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71. State-Sponsored Homophobia (2017)

Author:
Aengus Carroll and Lucas Ramón Mendos
Publication Date:
05-2017
Content Type:
Special Report
Institution:
ILGA World (International Lesbian, Gay, Bisexual, Trans and Intersex Association)
Abstract:
Every year, ILGA World publishes its State-Sponsored Homophobia report, a world survey of sexual orientation laws. Since its first edition, back in 2006, ILGA World’s State-Sponsored Homophobia has been a fundamental resource for those interested in accessing the core information on legislation affecting people on the basis of their sexual orientation. Not only human rights defenders, but also civil society organisations, governmental and United Nations agencies, allies and media worldwide value the publication as one of the main sources of information on the issue. The publication is accompanied by a series of maps and charts illustrating where criminalisation, protection and recognition laws exist.
Topic:
Human Rights, Law, LGBT+, and Homophobia
Political Geography:
Global Focus

72. The First and Last Word in Debates: Plaintive Plaintiffs

Author:
Elena D'Agostino and Daniel J. Seidmann
Publication Date:
05-2017
Content Type:
Working Paper
Institution:
Nottingham Interdisciplinary Centre for Economic and Political Research (NICEP)
Abstract:
Is it better to have the first or the last word in debates? The answer, in two-round debates like common law trials, depends on whether litigants share the available evidence. If so, then litigants never prefer to present first, but may prefer to present second. However, litigants may otherwise prefer to present first because doing so replicates the follower's ex ante optimal commitment.
Topic:
Law, Courts, Debates, and Litigation
Political Geography:
Global Focus

73. Follow-the-Leader? Measuring the Internalisation of Law

Author:
Shaun Larcom, Luca Panzone, and Tim Swanson
Publication Date:
01-2017
Content Type:
Working Paper
Institution:
Centre for International Environmental Studies, The Graduate Institute (IHEID)
Abstract:
Expressive law is said to induce compliance with stated principles without a price on noncompliance. We empirically assess this proposition, by attempting to dis-entangle the impacts of a legal change (a 5p charge on use of plastic bags), on individual choices. We do so by measuring both behaviours and attitudes across the first two months of the legal change, and by comparing the impacts across neighboring jurisdictions both with and without the change. Using mediation analysis, we find that the self-reported change in internal motivation explains only about 10% of the change in behaviour. Interestingly, we find that the scale of the sanction (charge) is both irrelevant (because jurisdictions without sanctions still exhibit changed behaviour) and important (because the size of the sanction signals the reasonableness of the law).
Topic:
Law, Behavior, and Internalization of Law
Political Geography:
Global Focus

74. The Perfect Storm: The closing space for LGBT civil society in Kyrgyzstan, Indonesia, Kenya, and Hungary

Author:
Meg Davis
Publication Date:
04-2016
Content Type:
Special Report
Institution:
Global Philanthropy Project (GPP)
Abstract:
While the late 20th century saw a blossoming of civil society organizations, the beginning of the 21st century has been a period of upheaval. In response to both the threat of terrorism and to growing populist pressure for democracy, transparency, and government accountability, states have used new laws and tactics to restrict freedom of association and freedom of expression. Lesbian, gay, bisexual, and transgender (LGBT) organizations have always faced such barriers, ranging from criminalization of same-sex sexuality, to refusal of the right to register organizations or hold public events, to the shutdown of websites.1 In recent years, some countries have also ratified new laws that explicitly prohibit groups engaged in “LGBT propaganda.” In other countries, politicians have mobilized resurgent nationalism by publicly scapegoating LGBT groups as representing “foreign values.” These overlapping trends have created a “perfect storm” for LGBT civil society organizations caught in simultaneous waves of political pressure.
Topic:
Civil Society, Government, Law, Freedom of Expression, Discrimination, LGBT+, Marginalization, and Philanthropy
Political Geography:
Kenya, Indonesia, Kyrgyzstan, Hungary, and Global Focus

