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Summer 2008: Table of Contents
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Human Rights LawBack to top
The Bail Jurisprudence of Ghana, Namibia, South Africa and Zambia
Samuel Kwesi Amoo
Abstract
Human rights jurisprudence is interdisciplinary and its advocacy is a universal phenomenon. Human rights encompass civil and political rights as well as economic, social and cultural rights. One right recognized in human rights jurisprudence as pivotal in the promotion of a criminal justice system that satisfies international human rights standards is fair trial, which includes the right to bail. The institution of bail traces its origins to international conventions that protect and guarantee the fundamental rights of the individual to liberty, the presumption of innocence and the due process of the law. These basic international norms and conventions have been internalized in the municipal laws of states. The general pattern of internalization is the incorporation of the basic rights in the Bills of Rights of the constitutions of the various states while the determination of detailed provisions relating to procedure and substantive rules are left with the Legislature and the Judiciary. The permissive degree of limitation on the liberty of the individual to be determined by the Legislature and the Judiciary involves balancing of choices and how these choices impact on the society. It involves the balancing of the rights of the accused and the victims of crime due cognizance being taken of the perception of the society of the bail jurisprudence and the effectiveness of the criminal justice system in addressing issues of criminality and crime prevention. This is a cultural phenomenon; the perception is a product of the values and culture of a particular society with respect to the presumption of innocence and the right to bail and hence the divergence in the bail jurisprudence of the three jurisdictions addressed in this paper.
In criminal justice jurisprudence, the right to bail forms part of the due process of the law and requires the application of principles of rationality by the Courts in order to temper the rigours of positivism. It is therefore submitted in this paper that the proper repository of the jurisdiction over bail is the Judiciary that has the inherent jurisdiction to bridge the gulf between positivism and rationality.
The Intersection of School Desegregation and Economic Globalization in America
Frank Brown
Introduction
Public education in America continues to be view as being worthy of major investments to improve the county’s economic position in the world. But quality education for many Americans is still not within their reach. Fifty years after the 1954 U.S. Supreme Court decision in Brown v. Board of Education eliminating legal segregation of public education by race the country is still a long ways from realizing quality education for all of its citizens. Retired Federal Court of Appeals Judge Robert L. Carter, who argued the Brown case in admits that Brown did not achieve its goals. He feels that this generation must ensure that the Brown principles become a reality all children have an equal opportunity to a quality education in their respective communities; and the country increasingly dependent on the global economy cannot afford to under educate entire segments of the population along racial or social class to remain competitive. Exposing young people to people of different races is the only way to combat the self-perpetuating process of segregation that institutionalizes inequality (Carter, 2007: 248). This assessment was also supported by Judge Carter’s co-counsel in Brown.
This paper explores what happened in public education after Brown: changes in the demographics of the population, and economic changes world wide that should motivate the county to invest more to education minority children. Educational inequality is the major source of the pool from which America produces its labor force is changing; and demographic changes in the population along racial lines is increasing at a faster rate than in the past. This paper also focuses on the ability to produce well educated students to be more competitive economically given a more racial and ethnically diverse population.
Building an International Conscience: Great Britain and the Atlantic Slave Trade
Marvin L. Ellis
Abstract
In March of 1807, after twenty years of intense effort, William Wilberforce and his fellow abolitionists finally pushed through Parliament a bill to end the British participation in the African slave trade. To enforce the provisions of the act the Admiralty created the West African Naval Squadron and established a Vice-Admiralty Court in Freetown, Sierra Leone. Although this system worked well enough in dealing with British violators of the 1807 act, it was soon apparent that new strategies and procedures would have to be developed to apply the prohibition on slaving to the ships of other nations.
For the next sixty years the task of convincing France, Spain, Portugal, Brazil, and the United States to follow Britain’s lead and to end their slave trading occupied the Foreign Office and brought to bear the considerable talents of Foreign Secretaries Castlereagh, Canning, and Palmerston. As the policies and procedures evolved in a series of treaties Britain found itself committing more and more naval might, increasing diplomatic effort, and a substantial outlay of money to the crusade. In the final analysis, Britain’s naval campaign succeeded in saving only a small percentage of the slaves exported from Africa, but its persistent diplomatic pressure finally brought the Atlantic slave trade to an end by 1870. By entering into a long term national commitment to end the slave trade Britain established itself as the moral leader of the nineteenth century world and set an example that is being followed in the twenty-first century by the leaders in the Proliferation Security Initiative.
