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Full-Text Articles in Law
Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza
Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza
Journal Articles
Virtually all of Mary Ann Glendon's work can be seen as part of a persistent effort to open some windows in the edifice of American law and allow cross-currents of foreign experience to blow fresh insight into the rooms of our republic. In her critique of contemporary strains of rights discourse in the United States, she makes the case against American insularity quite directly: "In closing our own eyes and ears to the development of rights ideas elsewhere, our most grievous loss is ... the kind of assistance ... that can be gained from observing the successes and failures of …
The Federal Common Law Of Universal, Obligatory, And Definable Human Rights Norms, Derek P. Jinks
The Federal Common Law Of Universal, Obligatory, And Definable Human Rights Norms, Derek P. Jinks
ILSA Journal of International & Comparative Law
International law is part of United States law. Indeed, international law - or the "law of nations" in eighteenth century parlance - has been considered part of United States law since the founding. The Judiciary Act of 1789, the enabling legislation of Article III, establishes federal court jurisdiction over torts committed in violation of the law of nations.
Challenges For An Independent Asian Human Rights Commission, Bina D'Costa
Challenges For An Independent Asian Human Rights Commission, Bina D'Costa
ILSA Journal of International & Comparative Law
While there exists a solid body of principles and a wide-ranging and growing number of institutions currently working to promote and protect human rights in Asia, there have unfortunately been few consolidated regional efforts for legal enforcement against violations. An Asian Human Rights Commission is the most logical and sought after body for this purpose.
Reconsidering The Israeli Courts' Application Of Customary International Law In The Human Rights Context, Leonard M. Hammer
Reconsidering The Israeli Courts' Application Of Customary International Law In The Human Rights Context, Leonard M. Hammer
ILSA Journal of International & Comparative Law
Discussions regarding the problem of identifying customary international law have essentially focused on two principal issues.
Pleadings And Authorities, Arden
Pleadings And Authorities, Arden
ILSA Journal of International & Comparative Law
Under customary international law, criminal defendants have a fundamental right to a fair trial.