| 1. |
- Agius, Maria, 1981-
(författare)
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Dying a Thousand Deaths : Recurring Emergencies and Exceptional Measures in International Law
- 2010
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Ingår i: Göttingen Journal of International Law. - 1868-1581. ; 2:1, s. 219-242
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Tidskriftsartikel (refereegranskat)abstract
- Crises, while unforeseen and exceptional, appear with some regularity. Cri-sis management is not exceptional, but a recurring task. This paper studies the impact of international law on how international crises are handled and the room allowed for emergency measures within international legal dis-courses. It outlines the relationship between an extra-legal exceptionalist perspective, where law is considered an obstacle to emergency measures, and a more constitutionalist one, where exceptional measures are included within the legal paradigms. Examples are drawn from two contemporary crises: the global financial crisis, with particular reference to Iceland and the Icesave dispute, and the treatment of global epidemics and its effect on trade, with particular reference to the pandemic swine influenza A (H1N1). It is suggested that many factors seem to influence the choice of perspec-tive: inter alia previous deviations in similar situations and the institutional solidity of the legal environment of the rule in question. The role for inter-national law in crisis may increase through soft law guidance and persuasive advice from credible organisations that may assess the gravity of the situa-tion and suggest alternative courses of action within the ambit of law.
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| 2. |
- Norlund, Anita
(författare)
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”Varför tycker du man ska ha dödsstraff, då?” Ett sociologisk-didaktiskt verktyg för analys av klassrumsdebatter
- 2013
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Ingår i: Educare. - : Malmö högskola. - 1653-1868 .- 2004-5190. ; :1, s. 35-62
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Tidskriftsartikel (refereegranskat)abstract
- Debates, as the discursive curriculum activities they are, are occasionally arranged in classrooms. Here, the aim is to offer a tool for analyses of such activities. By adopting a sociological-didactical perspective, this article takes Basil Bernstein’s conceptual pair vertical and horizontal discourse as its starting point. The ‘vertical discourse’ is roughly speaking school-oriented whereas the ‘horizontal discourse’ is more often played out in informal contexts. These two central concepts will be specified in particular relation to the classroom debate as curricular content. Two contrasting authentic classroom debates were intentionally selected in order to try out the ana-lytical tool. Both the debates deal with the same topic, i. e. death penalty. The debates, however, also differ from each other; they are put into prac-tice in remarkably different ways and in different contexts, although they are both collected from, in a sociological perspective, supposedly less ad-vantaged areas. I argue that the tool offered is a needed and fruitful way of capturing what happens in classroom debates.
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| 3. |
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| 4. |
- Stoyanova, Vladislava
(författare)
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Complementary protection for victims of human trafficking under the European Convention on Human Rights
- 2011
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Ingår i: Goettingen Journal of International Law. - 1868-1581. ; 3:2, s. 777-817
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Tidskriftsartikel (populärvet., debatt m.m.)abstract
- The international legal framework regulating the problem of human trafficking contains the presumption that the return of victims of human trafficking to their countries of origin is the standard resolution for their cases. However, victims might have legitimate reasons for not wanting to go back. For those victims, resort to the legal framework of the European Convention on Human Rights could be a solution. I elaborate on the protection capacity of Article 3 when upon return victims face dangers of re-trafficking, retaliation, rejection by family and/or community and when upon return in the country of origin victims could be subjected to degrading treatment due to unavailability of social and medical assistance. In light of Rantsev v. Cyprus and Russia case, I develop an argument under Article 4 that states cannot send victims to those countries which do not meet the positive obligations standard as established in the case. Article 8 could be relevant, first, when the level of feared harm in the country of origin does not reach the severity of Article 3 but is sufficiently grave to be in breach of the right to private life and engage the non-refoulement principle, and second, when the victim has developed social ties within the receiving state and the removal will lead to their disruption.
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