Category: Analysis
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Hong Kong’s Two Constitutional “Outsiders”
–Dr. P. Y. Lo, Visiting Fellow, Centre of Comparative and Public Law, Faculty of Law, The University of Hong Kong. Rosalind Dixon and Vicki Jackson’s upcoming article (available here and reviewed on this blog on 4 November 2012 here) on the phenomenon of “extraterritorial” actors interpreting a country’s constitution in the course of conducting international affairs…
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The Greek Austerity Measures: Remedies Under International Law
— George Katrougalos, Professor of Public Law, Demokritus University, Greece (gkatr@otenet.gr) In a prior post, I argued that the Greek austerity measures violated various provisions of the Greek Constitution, as well as treaty commitments and other instruments embodied in international law.
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The Greek Austerity Measures: Violations of Socio-Economic Rights
—George Katrougalos, Professor of Public Law, Demokritus University, Greece (gkatr@otenet.gr) Recently, the European Committee of Social Rights (the supervisory body of the European Social Charter) delivered two decisions on collective complaints, condemning Greece for violation of articles 10 and 12 of the Charter because of its austerity legislation enacted in 2010.
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Of Pirates and Caymans: Lessons from the Privy Council for Interpretation of Hong Kong’s Basic Law
–Alvin Y. H. Cheung, Barrister-at-Law, Sir Oswald Cheung’s Chambers, Hong Kong At the ceremonial opening of the legal year of the Hong Kong Special Administrative Region (“HKSAR”) on 14 January 2013, Chief Justice Geoffrey Ma, Secretary for Justice Rimsky Yuen SC and Kumar Ramanathan SC, Chairman of the Bar Association, spoke at length about protecting…
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The First Haitian Constitution
—Richard Albert, Boston College Law School As we follow Haiti’s slow march toward democracy in the news, media reports often highlight that Haiti is the poorest nation in the western hemisphere and the world’s first independent black republic. Yet what is often if not always missing is this: Haiti adopted one of the first written…
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The UK 3 – British Christians 1
Lorenzo Zucca King’s College London British Christians are becoming increasingly more vocal about the presence of their faith in the workplace. Four of them brought cases all the way to the European Court of Human Rights (ECtHR) in Strasbourg (based on Article 9 and Article 14 of the European Convention of Human Rights) to claim…
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Toward a New European Abortion Constitutionalism?
—Ruth Rubio Marin, European University Institute Modern constitutionalism, born at the end of the 18th century with the French and American Revolutions, is a historically grounded venture. At the time, women did not enjoy civil equality, their freedom being largely dependent on their marital status, nor political citizenship–female enfranchisement not becoming a widespread reality until…
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International Arbitration and the Transformation of Comparative Law
—Donald Childress III, Pepperdine University We are in the midst of a monumental shift in the way international law views the state. While at one time, the nation-state claimed near absolute authority over prescribing, adjudicating, and enforcing law, today we see many non-state actors competing for legal competence.
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The Surprising Cascade of Pro-Gay Marriage Decisions in Latin America
—David Landau, Florida State University College of Law Ten years ago, Latin America would have been one of the last places where one would have expected an avalanche of same-sex rights decisions and policies. But that’s indeed what has happened recently, bookmarked by a December decision of the Mexican Supreme Court.
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The New Framework Agreement between the Philippine government and the Moro Islamic Liberation Front
—Anna Su, S.J.D. Candidate, Harvard Law School, A new Framework Agreement between the Philippine government and the Moro Islamic Liberation Front was signed with much rejoicing and fanfare last October 15. To be sure, the Framework Agreement is not yet a peace agreement.