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Abstract

This volume in the Brill Research Perspectives in Comparative Discrimination Law addresses sex as a protected ground in international and domestic law. It compares sex discrimination protection through three thematic lenses. Firstly, it charts and compares the evolution and development of sex discrimination protection in international human rights law in three treaty-bodies – the CEDAW Committee, the HRC and the CESCR. Secondly, it then takes up the evolution and development of sex discrimination protection in three domestic law frameworks – the United States, Australia and India. Finally, the development of sex discrimination protection in international law is compared with the development of sex discrimination protection in the domestic legal contexts of the three country examples, with the implications of that comparison analysed. This volume seeks to show that despite differences in the way that international approaches to sex discrimination are translated into domestic law and differences in social, political and cultural contexts women face similar limitations in accessing justice through sex discrimination frameworks.

In: Brill Research Perspectives in Comparative Discrimination Law

Abstract

This volume in the Brill Research Perspectives in Comparative Discrimination Law addresses sex as a protected ground in international and domestic law. It compares sex discrimination protection through three thematic lenses. Firstly, it charts and compares the evolution and development of sex discrimination protection in international human rights law in three treaty-bodies – the CEDAW Committee, the HRC and the CESCR. Secondly, it then takes up the evolution and development of sex discrimination protection in three domestic law frameworks – the United States, Australia and India. Finally, the development of sex discrimination protection in international law is compared with the development of sex discrimination protection in the domestic legal contexts of the three country examples, with the implications of that comparison analysed. This volume seeks to show that despite differences in the way that international approaches to sex discrimination are translated into domestic law and differences in social, political and cultural contexts women face similar limitations in accessing justice through sex discrimination frameworks.

In: Sex as a Protected Ground in International and Domestic Law
In: Religious Speech, Hatred and LGBT Rights
In: Religious Speech, Hatred and LGBT Rights
In: Religious Speech, Hatred and LGBT Rights
In: Religious Speech, Hatred and LGBT Rights
In: Religious Speech, Hatred and LGBT Rights
In: Religious Speech, Hatred and LGBT Rights
Author: Hua Zhang

Abstract

The development of international law of the sea by international courts and tribunals is generally acknowledged among international lawyers. In retrospect, the creative jurisprudence of international judicial bodies was incorporated into the mainstream of international law-making process in many cases, while the experience of failure cannot be ignored. In the past decade, the strengthening of marine environmental protection has become a tendency in international adjudication. Accordingly, the content and scope of due diligence obligation has been discovered, consolidated and extended. In light of the evolution of due diligence obligation, the methodology of law-making by international judicial bodies includes: inter alia, interpretation, cross-reference of precedents, analogy, and assertion. However, from the perspective of legitimacy, law-making should not become the normal function of international judicial bodies. Bearing in mind international rule of law and good administration of justice, the lawmaking activities of international courts and tribunals should be curtailed in certain degree.

In: The Korean Journal of International and Comparative Law

Abstract

The Sustainable Development Goals (SDGs) clearly address the difference as well as recognize the correlations among seventeen sustainable development dimensions. The SDGs also play an important role for the international community to pay attention to our future living. Taking oceans for instance, they are the biggest ecosystems on our planet, and their health are essential to our survival. In terms of conserving and sustainably using the oceans, seas and marine resource under SDG 14, several targets were agreed upon by the UN member States to help guide decision-making with regard to oceans, such as conserving marine and coastal areas in agreement with international and national laws and using the latest scientific information. This article mainly focuses on the matters of conserving and managing international fishery resources. It also addresses the issues between international law and global governance with perspectives on the implementation of SDG 14. This article concludes that in order to effectively implement international fishery laws and to reach the targets that SDGs have postulated, eliminating the commercial benefits might be the necessary consideration in filling the gap between international fishery law and fishery governance.

In: The Korean Journal of International and Comparative Law