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Articles 1 - 30 of 282
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Change We Can Believe In?, Katherine Hite
Change We Can Believe In?, Katherine Hite
Human Rights & Human Welfare
We were warned to temper our high hopes for a bold new Obama era of human rights. After all, President Obama would have “a lot on his plate”: a serious economic crisis, high unemployment, over forty million people without health insurance, “two wars,” global volatility. But it’s very hard not to be dismayed by some of the continuities from the Bush to the Obama administration, as well as by some Janus-faced policy decisions with damning human rights implications. When it comes to US-Latin America relations, such decisions include: professing support for progressive immigration reform while expanding regressive anti-immigration measures; claiming …
Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier
Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier
William & Mary Law Review
Although the conflict formerly known as the “war on terror” is now in its eighth year, key legal issues governing the use of force and military detention remain largely unresolved. These questions survive the Bush administration, as the United States continues to launch aerial strikes against al Qaeda and President Obama has indicated his intention to continue the use of preventative detention and military trials even after Guantánamo is closed. Military victory is not possible, but good faith application of authority from the law of war can effectively complement traditional criminal law in combating the threat. Even if the Geneva …
The Peruvian Precedent, Katherine Hite
The Peruvian Precedent, Katherine Hite
Human Rights & Human Welfare
In the early days of September 2009, former Peruvian Truth and Reconciliation Commission (TRC) president Salomón Lerner received a series of sick anonymous messages: “We will do to you what we did to your dogs.” Lerner’s two pet dogs had been fatally poisoned. The poisoning and the death threats against Lerner joined other vicious retaliations, including continuous attacks on another powerful human rights symbol, Lika Mutal’s “The Eye that Cries,” a sculpture in Lima that mourns the tens of thousands of Peruvian victims of internal armed conflict. In a twisted way, the poisoning, death threats, and attacks show that Peruvian …
Developing A Private International Intellectual Property Law: The Demise Of Territoriality?, Graeme B. Dinwoodie
Developing A Private International Intellectual Property Law: The Demise Of Territoriality?, Graeme B. Dinwoodie
William & Mary Law Review
No abstract provided.
Repression And Punishment In North Korea: Survey Evidence Of Prison Camp Experiences, Stephan Haggard, Marcus Noland
Repression And Punishment In North Korea: Survey Evidence Of Prison Camp Experiences, Stephan Haggard, Marcus Noland
Human Rights & Human Welfare
The penal system has played a central role in the North Korean government’s response to the country’s profound economic and social changes. Two refugee surveys—one conducted in China, one in South Korea—document its changing role. The regime disproportionately targets politically suspect groups, particularly those involved in market-oriented economic activities. Levels of violence and deprivation do not appear to differ substantially between the infamous political prison camps, penitentiaries for felons, and labor camps used to incarcerate individuals for misdemeanors, including economic crimes. Substantial numbers of those incarcerated report experiencing deprivation with respect to food as well as public executions and other …
Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker
Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker
San Diego International Law Journal
This Article will survey the key episodes of transitional justice in various countries since the 1970s, and then apply the lessons gleaned to the transition of Serbia during the first five years following the deposition of authoritarian ruler Slobodan Milosevic in October 200, and the subsequent establishment of democratic rule...This article will show that the empirical evidence demonstrates that the outcome of the transitional justice process a country undertakes, upon its political stability, needs to be taken into account when fashioning said process.
De-Cloaking Torture: Boumediene And The Military Commissions Act, Alan W. Clarke
De-Cloaking Torture: Boumediene And The Military Commissions Act, Alan W. Clarke
San Diego International Law Journal
The Military Commissions Act of 2006 (MCA) marked the high tide and endgame for hiding torture. It's unraveling did more to uncover the Bush administration's secret interrogation practices than did the political change in Washington. International and domestic backlash against the government's embrace of harsh interrogation techniques, frequently rising to the level of torture, also played a role. However, the Supreme Court's decisions ending in Boumediene v. Bush played the decisive role. Boumediene, and the Supreme Court decisions that led up to it, made inevitable that which politics had left contingent and reversible. It also provided legal and political cover.
