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International Instruments (international + instruments)
Selected AbstractsMcGrath v Riddell: A flexible approach to the insolvency distribution rules?INTERNATIONAL INSOLVENCY REVIEW, Issue 1 2010Blanca Mamutse The rules relating to the division of the insolvent estate assume considerable importance in the field of international insolvencies, where different legal systems interact. International instruments including the European insolvency regulation and the UNCITRAL Model Law on Cross-Border Insolvency have provided a framework which governs the relationship between local and foreign distribution schemes. For English lawyers, questions remain however regarding the future role of the courts' statutory power to cooperate with the courts of ,relevant' countries or territories, and of the common law principle of universalism. An important issue connected to the determination of such questions is the established judicial approach to the pari passu rule, in the application of domestic law. This paper examines the manifestation of this tension in the litigation arising from the collapse of the HIH Casualty & General Insurance group of companies. It notes the scope which remains for continued resort to the statutory power of cooperation, and the potential for the Cross-Border Insolvency Regulations 2006 to encourage a more flexible approach to resolving differences between distribution schemes. Copyright © 2010 John Wiley & Sons, Ltd. [source] TRUTH TELLING AS REPARATIONSMETAPHILOSOPHY, Issue 4 2010MARGARET URBAN WALKER Abstract: International instruments now defend a "right to the truth" for victims of political repression and violence and include truth telling about human rights violations as a kind of reparation as well as a form of redress. While truth telling about violations is obviously a condition of redress or repair for violations, it may not be clear how truth telling itself is a kind of reparations. By showing that concerted truth telling can satisfy four features of suitable reparations vehicles, I defend the idea that politically implemented modes of truth telling to, for, and by those who are victims of gross violation and injustice may with good reason be counted as a kind of reparations. Understanding the doubly symbolic character of reparations, however, makes clearer why truth telling is unlikely to be sufficient reparation for serious wrongs and is likely to be sensitive to the larger context of reparative activity and its social, political, and historical background. [source] From Pariah State to Global Protagonist: Argentina and the Struggle for International Human RightsLATIN AMERICAN POLITICS AND SOCIETY, Issue 1 2008Kathryn Sikkink ABSTRACT Democratizing states began in the 1980s to hold individuals, including past heads of state, accountable for human rights violations. The 1984 Argentine truth commission report (Nunca Más) and the 1985 trials of the juntas helped to initiate this trend. Argentina also developed other justice-seeking mechanisms, including the first groups of mothers and grandmothers of the disappeared, the first human rights forensic anthropology team, and the first truth trials. Argentines helped to define the very term forced disappearance and to develop regional and international instruments to end the practice. Argentina thus illustrates the potential for global human rights protagonism and diffusion of ideas from a country outside the wealthy North. This article surveys Argentina's innovations and proposes possible explanations, drawing on theoretical studies from transitional justice, social movements, and norms cascades in international relations. [source] Modern-Day Child Slavery1CHILDREN & SOCIETY, Issue 3 2008Hans Van De Glind Child slavery is a contemporary global problem existing since ancient times. The concept of slavery and practices similar to it are defined in a range of international instruments. Children are particularly vulnerable to slavery-like practices, and their special plight is addressed by the UN Convention on the Rights of the Child (CRC,in particular Art 32 on the right to be protected from economic exploitation) and the ILO Worst Forms of Child Labour Convention, 1999 (No. 182). Furthermore, the Palermo Protocol on human trafficking (of 2000) provides important tools to help shape legislative policy against another form of slavery, namely the trafficking of adults and children. [source] | ||||||||||