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As a regional bloc, the Revised Treaty of Chaguaramas (RTC) provides an opportunity for all of its Member States to benefit from regional integration and to better withstand the effects of globalisation. This article examines two recent cases involving Guyana that were litigated before the Caribbean Court of Justice (CCJ) (the 2009 “TCL Case” and 2014 “Rudisa Case”) and discusses several important issues borne out during the cases, whereas also highlighting potential or emergent issues which may emanate from these cases in the future. These cases are analysed with a view to highlighting the important role of the CCJ in interpreting the RTC. 相似文献
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US refugee law reflects an ever-increasing conception that theapplication of international standards would constitute an unacceptablerisk to national security. CSR Article 31(2)s requirementthat refugees shall not be detained unless necessaryappears among the chief casualties of such suspicions. US jurisprudenceremains strikingly devoid of reference to Article 31, and 2003sMatter of D-J- is a prime example. D-J- was an administrativedecision in which the US Attorney General held that nationalsecurity required all US asylum seekers who successfully arrivevia boat must be subject to mandatory detention throughout thecourse of removal proceedings. Despite US accession to the Protocol,Article 31(2) was not mentioned. This article explores what might have happened to D-J- if theRefugee Convention had indeed been applied to his case. Utilizingthe international methodology for treaty interpretation, itapplies Article 31(2) to various aspects of the Attorney General'sdecision. Part 2 argues that under the Supreme Court's CharmingBetsy rule, statutory discretion to detain must be interpretedconsistently with US international obligations. Part 3 concludesthat Article 31(2) of the Refugee Convention grants asylum seekersa right to release whenever their detention is not necessary.Part 4 proposes a three-part pyramid approachto explain the elemental phases of the decision to detain anasylum seeker and examines necessity at each stage. Finally,Part 5 discusses Article 31(2)s implications regardingevidence and proportion. The premise throughout is that, hadit been applied, the Refugee Convention could have protectedthe interests of both D-J- and national security. 相似文献
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Enhancing current explanations of domestic violence exposure effects on child cognitive and behavioral functioning was the
purpose of this investigation. Participants were 31 domestic violence exposed and 31 non-exposed children ages 3 to 5 years
and their single-parent household mothers. Child-mother pairs were matched for child’s age, gender, and ethnicity, mother’s
age and education, and annual family income. Child cognitive and behavioral functioning was assessed via psychological assessment
and parent report. The presence of mental health difficulties in mothers was assessed using self-report and clinician-administered
instruments. Exposed children showed lower verbal functioning and higher internalizing behaviors than did their non-exposed
peers. Exposed mothers displayed greater psychological difficulties than did their counterparts. 相似文献
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Carla Smith Stover Patricia Van Horn Alicia F. Lieberman 《Journal of family violence》2006,21(6):417-424
The play of young children has long been used clinically to understand children’s experiences and inner feelings. More recently,
children’s play has been examined quantitatively to understand differences due to varying backgrounds, family relationships,
etc. Forty preschool children (21 girls and 19 boys) aged 27 to 71 months from families with histories of domestic violence
were observed using a play interview, The MacArthur Story Stem Battery, to determine if severity of violence, frequency of
visitation with their previously violent fathers, and mother-child relationship functioning impacted how parents were represented
in play. Overall, girls represented their parents more positively regardless of other family circumstances. Boys, especially
those who did not visit regularly with their fathers, had negative representations of their mothers. Severity of violence
did not predict negative parental representations in the sample. 相似文献
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