Digital Commons Network^™

Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin

Peter G. Danchin

No abstract provided.

Global Health Law: A Definition And Grand Challenges, Lawrence O. Gostin, Allyn L. Taylor

O'Neill Institute Papers

It has been only recently that scholars have engaged in a serious discussion of "public health law." This academic discourse examines the role of the state and civil society in health promotion and disease prevention within the country. There is an important emerging literature on the international dimensions of health, but no similar systematic definition and exposition of a field we call "global health law." In this article we aim to fill this gap by defining global health law and characterizing the grand challenges. Given the rapid and expanding globalization that is a defining feature of today's world, the need …

Global Health Law: Health In A Global Community, Lawrence O. Gostin

O'Neill Institute Papers

The examination of public health law traditionally focuses on constitutions, statutes, regulations, and common law at the national and sub-national level. However, the determinants of health (e.g., pathogens, air, food, water, even lifestyle choices) do not originate solely within national borders. Health threats inexorably spread to neighboring countries, regions, and even continents. Peoples’ lives are profoundly affected by commerce, politics, science, and technology from all over the world. Global integration and interdependence occur “as capital, traded goods, persons, concepts, images, ideas, and values diffuse across state boundaries.” It is for this reason that law and policy need to be transnational, …

The International Migration And Recruitment Of Nurses: Human Rights And Global Justice, Lawrence O. Gostin

O'Neill Institute Papers

The international migration of health workers – physicians, nurses, midwives, and pharmacists – leaves the world’s poorest countries with severe human resource shortages, seriously jeopardizing the achievement of the U.N. health Millennium Development Goals (MDGs). Advocates for global health call active recruitment in low-income countries a crime. Despite the pronounced international concern, there is little research and few solutions. This commentary focuses on the international recruitment of internationally educated nurses (IENs) from the perspective of human rights and global justice. It explains the complex reasons for nurse shortages in rich and poor countries; the duties of source and host countries; …

Ensuring Effective Pain Treatment: A National And Global Perspective, Allyn L. Taylor, Lawrence O. Gostin, Katrina A. Pagonis

O'Neill Institute Papers

Medical availability of effective pain medication is vitally important domestically and globally. Medical advances have substantially improved the technical capacity to control pain and diminish its consequences. Worldwide, millions of persons with chronic, acute, and terminal conditions have found relief from excruciating pain through medical intervention. However, richer countries have disproportionately benefited from improvements in access to and use of pain medication. The tragedy is that for most of the world's population, particularly persons in poorer countries, effective pain control is entirely unavailable.

Coaltion Operations: A Canadian Perspective, Kenneth W. Watkin

International Law Studies

No abstract provided.

Starting From Here, Ashley R. Deeks

International Law Studies

No abstract provided.

Issues Arising From Coalition Operations: An Operational Lawyer's Perspective, Neil Brown

International Law Studies

No abstract provided.

Coalition Operations: A Compromise Or An Accomodation, Vicki Mcconachie

International Law Studies

No abstract provided.

The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns

International Law Studies

No abstract provided.

Full Volume 84: International Law And Military Operations (2008)

International Law Studies

No abstract provided.

Of Prophets And Proselytes: Freedom Of Religion And The Conflict Of Rights In International Law, Peter G. Danchin

Peter G. Danchin

The case of proselytism presents a tangle of competing claims: on the one hand, the rights of proselytizers to free exercise of religion and freedom of speech; on the other hand, the rights of targets of proselytism to change their religion, peacefully to have or maintain a particular religious tradition, and to be free from injury to religious feelings. Clashes between these claims of right are today generating acute tensions in relations between States and peoples, a state of affairs starkly illustrated by the recent Danish cartoons controversy. Irrespective of their resolution in any particular domestic legal system, how should …

Beyond Rationalism And Instrumentalism: The Case For Rethinking U.S. Engagement With International Law And Organization, Peter G. Danchin

Peter G. Danchin

This Essay advances an argument for rethinking the current terms of engagement of U.S. foreign policy with international law and institutions so as to avoid the current two extremes of power politics and imperial moralizing. First, it is necessary to distinguish between force and the status of political domination on the one hand, and consensus and the status of normative meaning on the other. While it may be possible for a superpower to exercise factual authority and control over foreign states and peoples through sheer assertions of force and will, the attainability of such a situation should not be confused …

Economic Sanctions Against Human Rights Violations, Buhm Suk Baek

Cornell Law School Inter-University Graduate Student Conference Papers

The idea of human rights protection, historically, has been considered as a domestic matter, to be realized by individual states within their domestic law and national institutions. The protection and promotion of human rights, however, have become one of the most important issues for the international community as a whole. Yet, with time, it has become increasingly difficult for the international community to address human rights problems collectively. Despite a significant development in the human rights norms, effective protection of fundamental human rights and their legal enforcement has a long way to go.

