Lorna McGregor
Biographic Data
| ID | 5699782 |
|---|---|
| NAME | Lorna McGregor |
| GIVEN NAMES | Lorna |
| FAMILY NAME | McGregor |
| SIGNATURE | MCGREGOR L |
| AFFILIATIONS | University of Essex |
| VERIFIED | No |
| TOTAL WORKS | 16 |
| TOTAL CITATIONS | 27 |
| AUTHOR COUNT | 16 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2001 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 3 |
Detention and its Alternatives under International Law
Detention and Its Alternatives under International Law analyses the current state of the international law on detention and its alternatives as part of national laws and policies on armed conflict, counterterrorism, criminal justice, mental health, migration, public health, and social care. The book starts from the premise that, in theory, international law provides a clear framework for ensuring the exceptionality of detention by either characte…
Are New Technologies an Aid to Reputation as a Disciplinarian
Kristina Daugirdas offers a different vantage point from most scholarship on the accountability of international organizations (IOs) by examining whether a focus on reputation can address accountability deficits. In this regard, reputational concerns could pressure international organizations to act by, for example, waiving immunity. In this essay, I explore the relationship between reputation and accountability through the prism of new technolog…
International Human Rights Law as a Framework for Algorithmic Accountability
Existing approaches to ‘algorithmic accountability’, such as transparency, provide an important baseline, but are insufficient to address the (potential) harm to human rights caused by the use of algorithms in decision-making. In order to effectively address the impact on human rights, we argue that a framework that sets out a shared understanding and means of assessing harm; is capable of dealing with multiple actors and different forms of respo…
Accountability for Governance Choices in Artificial Intelligence: Afterword to Eyal Benvenisti’s Foreword
A growing body of literature examines how to make the use of new and emerging technologies more transparent and explainable as a means to ensure accountability for harm to human rights. While a critical part of accountability, a predominant focus on the technology can result in the design and adaptation of accountability principles to ‘manage’ the technology instead of starting from an assessment of the governance choices actors make when integra…
The right to a remedy and reparation for victims of trafficking in human beings
This chapter examines the meaning of an effective remedy and reparation for victims of trafficking in human beings (THB) under international law, and addresses some of the conceptual, legal, and practical challenges that victims may face when seeking to assert this right. It focuses on which claims can be brought against the State and its agents for direct engagement in THB. The chapter reviews the remedial framework that States are required to p…
An Integrated System of National and International Remedies for Crimes under International Law
Ten years’ ago, the United Nations (UN) General Assembly adopted the Basic Principles on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (UN Basic Principles or Principles). 1 The Principles were intended to codify existing international norms and standards on the right to a remedy and reparation for violations that cut across internati…
Alternative Dispute Resolution and Human Rights: Developing a Rights-Based Approach through the ECHR
The presumption that courts are the principal forum for dispute resolution continues to be eroded. Alternative forms of dispute resolution (ADR), including agreement-based ADR (such as mediation and conciliation) and adjudicative ADR (such as arbitration), continue to proliferate and are increasingly institutionalized, leading to their characterization as 'appropriate' or 'proportionate' dispute resolution. Interestingly, despite these developmen…
Transitional Justice and the Prevention of Torture
In the 20 or so years since transitional justice first emerged as a field of practice, its objectives and the contexts in which it is applied have expanded greatly. However, its dual role of acknowledging the commission of past violence and human rights violations and seeking to prevent their recurrence remains central. Recent scholarship has begun to explore the impact of transitional justice in practice and also to critique its purported narrow…
State Immunity and Human Rights: Is There a Future after Germany v. Italy
This article considers whether the recent decision of the International Court of Justice in Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening) definitively draws the line under the question whether states enjoy jurisdictional immunity in cases involving allegations of human rights violations. The article first submits that the judgment is likely to foreclose the development of an exception to state immunity on the basis…
The role of supranational human rights litigation in strengthening remedies for torture nationally
