Law Commons^™

Hannah Arendt In A Global Age: Political Evil And International Theory, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Political Evil in a Global Age: Hannah Arendt and International Theory. By Patrick Hayden. New York: Routledge, 2009. 145 pp.

A Reply To David Richards’ Review Of Measuring Human Rights, Todd Landman, Edzia Carvalho

Human Rights & Human Welfare

Professor Richards highlights, in his generous review of our book Measuring Human Rights that one of the aims of the book is to bring to the forefront the importance of conceptualization before operationalization – that conceptual clarity (or lack of it) is at the heart of the problems concerning the measurement of human rights. He draws out three key issues from the book as the springboard for further discussion on measurement of the concept – a) the “Respect, Protect and Fulfill” (RPF) framework, b) the lack of reliable data sources, and c) the conceptual links between human rights, human development, …

From “Iron Fist” Policies To Comprehensive Social Intervention, Claudia Heiss

Human Rights & Human Welfare

The latest effort by Brazilian authorities to control crime in Rio's favelas confronts us with several complex questions regarding democracy, the rule of law, and civil-military relations, not only in this case, but throughout Latin America. What conclusions can we derive from the military and police interventions in Rio about the state of affairs of these third-wave democracies?

Imagining A Right To Housing, Lying In The Interstices, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This article explores whether the philosophical and constitutional predicates for the recognition of a right to housing exist in some form in our nation’s jurisprudence and political order. Part II traces the evolution of the concept of “rights” from that embraced by the country’s founders to the present, how such a right to housing would fit within the dialogue of property rights, the notion of ownership, and the interest in liberty. Part III discusses the historical role of the court in protecting housing. Part IV discusses the notion of protecting rights to housing under existing equal protection and due process …

Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie

Articles, Book Chapters, & Popular Press

Both domestic and international laws regarding the extradition of fugitive criminal offenders are in a state of flux throughout the world. The current legal landscape reflects tension between the interest of state authorities in promoting “security,” on the one hand, and increasing recognition that human rights obligations are at play, on the other. Gary Botting’s book, Extradition Between Canada and the United States, successfully addresses this tension by way of a detailed examination of what is probably the most integrated extradition partnership outside the European Union.

Use Of Comparative Law In Determining The Customary International Law Of Human Rights, Kenneth S. Gallant

Faculty Scholarship

Comparative law method is essential to determining the customary international law status of rules of human rights law. Doing the hard, detailed work of comparative law is necessary if we are to give up on the unfortunate tendency to make overly broad, unsupported claims that wide varieties of human rights have passed into customary international law.

The traditional use of only interstate practice in determining rules of customary international law is insufficient where the rules concern relationships between states and individuals, especially their own nationals. This, however, is the essence of human rights law.

Comparative law techniques allow, and are …

Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.

"By Some Other Means": Considering The Executive Role In Fostering Subnational Human Rights Compliance, Risa E. Kaufman

Human Rights Institute

The broad realization of human rights domestically requires strong partnership among all levels of government. Indeed, international and domestic law support an important role for state and local governments in implementing the United States’ human rights treaty commitments, with the federal government retaining ultimate responsibility. While the federal government’s responsibility is clear, its options for fostering and facilitating subnational compliance have not been fully explicated. United States’ human rights treaty ratification practices and recent Supreme Court jurisprudence primarily constrain the Executive’s ability to compel state and local compliance without congressional authorization. In the absence of such congressional action, the Executive …

The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López

Articles

No abstract provided.

Circumcision Or Mutilation - Voluntary Or Forced Excision - Extricating The Ethical And Legal Issues In Female Genital Ritual, Obiajulu Nnamuchi

Journal of Law and Health

This Article consists of seven sections. Following the introduction, Part II reconstructs the debate as to whether Female Genital Ritual is a legitimate cultural practice or a human rights violation, and it sets forth the major arguments. Part III delves into, and debunks, the moral relativist argument regarding FGR. Part IV seeks to determine whether FGM is evil. A foray into the theory of evil, the section draws critical distinctions between FC and FGM and explains why the distinctions are of paramount moral importance. Part IV also concludes that FGM is evil, and thus, among the issues related to the …

