Indiana Journal of Global Legal Studies最新文献_第5页

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

Afghanistan Legislative Commitments to the WTO: A Deeper Look at Afghanistan's Compliance with TRIPS 阿富汗对世贸组织的立法承诺:对阿富汗遵守与贸易有关的知识产权的更深层次的观察

Indiana Journal of Global Legal Studies Pub Date : 2020-06-25 DOI: 10.2979/indjglolegstu.27.2.0269

Hafizullah Seddiqi

{"title":"Afghanistan Legislative Commitments to the WTO: A Deeper Look at Afghanistan's Compliance with TRIPS","authors":"Hafizullah Seddiqi","doi":"10.2979/indjglolegstu.27.2.0269","DOIUrl":"https://doi.org/10.2979/indjglolegstu.27.2.0269","url":null,"abstract":"In 2016, Afghanistan formally acceded to the World Trade Organization (WTO) to improve its worldwide trading prospects. However, this journey began much earlier. To join the WTO, one of Afghanistan’s commitments was to reform its then-existing trademark laws.1 Intellectual property (IP)-related laws are, in general, one of the fields that countries must reform prior to joining the WTO, so as to be in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).2 While Afghanistan has enacted some IPrelated statutes, including the 2009 Law on Trade Marks Registration, it continues to fall short of conforming to TRIPS because it is silent on licensing trademarks, and is ambiguous on both trademark validity and use requirements. Consequently, these kinds of deficiencies will create opportunities to misuse a legal loophole, perpetuate corruption, and discourage foreign investment in Afghanistan. This paper suggests that the Afghan government should fix the deficiencies in TRIPS by modeling the Turkey Industrial Code and the Law of the Republic of Indonesia on Marks, in order to decrease corruption and increase trust by foreign investors. The first part of this paper will briefly introduce the structure of the WTO, then cover the process of Afghanistan’s accession to the WTO. The second part will introduce both the old and new Law on Trade Marks Registration of Afghanistan as well as TRIPS.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":"269 - 302"},"PeriodicalIF":0.0,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47435108","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: 2

The Right to Access to Justice: Its Conceptual Architecture 诉诸司法的权利：其概念架构

Indiana Journal of Global Legal Studies Pub Date : 2020-06-25 DOI: 10.2979/indjglolegstu.27.1.0015

Daniel Bonilla Maldonado

{"title":"The Right to Access to Justice: Its Conceptual Architecture","authors":"Daniel Bonilla Maldonado","doi":"10.2979/indjglolegstu.27.1.0015","DOIUrl":"https://doi.org/10.2979/indjglolegstu.27.1.0015","url":null,"abstract":"The right to access to justice is a global issue—both theoretically and practically. From a theoretical perspective, the right to access to justice is a central component of the web of concepts that constitutes the modern State. This right, along with principles like separation of powers, legality, and liberty—and rights like the rights to vote, equality, and expression—form a central part of the modern legal and political imagination.1 These categories shape the axes that construct the horizon of understanding that subjects committed to enlightened modernity are implicitly or explicitly immersed. These categories are also the lenses through which the legal and political world is constructed and interpreted by subjects committed to enlightened modernity. The right to access to justice occupies a central place in this horizon of understanding: it makes explicit the reason why abstract, autonomous, rational subjects create the State and conceive of the core function that it should fulfill, this is, resolving conflicts between individuals and keeping the peace.2 This right is generally understood as the capacity of all members of a political community to call upon the State to solve their differences impartially and efficiently.3","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":"15 - 33"},"PeriodicalIF":0.0,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44219583","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: 2

Comments from a Private Law Perspective 私法视角下的评论

Indiana Journal of Global Legal Studies Pub Date : 2020-01-01 DOI: 10.2979/indjglolegstu.27.2.0071

Micklitz

引用次数: 0

Representation and Beyond 代表及超越

Indiana Journal of Global Legal Studies Pub Date : 2020-01-01 DOI: 10.2979/indjglolegstu.27.2.0111

Roermund

引用次数: 0

Public Defenders' Offices In Brazil: Access To Justice, Courts, And Public Defenders 巴西的公设辩护人办公室:诉诸司法、法院和公设辩护人

Indiana Journal of Global Legal Studies Pub Date : 2020-01-01 DOI: 10.2979/INDJGLOLEGSTU.27.1.0273

Alexandre dos Santos Cunha

引用次数: 0

Thinking Outside the Box, but Minding the Inside and Outside 跳出框框思考，但要兼顾内外

Indiana Journal of Global Legal Studies Pub Date : 2020-01-01 DOI: 10.2979/indjglolegstu.27.2.0060

Kratochwil

引用次数: 1

The Role of Negativity in Inclusion and Exclusion 消极在包容和排斥中的作用

Indiana Journal of Global Legal Studies Pub Date : 2020-01-01 DOI: 10.2979/indjglolegstu.27.2.0097

Thiebaut

引用次数: 0

Cause Lawyering and Compassionate Lawyering in Clinical Legal Education: The Case of Chile 诊所式法律教育中的事业律师与同情律师:以智利为例

Indiana Journal of Global Legal Studies Pub Date : 2020-01-01 DOI: 10.2979/INDJGLOLEGSTU.27.1.0231

L. Muñoz

引用次数: 0

Introduction: Access to Justice: Theory and Practice from a Comparative Perspective 导论:司法途径:比较视角下的理论与实践

Indiana Journal of Global Legal Studies Pub Date : 2020-01-01 DOI: 10.2979/indjglolegstu.27.1.0001

Crawford, Maldonado

引用次数: 1