Child Poverty and Education Attainment Disparity in the State Of Alabama, (1990-2006)
Chukudi V. Izeogu
Abstract
This paper assesses child poverty and education attainment disparity in the state of Alabama, USA between 1990 and 2006. The specific objectives are to: (i) analyze child poverty and education attainment (measured by high school completion) rates and trends in Alabama during the past fifteen years, (ii) examine how child poverty and education attainment rates vary by regions or urban, rural and Black Belt spatial locations, and (iii) assess the impacts of selected independent socio-economic variables on child poverty and education levels in the state. The data used in the study have been derived primarily from various secondary sources including US Commerce Department Bureau of the Census, Bureau of Labor Statistics, County and City Data Book, and Alabama Poverty Project. The study finds that in Alabama, no county is immune from poverty in general and child poverty in particular. Children under 18 years old in 1990 experienced the highest poverty rates (24%) compared to other age groups. In 2000, child poverty rate was 26.2%, but declined to 25.2% in 2006—higher than national average of 19.2% and 22.2% for 2000 and 2006 respectively. Child poverty rates vary by county with the lowest rate in Shelby County (7.4%) in 2000 in contrast with Sumter County (in the Black Belt) with 2000 rate of 47.7%. Child poverty and some dimensions of education attainment are closely linked as expected. Shelby County with a low 7.2% child poverty rate had only 8.3% of persons 16-19 not high school graduates or enrolled in high school in 2000 in contrast with the rate of 11.4% for Sumter County. In general, teen high school drop out rate declined across the state from 15.0% in 2002 to about 9.0% in 2006. Also, 8th grade students’ proficiency level score in reading and math showed improvements as children poverty rate declined by a mere 1.% from 24% in 2002 to 23% in 2006.
Human Rights—The Road Ahead
C.N. Krishna Naik, G.V. Prabhakar and G. Swapna Bhargavi
Abstract
The authors present the relationship between trade liberalization and impact on human rights. Though there have been many initiatives to alleviate the negative impacts of trade liberalization, all of these do not necessarily improve the relationship between trade and human rights. The crux of the issue is when trade is used to enforce social standards in a specific country. As a substitute to this approach can be the human rights approach as enunciated by the UN human rights body. The WTO alone may not be able to improve human rights situation but should be supported by a number of other organizations. The issue of human rights must be considered pivotal by the WTO if it were to continue as a reliable organization in improving trade. Member States have to then shoulder the responsibility of human rights and do so because human rights and economic growth are complementary. The authors begin with assessing the impact of the trading system on human dignity and human rights. It is opined that trade should not push the poor into deeper poverty and that trade must ensure that the least well-off must get a fair share of gains of trade. The authors also analyze the negative distributional impact of unbridled trade and at the same time bring forth the positive effects that freer trade ushers in for the economically worst off. The authors also present the need for more room within trading mechanisms for countries to derogate from free-trade obligations. There is also the necessity and possibility to counteract trade protections that are harmful to human rights and human welfare. The role of the WTO as a robust mechanism to protect human rights cannot be undermined. It is suggested here that the processes and procedures of the trading system need basic rights protection. It is also a major concern that the trading system should to take into account of distributional concerns that cannot be secured in bargaining among nations. A rationale to move ahead and improve things for better human rights protection is discussed.
Managing Human Rights and Human Resources: The Dual Responsibility of Global Corporations
Jennifer Palthe
Abstract:
At the nexus of global expansion and trade liberalization are humans; their needs, development, and aspirations. Whether local inhabitants of developing nations impacted by global trade, or human resources employed by global corporations to conduct business abroad, the central element remains people. In an age of unprecedented change, the development, deployment, and enhancement of this vital resource cannot be underestimated. It is well recognized that global business success is dependent on the ability of organizations to acquire and develop the best employees from around the world.
People are pivotal to both global corporations’ survival and the wealth of nations. Nothing can be mobilized and no progress can be achieved in the absence of this essential resource. The purpose of this paper will be to review current worldwide trends and practices of leading corporations (profit and non-profit) in their management of human resources and social responsibility. An examination of the responsibilities of these global corporations will be made, and recommendations for reconciling these dual responsibilities and reshaping global HR practices will be presented.
The International Law Commission and State Responsibility: Application of a Comparative Paradigm on Oil and Watercourses
Connie S. Singh
Abstract
This article covers transboundary issues relating to the aggregate of legal norms derived from international law to determine the extent to which States within the international community may be held responsible under international law for acts that breach international obligations concerning oil production: risk of harm, or harm to the environment within State jurisdiction. Examples which show the emergence of transnational normative development in relation to state responsibilityare provided.
This is achieved by creating a paradigm by applying the United Nations International Law Commission Report on State Responsibility. The Report includes provisions for: state responsibility for internationally wrongful acts; new legal relationships; new rights; corresponding obligations and duty; and duty incurring state responsibility. International situations have resulted in new legal consequences found in the Unocal Case and in the Chevron Case. Also, the Spratly Islandsdispute brings to light all aspects of liability for injurious consequences arising from obligations, pinning regional States to become antagonistic units.
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