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| 1 |
ID:
115328
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2012.
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| Summary/Abstract |
This article circulates between three levels of inquiry and their interweaving - the personal, the local and the national. It draws on several historical dimensions - military, legal, political, sociological, architectural and cultural. In different ways, all these interlinked fields of human action are reflected in the private history of one particular house, built in the 1930s by Khalil Sakakini in Qatamon, Jerusalem. By examining both discursive and material aspects of the house and neighbourhood, the various mechanisms through which Arab property was brought, in the aftermath of the 1948 war, under Israeli control are revealed, some state-orchestrated and preconceived, others more spontaneous and based on individual and collective tendencies and preferences.
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| 2 |
ID:
154549
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This paper provides a new and original perspective on the plight of migrants in India. It incorporates an in-depth and practical analysis of Indian legal policies through the lens of migrant and refugee rights. In examining the extra-legal provisions operating in two of India's borderland states—Assam and Jammu & Kashmir—I show how special legal exemptions in Indian law inherently undermine efforts to protect migrant rights. I argue that these extraordinary laws hinder pathways to justice in three distinct ways: by circumventing international principles of non-refoulement; challenging the jurisdiction of India's Supreme Court; and delegitimising migrant-friendly laws. In highlighting an often overlooked aspect of migrants’ rights issues, this paper brings the human element of India's regional border disputes and related legal mechanisms to the fore.
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| 3 |
ID:
157164
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The Outer Space Treaty makes it clear that the Moon is the ‘province of all mankind’, with the latter ordinarily understood to exclude state or private appropriation of any portion of its surface. However, there are indeterminacies in the Treaty and in space law generally over the issue of appropriation. These indeterminacies might permit a close approximation to a property claim or some manner of ‘quasi-property’. The recently revealed highly inhomogeneous distribution of lunar resources changes the context of these issues. We illustrate this altered situation by considering the Peaks of Eternal Light. They occupy about one square kilometer of the lunar surface. We consider a thought experiment in which a Solar telescope is placed on one of the Peaks of Eternal Light at the lunar South pole for scientific research. Its operation would require non-disturbance, and hence that the Peak remain unvisited by others, effectively establishing a claim of protective exclusion and de facto appropriation. Such a telescope would be relatively easy to emplace with today’s technology and so poses a near-term property issue on the Moon. While effective appropriation of a Peak might proceed without raising some of the familiar problems associated with commercial development (especially lunar mining), the possibility of such appropriation nonetheless raises some significant issues concerning justice and the safeguarding of scientific practice on the lunar surface. We consider this issue from scientific, technical, ethical and policy viewpoints.
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| 4 |
ID:
169666
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While many people regard piracy as something daring and magical, as depicted in Hollywood movies, the reality is that piracy is a real and evergrowing threat to seafarers in many maritime arenas. One of the most important but least understood impacts of piracy is its financial cost and it is a critical maritime security threat in the world. While in ancient times, the main drivers of piracy were raiding for plunder and capture of slaves, in the modern era, economic, military, political and even technological developments have drastically altered its character. There are diverse motives behind modern day piracy ranging from economic gains through ransoms to political advantages and even terrorism. States have taken steps at the international as well as regional level to combat piracy including through legal frameworks. This paper examines the adequacy of the measures and discusses the current challenges to the implementation of anti-piracy norms.
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| 5 |
ID:
183359
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The idea of creating a sustainable human settlement on Mars is gaining momentum. In this context, the creation of norms and rules is important. The first wave of Mars settlers will be in unique position given the fact that they will create settlement in a completely new environment. The aim of this study is to examine legal and ethical challenges in regard to human settlement on Mars. In connection to legal issues, the focus is on adjustment of law carried from Earth. When discussing ethical aspects, special attention is given to human enhancement applied for space missions.
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| 6 |
ID:
088310
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2009.
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| Summary/Abstract |
Bhutanese women in the 1970s and 1980s played a significant role in the agricultural workforce, where they outnumbered men, who were joining the service sector and other urban industrial and commercail activities.
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