Indiana Journal of Global Legal Studies最新文献_第4页

Immunity from Suit for International Organizations: The Judiciary's New Que of Separating Lawsuit Sheep from Lawsuit Goats 国际组织的诉讼豁免：司法机关将诉讼绵羊与诉讼山羊分离的新任务

Indiana Journal of Global Legal Studies Pub Date : 2020-06-25 DOI: 10.2979/indjglolegstu.27.2.0207

Y. Dautaj

{"title":"Immunity from Suit for International Organizations: The Judiciary's New Que of Separating Lawsuit Sheep from Lawsuit Goats","authors":"Y. Dautaj","doi":"10.2979/indjglolegstu.27.2.0207","DOIUrl":"https://doi.org/10.2979/indjglolegstu.27.2.0207","url":null,"abstract":"Abstract:In 1945, the United States Congress enacted the International Organizations Immunities Act (IOIA). Section 288a(b) of the act grants international organizations \"the same immunity from suit and every form of judicial process as is enjoyed by foreign governments.\" The ensuing issue has been whether \"the same immunity\" means the immunity enjoyed in 1945, or whether it has evolved together with the body of law on sovereign immunity.In Jam v. Int'l Finance Corp, 586 U.S. (2019), the U.S. Supreme Court was finally asked to decide this issue, resolving a split in the federal circuits. The Court held that the immunity enjoyed by international organizations is that immunity which is enjoyed by foreign governments pursuant to the Foreign Sovereign Immunities Act of 1976 (FSIA).This article reaches two conclusions: first, a static interpretation more accurately reflects the context, purpose, consequences, and history of the IOIA. Second, if the reference to the same immunity is taken to mean a reference to the body of law on sovereign immunity, it is nonetheless a reference to the general rule of absolute immunity, which is now codified as a presumptive (or default) rule in § 1604 of the FSIA.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":"207 - 268"},"PeriodicalIF":0.0,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48711768","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

Passport to Plastics: Cosmetic Surgery Tourism, Medical Malpractice, and the Automatic Establishment of Personal Jurisdiction by Way of the Joint Commission International 护照到整形:整容手术旅游，医疗事故，和自动建立个人管辖权的方式联合委员会国际

Indiana Journal of Global Legal Studies Pub Date : 2020-06-25 DOI: 10.2979/indjglolegstu.27.2.0347

E. Astrup

引用次数: 0

The Dangers of Humanitarian Intervention and the Responsibility to Protect Doctrine, and a Partial Solution 人道主义干预的危险与保护责任主义及其部分解决方案

Indiana Journal of Global Legal Studies Pub Date : 2020-06-25 DOI: 10.2979/indjglolegstu.27.2.0371

M. Bellinger

引用次数: 0

Pro Bono Work in Colombia: How Can It Help Broaden, Equalize, and Ensure Access to Justice 哥伦比亚的无偿工作：如何帮助扩大、平等和确保诉诸司法

Indiana Journal of Global Legal Studies Pub Date : 2020-06-25 DOI: 10.2979/indjglolegstu.27.1.0189

Ana Bejarano Ricaurte

{"title":"Pro Bono Work in Colombia: How Can It Help Broaden, Equalize, and Ensure Access to Justice","authors":"Ana Bejarano Ricaurte","doi":"10.2979/indjglolegstu.27.1.0189","DOIUrl":"https://doi.org/10.2979/indjglolegstu.27.1.0189","url":null,"abstract":"Abstract:Empirical data in Colombia demonstrates that pro bono work by lawyers is both urgently needed by scarce-resourced communities and limitedly offered by the legal community. The restrictions of the legal market, especially with regards to its offer of legal services for the underprivileged, has direct consequences in the levels of poverty and inequality in Colombia. Thus, this paper hopes to contribute an answer the question: how can pro bono work help broaden, equalize, and ensure access to justice in Colombia? Part I includes an explanation of the statistics obtained from the survey of PBF law firm pro bono coordinators and interns and relevant data from the National Survey of Unmet Legal Needs. Part II comprises a discussion of the four main challenges identified through the empirical analysis. First, triage obstacles arise when assigning a case to one of the available legal aid outlets, and pro bono plays into these dynamics. Second, there is a significant gap between the first-order legal needs of the low-income population, and the type and amount of services offered through pro bono arrangements with law firms. Third, as a legal transplant, pro bono work faces infrastructure challenges. Finally, the fourth challenge stems from how improper practices can arise structurally around the figure of the pro bono intern in law firms. Part III explores the possibilities presented by pro bono programs in light of the current challenges assessed in the previous sections. It identifies actors in the legal community who could contribute to positive change, as well as recommendations for new legislation, changes to law school curricula, institutional improvements, and prevention of the misuse of certain pro bono mechanisms. Part IV presents the conclusions drawn from the specific findings of this article.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":"189 - 229"},"PeriodicalIF":0.0,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45052665","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

Multilateralism, Pushback, and Prospects for Global Engagement? 多边主义、倒退和全球参与的前景？

Indiana Journal of Global Legal Studies Pub Date : 2020-06-25 DOI: 10.2979/indjglolegstu.27.2.0001

M. Kirby

引用次数: 0

Temporary Protection Status: A Yugoslavian Precedent 临时保护地位：南斯拉夫的先例

Indiana Journal of Global Legal Studies Pub Date : 2020-06-25 DOI: 10.2979/indjglolegstu.27.2.0391