75. Handbook on Civil Society Documentation of Serious Human Rights Violations

Author:
Federica D'Alessandra, Sander Couch, Ilina Georgieva, Marieke de Hoon, Brianne McGonigle Leyh, and Jolien Quispel
Publication Date:
01-2016
Content Type:
Commentary and Analysis
Institution:
Public International Law Policy Group
Abstract:
Increasingly, civil society actors engage in documentation and investigation processes, seeking to collect evidence against those responsible for serious human rights violations. The purpose of this Handbook is to provide guidelines and best practices for the collection and management of information on serious human rights situations for those that are not professionally trained in such documentation practices. While the Handbook strongly emphasizes the need to refrain from investigating human rights abuses and to refer to professionals, practice shows that this is not always possible. Only under such circumstances and as a last resort may civil society actors consider engaging in certain documentation practices and not in others, always seeking to include professionals when and where possible. They may however only do so by adhering to the ethical principles and documentation guidelines that are provided in this Handbook. These enable unofficial investigators to do no harm, identify security risks, preserve crime scenes, prevent the loss of evidence, and manage the information in manner that preserves confidentiality, security and probative value, with an eye to possible use in later redress processes and without jeopardizing the future work of professionally trained and officially appointed investigators.
Topic:
Security, Civil Society, Human Rights, and Law
Political Geography:
Global Focus

76. Illegal Markets: Boundaries and Interfaces between Legality and Illegality.

Author:
Renate Mayntz
Publication Date:
03-2016
Content Type:
Working Paper
Institution:
Max Planck Institute for the Study of Societies
Abstract:
In sociology generally, the infringement of legal norms is not treated as a special kind of norm violation, the sociology of law being an obvious exception. The study of illegal markets therefore faces the challenge of distinguishing illegality from legality, and relating both to legitimacy. There is no conceptual ambiguity about the distinction between legal and illegal if legality is formally defined. In practice, (formal) legality and (social) legitimacy can diverge: there is both legitimate illegal action and illegitimate legal action. Illegal markets are a special kind of illegal social system, constituted by market transactions. Illegal markets are empirically related to organized crime, mafia and even terrorist organizations, and they interact both with legal markets and the forces of state order. Where legal and illegal action systems are not separated by clear social boundaries, they are connected by what has come to be called “interfaces”: actors moving between a legal and an illegal world, actions that are illegal but perceived as legitimate or the other way around, and a gray zone of actions that are neither clearly legal nor illegal, and neither clearly legitimate nor illegitimate. Interfaces facilitate interaction between legal and illegal action systems, but they are also sources of tension and can lead to institutional change.
Topic:
Crime, Markets, Sociology, and Law
Political Geography:
Global Focus

77. Trans Legal Mapping Report: Recognition before the law (2016)

Author:
Zhan Chiam, Sandra Duffy, and Matilda González Gil
Publication Date:
11-2016
Content Type:
Special Report
Institution:
ILGA World (International Lesbian, Gay, Bisexual, Trans and Intersex Association)
Abstract:
The Trans Legal Mapping Report is a research project by ILGA World, detailing the impact of laws and policies on trans persons across the globe. Its latest edition, released in September 2020, covers the legal situation in 143 UN member States: it highlights provisions which set out how trans and gender-diverse people can change their sex/gender marker and names on official identity documents (legal gender recognition), but also collects information on laws criminalising trans identities, both explicitly and de facto – looking at the situation for our communities in every region of the world. All too often, processes for gender marker and name change include requirements that are blatant human rights violations: this report outlines them clearly, but also shows progressive examples from across the world. Compiling information both through desk-based research and the lived realities of trans activists across the world, the ILGA World Trans Legal Mapping Report is a fundamental tool that advocates can use to engage with their national governments and bring about change.
Topic:
Government, Human Rights, Law, LGBT+, and Transgender
Political Geography:
Global Focus

78. State-Sponsored Homophobia (2016)

Author:
Aengus Carroll
Publication Date:
10-2016
Content Type:
Special Report
Institution:
ILGA World (International Lesbian, Gay, Bisexual, Trans and Intersex Association)
Abstract:
Every year, ILGA World publishes its State-Sponsored Homophobia report, a world survey of sexual orientation laws. Since its first edition, back in 2006, ILGA World’s State-Sponsored Homophobia has been a fundamental resource for those interested in accessing the core information on legislation affecting people on the basis of their sexual orientation. Not only human rights defenders, but also civil society organisations, governmental and United Nations agencies, allies and media worldwide value the publication as one of the main sources of information on the issue. The publication is accompanied by a series of maps and charts illustrating where criminalisation, protection and recognition laws exist.
Topic:
Human Rights, Law, LGBT+, and Homophobia
Political Geography:
Global Focus

