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This chapter examines the principle of equality and the right to nondiscrimination in international human rights law. It covers the normative foundations, legal classification of discriminatory treatment, and the international legal regime of the right to nondiscrimination. The chapter explores how international human rights instruments define and address discrimination, the grounds for discrimination, and the obligations of states to eliminate discriminatory practices. It also discusses the mechanisms for monitoring and enforcing nondiscrimination, including the role of international bodies and national institutions. The chapter highlights the challenges in achieving substantive equality and the importance of adopting comprehensive measures to address both direct and indirect discrimination.
The Roberts Courts post-racial conception of affirmative action means that diversity is simply an aspirational myth, not substantive equality for the historically excluded.
Each Contracting Party shall accord to investors of the other Contracting Party and to their investments treatment no less favourable than that it accords, in like circumstances, to investors and investments of any third State.
Each Contracting Party shall accord to investors of the other Contracting Party and to their investments treatment no less favourable than that it accords, in like circumstances, to its own investors and investments.
The various Trial Chambers of the International Criminal Tribunal for the former Yugoslavia have advanced potentially inconsistent definitions of the crime of persecution under Article 5 of the Tribunal's Statute. The Trial Chamber in the Krnojelac case, in attempting to reconcile these different approaches, has undertaken a comprehensive analysis both of the actus reus and mens rea elements constituting this offence. In the context of the Tribunal's jurisprudence, this article analyses these elements and briefly discusses other issues related to the crime of persecution.
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