Global Jurist最新文献

‘The Food Must Reach the Hungry’: Lessons from Judicial Enforcement of Right to Food in India 食物必须送到饥饿者手中"：印度食物权司法执行的经验教训

Global Jurist Pub Date : 2024-07-11 DOI: 10.1515/gj-2024-0036

Hiranmayee Mishra

{"title":"‘The Food Must Reach the Hungry’: Lessons from Judicial Enforcement of Right to Food in India","authors":"Hiranmayee Mishra","doi":"10.1515/gj-2024-0036","DOIUrl":"https://doi.org/10.1515/gj-2024-0036","url":null,"abstract":"\u0000 Food security and securing right to food for all is one of the essential mandate for a welfare State especially for achieving aspiring targets of Sustainable Development Goals 2030. Judicialisation of right to food is a substantial way through which right to food can be protected and implemented at domestic level. The Indian experience of right to food adjudication depicts that the Supreme Court has carved out an expansive role for itself through judicial activism to secure the fundamental rights of the citizens. The PUCL case, popularly called as right to food case has set off a cascade of judicial action and made India a model showing how courts can effectively implement socio-economic rights through judicial intervention. This model of adjudicatory leadership by the constitutional courts shows a remedy-oriented approach which have overcome the normative concerns of democratic legitimacy and polycentricity. Courts have strengthened the institutional legitimacy through participatory democracy with citizens and adjudicated multifaceted policy concerns. The author put forth the emergence of ‘triad model’ of adjudication where interaction of courts, local bodies and citizens makes enforcement of the right more practicable. The article concludes that Courts can be a catalyst for transforming public policy implementation by securing basic right to the citizens through innovative remedies.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"127 33","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141656577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

On the History of Water as a Human Right and Its Recognition in the Cuban Constitution 水作为一项人权的历史及其在古巴宪法中的认可

Global Jurist Pub Date : 2024-07-10 DOI: 10.1515/gj-2024-0016

Beatriz L. Yera, Yanelys D. Triana

{"title":"On the History of Water as a Human Right and Its Recognition in the Cuban Constitution","authors":"Beatriz L. Yera, Yanelys D. Triana","doi":"10.1515/gj-2024-0016","DOIUrl":"https://doi.org/10.1515/gj-2024-0016","url":null,"abstract":"\u0000 To say that water is one of the most important natural elements for life would be unnecessary. In fact, because of its incalculable value, it is recognised as blue gold. Unfortunately, it is sometimes forgotten that its protection is one of the main challenges facing society today. The scarcity of the vital liquid is becoming increasingly noticeable due to climate change, population growth and careless management by humans. On closer examination it can be appreciated as a natural element, a chemical element, an economic good, a cultural good, among other denominations because it is so versatile, but above all, it is a human right. Although the latter is not something that has always been established in this way, it took many years for it to be officially recognised. In this research, a historical, doctrinal and comparative study is carried out on the regulation of water as a human right, with special reference to its treatment in Cuban constitutionalism. In order to carry out this study, an analysis is made based on the role played by water in the development of humanity, its recognition as a human right and its inclusion in Cuba’s constitutional history. Theoretical-legal, historical-legal, analytical-legal and document analysis research methods were used for this purpose.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"7 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141661539","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Capitalising on Uncertainty: Exploring the Failure of International Law to Address the Risk Generated by the Proliferation of Space Debris 利用不确定性：探索国际法在应对空间碎片扩散所产生的风险方面的失误

Global Jurist Pub Date : 2024-07-08 DOI: 10.1515/gj-2024-0047

Vincent Seffinga

{"title":"Capitalising on Uncertainty: Exploring the Failure of International Law to Address the Risk Generated by the Proliferation of Space Debris","authors":"Vincent Seffinga","doi":"10.1515/gj-2024-0047","DOIUrl":"https://doi.org/10.1515/gj-2024-0047","url":null,"abstract":"Abstract The increase in the number of space activities in recent decades has led to a concomitant increase in space debris in orbit around Earth. Space debris pose a risk not just for specific satellites, but also on a systemic level, as a collision cascade can result in the near-Earth orbits becoming unusable. In turn, this would entail a loss of the services currently provided through satellites. The international community has recognised this risk. Despite this, states are reluctant to negotiate and conclude international legal rules to address the proliferation of space debris. This article explores a root cause of this discrepancy. It argues that while law is typically seen as the regulator of uncertainty, international law’s regulation of outer space – under the interests of global capital investors – is directed by principles that support processes of commodification (i.e., the freedom of use), rather than principles that manage the risks associated with the proliferation of space debris as these would constrain (or are perceived to constrain) the expansion of capital (e.g., the precautionary principle). Therefore, international law – at the level of principles – is a co-producer of uncertainty. This conclusion is reached by exploring the proliferation of space debris through Ulrich Beck’s world risk society and by incorporating capital and economic power into his work. This inclusion reveals (i) that it is the accumulation of capital that generates risks and (ii) that capital exploits the socially constructed nature of risk to legitimise its expansion. International law – as both a regulator and co-producer of uncertainty – plays an essential role in legitimising these processes.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"101 43","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141667083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Two Tales of the Energy Commons Through the Lens of Complexity 复杂性透视下的两个能源共享故事

