In 2001, the Inter-American Court of Human Rights (IACtHR) was the first court at the international level that found national legislation, namely, self-amnesty laws on serious violations of human rights, to be null and void. This seminal development was lauded by human rights practitioners and scholars alike. However, subsequent national reactions to the decisions of...
Tag: <span>MONDAY 25 June 2018 16:45-18:15</span>
The Gender of Islamophobia: Intersectional Discrimination and the ‘Islamic Headscarves’ Jurisprudence
Rising Islamophobia in public discourses on national identity, immigration and terrorism has made religious discrimination a pressing issue, often crystallising around the headscarf question. Women wearing Islamic veils regularly confront sexist and racist stereotypes, entangled with culturo-religious animosity. This form of intersectional discrimination has however not been challenged by courts. The US landmark case Abercrombie...
The frontier of the international refugee regime: Refugee protection, legal orientalism, and what better alternative in the Middle East and Asia?
The Refugee Convention has been described as the definitive articulation of refugee law and the foundation of the international refugee regime; in its absence it seems law has a lesser role in the protection of refugees. Yet the Refugee Convention does not apply in jurisdictions where a majority of refugees live including most states in...
The Dynamic Constitutional Order Focusing on the Issues of Sharing Economy
I explore the dynamic constitutional order in risk society focusing on the issues of sharing economy. Sharing economy provides not only the chance to use asset and take free time but also convenience and low cost service to customers. On the other hand, there are some problems. For example, there are problem between landlord in...
The ECtHR‘s LGBT* rights case law: policing, shifting, and subverting (?) ‘borders‘
At a time when the trajectory of LGBT* rights recognition in international human rights law is widely celebrated, this paper examines the policing, shifting, and potential subversion of different boundaries in supranational LGBT* rights jurisprudence. Focusing especially on gender designation, LGBT* asylum claims, and the bounds of popular acceptability as they arise in the LGBT*...
The Enfranchisement of Foreign Residents: Nationality versus Affectedness
One important aspect of globalization is characterized by the movement of people across national and international borders, which could undermine the legitimacy of social systems and institutions that have existed within, and relied upon, the nation state. The enfranchisement of foreign immigrants is undoubtedly one of the challenges faced by countries because of the pressure...
The core case for weak form judicial review
This paper contributes to debates over the democratic desirability of judicial review, by stating a quasi-general case for the desirability of judicial review that is “weak“–or broad but non-final–rather than “strong“-form in nature. Judicial review of this kind, the paper argues, can help counter blockages in the legislative process–such as legislative “blind spots“ and “burdens...
The Constitution of Airbnb
On 1 November 2016, Airbnb introduced a “strengthened and more detailed“ nondiscrimination policy, of which terms “are stronger than what is required by law.“ “The Airbnb community,“ the binding policy declares, “is committed to building a world where people from every background feel welcome and respected, no matter how far they have traveled from home.“...
The constitutional conceptualization of non-status and off-reserve indigenous populations in Canada
The Canadian constitutional text speaks to Canada‘s Indigenous populations in different places including in the federal power provisions of the Constitution Act, 1867, in the Canadian Charter of Rights and Freedoms and the Aboriginal Rights section of the Constitution Act, 1982. Each of these is under-inclusive. This paper draws on collaborative research and policy development...