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Human Rights Law

1999

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Articles 1 - 16 of 16

Full-Text Articles in Entire DC Network

Linking Human Rights, Rights Of Indigenous People And The Environment, Sevine Ercmann Oct 1999

Linking Human Rights, Rights Of Indigenous People And The Environment, Sevine Ercmann

Buffalo Environmental Law Journal

No abstract provided.


Law-Ing The Harmonic Familial Relationship: Development Of An Indigenous Feminist Legal Political Discourse On Child Domestic Abuse, Andy Man Chung Chiu, Vera Moon Hing Lam Sep 1999

Law-Ing The Harmonic Familial Relationship: Development Of An Indigenous Feminist Legal Political Discourse On Child Domestic Abuse, Andy Man Chung Chiu, Vera Moon Hing Lam

Buffalo Women's Law Journal

No abstract provided.


The Past, Present, And Future Of International Trafficking In Women For Prostitution, Michelle O. P. Dunbar Sep 1999

The Past, Present, And Future Of International Trafficking In Women For Prostitution, Michelle O. P. Dunbar

Buffalo Women's Law Journal

No abstract provided.


Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith Jun 1999

Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Michigan Law Review

The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …


Appendix: Biographies Of Participants , American University Law Review Apr 1999

Appendix: Biographies Of Participants , American University Law Review

American University Law Review

No abstract provided.


Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro Apr 1999

Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro

University of Miami Inter-American Law Review

No abstract provided.


Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review Mar 1999

Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review

American University Law Review

No abstract provided.


Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review Feb 1999

Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review

American University Law Review

No abstract provided.


Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald C. Slye Jan 1999

Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald C. Slye

Michigan Journal of International Law

The question of whether apartheid is a crime against humanity might seem an odd one for many people living outside South Africa-and indeed for the vast majority of people living inside South Africa. With the recent demise of legalized apartheid in South Africa, one might ask if apartheid's status under international law has any contemporary relevance beyond a small group of legal academics. The status of apartheid under international law-in particular whether apartheid constitutes a crime against humanity-is a question that the South African Truth and Reconciliation Commission ("TRC") was obligated to address in its final report.


Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen Jan 1999

Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen

Richmond Journal of Law and the Public Interest

To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …


Living With The Death Penalty, Samuel R. Gross Jan 1999

Living With The Death Penalty, Samuel R. Gross

Articles

The debate over the death penalty in the United States - such as it is - is framed in terms of criminal justice policy. The issues are the same ones we consider when the question is the length of prison sentence for a drug crime: Does the defendant deserve the penalty? Is it cost effective by comparison to other available sanctions? Will it deter others from committing the crimes for which he was convicted? Can we impose this punishment fairly? Can we make sure that innocent people are not condemned?


Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen Jan 1999

Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen

Richmond Public Interest Law Review

To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …


Holding State Sovereigns Accountable For Human Rights Violations: Applying The Act Of State Doctrine Consistently With International Law, Rebecca A. Fleming Jan 1999

Holding State Sovereigns Accountable For Human Rights Violations: Applying The Act Of State Doctrine Consistently With International Law, Rebecca A. Fleming

Maryland Journal of International Law

No abstract provided.


When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard Jan 1999

When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard

Articles & Chapters

The first section of this article reviews the evidence, both historical and contemporary, documenting the existence and frequency of wrongful convictions. The next dissects an actual case to illustrate how an innocent person can be convicted and why, once the error has been corrected and the conviction is vacated, that person generally has no legal action for damages in the absence of indemnification legislation. The third section argues that society has a moral obligation to assist the wrongfully convicted; that indemnification legislation is a better approach than reliance on ''moral obligation" bills; and that enacting legislation is possible - just …


Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald Slye Jan 1999

Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald Slye

Faculty Articles

This submission made to the TRC by the Allard K. Lowenstein International Human Rights Law Clinic, the Lawyers Committee for Human Rights, and twenty-one international law professors regarding apartheid as a crime against humanity (reproduced below) grew out of the debate within South Africa concerning apartheid, crimes against humanity, genocide, and Nazism. This submission is an authoritative statement by experts in international law concerning the legal status of apartheid and was drafted in part to clarify the relevant issues for a legal evaluation of apartheid-not only within the TRC, but also in broader South African and international society. The submission …


The Northern Ireland Peace Agreement: Evolving The Principle Of Self-Determination, Paul Williams, Sabrineh Ardalan Jan 1999

The Northern Ireland Peace Agreement: Evolving The Principle Of Self-Determination, Paul Williams, Sabrineh Ardalan

Articles in Law Reviews & Other Academic Journals

Central to this article is the evolution of the nature of the principle of self-determination. The main focus will be on the examination of a recent instance of state practice — the Northern Ireland Peace Agreement. In particular, the way in which the Northern Ireland Peace Agreement has given effect to the primary elements of self-determination, including democratic self-government, the protection of human rights, and the protection of minority rights will be discussed.