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Anticipatory Humanitarian Intervention In Kosovo, Jonathan I. Charney

Vanderbilt Journal of Transnational Law

The intervention by the North Atlantic Treaty Organization (NATO) in Kosovo during the spring of 1999 aroused controversy at the time and still provokes questions about the legality of the action, its precedential effect, and procedures for developing new international law. The participants faced a legal and moral dilemma between international law prohibitions on the use of force and the goal of preventing or stopping widespread grave violations of international human rights. This commentary seeks to chart a course for the future in light of the current legal and moral environment.

Many individuals on all sides of the Kosovo crisis …

The Inevitability Of Nimble Fingers? Law, Development, And Child Labor, Katherine Cox

Vanderbilt Journal of Transnational Law

This Article examines development issues that are raised in a legal analysis of international human rights law relating to child labor. In so doing it highlights some of the weaknesses of the present legal approach to the problem. In order to demonstrate better the weaknesses of the system, India is used as an example of a developing country where some of the development issues raised in the legal analysis arise. The second Part of this Article defines the concept of child labor. It undertakes a comprehensive analysis of international legal instruments that deal with the topic of child labor and …

Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder

Journal Articles

The "Universalism-Cultural Relativism" debate proceeds on the assumption that international human rights law requires the identification of fundamental principles of justice that transcend culture, society, and politics. Thus, the debate presumes that to assert the cultural relativity of justice is to deny the legitimacy of international human rights law. This comment challenges this presumed linkage between international human rights law and universally valid criteria of justice. Human rights standards are obviously culturally relative, and human rights law is obviously a Western institution. But so are the kind of states that human rights law sets out to restrain. The nation-state ideal …

Profile Of Dr.Juan E. Garces, Chief Lawyer In The Spanish Case Against General Augusto Pinochet , Sarah C. Aird, Teven Hernandez

Human Rights Brief

No abstract provided.

The World’S Youngest Political Prisoner, Richard Klein

Scholarly Works

Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …

Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya

Publications

No abstract provided.

The Supreme Court Of The United States Has Been Called Upon To Determine The Legality Of The Juvenile Death Penalty In Michael Domingues V. State Of Nevada, Connie De La Vega, Jennifer Fiore

Connie de la Vega

This article summarizes the arguments made against the juvenile death penalty in a U.S. Supreme Court amici curiae brief in Domingues v. State, 961 P.2d 1279 (Nev. 1998), cert. denied, 528 U.S. 963 (1999), and rebuts some of the State's propositions made in its response. It argues that United States' obligation to faithfully comply with its treaty obligations (particularly under the International Covenant on Civil and Political Rights), as well as the customary international law and jus cogens norm do not permit the execution of juveniles for crimes committed while below the age of eighteen.