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191.
192.
The implementation of international human right treaties is particularly challenging, especially when they entail obligations that apply at the subnational level. In this article, we examine how international law intermediaries translate and use international treaties in subnational policymaking processes. We develop a dedicated analytical framework, and we derive a typology, characterizing different types of intermediaries and systematizing the ways political-administrative actors use international law at the subnational level. On this basis, our empirical analysis shows how the implementation of a crucial treaty—the Istanbul Convention (IC) on preventing and combating violence against women and domestic violence—is shaped by subnational actors and eventually used in policy processes in Swiss cantons. International law is seen not only as a constraint but also as an opportunity and a resource that can be mobilized for different purposes by a variety of intermediaries, including local public officials, MPs, and members of civil society organizations, in collaboration and sometimes in competition with each other. Specifically, our findings indicate that international law intermediaries use these treaties through bottom-up dynamics of engagement according to their agenda and interests and their anticipation of what they can do in their cantonal context, resulting in iterative chains of intermediation. Furthermore, we observe a blurring of the boundaries between rule-makers, intermediaries, and targets, that is, the same actors may perform different roles in a given policy process. 相似文献
193.
Miriam E. Soto Martinez Ph.D. Jennifer C. Love Ph.D. Deborrah C. Pinto Ph.D. Jason M. Wiersema Ph.D. Sharon M. Derrick Ph.D. Angela Bachim M.D. Christopher Greeley M.D. Marcella Donaruma‐Kwoh M.D. Van Thi Thanh Truong M.S. Si Gao M.S. Christian M. Crowder Ph.D. 《Journal of forensic sciences》2019,64(6):1622-1632
In 2012, the Harris County Institute of Forensic Sciences began prospectively collecting injury data from pediatric autopsies. These data and associated case information from 635 pediatric cases are archived in the Infant Injury Database (IID). This paper introduces the IID to the forensic community and demonstrates its potential utility for child abuse and infant fatality investigations. The database is intended to be a source of evidence‐based research for coroners/medical examiners and clinicians in the recognition and diagnosis of child abuse. RR estimates were employed to quantify the relationship between individual autopsy findings to trauma‐related and nontrauma‐related causes of death. For example, unsurprisingly, the RR of trauma cases with multiple injury types is significantly greater than other causes of death, but the RR results provide a quantitative representation of the relationship. ROC curve modeling of the presence/absence of various injury types performed well at discriminating trauma from other causes of death (AUC = 0.96). 相似文献
194.
Jasmine E. Harris 《Family Court Review》2019,57(1):14-20
In this introductory essay to the Special Issue, I argue that both family law and disability rights law scholars should examine a key point of intersection across areas: legal capacity or the law's recognition of the rights and responsibilities of an individual. For example, parental termination proceedings center on parental fitness and functional capabilities. I contextualize the articles in the Special Issue by Leslie Francis and Robyn Powell on the role of reasonable accommodations for parents with disabilities in parental termination proceedings. In addition, I call upon legal scholars, family law courts, and practitioners to reimagine governing legal standards in family law according to principles of universal design to shift the baseline capabilities associated with parenting and parental fitness. 相似文献
195.
196.
Noppanun Supasiripongchai 《The Journal of World Intellectual Property》2020,23(3-4):202-231
This article examines the possible changes to the provisions on the protection of new plant varieties under the Plant Variety Protection Act B.E. 2542 (A.D. 1999), or the Thai PVPA 1999, if Thailand chooses to ratify the 1991 International Convention for the Protection of New Varieties of Plants, or the UPOV Convention 1991. It confirms the need to develop the Thai PVPA 1999, given that several ASEAN countries have already ratified the UPOV Convention 1991, making it the new standard for new plant variety protection in the Southeast Asian region. It argues that although the current provisions of the Thai PVPA 1999 appear to meet the minimum standards of protection under the Agreement on Trade‐Related Aspects of Intellectual Property Rights (TRIPS Agreement), they still fall short compared with the UPOV Convention 1991 provisions. This article asserts that to make the provisions of the Thai PVPA 1999 consistent with those of the UPOV Convention 1991, several provisions of the former—such as the scope of breeder's rights, exceptions, and the duration of protection—must be further developed. 相似文献
197.
Judge Peter J. Messitte 《Family Court Review》2020,58(1):195-210
International child abduction, typically undertaken by one of the child's parents, has become an increasing problem in recent years, particularly in the United States. Parents have encountered serious difficulties in repatriating an abducted child. The 1980 Hague Convention on the Civil Aspects of International Child Abduction, signed by the U.S. and many other countries, establishes an international procedure for pursuing claims of child abduction. The Office of Children's Issues of the Bureau of Consular Affairs of the U.S. Department of State is the Central Authority that administers the Convention and its implementing legislation for the United States. In the author's view (and his alone), the Office of Children's Issues has not been sufficiently vigorous in seeking sanctions against countries that do not comply with the Convention. Even after Congress passed legislation in 2014 specifically directing the State Department to apply increasingly severe sanctions against noncompliant countries (the Sean and David Goldman Act), the State Department has still essentially failed to do so. Brazil is one signatory to the Hague Convention that the State Department itself has determined to be consistently noncompliant with the Convention since 2013. Yet the State Department has failed to impose significant sanctions on Brazil, among other countries. 相似文献
198.
Alan R. MacDonald 《议会、议员及代表》2018,38(3):293-306
ABSTRACTThis article explores early modern petitioning in the context of urban Scotland. It focuses on prosaic rather than political petitioning, on the basis that the former was more truly characteristic of what the purpose of petitioning was understood to be by most of those who engaged in it. The burghs of Scotland provide an added dimension to the history of petitioning because of the role of their national assembly (the Convention of Royal Burghs), which was simultaneously a recipient of petitions, a conduit for its members’ petitions to the crown, and a petitioner of the crown in its own right. This article also reveals how changing practices of petitioning shed light on the development of the early modern Scottish state, as the Convention of Royal Burghs found its members increasingly bypassing it and instead they resorted directly to central government institutions. 相似文献
199.
LIN Chun-hung 《美中法律评论》2009,6(6):13-24,54
After 1960s, the economic developmental explosion in Taiwan had brought serious environmental degradations including the air and water pollution, waste disposal, as well as wildlife problems. Since then, Taiwanese has begun environmental protection movements striving for ＂environmental rights＂. In addition, international environmental agreements have grown with great speed in the past decades. Although Taiwan never signed or joined any international environmental agreements or organizations, the development of international environmental laws still deeply affect Taiwan environmental regulations. Under this global trend, Taiwan has to cooperate with international community and to obey international environmental agreements. Thus Taiwan had passed numerous environmental laws including ＂Air Pollution Control Act,＂ ＂Water Pollution Control Act,＂ ＂Noise Control Act,＂ ＂Waste Management Act,＂ ＂Toxic Chemicals Management Act,＂ ＂Wildlife Protection Act,＂ and ＂Nuisance Dispute Resolution Act.＂ Thus the article will examine Taiwan＇s environmental administration, regulations as well as the implication under international agreements. 相似文献