Supranational human rights bodies are generally moving away from a practice of issuing declaratory orders and deferring to the state on the means to comply with their decisions to the issuance of more specific reparation orders, including requiring guarantees of nonrepetition such as law reform at the national level. Notwithstanding this general evolution, in this article I suggest that they have not had as significant an impact on strengthening …
Human Security and Non-Citizens: Law, Policy and International Affairs
The past decades have seen enormous changes in our perceptions of 'security', the causes of insecurity and the measures adopted to address them. Threats of terrorism and the impacts of globalisation and mass migration have shaped our identities, politics and world views. This volume of essays analyses these shifts in thinking and, in particular, critically engages with the concept of 'human security' from legal, international relations and human …
Are Declaratory Orders Appropriate for Continuing Human Rights Violations? The Case of Khadr v Canada
Declaratory judgments are typically sought as a means of preventing a dispute by removing ‘legal uncertainty’ as to the applicable law and the rights and obligations of the parties.1 Preventative in nature, Shelton notes that ‘declaratory relief is not considered an adequate remedy after the injury has taken place’.2 At the same time, in human rights cases, a declaration that an individual’s rights have been violated often provides a form of ackn…
Human security and non-citizens: Law, Policy, and International Affairs
The past decades have seen enormous changes in our perceptions of 'security', the causes of insecurity and the measures adopted to address them. Threats of terrorism and the impacts of globalisation and mass migration have shaped our identities, politics and world views. This volume of essays analyses these shifts in thinking and, in particular, critically engages with the concept of 'human security' from legal, international relations and human …
Torture and State Immunity: Deflecting Impunity, Distorting Sovereignty
In recent judgments, the claim has been made that immunity, as a procedural rule, does not affect substantive norms but merely diverts the claim to an alternative forum. As such, the claim is made that immunity does not equate to impunity. Yet, within a context in which the courts of the state in which the torture allegedly took place are very often unavailable and diplomatic protection does not amount to an alternative means of settlement, the p…
State Immunity Jus Cogens
The General Assembly first proposed that the International Law Commission look into the issue of state immunity in 1977. As State immunity, by its very nature, sits at the interface between traditional and contemporary notions of international law, the span of the negotiations over three decades inevitably exposed the resulting Convention to gaps and inconsistencies with evolving areas of international law. In 1999 the International Law Commissio…
Individual Accountability in South Africa: Cultural Optimum or Political Facade
Transitional states have elected divergent strategies in dealing with their pasts. Some have opted not to confront the past at all by invoking general amnesty laws, whereas others have determined that some form of accountability is needed. Postapartheid South Africa presents a novel illustration of the attempts of a transitional state to balance the legal, political, practical, and cultural interests of its society as it moves toward the democrat…
International Human Rights Law as a Framework for Algorithmic Accountability
Existing approaches to ‘algorithmic accountability’, such as transparency, provide an important baseline, but are insufficient to address the (potential) harm to human rights caused by the use of algorithms in decision-making. In order to effectively address the impact on human rights, we argue that a framework that sets out a shared understanding and means of assessing harm; is capable of dealing with multiple actors and different forms of respo…
Individual Accountability in South Africa: Cultural Optimum or Political Facade
Transitional states have elected divergent strategies in dealing with their pasts. Some have opted not to confront the past at all by invoking general amnesty laws, whereas others have determined that some form of accountability is needed. Postapartheid South Africa presents a novel illustration of the attempts of a transitional state to balance the legal, political, practical, and cultural interests of its society as it moves toward the democrat…
Alternative Dispute Resolution and Human Rights: Developing a Rights-Based Approach through the ECHR
The presumption that courts are the principal forum for dispute resolution continues to be eroded. Alternative forms of dispute resolution (ADR), including agreement-based ADR (such as mediation and conciliation) and adjudicative ADR (such as arbitration), continue to proliferate and are increasingly institutionalized, leading to their characterization as 'appropriate' or 'proportionate' dispute resolution. Interestingly, despite these developmen…
State Immunity Jus Cogens
The General Assembly first proposed that the International Law Commission look into the issue of state immunity in 1977. As State immunity, by its very nature, sits at the interface between traditional and contemporary notions of international law, the span of the negotiations over three decades inevitably exposed the resulting Convention to gaps and inconsistencies with evolving areas of international law. In 1999 the International Law Commissio…