Death Is Different And A Refugee’S Right To Counsel, John R. Mills, Kristen M. Echemendia, Stephen Yale-Loehr
Death Is Different And A Refugee’S Right To Counsel, John R. Mills, Kristen M. Echemendia, Stephen Yale-Loehr
Cornell International Law Journal
No abstract provided.
Mañana, Mañana: Trans-Cultural Perceptions Of Time And The Role Of Polychronism In Latin American Legal Systems, Audrey Pumariega
Mañana, Mañana: Trans-Cultural Perceptions Of Time And The Role Of Polychronism In Latin American Legal Systems, Audrey Pumariega
University of Miami Inter-American Law Review
No abstract provided.
Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka
Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka
University of Miami International and Comparative Law Review
No abstract provided.
The Resurgence Of Piracy: A Phenomenon Of Modern Times, Helmut Tuerk
The Resurgence Of Piracy: A Phenomenon Of Modern Times, Helmut Tuerk
University of Miami International and Comparative Law Review
No abstract provided.
Foreword, E. Erin Robbins
Foreword, E. Erin Robbins
San Diego International Law Journal
The eleventh issue of the San Diego International Law Journal is composed of articles examining the world's reaction to conflict and of ideas throughout the world can bring about major shifts in socio-political thought by challenging the status quo, often resulting in conflict within or among nations. As the world becomes a more interconnected society these international issues become more important within U.S. and International Jurisprudence. The authors within this issue explore the myriad of responses a nation may take when presented with a potential conflict.
The Gaza War Of 2009: Applying International Humanitarian Law To Israel And Hamas, Justus Reid Weiner, Avi Bell
The Gaza War Of 2009: Applying International Humanitarian Law To Israel And Hamas, Justus Reid Weiner, Avi Bell
San Diego International Law Journal
This Article explores the many international legal issues raised by the Palestinian-Israeli tension along Gaza's borders. It first examines legal issues raised by Palestinian conduct and then turns to legal issues raised by Israeli conduct. As will be demonstrated, criticisms of Israeli behavior ... lack any basis in international law. By contrast, Palestinian behaviors that are rarely criticized constitute severe violations of international law.
Silencing The Silk Road: China's Language Policy In The Xinjiang Uyghur Autonomous Region, Aurora Elizabeth Bewicke
Silencing The Silk Road: China's Language Policy In The Xinjiang Uyghur Autonomous Region, Aurora Elizabeth Bewicke
San Diego International Law Journal
As part of its push for mono-culturalism throughout China in general, and in the XUAR in particular, China's language policy is at the forefront of what some have labeled China's program of "cultural genocide." While most agree that this provocative terminology is overstated, China's language policy may well be at the root of various human rights violations. Part II of this article will describe the historical context and modern realities of China's language policy in the XUAR, which is compromised of both overt policies in the form of laws, regulations, and policy statements as well as more covert policies, which …
Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands
Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands
Indiana Law Journal
Addison C. Harris Lecture
Federal Forfeiture And Money Laundering: Undue Deference To Legal Fictions And The Canadian Crossroads, Max M. Nelson
Federal Forfeiture And Money Laundering: Undue Deference To Legal Fictions And The Canadian Crossroads, Max M. Nelson
University of Miami Inter-American Law Review
No abstract provided.
Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola
Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola
University of Miami Inter-American Law Review
No abstract provided.
From Ankara To Strasbourg: Developing A Comprehensive Supranational Litigation Strategy For Patriarchal Preservation In Turkey, Joshua B. Gessling
From Ankara To Strasbourg: Developing A Comprehensive Supranational Litigation Strategy For Patriarchal Preservation In Turkey, Joshua B. Gessling
Buffalo Human Rights Law Review
No abstract provided.
