Al igual que ocurre en los regímenes de responsabilidad Estatal internacional y SIDH, en donde se hace una distinción entre los hechos ilícitos internacionales y las violaciones a normas imperativas de derecho internacional —Ius cogens—, se plantea la posibilidad de aplicar en el régimen interno de responsabilidad estatal la aludida “responsabilidad internacional agravada”, en aquellos casos específicos de violaciones graves a derechos humanos, comoquiera que resulta necesario establecer la aludida distinción respecto de la imputación del daño al Estado en ese tipo de casos. Así, en atención a las circunstancias por las cuales atraviesa el país en materia de desconocimiento flagrante y sistemático de derechos humanos, resulta imperioso establecer una diferenciación entre las denominadas fallas y/o faltas administrativas dependiendo de las normas y/o derechos infringidos, pues a pesar que desde el punto de vista del título de imputación —falla del servicio— el juicio de responsabilidad se basa en el mismo fundamento jurídico —desconocimiento de un deber legal a su cargo—, lo cierto es que las violaciones graves a derechos humanos merecen, como resulta apenas natural, un juicio de recriminación con mayor rigurosidad.
This report is part of WHO's response to the 49th World Health Assembly held in 1996 which adopted a resolution declaring violence a major and growing public health problem across the world. It is aimed largely at researchers and practitioners including health care workers, social workers, educators and law enforcement officials.
Now in its third edition, this title is completely updated with all recent developments incorporated in both new chapters and the existing ones.
To be effective, an international regime must play a significant role in solving or at least managing the problem that led to its creation. But because regimes--social institutions composed of roles, rules, and relationships--are not actors in their own right, they can succeed only by influencing the behavior of their members or actors operating under their members' jurisdiction.This book examines how regimes influence the behavior of their members and those associated with them. It identifies six mechanisms through which regimes affect behavior and discusses the role of each through in-depth case studies of three major environmental concerns: intentional vessel-source oil pollution, shared fisheries, and transboundary acid rain. The behavioral mechanisms feature regimes as utility modifiers, as enhancers of cooperation, as bestowers of authority, as learning facilitators, as role definers, and as agents of internal realignments. The case studies show how these mechanisms can cause variations in effectiveness both across regimes and within individual regimes over time.One of the book's primary contributions is to develop methods to demonstrate which causal mechanisms come into play with specific regimes. It emphasizes the need to supplement conventional models assuming unitary and utility-maximizing actors to explain variations in regime effectiveness.Contributors : Lee G. Anderson, Ann Barrett, Marc A. Levy, Moira L. McConnell, Natalia Mirovitskaya, Ronald Mitchell, Don Munton, Elena Nikitina, Gail Osherenko, Alexei Roginko, Marvin Soroos, Olav Schram Stokke, Oran R. Young.
“On The Law of War and Peace” was translated into many languages, and most law schools adopted it as the basis of the right of nations. Princes and statesmen consulted the book, and just as Alexander the Great always had a copy of Homer's 'Iliad,’ so the great Gustavus Adolphus always had with him a copy of Grotius’ work, to remind himself that even the most successful general must respect some laws. Grotius’ strength lies in his moderation and in the fact that he quotes copiously from the best authorities to fortify his views .
Women workers are often unaware of their rights under international labour standards and national legislation. This A-Z list of women's rights focuses on state or employer obligations and workers' rights relating to gender concerns such as sexual harassment, women in development, the glass ceiling, part-time work, and family responsibilities. Enforcement mechanisms and legal procedures are also described. Each entry provides a clear definition or description and directs the reader to relevant International Labour Office (ILO) and other legal instruments, as well as related topics in the guide.
In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
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Economic growth and the creation of wealth have cut global poverty rates, yet vulnerability, inequality, exclusion and violence have escalated within and across societies throughout the world. Unsustainable patterns of economic production and consumption promote global warming, environmental degradation and an upsurge in natural disasters. Moreover, while we have strengthened international human rights frameworks over the past several decades, implementing and protecting these norms remains a challenge. These changes signal the emergence of a new global context for learning that has vital implications for education. Rethinking the purpose of education and the organization of learning has never been more urgent. This book is inspired by a humanistic vision of education and development, based on respect for life and human dignity, equal rights, social justice, cultural diversity, international solidarity and shared responsibility for a sustainable future.
This sixth edition has been completely revised and updated to take account of many new developments. It covers a variety of topics, from diplomatic immunity to human rights, and from recognition of government to war crimes. The author is particularly concerned with the relationship between international law and international politics, and he devotes special attention to such controversial topics as self-determination and the expropriation of foreign-owned property where the conflicting interests and attitudes of different states are most apparent.
Author: Varios autores
Publisher: Boletín Oficial del Estado
Texto íntegro de la Constitución Española de 27 de diciembre de 1978, incluyendo una selección de concordancias de la Jurisprudencia Constitucional y la legislación de desarrollo dictada hasta el cierre de la edición. Se completa con un índice analítico.
The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.
In this important and wide-ranging book, a leading political theorist and activist considers the question: What justifies democracy? Carlos Santiago Nino critically examines answers others have given and then develops his own distinctive theory of democracy, emphasizing its deliberative character. In Nino's view, democracy resembles a moral conversation and is valued because of its capacity to generate an impartial perspective, one that takes into account the interests of all citizens. Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citizens to participate more directly in the political life of their country.
Janus and Minerva
Author: Stanley Hoffmann
Publisher: Westview Pr