Search

Begin New Search Topic Law Political Geography Global Focus

81. License to Be Yourself: Marriage and Forced Divorce

Publication Date:
04-2015
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The vast majority of trans people around the world cannot obtain legal recognition of—or official documents that match—their gender identity. Where laws do recognize trans people, they often exclude those who are married. This forces trans people to choose between legal recognition of their gender identity or their marriage. Forced divoce violates trans people’s right to privacy, marriage, and recognition under the law. This brief explains legal restrictions that affect the recognition of married trans and intersex people. It examines case law and addresses key arguments made by those who oppose such recognition. It is the first of four resources for activists that accompany Open Society’s 2014 report on legal gender recognition across the world, License to Be Yourself.
Topic:
Law, Discrimination, LGBT+, Family, Sexuality, Marriage, and Transgender
Political Geography:
Global Focus

82. The Inscription of Technology in Life

Author:
Rajshree Chandra
Publication Date:
05-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
With innovation in the genetic engineering now being rewarded in the form of intellectual property rights, there are new things that are beginning to count as property and as objects of human invention – plant varieties, seeds, germplasm, genetic sequences, DNA and so on. To bring the realm of “biology” within the ambit of intellectual property, to juridify aspects of the biological as products of human invention is to bring new epistemic objects into visibility. While these are revealed through practices of biotechnology, law translates it into a capacity for monopolistic appropriation for biotech innovators. The new correlatives of innovation and intellectual property re-engineer not just the biology of an organism, but the very categories that organized property and intellectual property. What instrumentalities of technology and law co-produce biotic property? I examine these instrumentalities in a two paper series: while the first paper seeks to lay out the work of technology in the creation of new biological artefacts, and consequently new economic spaces and property claims, the second paper would seek to examine the role of law in translating inventive claims as property claims.
Topic:
Science and Technology, Intellectual Property/Copyright, and Law
Political Geography:
South Asia, India, and Global Focus

83. An Excerpt from the Upcoming Book - Borderless Wars: Civil-Military Disorder and Legal Uncertainty

Author:
Antonia Chayes
Publication Date:
08-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Drones. Global data networks. The rise, and eventual primacy, of non-international armed conflict. All things the framers of the Geneva Conventions could have never fully conceived when doing their noble work in 1949; all things that rule warfare in the world today. So, how do we legally employ these new tools in these new circumstances? In her latest book, Antonia Chayes, former Under Secretary of the Air Force, explores the current legal underpinnings of counterinsurgency, counterterrorism, and cyber warfare, rooting out the ambiguities present within each realm, and telling the narrative of how these ambiguities have come to shape international security today. The grounded and creative solutions that she offers in terms of role definition and transparency will provide crucial guidance as the United States continues to navigate the murky modern military-legal landscape. This excerpt is a chapter from Borderless Wars: Civil-Military Disorder and Legal Uncertainty forthcoming in 2016 from Cambridge University Press.
Topic:
International Law, Counterinsurgency, Law, Military Affairs, Counter-terrorism, Drones, Conflict, Borders, and Law of Armed Conflict
Political Geography:
Afghanistan, Iraq, Global Focus, and United States of America

84. Saving the Scarecrow

Author:
André Nollkaemper
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This brief Comment responds to Jan Klabbers’ recent article, ‘The Transformation of International Organizations Law’. It focuses on three points: the polemical style and disengagement with substance in the article; the question of whether we can do without some form of functionalism; and the further question of what it means to speak of ‘responsibility beyond functionalism’.
Topic:
International Law, International Organization, Law, and Critique
Political Geography:
Europe and Global Focus

85. State-Sponsored Homophobia (2015)

Author:
Aengus Carroll and Lucas Paoli Itaborahy
Publication Date:
05-2015
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

86. Primer: Support Technologies for Human Rights Lawyers

Publication Date:
02-2014
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
This study looks at the place that technologies may have in helping human rights lawyers work most effectively. It looks at three classes of technologies: 1. Case and practice management tools, for managing the day­to­day flow of information around a case, such as the exchange of documents, task management and dates. 2. E­Discovery tools for digitizing, organizing and reviewing collections of documents, data or other material that could be evidence in a case. 3. Investigation and case building tools for organizing and analyzing the facts of a case or group of cases, providing visual overviews on maps, network charts and timelines. The goal is to provide an understanding of the problems that the available tools target, a framework for thinking about how these technologies may fit into to your work, and a good understanding of the costs involved.
Topic:
Human Rights, Science and Technology, Law, Digital Policy, and Legal Sector
Political Geography:
Global Focus

87. State-Sponsored Homophobia (2014)

Author:
Lucas Paoli Itaborahy and Jingsu Zhu
Publication Date:
05-2014
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

88. State-Sponsored Homophobia (2013)

Author:
Lucas Paoli Itaborahy and Jingsu Zhu
Publication Date:
05-2013
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

89. Conflict trade: regulating illicit flows to and from war

Author:
Mark B. Taylor
Publication Date:
10-2013
Content Type:
Commentary and Analysis
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
This expert analysis note describes an emerging approach to regulating illicit flows of goods to and from conflict zones. The approach, based on norms of national and international law defining business due diligence, is well suited for dilemmas posed by war economies. Due diligence offers the possibility of excluding goods from global flows if they are produced through human rights abuse or used for conflict financing, while at the same time it can limit harm to livelihoods and avoid the wholesale criminalisation of informal economies. To that end, further inter-governmental policy coordination is needed to define conflict financing under international law and to elaborate an effective regulatory strategy.
Topic:
International Law, Law, Regulation, Trade, Armed Conflict, Supply Chains, and Illicit Financial Flows
Political Geography:
Global Focus

90. State-Sponsored Homophobia (2012)

Author:
Lucas Paoli Itaborahy
Publication Date:
05-2012
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