International Standards For The Promotion And Protection Of Children's Rights: American And South African Dimensions, Johan D. Ven Der Vyver
International Standards For The Promotion And Protection Of Children's Rights: American And South African Dimensions, Johan D. Ven Der Vyver
Buffalo Human Rights Law Review
No abstract provided.
Power And Cooperation: Understanding The Road Towards A Truth Commission, Ming Zhu
Power And Cooperation: Understanding The Road Towards A Truth Commission, Ming Zhu
Buffalo Human Rights Law Review
Truth commissions, usually described as a softer transitional justice alternative to trials, gained traction in academic circles following the establishment of South Africa's Truth and Reconciliation Commission. Though they are praised for their value in societal reconciliation and widely recognized for their flexibility; little is understood of their causal factors or requirements. This Article turns to this hole in the research and examines the effects of one potential causal variable, the balance of power between the warring parties. Through an in-depth examination of four case studies, El Salvador, Guatemala, Peru, and East Timor, this Article finds that truth commissions are …
Human Rights Law On Trial In The Drc, William Paul Simmons
Human Rights Law On Trial In The Drc, William Paul Simmons
Human Rights & Human Welfare
The ongoing tragedy in Eastern Congo contains so many tragic lessons that it should shake to their very foundations all comfortable ideologies about human rights and politics. The atrocities in the DRC should implicate all but have so far resulted in almost limitless impunity. Here, I briefly put human rights law on trial for its role in perpetuating this tragedy.
If They Just Weren't So Rich!, Anja Mihr
If They Just Weren't So Rich!, Anja Mihr
Human Rights & Human Welfare
The deadliest war on earth-as it is called-in the Democratic Republic of Congo (DRC) will only end when the country's richness fades or is kept under surveillance. Human rights and peace might have a chance if Congo's lucrative diamond, gold or coltan mines were under shared control by non-profit agencies or international organizations with the intention to spread the mines' benefits and wealth among the Congolese people. Wishful thinking? Most likely it is, but what other alternative is there? The country's extraordinary wealth in natural resources is the main reason for the immense corruption, the extermination of entire villages, the …
Application Of International Humanitarian Law By United States Courts
Application Of International Humanitarian Law By United States Courts
Penn State International Law Review
No abstract provided.
Us Detention Of Taliban Fighters: Some Legal Considerations, Stephane Ojeda
Us Detention Of Taliban Fighters: Some Legal Considerations, Stephane Ojeda
International Law Studies
No abstract provided.
Jus Ad Pacem In Bello? Afghanistan, Stability Operations, And The International Law Relating To Armed Conflicts, David Turns
Jus Ad Pacem In Bello? Afghanistan, Stability Operations, And The International Law Relating To Armed Conflicts, David Turns
International Law Studies
No abstract provided.
Stability Operations: A Guiding Framework For "Small Wars" And Other Conflicts Of The Twenty-First Century, Kenneth Watkin
Stability Operations: A Guiding Framework For "Small Wars" And Other Conflicts Of The Twenty-First Century, Kenneth Watkin
International Law Studies
No abstract provided.
Afghanistan: Hard Choices And The Future Of International Law, John F. Murphy
Afghanistan: Hard Choices And The Future Of International Law, John F. Murphy
International Law Studies
No abstract provided.
The Law Of Armed Conflict And Detention Operations In Afghanistan, Matthew C. Waxman
The Law Of Armed Conflict And Detention Operations In Afghanistan, Matthew C. Waxman
International Law Studies
No abstract provided.
Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman
Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman
International Law Studies
No abstract provided.
Making The Case For Conflict Bifurcation In Afghanistan: Transnational Armed Conflict, Al Qaida, And The Limits Of Associated Militia Concept, Geoffrey S. Corn
Making The Case For Conflict Bifurcation In Afghanistan: Transnational Armed Conflict, Al Qaida, And The Limits Of Associated Militia Concept, Geoffrey S. Corn
International Law Studies
No abstract provided.