Search results for "justice"

Some Remarks on the Relationship between Secession and General International Law in the Light of the ICJ’s Kosovo Advisory Opinion

2012

How is it possible to regard something that is not prohibited, as illegal? What are the resulting consequences of fact and law? This chapter suggests that a reasonable way to reconcile these two assertions is to admit that they refer to two profiles of the phenomenon in question that must be kept separate. Independence is not prohibited, but not all means to reach it are allowed under general international law. To render this concept, the author submits the idea of a normative "due process" seen as a set of rules giving no legal entitlement to statehood nor determining the creation of a State, but forming a normative course through which factual processes should be legally channelled. The c…

The Rohingya People and the International Court of Justice: Religion-Related Legal Analysis

2020

NATO'S BOMBINGS IN YUGOSLAVIA UNDER INTERNATIONAL SCRUTINY: ISSUES OF JURISDICTION AND PROCEDURE BEFORE THE INTERNATIONAL COURT OF JUSTICE

2000

New Study Group on European Cooperative Law: 'Principles' Project

2012

This paper presents both a new scientific network named “Study Group on European Cooperative Law” (SGECOL), and the “Principles of European Cooperative Law” (PECOL) project, which SGECOL has identified as its first research activity.SGECOL is a European group of cooperative law scholars, established in Trento (Italy), at the European Research Institute on Cooperative and Social Enterprises (Euricse), in November 2011. SGECOL’s general objective is to conduct comparative research on cooperative law in Europe, thus promoting increased awareness and understanding of cooperative law within the legal, academic and governmental communities at national, European and international level. SGECOL int…

La Directiva de Retorno y la tutela judicial efectiva

2015

Después de cierto tiempo de aplicación, la Directiva de Retorno 2008/115 contiene elementos que suscitan un especial interés por afectar a los derechos procesales fundamentales de los extranjeros nacionales de terceros Estados en situación de retorno. Pero, además, su proyección afecta a la configuración de una nueva política migratoria de la Unión Europea que supone sin temor a la exageración el verdadero reto para el siglo XXI. Una política que debe respetar los derechos básicos de los extranjeros y permitir la integración en un espacio de libertad, justicia y seguridad. El presente trabajo señala luces y sombras en el camino desarrollado por la Directiva de retorno, su transposición por …

Access to Justice in the Aarhus Convention – Genesis, Legislative History and Overview of the Main Interpretation Dilemmas

2020

Abstract The article present the key elements of the access to justice pillar of the Arhus Convention against the background of its legislative history, conceptual approaches and motivations laying behind certain provisions. On this basis, the article identifies and briefly indicates the main interpretation dilemmas regarding specific provisions of paragraphs 1, 2 and 3 of Article 9 as well as those which apply to access to justice pillar as a whole, in particular the interpretation dilemmas regarding the internal relations between these provisions and the role of this pillar in relation to the other pillars, in particular the public participation pillar. The conclusion is that while the st…

Intervening in domestic violence : interprofessional collaboration among social and health care professionals and the police

2021

Encountering domestic violence victims, perpetrators and witnesses in the multiprofessional fields of health and social care and policing includes various challenges. Each professional group perceives domestic violence from its own perspective, linked to its position in the field, core tasks, institutional practices and organizational structures. In this study, we examine interprofessional collaboration among Finnish social and health care professionals and police officers, focusing on the practices and conceptions concerning domestic violence interventions. The data consists of 16 focus group interviews, involving a total of 67 interviewees from social and health care professions and the p…

#MeToo in school: teachers’ and young learners’ lived experience of verbal sexual harassment as a pedagogical opportunity

2020

Based on a case study of verbal sexual harassment experienced by a young female teacher and her 17-year-old student in a Norwegian upper secondary school, this article addresses challenges and strengths of drawing upon negative experiences of ‘lived injustice’ in class, arguing that such experiences can serve as a resource for education about, through and for human rights. Complementing this case study, we discuss a survey we have conducted among secondary school students (N=382), concerning how young learners report being sexually harassed and how often they experience that an adult intervenes in the situation. Combining the theoretical framework of human rights education (HRE) and the con…

Conditions of cultural citizenship: intersections of gender, race and age in public debates on family migration

2015

This article analyses problem framings in public debates on family migration in Finland. The study focuses on the less-examined category of age and how it intersects with gender, race and religion. We examine the discursive context within which parliamentarians and the media negotiate questions of migration policies, belonging and citizenship. Our analysis identifies problem framings by combining frame analysis with the ‘What is the problem represented to be?’ approach, which understands policies as problematizations. We found that the debates held up the rather common notion of vulnerable women and children as groups that tighter family migration policies protect. The debates excluded cert…

Visibility in mediated borderscapes : The hunger strike of asylum seekers as an embodiment of border violence

2018

In 2012, two Afghan asylum seekers camped outside the Parliament building in Helsinki during a hunger strike that lasted for 72 days. Although the protest was very visible in the city space, the mainstream media and most politicians ignored it. This paper analyzes the protest and its mediation through the concepts of borderscape and visibility. Using methods of visual and discourse analysis, we examine the ways in which the hunger strike protest – and its mediation – negotiate the (in)visibility of borders. We show how the city can be a site for both policing and for politicizing asylum issues. In particular, we focus on the ways in which protesting asylum seekers embody borders and border …