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Human Rights Law

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2012

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China’S ‘Attitude’ Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang Jan 2012

China’S ‘Attitude’ Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang

Articles

China observers in the United States generally share two observations on China today: that China has made impressive progress in economic development in the past three decades, and that China has maintained a poor human rights record since the 1989 Tiananmen Massacre. On the economic front, China overtook Japan and became the second largest economy in 2010. In a joint study with China's Development Research Center of the State Council, the World Bank recently predicted that even if the Chinese economy grows a third as slowly in the future, it will outstrip the United States in terms of overall GDP …


The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López Jan 2012

The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López

Articles

No abstract provided.


From Fragmentation To Constitutionalization, Harlan G. Cohen Jan 2012

From Fragmentation To Constitutionalization, Harlan G. Cohen

Scholarly Works

This short essay, prepared for a panel on “The Impact of a Wider Dissemination of Human Rights Norms: Fragmentation or Unity?,” explores the connection between two popular, but seemingly contradictory discourses in international law: fragmentation and constitutionalization. After disentangling and categorizing the various types of fragmentation international law may be experiencing, the essay focuses in on one form in particular, the “fragmentation of the legal community.” This most radical version of fragmentation, the essay argues, has spurred a number of responses, many of which suggest the beginnings of a constitutional conflicts regime for international law. The essay ends by suggesting …


China's "Attitude" Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang Jan 2012

China's "Attitude" Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang

Maryland Journal of International Law

No abstract provided.


Imagining A Right To Housing, Lying In The Interstices, Shelby D. Green Jan 2012

Imagining A Right To Housing, Lying In The Interstices, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This article explores whether the philosophical and constitutional predicates for the recognition of a right to housing exist in some form in our nation’s jurisprudence and political order. Part II traces the evolution of the concept of “rights” from that embraced by the country’s founders to the present, how such a right to housing would fit within the dialogue of property rights, the notion of ownership, and the interest in liberty. Part III discusses the historical role of the court in protecting housing. Part IV discusses the notion of protecting rights to housing under existing equal protection and due process …


The Rule Of Law: A Help Or Hindrance To International Business, The Honourable Mr. Justice M. Burton Jan 2012

The Rule Of Law: A Help Or Hindrance To International Business, The Honourable Mr. Justice M. Burton

South Carolina Journal of International Law and Business

No abstract provided.


Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie Jan 2012

Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie

Articles, Book Chapters, & Popular Press

Both domestic and international laws regarding the extradition of fugitive criminal offenders are in a state of flux throughout the world. The current legal landscape reflects tension between the interest of state authorities in promoting “security,” on the one hand, and increasing recognition that human rights obligations are at play, on the other. Gary Botting’s book, Extradition Between Canada and the United States, successfully addresses this tension by way of a detailed examination of what is probably the most integrated extradition partnership outside the European Union.


Thirteenth Annual Grotius Lecture Series: The Global Status Of Human Rights, Amartya Sen Jan 2012

Thirteenth Annual Grotius Lecture Series: The Global Status Of Human Rights, Amartya Sen

American University International Law Review

No abstract provided.


Thirteenth Annual Grotius Lecture Response: Amartya Sen’S Vision For Human Rights – And Why He Needs The Law, Kim Lane Scheppele Jan 2012

Thirteenth Annual Grotius Lecture Response: Amartya Sen’S Vision For Human Rights – And Why He Needs The Law, Kim Lane Scheppele

American University International Law Review

No abstract provided.


The Spectrum For Child Justice In The International Human Rights Framework: From Reclaiming The Delinquent Child To Restorative Justice, Violet Odala Jan 2012

The Spectrum For Child Justice In The International Human Rights Framework: From Reclaiming The Delinquent Child To Restorative Justice, Violet Odala

American University International Law Review

No abstract provided.


The Extraterritorial Obligation To Prevent The Use Of Child Soldiers, Tracey B. C. Begley Jan 2012

The Extraterritorial Obligation To Prevent The Use Of Child Soldiers, Tracey B. C. Begley

American University International Law Review

No abstract provided.


The Burdens And Benefits Of Brighton, Laurence R. Helfer Jan 2012

The Burdens And Benefits Of Brighton, Laurence R. Helfer

Faculty Scholarship

No abstract provided.


