56 research outputs found

    Liquid jet eruption from hollow relaxation

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    A cavity hollowed out on a free liquid surface is relaxing, forming an intense liquid jet. Using a model experiment where a short air pulse sculpts an initial large crater, we depict the different stages in the gravitational cavity collapse and in the jet formation. Prior eversion, all cavity profiles are found to exhibit a shape similarity. Following hollow relaxation, a universal scaling law establishing an unexpected relation between the jet eruption velocity, the initial cavity geometry and the liquid viscosity is evidenced experimentally. On further analysing the jet forms we demonstrate that the stretched liquid jet also presents shape similarity. Considering that the jet shape is a signature of the initial flow focusing, we elaborate a simple model capturing the key features of the erupting jet velocity scaling

    A Dark Side of Virtue: The Inter-American Court and Reparations for Indigenous Peoples

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    The Inter-American Court of Human Rights has now developed a significant jurisprudence on indigenous peoples, far more extensive than the case law of the other regional human rights tribunals. Also, unlike the various United Nations institutions that promote indigenous rights, the Inter-American Court issues binding and detailed judgments. As a result, the Court has become a global leader in the adjudication and redress of indigenous claims. For this reason, this first close and critical examination of the Court’s reparations for indigenous peoples is vital. With respect to non-monetary remedies, the Court has ordered the restitution of communal lands and other powerful measures. Generally, these pioneering remedies have directly responded to victims’ preferences for restoration. In contrast, the Court’s monetary reparations frequently disappoint. Examples include token sums ordered for plundered ancestral resources and a neglect of individualized compensation. By undercompensating indigenous petitioners in these ways, the Court fails to recognize them as full-fledged rights bearers. Fully entitled to collective and individual rights, they accordingly require appropriate remedies on both communal and individual levels. This critique is urgent because indigenous cases continue to flow to the Court, and its criteria are increasingly adopted by UN authorities, regional human rights institutions, and national courts. Ultimately, this Article urges the Court to commit to a victim-centered approach for monetary damages, as it generally has done for non-monetary remedies. Once rights violations are proven, if the Court does not reasonably respond to the way victims want to be restored, it will not adequately redress them. As a result, the Court will betray its mandate as a human rights tribunal and undermine the individual and collective rights of indigenous peoples

    Moiwana Village v. Suriname: A Portal into Recent Jurisprudential Developments of the Inter-American Court of Human Rights

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    On June 15, 2005, the Inter-American Court issued its judgment in Moiwana Village v. Suriname, which held Suriname responsible for numerous human rights violations and ordered several remedial measures. In a separate opinion, one of the Tribunal\u27s veteran judges, AntÂżnio CanÂżado-Trindade, wrote that the case raises issues of great transcendence. Certainly, the decision illustrates several of the Court\u27s latest jurisprudential developments, and navigates a few rising socio-political tides in South and Central America. This brief essay seeks to demonstrate how the Moiwana case: a) presents factual situations that are increasingly common before the Court; b) continues to develop key legal constructions in response to such facts; c) foreshadows a significant evolution with respect to elements of the Tribunal\u27s more traditional jurisprudence; and d) reflects, nevertheless, a prevailing caution regarding other aspects of legal analysis

    Truth as Right and Remedy in International Human Rights Experience

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    Early this year, the Inter-American Court of Human Rights in San Jose, Costa Rica, was faced yet again with a seemingly basic question: Does an individual have a legal right to know the truth about the circumstances surrounding the serious human rights violations a loved one has suffered? One might expect to encounter such a privilege in our victim centered system of international human rights protection-especially within the progressive jurisprudence of the Inter-American Court. Yet, it is simply not to be found as a substantive, explicit right. This essay seeks to explore the origins, scope, and key possibilities of an evolving right to the truth. It will argue that truth is not only an essential component of the universally recognized right to an effective remedy, but that it also serves as the gateway to a broader reparative framework necessary for victims of gross human rights abuse. The analysis shall span the Inter-American, European, and United Nations systems of human rights protection, and also will treat the burgeoning idea of the truth commission, a very prominent means of extra-judicial inquiry in contemporary transitional societies. At the conclusion, the essay will evaluate the implications of a broader, victim-oriented concept of remedy-in which truth plays a crucial role-for the United States as well

    Moiwana Village v. Suriname: A Portal into Recent Jurisprudential Developments of the Inter-American Court of Human Rights

    Get PDF
    On June 15, 2005, the Inter-American Court issued its judgment in Moiwana Village v. Suriname, which held Suriname responsible for numerous human rights violations and ordered several remedial measures. In a separate opinion, one of the Tribunal\u27s veteran judges, AntÂżnio CanÂżado-Trindade, wrote that the case raises issues of great transcendence. Certainly, the decision illustrates several of the Court\u27s latest jurisprudential developments, and navigates a few rising socio-political tides in South and Central America. This brief essay seeks to demonstrate how the Moiwana case: a) presents factual situations that are increasingly common before the Court; b) continues to develop key legal constructions in response to such facts; c) foreshadows a significant evolution with respect to elements of the Tribunal\u27s more traditional jurisprudence; and d) reflects, nevertheless, a prevailing caution regarding other aspects of legal analysis

    On the physics of fizzing: How bubble bursting controls droplets ejection

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    Bubbles at a free surface surface usually burst in ejecting myriads of droplets. Focusing on the bubble bursting jet, prelude for these aerosols, we propose a simple scaling for the jet velocity and we unravel experimentally the intricate roles of bubble shape, capillary waves, gravity and liquid properties. We demonstrate that droplets ejection unexpectedly changes with liquid properties. In particular, using damping action of viscosity, self-similar collapse can be sheltered from capillary ripples and continue closer to the singular limit, therefore producing faster and smaller droplets.These results pave the road to the control of the bursting bubble aerosols

    Rights, Resources, and Rhetoric: Indigenous Peoples and the Inter-American Court

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    Truth as Right and Remedy in International Human Rights Experience

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    This Note seeks to explore the origins, scope, and key possibilities of an evolving right to the truth. It will argue that truth is not only an essential component of the universally recognized right to an effective remedy, but that it also serves as the gateway to a broader reparative framework necessary for victims of gross human rights abuse. The analysis shall span the Inter-American, European, and United Nations systems of human rights protection, and also will treat the burgeoning idea of the truth commission, a very prominent means of extra-judicial inquiry in contemporary transitional societies. At the conclusion, the essay will evaluate the implications of a broader, victim-oriented concept of remedy-in which truth plays a crucial role-for the United States as well

    Panel 3: Natural Resources and Biodiversity

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    An international law of property will have implications on the development of natural resources, as well as implications for biodiversity around the world. Development of natural resources has an impact on national economic growth. A number of legal regimes currently exist that govern the environmental impacts of natural resource development and biodiversity protection. This panel will explore the intersections of property law and cultural and natural resources
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