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Full-Text Articles in Law

Genocide Denial And The Law: A Critical Appraisal, Paul Behrens Apr 2015

Genocide Denial And The Law: A Critical Appraisal, Paul Behrens

Buffalo Human Rights Law Review

Genocide denial carries particular relevance for international law: it is the negation of international crimes, and it can prepare the ground for new crimes of this kind. But its criminalization raises concerns as well. The danger of a clash with human rights, particularly with the freedom of ex- pression, cannot be dismissed lightly. This article explores reasons for and repercussions of the criminalization of denial. It also investigates alterna- tives, including the use of truth and reconciliation, and evaluates methods that focus on direct confrontation of the deniers.


Human Rights In Nigeria's External Relations: Exigency, Methods, And Rebuttable Objections, Philip C. Aka Apr 2015

Human Rights In Nigeria's External Relations: Exigency, Methods, And Rebuttable Objections, Philip C. Aka

Buffalo Human Rights Law Review

No abstract provided.


Aiding Transitional Justice In Solomon Islands, Nicole Dicker Apr 2015

Aiding Transitional Justice In Solomon Islands, Nicole Dicker

Buffalo Human Rights Law Review

Overall in Solomon Islands, foreign aid donors have neither engaged effectively with transitional justice itself nor leveraged transitional justice in support of broader development outcomes. Transitional justice in Solomon Islands responds to the five-year period of violent civil conflict, the Tensions, which devastated the Pacific Island nation of Solomon Islands from 1998 to 2003. The Tensions resulted in the deaths of an estimated 200 people and left some 35,000 people displaced; many suffered abductions, illegal detentions, torture and ill-treatment, sexual violence, and property violations. To remedy past human rights abuses, several transitional justice measures have been implemented in Solomon Islands, …


What Is The Future Of Transitional Justice?, Makau Wa Mutua Mar 2015

What Is The Future Of Transitional Justice?, Makau Wa Mutua

Journal Articles

This piece explores and critiques the project of transitional justice. It has been more than a quarter of a century since transitional justice burst onto the global stage. Over the years it has come to be billed as a panacea for addressing deeply embedded social and political dysfunction after periods of mass repression and violence. Many theorists and policy makers have argued that it is a key bridge to sustainable peace, democracy and human rights. But the historical record is not clear about a direct causal relationship between transitional justice mechanisms and specific outcomes in post-conflict societies. In some cases, …


Human Rights Provisions In Free Trade Agreements: Do The Ends Justify The Means?, Meredith Kolsky Lewis Jan 2015

Human Rights Provisions In Free Trade Agreements: Do The Ends Justify The Means?, Meredith Kolsky Lewis

Journal Articles

Numerous Free Trade Agreements (FTAs) contain provisions imposing human rights-related obligations, particularly in the case of agreements between the European Union and a developing country (often a former colony). Such obligations often consist of hortatory “best endeavors” language rather than legally binding provisions. Even the small number of provisions that are binding are very rarely enforced. Furthermore, even if an FTA features human rights-related provisions, it may contain other terms that have negative implications for human rights. Thus, including human rights provisions in FTAs will not necessarily result in better human rights outcomes. There are additional reasons to be cautious …