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Articles 1 - 30 of 57
Full-Text Articles in Entire DC Network
Global Environmental Change: Health And The Challenge For Human Rights, Satvinder Juss
Global Environmental Change: Health And The Challenge For Human Rights, Satvinder Juss
Indiana Journal of Global Legal Studies
No abstract provided.
International Law In The Nigerian Legal System, Christian N. Okeke
International Law In The Nigerian Legal System, Christian N. Okeke
Publications
The central argument of this paper is that the character of a nation's system of law is inextricably connected with its socio-economic, cultural, religious and political make-up. To understand the attitude of a nation towards other nations, one must not be ignorant of the laws through which that nation gives expression to its sense of justice and regulates its structure. Furthermore, one must bear in mind that each system of law has different concepts through which its law is expressed, language through which it is explained, categories by which it is organized, and legal rules which themselves embody the law …
Attacking The Enemy Civilian As A Punishable Offense, William J. Fenrick
Attacking The Enemy Civilian As A Punishable Offense, William J. Fenrick
Duke Journal of Comparative & International Law
No abstract provided.
Beyond The Right To Offend: Academic Freedom, Rights And Responsibilities In The Canadian University Classroom, Judith Macfarlane
Beyond The Right To Offend: Academic Freedom, Rights And Responsibilities In The Canadian University Classroom, Judith Macfarlane
Dalhousie Law Journal
The principle of academic freedom accords a wide latitude to professorial speech in the classroom setting. This article argues that there are principles and sources of law which are imported into the professorial employment contract and which place limits on the exercise of that speech. These include contractual obligations of competence and non-discriminatory behaviour, as well as terms drawn from human rights legislation. Drawing on an examination of case law and labour arbitral awards, the author outlines ways in which the right of academic free speech might be balanced against these limiting considerations.
Non-Governmental Organizations And Global Activism: Legal And Informal Approaches, Wendy Schoener
Non-Governmental Organizations And Global Activism: Legal And Informal Approaches, Wendy Schoener
Indiana Journal of Global Legal Studies
No abstract provided.
Sentencing By International Tribunals: A Human Rights Approach, William A. Schabas
Sentencing By International Tribunals: A Human Rights Approach, William A. Schabas
Duke Journal of Comparative & International Law
No abstract provided.
International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias
International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias
University of Miami Inter-American Law Review
No abstract provided.
The Faces Of Despair In Ins Raids, Elvia R. Arriola
The Faces Of Despair In Ins Raids, Elvia R. Arriola
University of Miami Inter-American Law Review
No abstract provided.
Reflections On Environmental Rights As Third Generation Solidarity Rights, Ileana M. Porras
Reflections On Environmental Rights As Third Generation Solidarity Rights, Ileana M. Porras
University of Miami Inter-American Law Review
No abstract provided.
Universality Of Human Rights And Thedeath Penalty-The Approach Of The Human Rights Committee, Markus G. Schmidt
Universality Of Human Rights And Thedeath Penalty-The Approach Of The Human Rights Committee, Markus G. Schmidt
ILSA Journal of International & Comparative Law
The application of the death penalty has occupied a number of United Nations human rights treaty bodies, and in particular the Human Rights Committee established under article 28 of the International Covenant on Civil and Political Rights (hereinafter referred to as ICCPR).
Universality Of Human Rights: The Case Of The Death Penalty, Christina M. Cerna
Universality Of Human Rights: The Case Of The Death Penalty, Christina M. Cerna
ILSA Journal of International & Comparative Law
THE ISSUE OF THE UNIVERSALITY OF HUMAN RIGHTS
Forty-five years after the adoption of the Universal Declaration of Human Rights the international community met in Vienna to elaborate the human rights agenda for the next twenty-five years.
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane F. Orentlicher
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane F. Orentlicher
ILSA Journal of International & Comparative Law
I am fortunate to have as a foundation for my remarks Professor Roht-Arriaza's lucid presentation of the principal sources of international law bearing on amnesties for gross violations of human rights.
Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson
Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson
ILSA Journal of International & Comparative Law
In June of 1995, the Mexican government requested the extradition of former Deputy Attorney General Mario Ruiz Massieu, who was accused of engaging in a cover-up in the investigation of the assassination of his own brother, a top official in Mexico's ruling party.
A Human Rights Agenda For The Next Administration, Gare A. Smith
A Human Rights Agenda For The Next Administration, Gare A. Smith
ILSA Journal of International & Comparative Law
I would like to thank the American branch of the International Law Association for inviting me here today. It's a pleasure to join such a distinguished group of business people, scholars, and community leaders.
Indirect Incorporation Of Human Rights Treaty Provisions In Criminal Cases In United States Courts, Mark Andrew Sherman
Indirect Incorporation Of Human Rights Treaty Provisions In Criminal Cases In United States Courts, Mark Andrew Sherman
ILSA Journal of International & Comparative Law
The Treaties
The recent ratification by the United States of the International Covenant on Civil and Political Rights (ICCPR)' and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention)2 raise important possibilities for the rights of criminal defendants in United States courts
A Defense Of Unilateral Or Multi-Lateral Intervention Where A Violation Of International Human Rights Law By A State Constitutes An Implied Waiver Of Sovereignty, Mitchell A. Meyers
A Defense Of Unilateral Or Multi-Lateral Intervention Where A Violation Of International Human Rights Law By A State Constitutes An Implied Waiver Of Sovereignty, Mitchell A. Meyers
ILSA Journal of International & Comparative Law
This paper seeks to defend United States intervention in states that violate international human rights law. To explain the modem framework behind the legal justifications for intervention, it is necessary to review the historical development of international human rights law, the concept of sovereignty, and the continuing conflict between the two principles.