Global Jurist Pub Date : 2024-04-22 DOI: 10.1515/gj-2024-0010

Björn Hoops

引用次数: 0

Achieving a Common Future for all Through Sustainability-Conscious Legal Education and Research Methods 通过具有可持续性意识的法律教育和研究方法实现所有人的共同未来

Global Jurist Pub Date : 2024-02-21 DOI: 10.1515/gj-2023-0122

M. Poto, Emily Margaret Murray

引用次数: 2

Conceptualising Extraterritoriality. Public International Law and Private International Law Considerations 治外法权的概念化。国际公法和国际私法考虑因素

Global Jurist Pub Date : 2024-01-01 DOI: 10.1515/gj-2023-0128

Lucia Leontiev

{"title":"Conceptualising Extraterritoriality. Public International Law and Private International Law Considerations","authors":"Lucia Leontiev","doi":"10.1515/gj-2023-0128","DOIUrl":"https://doi.org/10.1515/gj-2023-0128","url":null,"abstract":"Abstract The aim of this article is to analyse extraterritoriality from public international law and private international law perspectives. Although many scholars relate the exercise of extraterritorial jurisdiction to both private and public international law, in practice the topic is mainly considered as belonging to the latter. Moreover, extraterritorial jurisdiction is not a common notion under private international law. Perhaps because the extraterritorial norm is intended to regulate first and foremost state conduct and not relationships between private persons, but this vision does not take into account that the latter are frequently affected by the norm. It is argued here that from a public international law perspective, the legal framework of extraterritorial jurisdiction is unsettled and incomplete. The bottom line is that states are largely free to unfold their power, given that international law does not really regulate extraterritorial jurisdiction but only establishes the negative obligation not to trespass on state sovereignty. Thus, considering extraterritorial jurisdiction from a national perspective, in this paper, under the general framework of private international law is not only necessary but also justified. In addressing the above, this article will first analyse extraterritoriality as an exception under public international law (2). It will reflect on the lawful/unlawful grounds for the exercise of extraterritorial jurisdiction and will show that the abandonment of territoriality in jurisdictional assertions is more desirable than feasible. Then extraterritoriality will be analysed as an inherent feature of private international law, that can be traced in all three domains regulated by the private international law (3). It will also make a case on the extraterritorial reach of national constitutions.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"43 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139127955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Comparative Law and Methodology Between Homogeneity and Complexity 同质性与复杂性之间的比较法与方法论

Global Jurist Pub Date : 2023-12-08 DOI: 10.1515/gj-2023-0136

Andrea Pradi, Elena Ioriatti

引用次数: 0

Portuguese Policy in Sri Lanka as a Reflection of the Emergence of 16th Century International Law 葡萄牙在斯里兰卡的政策反映了 16 世纪国际法的兴起

Global Jurist Pub Date : 2023-11-27 DOI: 10.1515/gj-2023-0021

Dr. Punsara Amarasinghe

引用次数: 0

The Human Rights-Based Constitutionalization of Global Environmental Protection: A Framework for Action and Understanding 基于人权的全球环境保护宪法化：行动与理解框架

Global Jurist Pub Date : 2023-11-27 DOI: 10.1515/gj-2023-0066

Qerim Qerimi

{"title":"The Human Rights-Based Constitutionalization of Global Environmental Protection: A Framework for Action and Understanding","authors":"Qerim Qerimi","doi":"10.1515/gj-2023-0066","DOIUrl":"https://doi.org/10.1515/gj-2023-0066","url":null,"abstract":"Abstract The underlying premise of a global constitutional order is dictated by the singular, unitary nature of the environment, a deeply interdependent whole. This premise aside, international environmental law, as we know it today, is far from constituting an international constitutional order. Rather, it presents a broad set of principles and mixed legal and political commitments of states dispersed in a myriad of international instruments possessing varying degrees of formality, legal status, scope of regulation, and effect. Its unparalleled dispersion, organizational and regulatory flexibility, and overall indeterminate features of normative content and procedure are neither improbable nor inconceivable for a relatively new genre of international legal regulation, namely the environment. Simply put, a consolidated international legal order as it ordinarily exists in other arenas is missing in the case of the environment. In shaping its contents and effects, a new institutional ally is found in national and regional judicial bodies, which instead rely on human rights to ground their decisions in pursuit of climate goals and aspirations. The ensuing result is that framing the order that will govern the global environmental change, resort must be made to the models already fashioned by the practice of national and regional systems. Ultimately, this article proposes the principal parameters of a constitutional order for the environment.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"60 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139229645","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Finality, Res Judicata, and Counter-Epistemic Values in Civil Proceedings 终局性、既判性和民事诉讼中的反认知价值

Global Jurist Pub Date : 2023-10-04 DOI: 10.1515/gj-2023-0006

Jesus Ezurmendia

引用次数: 0