The Tampa decision : refugee rights versus the executive's power to detain and expel unlawful non-citizens

In Ruddock and Others v Vadarlis and Others the Federal Court had to balance two fundamental but competing rights, the right of the state to secure its frontiers and the rights of individuals not to be subjected to unlawful detention - Court's task was hampered by intense public debate over the illegal refugee crisis - in the wake of 11 September 2001 and the Tampa crisis, the Federal Government has rushed through several amendments to migration laws and border protection legislation.

Carta aberta aos presidentes Obama e Putin pelo avião abatido

A negligência é punível e não pode deixar de ser punível. É urgente a investigação, é urgente a acusação e o julgamento escorreito desse conjunto de energúmenos que, por puro dolo, ou puro atrofiamento mental, foram capazes de tais acções ou omissões. Caso não haja qualquer outra hipótese em termos legais internacionais, deverá ser criado – se for necessário, adequado e proporcional - um Tribunal had hoc internacional que julgue com especificidade este caso concreto. Basta de impunidade perante situações injustas como esta, onde tudo acaba por terminar no esquecimento. Abstract: Negligence is punishable and can only be punishable. There is an urgent investigation, it is urgent to prosecution and the trial this group of lunatics who, by pure malice, or pure mental atrophy, were capable of such acts or omissions. If there is no other choice in international law, should be created - if necessary, appropriate and proportionate - a Court had international hoc judges with this specific case. No more impunity unjust situations like this, where everything turns out to finish the wayside.

UNIÃO DA COBARDIA EUROPEIA

A Europa não tem um só pensamento de acção externa e não intervém a montante nos territórios ocupados pelos exterminadores étnicos, culturais e religiosos do “estado-islâmico” e doutros similares. § Europe does not have a single thought of external action and does not intervene upstream in the territories occupied by ethnic exterminators, cultural and religious "state-Islamic" and of other like.

Derecho administrativo comunitario

The globalization and the need for countries to unite under regional organizations fostered the emergency of a Communitary law. This isa law made bysupranational institutions capable of submitting States toa single legal order. Thistransforms administrative law on international administrative law that overflows the national legal system. This phenomenon was felt on Colombia given the current development of the Andean Integration System

Surrogacy in Portugal

Surrogacy is the arrangement made by at least three people, in order for a surrogate or gestational mother to carry a pregnancy for the two intended parents, with the objective of the former party relinquishing all rights to the child, once the child is born. As it has only been in recent years that that same reproductive method has begun to be commonly accepted due to certain modern scientific developments that thus diminished ethical and moral negative stances, there is still an unsettling legal void (both at a national and international level) in regards to such subsidiary form of reproduction. As such, some countries have not only left their citizens with no choice but to travel abroad in order to enter a surrogacy arrangement (leading to private international law issues on establishing parenthood and nationality of the born child) or to resort to surrogacy within black market conditions. Unfortunately, one of those countries is Portugal as it has been considered, both by its political parties and experts in the area, and by its citizens as not dealing adequately with such theme and thus being poorly equipped to deal with surrogacy, at both a legal and social level. The present paper attempts to analyse Portugal’s current legal perspective by looking at the present efforts being made to contradict the current situation, and thus outline altruistic gestational surrogacy’s tangible future within such nation. In order to also become aware of possible improvements specifically regarding to the full protection of human rights and human dignity as a whole, the United Kingdom’s legal standpoint in relation to surrogacy was also studied. Via direct comparison of both social and legal perspectives, a new approach to altruistic surrogacy is thus proposed with view to suggest a harmonious solution for countries that have at least recognized that the present issue deserves to be duly noticed and that altruistic gestational surrogacy may exist in order to grant protection of human dignity and not to place it in check.

A escolha do direito aplicável ao mérito do litígio na arbitragem comercial internacional

Dissertação de mestrado em Direito dos Contratos e da Empresa

Estudos sôbre o pneumococo: 4a. nota - Influência do pH do meio sôbre a formação da cápsula pelo pneumococo

One of the features of pneumococcus which has deserved the attention of investigators is the capsule. Since Pasteur, Chamberland and Roux (1881) several functions have been ascribed to it as well as peculiar properties. In the present paper, we take into consideration one only aspect of this problem; it is the relationship which there possibly may be between acidity of the culture medium and the power of capsule formation by pneumococcus. As it is known, this germ requires for its development 7.8 as an optimum pH, but maintains its biological activities down to 5.6. These variations do not take place without large alterations, particularly of the capsule, not only from the morphological but also from the chemical viewpoint. The diameter of the mucous envelopment of the pneumococcus decreases in proportion to the increase of acidity down to its complete extinction. This fact has been regarded by investigators as a biological feature inhe¬ring to the germ itself and as proceeding of self-defense. In an acid medium the existing capsule is destroyed and the germ does not produce it again; consequently, acidity inhibits the formation of the capsule. We tried to check how this phenomenon comes to pass and to elucidated it. As we know, the fundamental compound of the pneumococcus capsule is mucin. In the first place, we experimented the action of acidity on same in the following manner: Mucin extracted from bovine submaxillary gland is precipitated by HC1 at a determined concentration degree; the mucin dissolves again and precipi¬tates in function of this concentration. This property of mucin (solubility in acid medium) modifies a little the interpretation of the mechanism of disappearance of the capsule from the said germ in the culture medium. Indeed: The acidification of the medium consecutive to the growth of pneumococcus reduces the dimensions of the capsule until causing its com¬plete disappearance; but on transferring this strain to new optimum cultiva¬ting conditions the capsule appears again exhuberantly, at times as anteriorly, although with biased virulence. Linking these two facts we draw the following conclusions: Pneumo¬coccus does not lose its capacity of capsule formation in an acid medium; but mucin, whilst being produced, is entirely dissolved in this medium by the aid of acidity; we venture to state that, in spite of medium acidity, the capacity of capsule production is a constant feature of pneumococcus and that the disappearance of the capsule does not depend on the pneumococcus in itself when it produces smooth colonies, but on the chemical properties of mucin, mainly on its solubility in acid medium.

Mecanismos de control de la aplicación y el cumplimiento de los tratados internacionales en materia ambiental

Investigación elaborada a partir de una estancia en el Center of International Environmental Law (CIEL) de Washington, Estados Unidos, entre los meses de julio y septiembre del 2006. CIEL es una organización no gubernamental sin ánimo de lucro que trabaja utilizando el Derecho Internacional y las instituciones internacionales para proteger el medio ambiente, la salud humana y asegurar una sociedad justa y sostenible. El ámbito de trabajo del CIEL abarca a más de 16 países en 6 continentes. CIEL también pertenece al programa de investigación y formación del American University Washington College of Law. Este programa incluye cursos de Derecho Internacional del Medio Ambiente y Derecho Comparado del medio ambiente. La actividad científica realizada ha consistido en: primer lugar en una investigación, capacitación y apoyo jurídico realizado en el ámbito de la aplicación de la Convención de Estocolmo sobre contaminantes orgánicos persistentes en los países latinoamericanos; y en segundo lugar, en la participación en los varios seminarios relativos a diferentes ámbitos del Derecho Internacional del medio ambiente. Todo ello ha contribuido a dar un impulso definitivo a la tesis doctoral de la becaria.