China’S ‘Attitude’ Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang

Articles

China observers in the United States generally share two observations on China today: that China has made impressive progress in economic development in the past three decades, and that China has maintained a poor human rights record since the 1989 Tiananmen Massacre. On the economic front, China overtook Japan and became the second largest economy in 2010. In a joint study with China's Development Research Center of the State Council, the World Bank recently predicted that even if the Chinese economy grows a third as slowly in the future, it will outstrip the United States in terms of overall GDP …

The Catholic Church, Human Rights, And Democracy: Convergence And Conflict With The Modern State, Paolo G. Carozza, Daniel Philpott

Journal Articles

This book chapter traces the history of the Catholic Church's relationship to the modern state, focusing on the idea of sovereignty and the development of human rights and democracy. It argues that the Catholic Church's relationship to human rights and democracy in the modern world can only be understood as reflective of both a historical convergence and a persistent tension and ambivalence. The first part argues for this dual theme in the development of Catholic doctrine, where today, as over the past several centuries, the Church's conception of the common good yields both an embrace of human rights and democracy …

Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen J. Powell, Trisha Low

UF Law Faculty Publications

As World Trade Organization ("WTO") Members relentlessly pursue new regional trade agreements to achieve even faster economic growth than the extraordinary numbers posted by global trade rules, the smaller number of parties and their greater cultural affinity have led negotiators to address the intersection of trade and human rights to an extent unparalleled in the culturally disparate and near-unmanageable, 150-plus member WTO itself. These new provisions have used trade's huge power to improve worker rights, secure environmental protections, and make initial inroads toward defending indigenous populations from trade's adverse effects. Employing the perspectives both of trade negotiators and students of …

Theater Of International Justice, Jessie Allen

Articles

In this essay I defend international human rights tribunals against the charge that they are not “real” courts (with sovereign force behind them) by considering the proceedings in these courts as a kind of theatrical performance. Looking at human rights courts as theater might at first seem to validate the view that they produce only an illusory “show” of justice. To the contrary, I argue that self-consciously theatrical performances are what give these courts the potential to enact real justice. I do not mean only that human rights tribunals’ dramatic public hearings make injustice visible and bring together a community …

Region Codes And Human Rights, Molly Land

Molly K. Land

No abstract provided.

#Ict4hr—Information And Communication Technologies For Human Rights, Molly Land, Patrick Meier, Mark Belinsky, Emily Jacobi

Molly K. Land

No abstract provided.

Access To Health Information Under International Human Rights Law, Molly Land

Molly K. Land

This article discusses whether and, if so, to what extent states are obligated under international treaty law to provide individuals, lay healthcare providers, professional healthcare providers, and policymakers with appropriate health information. The article concludes that health information is an essential component of many identified and established human rights. States party to treaties such as the International Covenant on Civil and Political Rights must provide and guarantee access to health information. Appropriate health information fosters meaningful social and political participation and ensures that individuals achieve and enjoy the rights afforded to them by international human rights law. This article provides …

Rebalancing Trips, Molly K. Land

Molly K. Land

In recent years, global intellectual property scholarship has been preoccupied with “rehabilitating” the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). With some distance from the polarizing rhetoric that accompanied the early years of TRIPS, contemporary accounts laud the treaty as far more flexible and sensitive to the needs of developing countries than had previously been believed. This article argues that, contrary to these accounts, the fears of developing countries concerning TRIPS have indeed been realized—just not in the manner they imagined at the time of its conclusion. Although TRIPS does contain significant flexibilities, states have largely failed to take …

Екологізація Міжнародного Права Крізь Призму Екологічних Прав Людини | Ecologisation Of International Law Through The Prism Of Environmental Human Rights, Timur R. Korotkiy

Timur R. Korotkiy

Короткий Т. Р. Екологізація міжнародного права крізь призму екологічних прав людини / Т. Р. Короткий // Актуальні проблеми політики : зб. наук. пр. / редкол.: С. В. Ківалов (голов. ред.), Л. І. Кормич (заст. голов. ред.), М. А. Польовий (відп. секр.) [та ін.] ; НУ «ОЮА», Південноукр. центр гендер. проблем. – Одеса, 2012. – Вип. 44. – С. 130-143. In the article analyzed the tendencies the ecologisation of international law through the prism of environmental human rights. Characterized the content of environmental-legal norms of international law and relationships of environmental human rights and international environmental law. В статті проаналізовані тенденції …