This paper will argue that economic sanctions …

The Duty Of States To Assist Other States In Need: Ethics, Human Rights, And International Law, Lawrence O. Gostin, Robert Archer

O'Neill Institute Papers

This article deals with a foreign policy question of extraordinary importance: What responsibilities do States have to provide economic and technical assistance to other states that have high levels of need affecting the health and life of their citizens? The question is important for a variety of reasons. There exist massive inequalities in health globally, with the result that poorer countries shoulder a disproportionate burden of disease and premature death. While poor countries have by far the greatest ongoing health needs, they also have the least capacity to meet those needs. In addition to the pervasive and debilitating effects of …

Myanmarese Refugees In Thailand: The Need For Effective Protection, Buhm Suk Baek, Gauri Subramanium

Cornell Law School J.S.D. Student Research Papers

This paper deals with the Thai government's policy on refugees with a special focus on refugees from Myanmar. It is designed to give suggestions to international human rights NGOs working in the Thai-Myanmar border areas for the protection of the human rights of Myanmarese refugees. Most international human rights NGOs in this region are lobbying for the Thai government to ratify the Refugee Convention or at the very least, take active steps towards the protection of refugees under customary international law.

This paper is, however, concerned by these NGOs’ reliance on the ratification of the Convention as a solution to …

Addressing The Global Tragedy Of Needless Pain: Rethinking The United Nations Single Convention On Narcotic Drugs, Allyn L. Taylor

O'Neill Institute Papers

The lack of medical availability of effective pain medication is an enduring and expanding global health calamity. Despite important medical advances, pain remains severely under-treated worldwide, particularly in developing countries. This article contributes to the discussion of this global health crisis by considering international legal and institutional mechanisms to promote wider accessibility to critical narcotic drugs for pain relief.

Dhimmitude And Disarmament, David B. Kopel

David B Kopel

Under shari'a law, non-Muslims, known as dhimmi, have been forbidden to possess arms, and to defend themselves from attacks by Muslims. The disarmament is one aspect of the pervasive civil inferiority of non-Muslims, a status known as dhimmitude. This Essay examines the historical effects of the shari'a disarmament, based on three books by Bat Ye'or, the world's leading scholar of dhimmitude. As Ye'or details, the disarmament had catastrophic consequences, extending far beyond the direct loss of the dhimmi's ability to defend themselves. The essay concludes by observing how pretend gun-free zones on college campuses turn the adults there into 21st …

Poisoned Milk And The Poisoning Of Democracy: Some Cautions About China Trade And Taiwan Sovereignty, David B. Kopel

David B Kopel

This Paper examines some of the benefits and dangers of Taiwan's deepening economic ties to China.

In brief, the expansion of cross-Strait economic relations has benefited Taiwan economically, but may pose serious dangers to Taiwan's democratic sovereignty. China's rising Comprehensive National Power - which aims to suppress Taiwan's sovereignty and self-government - has been significantly enhanced by investment from Taiwan itself. China's trade policies are directed for political purposes, particularly for drawing the people of Taiwan into a subordinate relationship with the Chinese dictatorship.

China's strategy has already succeeded in imposing self-censorship on many Taiwanese voices, including many businesses and …

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Wto And The Anti-Corruption Movement, Padideh Ala'i

Articles in Law Reviews & Other Academic Journals

This article explores the role of the World Trade Organization (WTO) in promoting good governance while placing WTO within the larger framework of the ongoing global anti-corruption movement. Governmental policies aimed at fighting corruption are part of the good governance criteria set forth by the World Bank and other donor agencies. An important element of good governance is transparency, which has also been one of the pillars of the multilateral trading system. This article argues that from the perspective of the post-Cold War anti-corruption movement, the WTO is an important institution because it provides a comparatively successful forum for the …