Medina Dzubur

引用次数: 2

Access to Justice and Legal Clinics: Developing a Reflective Lawyering Space Some Insights from the Italian Experience 诉诸司法和法律诊所：发展反思性律师空间——意大利经验的一些启示

Indiana Journal of Global Legal Studies Pub Date : 2020-06-25 DOI: 10.2979/indjglolegstu.27.1.0249

Marzia Barbera, V. Protopapa

引用次数: 0

When Freedom of Speech Comes at a Cost: A Case Study of E.S. v. Austria 当言论自由是有代价的——以E.S.诉奥地利案为例

Indiana Journal of Global Legal Studies Pub Date : 2020-06-25 DOI: 10.2979/indjglolegstu.27.2.0431

Rachael Taylor

{"title":"When Freedom of Speech Comes at a Cost: A Case Study of E.S. v. Austria","authors":"Rachael Taylor","doi":"10.2979/indjglolegstu.27.2.0431","DOIUrl":"https://doi.org/10.2979/indjglolegstu.27.2.0431","url":null,"abstract":"Abstract:In the fall of 2018, the European Court of Human Rights (ECtHR) issued a decision upholding the criminal conviction of an Austrian national (E.S.) in violation of Austria's Criminal Code against the disparagement of religious doctrines. Her initial conviction in the Austrian court was based on statements she made about the Prophet Muhammad while teaching a series of seminars entitled \"Basic Information on Islam.\" In upholding her conviction, the ECtHR found that there had been no violation of the Austrian's right to freedom of expression under Article 10 of the European Convention for the Protection of Human Rights (Convention), and therefore Austria's conviction was valid and did not impermissibly infringe on her right to freedom of expression. This case adds yet another dimension to the polarizing debate regarding freedom of expression and the permissible limitations that may be placed upon this freedom. In this article, I argue that this case can be viewed as a turning point in the free expression debate, and perhaps indicates an awareness that such restrictions on speech may be necessary in order to maintain public safety and order.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":"431 - 450"},"PeriodicalIF":0.0,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46556778","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

The Mandarins of the Law: Pro Bono Legal Work from a Comparative Perspective 法律的官吏:比较视角下的公益法律工作

Indiana Journal of Global Legal Studies Pub Date : 2020-06-25 DOI: 10.2979/indjglolegstu.27.1.0131

Daniel Bonilla Maldonado

{"title":"The Mandarins of the Law: Pro Bono Legal Work from a Comparative Perspective","authors":"Daniel Bonilla Maldonado","doi":"10.2979/indjglolegstu.27.1.0131","DOIUrl":"https://doi.org/10.2979/indjglolegstu.27.1.0131","url":null,"abstract":"The right to access to justice is one of the pillars of modern liberal democracies. On the one hand, it allows citizens to solve their conflicts by appealing to courts and to the administration.1 On the other, as argued in the theoretical papers gathered in Part I, it allows citizens to choose and realize their life projects and to be fully included in the political community. Yet, all modern liberal democracies suffer an access to justice deficit to varying degrees. As argued in the introduction of this special issue, class, epistemological and market inequalities create notable obstacles to the materialization of the right to access to justice. Modern liberal democracies have developed four institutions— public defenders’ offices, court-appointed counsel, legal clinics, and pro bono work—to realize the State’s and lawyers’ obligations to securing the right to access to justice for all. This article is focused on only one of these institutions: pro bono legal work. This article pursues two intertwined aims: first, it describes and analyzes the conceptual architecture that supports pro bono work;2 second, using these theoretical tools, it describes and analyzes the pro bono discourse and practices developed in Argentina, Colombia, and Chile.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":"131 - 188"},"PeriodicalIF":0.0,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47358226","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: 3

The Legal Fiction of the Right to Defense in the Colombian Criminal Justice System 哥伦比亚刑事司法制度中辩护权的法律虚构

Indiana Journal of Global Legal Studies Pub Date : 2020-06-25 DOI: 10.2979/indjglolegstu.27.1.0289

Manuel Iturralde

{"title":"The Legal Fiction of the Right to Defense in the Colombian Criminal Justice System","authors":"Manuel Iturralde","doi":"10.2979/indjglolegstu.27.1.0289","DOIUrl":"https://doi.org/10.2979/indjglolegstu.27.1.0289","url":null,"abstract":"This is the story of Omar, a man convicted of murder and sentenced to seventeen years in prison. Despite appearances, this is also the story of a criminal justice system that fails to effectively guarantee the fundamental rights of the defendant. Omar’s case is not unique, but a telling example of the systematic failure of the Colombian criminal justice, which is not fit for the purpose of protecting the constitutional rights to access to justice and to defense. This is even more worrisome, when considering that those whom the system fails are, in most cases, members of the most disadvantaged social groups. A middleor upperclass defendant stands a better chance of justice because they have the economic and social resources to secure the legal counsel of highly skilled and motivated private lawyers, which most people being prosecuted and put in prison cannot afford. Through the account of Omar’s case, this article will discuss the legal fiction of the right to access to justice and to defense in the Colombian criminal justice system, pinpointing its features and especially its systematic shortcomings, despite legal guarantees and recent legal reforms. This article will also try to make sense of why this is the case and how it is not a peculiarity of the Colombian criminal justice, but rather a worrying trend that affects different liberal democracies from the global north and south. These liberal democracies have embraced a highly punitive and exclusive political economy of punishment, which disproportionately affects members of the lower classes. As discussed in the introduction of this special issue, there is a clear and direct connection between global poverty and inequality on the one","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":"289 - 327"},"PeriodicalIF":0.0,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41703539","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: 1