An Integrated System of National and International Remedies for Crimes under International Law
Ten years’ ago, the United Nations (UN) General Assembly adopted the Basic Principles on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (UN Basic Principles or Principles). 1 The Principles were intended to codify existing international norms and standards on the right to a remedy and reparation for violations that cut across internati…
Transitional Justice and the Prevention of Torture
In the 20 or so years since transitional justice first emerged as a field of practice, its objectives and the contexts in which it is applied have expanded greatly. However, its dual role of acknowledging the commission of past violence and human rights violations and seeking to prevent their recurrence remains central. Recent scholarship has begun to explore the impact of transitional justice in practice and also to critique its purported narrow…
Are Declaratory Orders Appropriate for Continuing Human Rights Violations? The Case of Khadr v Canada
Declaratory judgments are typically sought as a means of preventing a dispute by removing ‘legal uncertainty’ as to the applicable law and the rights and obligations of the parties.1 Preventative in nature, Shelton notes that ‘declaratory relief is not considered an adequate remedy after the injury has taken place’.2 At the same time, in human rights cases, a declaration that an individual’s rights have been violated often provides a form of ackn…
Torture and State Immunity: Deflecting Impunity, Distorting Sovereignty
In recent judgments, the claim has been made that immunity, as a procedural rule, does not affect substantive norms but merely diverts the claim to an alternative forum. As such, the claim is made that immunity does not equate to impunity. Yet, within a context in which the courts of the state in which the torture allegedly took place are very often unavailable and diplomatic protection does not amount to an alternative means of settlement, the p…
Individual Accountability in South Africa: Cultural Optimum or Political Facade
Transitional states have elected divergent strategies in dealing with their pasts. Some have opted not to confront the past at all by invoking general amnesty laws, whereas others have determined that some form of accountability is needed. Postapartheid South Africa presents a novel illustration of the attempts of a transitional state to balance the legal, political, practical, and cultural interests of its society as it moves toward the democrat…
State Immunity Jus Cogens
The General Assembly first proposed that the International Law Commission look into the issue of state immunity in 1977. As State immunity, by its very nature, sits at the interface between traditional and contemporary notions of international law, the span of the negotiations over three decades inevitably exposed the resulting Convention to gaps and inconsistencies with evolving areas of international law. In 1999 the International Law Commissio…
Torture and State Immunity: Deflecting Impunity, Distorting Sovereignty
In recent judgments, the claim has been made that immunity, as a procedural rule, does not affect substantive norms but merely diverts the claim to an alternative forum. As such, the claim is made that immunity does not equate to impunity. Yet, within a context in which the courts of the state in which the torture allegedly took place are very often unavailable and diplomatic protection does not amount to an alternative means of settlement, the p…
Human security and non-citizens: Law, Policy, and International Affairs
The past decades have seen enormous changes in our perceptions of 'security', the causes of insecurity and the measures adopted to address them. Threats of terrorism and the impacts of globalisation and mass migration have shaped our identities, politics and world views. This volume of essays analyses these shifts in thinking and, in particular, critically engages with the concept of 'human security' from legal, international relations and human …
Human Security and Non-Citizens: Law, Policy and International Affairs
The past decades have seen enormous changes in our perceptions of 'security', the causes of insecurity and the measures adopted to address them. Threats of terrorism and the impacts of globalisation and mass migration have shaped our identities, politics and world views. This volume of essays analyses these shifts in thinking and, in particular, critically engages with the concept of 'human security' from legal, international relations and human …
Are Declaratory Orders Appropriate for Continuing Human Rights Violations? The Case of Khadr v Canada
Declaratory judgments are typically sought as a means of preventing a dispute by removing ‘legal uncertainty’ as to the applicable law and the rights and obligations of the parties.1 Preventative in nature, Shelton notes that ‘declaratory relief is not considered an adequate remedy after the injury has taken place’.2 At the same time, in human rights cases, a declaration that an individual’s rights have been violated often provides a form of ackn…
State Immunity and Human Rights: Is There a Future after Germany v. Italy