The Catholic Church, Human Rights, And Democracy: Convergence And Conflict With The Modern State, Paolo G. Carozza, Daniel Philpott Jan 2012

The Catholic Church, Human Rights, And Democracy: Convergence And Conflict With The Modern State, Paolo G. Carozza, Daniel Philpott

Journal Articles

This book chapter traces the history of the Catholic Church's relationship to the modern state, focusing on the idea of sovereignty and the development of human rights and democracy. It argues that the Catholic Church's relationship to human rights and democracy in the modern world can only be understood as reflective of both a historical convergence and a persistent tension and ambivalence. The first part argues for this dual theme in the development of Catholic doctrine, where today, as over the past several centuries, the Church's conception of the common good yields both an embrace of human rights and democracy …


Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen J. Powell, Trisha Low Jan 2012

Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen J. Powell, Trisha Low

UF Law Faculty Publications

As World Trade Organization ("WTO") Members relentlessly pursue new regional trade agreements to achieve even faster economic growth than the extraordinary numbers posted by global trade rules, the smaller number of parties and their greater cultural affinity have led negotiators to address the intersection of trade and human rights to an extent unparalleled in the culturally disparate and near-unmanageable, 150-plus member WTO itself. These new provisions have used trade's huge power to improve worker rights, secure environmental protections, and make initial inroads toward defending indigenous populations from trade's adverse effects. Employing the perspectives both of trade negotiators and students of …


Region Codes And Human Rights, Molly Land Dec 2011

Region Codes And Human Rights, Molly Land

Molly K. Land

No abstract provided.


#Ict4hr—Information And Communication Technologies For Human Rights, Molly Land, Patrick Meier, Mark Belinsky, Emily Jacobi Dec 2011

#Ict4hr—Information And Communication Technologies For Human Rights, Molly Land, Patrick Meier, Mark Belinsky, Emily Jacobi

Molly K. Land

No abstract provided.


Access To Health Information Under International Human Rights Law, Molly Land Dec 2011

Access To Health Information Under International Human Rights Law, Molly Land

Molly K. Land

This article discusses whether and, if so, to what extent states are obligated under international treaty law to provide individuals, lay healthcare providers, professional healthcare providers, and policymakers with appropriate health information. The article concludes that health information is an essential component of many identified and established human rights. States party to treaties such as the International Covenant on Civil and Political Rights must provide and guarantee access to health information. Appropriate health information fosters meaningful social and political participation and ensures that individuals achieve and enjoy the rights afforded to them by international human rights law. This article provides …


Rebalancing Trips, Molly K. Land Dec 2011

Rebalancing Trips, Molly K. Land

Molly K. Land

In recent years, global intellectual property scholarship has been preoccupied with “rehabilitating” the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). With some distance from the polarizing rhetoric that accompanied the early years of TRIPS, contemporary accounts laud the treaty as far more flexible and sensitive to the needs of developing countries than had previously been believed. This article argues that, contrary to these accounts, the fears of developing countries concerning TRIPS have indeed been realized—just not in the manner they imagined at the time of its conclusion. Although TRIPS does contain significant flexibilities, states have largely failed to take …


Екологізація Міжнародного Права Крізь Призму Екологічних Прав Людини | Ecologisation Of International Law Through The Prism Of Environmental Human Rights, Timur R. Korotkiy Dec 2011

Екологізація Міжнародного Права Крізь Призму Екологічних Прав Людини | Ecologisation Of International Law Through The Prism Of Environmental Human Rights, Timur R. Korotkiy

Timur R. Korotkiy

Короткий Т. Р. Екологізація міжнародного права крізь призму екологічних прав людини / Т. Р. Короткий // Актуальні проблеми політики : зб. наук. пр. / редкол.: С. В. Ківалов (голов. ред.), Л. І. Кормич (заст. голов. ред.), М. А. Польовий (відп. секр.) [та ін.] ; НУ «ОЮА», Південноукр. центр гендер. проблем. – Одеса, 2012. – Вип. 44. – С. 130-143. In the article analyzed the tendencies the ecologisation of international law through the prism of environmental human rights. Characterized the content of environmental-legal norms of international law and relationships of environmental human rights and international environmental law. В статті проаналізовані тенденції …