79. State Practice on Sovereign Immunity in Employment Disputes Involving Embassy and Consular Staff

Author:
Julia Brower
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This report identifies and analyzes foreign case law and statutes on sovereign immunity in employment disputes brought by dismissed embassy and consular staff from twenty-seven countries and two international courts. State practice remains quite diverse, and it is not possible to identify one clear, specific majority test for whether foreign States are immune in such disputes. However, several recent trends exist, with state practice in Europe in particular starting to coalesce around a common approach. The findings of this report must be considered with the limitations of the research in mind. The vast majority of case law surveyed in this report is from Europe and English-speaking countries. Only a handful of translated decisions or statutes from Latin America, Africa, and Asia could be found, and significantly, this report does not include any decisions from China or Brazil.
Topic:
Law, Protected People, Diplomatic Immunity, and Sovereign Immunity
Political Geography:
Global Focus

80. Below the Threshold: The Law Governing the Use of Force Against Non-State Actors in the Absence of a Non-International Armed Conflict

Author:
Daniel Hessel, Julia Shu, and Sarah Weiner
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
Boko Haram attacks civilians in Nigeria. The Islamic State launches attacks in Paris. Terrorists take hostages at a hotel in Mali. Mexican drug gangs threaten government officials and civilians. Houthi rebels seek to take control of the government in Yemen—and succeed. States increasingly face security threats from non-state actors, which have led states and observers to ask what states can do in response. What legal framework should apply? What constraints do states face? When can states resort to the use of military force to address threats posed to them by non-state actors, either on their own territory or on the territory of another state? The answer to these questions turns on whether the conflict in question rises to the level of a non-international armed conflict (NIAC). Based on the drafting history of international humanitarian law (IHL) governing NIACs, international jurisprudence, recent state practice, and academic commentary, this paper concludes that a NIAC does not exist unless the conflict passes an intensity threshold. In other words, the intensity of the conflict distinguishes generalized violence involving a non-state actor from a NIAC. Once the existence of a NIAC is established, states participating in it will be governed by relevant IHL. But if states are only governed by the IHL applicable to NIACs once an intensity threshold has been crossed, what law applies below that threshold? The answer varies with the circumstances, depending on whether the state is responding to a threat within its own territory or from outside; and if the threat is from outside the state, whether the host state consents to the use of force against the non-state actor. Thus, to answer the question of what law applies before a NIAC is established, this white paper analyzes three different scenarios in which a state contemplates forceful engagement with a non-state actor. Each scenario presumes that t he non- state actor is organized and has engaged in some violence, but that the intensity of the clash has not crossed the intensity threshold and thus has not risen yet to the level of a NIAC. 1. In Scenario One, a state seeks to engage a non-state actor that operates exclusively within the state’s territorial borders. 2. In Scenario Two, an intervening state seeks to engage a non-state actor located in another state, with the consent of the host state. 3. In Scenario Three, an intervening state seeks to engage a non-state actor located in another state, without the consent of the host state. The analysis of each scenario first identifies the authority that governs whether and when the state may initiate forceful engagement with the non-state actor (the “may the state use force” evaluation), then discusses which legal regime governs the scope and nature of the resulting use of force (the “how may the state use force” evaluation). Different legal regimes govern the acting state’s options in each of the scenarios. Although the authority for action differs, the inquiries for Scenarios One and Two are quite similar. In Scenario One, the acting state may engage the non-state actor with force by virtue of its territorial sovereignty. It must act, however, through a domestic law enforcement framework and in compliance with human rights law. In Scenario Two, the acting state derives the authority to use force against the non-state actor from the host state’s consent. However, it may only rely on that consent insofar as it comports with the host state’s human rights obligations under international law. In raising the possibility of one state violating another state’s territorial integrity, Scenario Three raises a different set of questions. The intervening state’s threat or use of force within another state’s territory is only lawful when authorized by the U.N. Security Council or justified under the Charter’s Article 51 self-defense provision. The intervening state’s use of force is accordingly regulated by the traditional IHL of international armed conflict. Where scenarios overlap (when, for example, the intervening state has both consent and Article 51 authority to act), the acting state may rely on more than one source of authority. It must, however, continue to ensure that it has authority to use force and that its use of force comports with the legal framework appropriate for the nature and intensity of the conflict. It is worth noting at the outset that these scenarios highlight developing areas of international law. Some raise questions that have clear answers in existing legal authority, while others contend with more inchoate legal regimes. Where state practice has not yet solidified into definitive international norms, legal ambiguity remains. In such instances, this white paper notes the existence of ambiguity and examines the history, purposes, and principles of relevant legal regimes to proffer answers.
Topic:
Military Strategy, Non State Actors, Law, and Conflict
Political Geography:
Global Focus