The Court of Appeal found a Nikah-only marriage to be a “non-marriage” under English law, leaving it powerless to grant economic redress on its breakdown. Could a Scottish court provide a remedy?
First paragraph: The legality requirements underlying investors’ claims over treaty protections have increasingly been subject to scrutiny. Frequently, the arbitral tribunal is confronted with a host state’s assertion that the investor engaged in corruption or bribery during the lifetime of an investment contract. This includes an array of misconduct such as administrative omissions, violations of the host state’s laws, deceit, the misuse of the system of international investment protection, ...
The purpose of this article is to measure the effectiveness of an exemplary civil society self-regulation against its own objectives, and to map out reasons behind non-compliance. It focuses on a checklist of indicators (CDV) developed by Italian Civil Society Organizations (CSOs) in the aftermath of the “Mafia Capitale” scandal when threatened by strict government regulation and by critical public opinion. Methodologically, this test of effectiveness is performed employing the blueprint desi...
The Universal Periodic Review (UPR) mechanism is the most recent and distinct addition to the UN human rights system because of the level of state control over the mechanism, the inclusivity of the review process and its emphasis on cooperation and dialogue in monitoring human rights implementation of states. Since the start of the third cycle of the UPR in 2017, questions on the efficacy of the UPR mechanism have gained increasing attention among international human rights scholars and pract...
This article examines the effectiveness of South Africa’s engagement with the Human Rights Council’s Universal Periodic Review Mechanism (UPR). After two cycles of the UPR, questions on the ability of the UPR mechanism to improve the human rights situation on the ground is gaining increasing attention. This article underscores the value of cooperation and dialogue in monitoring human rights implementation. It analyses the extent of South Africa’s engagement with the UPR mechanism and consider...
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