The World Bank And Human Rights: Indispensable Partnership Or Mismatched Alliance?, Halim Moris
The World Bank And Human Rights: Indispensable Partnership Or Mismatched Alliance?, Halim Moris
ILSA Journal of International & Comparative Law
The recent escalation of human rights abuses around the world has led many to question the effectiveness of the current methods used to enforce and/or monitor human rights around the globe.
Hong Kong's Reintegration Into The People's Republic Of China, Anne M. Seibel --Executive Articles Editor, Stacy A. Feld --Editor In Chief
Hong Kong's Reintegration Into The People's Republic Of China, Anne M. Seibel --Executive Articles Editor, Stacy A. Feld --Editor In Chief
Vanderbilt Journal of Transnational Law
Every other year, the Vanderbilt Journal of Transnational Law presents a symposium on a current topic in international law and practice. This year's symposium, "Hong Kong's Reintegration into the People's Republic of China: Constitutional Issues, Policy Approaches & Human Rights Concerns and Economic & Legal Implications, was held at Vanderbilt University School of Law on March 28-29, 1997. Our goal was to provide a forum in which leading authorities on Hong Kong and China could come together and discuss constitutional, human rights, legal, and economic concerns surrounding the reintegration of Hong Kong into China.
The results of this Symposium have …
Will Hong Kong Be Successfully Integrated Into China? A Human Rights Perspective, Yu Ping
Will Hong Kong Be Successfully Integrated Into China? A Human Rights Perspective, Yu Ping
Vanderbilt Journal of Transnational Law
This Article explores the human rights forecast following Hong Kong's reintegration into China. The Article first reviews the British human rights record in Hong Kong, and explains why China was angered by last-ditch British political reform. It then explores the legal framework of Hong Kong, including the Sino-British Joint Declaration and the Basic Law of Hong Kong, and concludes that neither offers significant protection for human rights in Hong Kong. In particular, Chinese state security and state secrets laws are likely to be used to suppress political dissidents, journalists, international organizations, and other "foreign elements" in Hong Kong. The Article …
Selected Bibliography: The Reintegration Of Hong Kong Into China, Audrey E. Haroz, Jonathan R. Smith
Selected Bibliography: The Reintegration Of Hong Kong Into China, Audrey E. Haroz, Jonathan R. Smith
Vanderbilt Journal of Transnational Law
The reintegration of Hong Kong into the People's Republic of China (hereinafter P.R.C.) on July 1, 1997, brought together two countries, one capitalist and one communist, under one rule. As evidenced by the variety of perspectives offered at the Vanderbilt Journal of Transnational Law's Symposium on Hong Kong's Reintegration into the P.R.C., there is much scholarly debate concerning this merger and the effect it will have on the people and politics of both countries as well as on the international community.
An earlier version of this bibliography is included in the May 1997 issue of the Journal. This bibliography has …
South Africa's 1996 Choice On Termination Of Pregnancy Act, Audrey E. Haroz
South Africa's 1996 Choice On Termination Of Pregnancy Act, Audrey E. Haroz
Vanderbilt Journal of Transnational Law
South Africa's Bill of Rights is one of the most liberal and elaborate in the world. Consequently, South Africa is at the forefront of defining human rights for individuals, especially women. Concurrently, international law is slowly undergoing a reconceptualization of human rights documents and guarantees to define a more definitive, protective, and pro-active body of rights for women.
By upholding the constitutionality of the 1996 Abortion Act, South Africa can define its own Bill of Rights in liberal terms and ensure that the South African Constitution continues to receive a broad interpretation. A welcome result would be the improvement of …
The Elusive Quest For Global Justice, Edward B. Foley
The Elusive Quest For Global Justice, Edward B. Foley
Fordham Law Review
No abstract provided.
Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith, Iii
Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith, Iii
Fordham Law Review
No abstract provided.
The States And International Human Rights, Peter J. Spiro
The States And International Human Rights, Peter J. Spiro
Fordham Law Review
No abstract provided.
The Evolution And Implementation Of Minority Rights, David Wippman
The Evolution And Implementation Of Minority Rights, David Wippman
Fordham Law Review
No abstract provided.
Critical Race Feminism And International Human Rights, Adrien Katherine Wing
Critical Race Feminism And International Human Rights, Adrien Katherine Wing
University of Miami Inter-American Law Review
No abstract provided.
... And Justice For All: Normative Descriptive Frameworks For The Implementation Of Tribunals To Try Human Rights Violators, Gautam Rana
Vanderbilt Journal of Transnational Law
With the formation of the Bosnian and Rwandan War Crimes Tribunals, the international community has created a mechanism for the enforcement of human rights law for the first time since the Nuremburg and Tokyo War Trials. The efficacy of these tribunals, however, is in doubt. This Note proposes that only a few human rights are truly universal in nature and can be guaranteed by the international community. Furthermore, the political realities of the international system precludes the use of international tribunals against the more powerful nations of the international community. The Note concludes that by focusing on the human rights …
Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong
Faculty Articles
Because law and religion are by themselves complex cultural and historical issues, any study of the interaction between the two will be at least as complicated. If one is to understand both a State's current religio-legal regime and what reform measures are most likely to succeed there, it is necessary to understand at least a little of the nation's history and majority religion. Therefore, Part I of this article provides a brief sketch of the principles of the two majority religions at issue in this discussion and an overview of the history of both Israel and Iran. It explains why …
Human Rights Genealogy, Ruti Teitel
Protecting Human Rights Through A Constitutional Court: The Case Of South Africa, Brice Dickson
Protecting Human Rights Through A Constitutional Court: The Case Of South Africa, Brice Dickson
Fordham Law Review
No abstract provided.