This article considers whether the recent decision of the International Court of Justice in Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening) definitively draws the line under the question whether states enjoy jurisdictional immunity in cases involving allegations of human rights violations. The article first submits that the judgment is likely to foreclose the development of an exception to state immunity on the basis…
The role of supranational human rights litigation in strengthening remedies for torture nationally
Supranational human rights bodies are generally moving away from a practice of issuing declaratory orders and deferring to the state on the means to comply with their decisions to the issuance of more specific reparation orders, including requiring guarantees of nonrepetition such as law reform at the national level. Notwithstanding this general evolution, in this article I suggest that they have not had as significant an impact on strengthening …
Transitional Justice and the Prevention of Torture
In the 20 or so years since transitional justice first emerged as a field of practice, its objectives and the contexts in which it is applied have expanded greatly. However, its dual role of acknowledging the commission of past violence and human rights violations and seeking to prevent their recurrence remains central. Recent scholarship has begun to explore the impact of transitional justice in practice and also to critique its purported narrow…
Alternative Dispute Resolution and Human Rights: Developing a Rights-Based Approach through the ECHR
The presumption that courts are the principal forum for dispute resolution continues to be eroded. Alternative forms of dispute resolution (ADR), including agreement-based ADR (such as mediation and conciliation) and adjudicative ADR (such as arbitration), continue to proliferate and are increasingly institutionalized, leading to their characterization as 'appropriate' or 'proportionate' dispute resolution. Interestingly, despite these developmen…
An Integrated System of National and International Remedies for Crimes under International Law
Ten years’ ago, the United Nations (UN) General Assembly adopted the Basic Principles on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (UN Basic Principles or Principles). 1 The Principles were intended to codify existing international norms and standards on the right to a remedy and reparation for violations that cut across internati…
The right to a remedy and reparation for victims of trafficking in human beings
This chapter examines the meaning of an effective remedy and reparation for victims of trafficking in human beings (THB) under international law, and addresses some of the conceptual, legal, and practical challenges that victims may face when seeking to assert this right. It focuses on which claims can be brought against the State and its agents for direct engagement in THB. The chapter reviews the remedial framework that States are required to p…
Accountability for Governance Choices in Artificial Intelligence: Afterword to Eyal Benvenisti’s Foreword
A growing body of literature examines how to make the use of new and emerging technologies more transparent and explainable as a means to ensure accountability for harm to human rights. While a critical part of accountability, a predominant focus on the technology can result in the design and adaptation of accountability principles to ‘manage’ the technology instead of starting from an assessment of the governance choices actors make when integra…
Are New Technologies an Aid to Reputation as a Disciplinarian
Kristina Daugirdas offers a different vantage point from most scholarship on the accountability of international organizations (IOs) by examining whether a focus on reputation can address accountability deficits. In this regard, reputational concerns could pressure international organizations to act by, for example, waiving immunity. In this essay, I explore the relationship between reputation and accountability through the prism of new technolog…
International Human Rights Law as a Framework for Algorithmic Accountability
Existing approaches to ‘algorithmic accountability’, such as transparency, provide an important baseline, but are insufficient to address the (potential) harm to human rights caused by the use of algorithms in decision-making. In order to effectively address the impact on human rights, we argue that a framework that sets out a shared understanding and means of assessing harm; is capable of dealing with multiple actors and different forms of respo…
Detention and its Alternatives under International Law
Detention and Its Alternatives under International Law analyses the current state of the international law on detention and its alternatives as part of national laws and policies on armed conflict, counterterrorism, criminal justice, mental health, migration, public health, and social care. The book starts from the premise that, in theory, international law provides a clear framework for ensuring the exceptionality of detention by either characte…
Political science (15 works) · Sociology (11 works) · Human rights (10 works) · Law (10 works) · International Law and Human Rights (8 works) · Law (8 works) · Law and economics (7 works) · Human Rights and Development (6 works) · Accountability (4 works) · Computer Science (4 works)