Law Commons^™

The Questionable Grounds Of Objections To Proselytism And Certain Other Forms Of Religious Expression, Paul M. Taylor

BYU Law Review

No abstract provided.

Modern Condottieri In Iraq: Privatizing War From The Perspective Of International Human Rights Law, Antenor Hallo De Wolf

Indiana Journal of Global Legal Studies

No abstract provided.

Richard Burchill On The Practice And Procedure Of The Inter-American Court Of Human Rights By Jo M. Pasqualucci. Cambridge: Cambridge University Press, 2003. 488pp., Richard Burchill

Human Rights & Human Welfare

A review of:

The Practice and Procedure of the Inter-American Court of Human Rights by Jo M. Pasqualucci. Cambridge: Cambridge University Press, 2003. 488pp.

Full Volume 80: Issues In International Law And Military Operations

International Law Studies

No abstract provided.

Is Humanity Enough? The Secular Theology Of Human Rights, Peter Fitzpatrick

Human Rights & Human Welfare

© Peter Fitzpatrick. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

Litigating Child Recruitment Before The Special Court For Sierra Leone, Noah B. Novogrodsky

San Diego International Law Journal

In May 2004, the Special Court for Sierra Leone issued a landmark decision finding that an individual may be held criminally responsible for the offense of recruiting child soldiers into armed conflict. As a hybrid tribunal established by the United Nations and the Government of Sierra Leone to try those who "bear the greatest responsibility" for serious violations of international humanitarian law committed during the country's civil war after November 1996, the Special Court is the first international criminal body to indict a person for the crime of recruiting and employing children in war. The decision in the case of …

The Obligation To Use Force To Stop Acts Of Genocide: An Overview Of Legal Precedents, Customary Norms, And State Responsibility, Joshua M. Kagan

San Diego International Law Journal

Though the Genocide Convention was created to "liberate mankind from [the] odious scourge" of genocide, the dreams of its drafters have still not come to fruition. The commission of genocide, widely considered the most appalling of all crimes, did not end with the signing and ratification of the Convention in 1948. Genocide continues in the world today. While its sentiments were noble and its aims commendable, the Genocide Convention as it is interpreted and applied today is insufficient to stop the commission of genocide in the world. In order to rid the world of this crime, a new interpretation of …

Brief Of The University Of Toronto International Human Rights Clinic As Amicus Curiae To The Special Court For Sierra Leone, Noah B. Novogrodsky

San Diego International Law Journal

This brief addresses three questions: 1) the illegality of recruiting child soldiers into armed conflict; 2) the application of penal sanctions in international humanitarian law; and 3) the proper application of the principle of nullum crimen sine lege. Part I of our argument will establish that the recruitment of children into armed conflict is and was unquestionably a violation of international humanitarian law at the time the alleged offences took place. Part II will explain when international law permits prosecution of violations of international humanitarian law irrespective of whether penal sanctions are attached. Amici conclude that such prosecutions are permitted …

Christiane Wilke On Global Justice Or Global Revenge? International Criminal Justice At The Crossroads By Hans Köchler. New York: Springer, 2003., Christiane Wilke

Human Rights & Human Welfare

A review of:

Global Justice or Global Revenge? International Criminal Justice at the Crossroads by Hans Köchler. New York: Springer, 2003.

Law Of Assembly In The People's Republic Of China, Kam C. Wong

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Leaving Guantánamo: The Law Of International Detainee Transfers, Robert M. Chesney

University of Richmond Law Review

No abstract provided.

Something's Happening Here: Children And Human Rights Jurisprudence In Two International Courts, Bernardine Dohrn

Nevada Law Journal

No abstract provided.

Christina M. Cerna On The Torture Papers: The Road To Abu Ghraib. Edited By Karen J. Greenberg And Joshua L. Dratel. Cambridge, Ma: Cambridge University Press, 2005. 1249 Pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

The Torture Papers: The Road to Abu Ghraib. Edited by Karen J. Greenberg and Joshua L. Dratel. Cambridge, MA: Cambridge University Press, 2005. 1249 pp.

Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Maria Perinetti, Susan L. Pollet, Meredith S. Salvaggio

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Gender-Based War Crimes: Incidence And Effectiveness Of International Criminal Prosecution, Andrea R. Phelps

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Role Of Women In Peacekeeping And Peacemaking: Devising Solutions To The Demand Side Of Trafficking, Connie De La Vega, Chelsea E. Haleynelson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Human Rights In Guatemala, Jennifer Archibald

Human Rights & Human Welfare

Thirty six years of civil war affected human rights negatively in Guatemala. Many actors that violated human rights were also victims of human rights violations; a complex series of events that has still not been fully resolved today.

Examining The Declining Utility Of Military Force, Ali Wyne

Human Rights & Human Welfare

A review of:

The New American Militarism: How Americans Are Seduced by War by Andrew J. Bacevich. Oxford: Oxford University Press, 2005. 270pp.

The Limits Of Intervention—Humanitarian Or Otherwise, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Dark Sides of Virtue: Reassessing International Humanitarianism by David Kennedy. Princeton: Princeton University Press, 2004. 400 pp.

and

At the Point of a Gun: Democratic Dreams and Armed Intervention by David Rieff. New York: Simon & Schuster, 2005. 288 pp.

Finding The Winning Combination: How Blending Organ Procurement Systems Used Internationally Can Reduce The Organ Shortage, Sarah E. Statz

Vanderbilt Journal of Transnational Law

The shortage in transplantable organs worldwide not only leads to unnecessary death, but also to grave human rights abuses through illegal methods of procuring organs. The shortage leads some desperate to find an organ through any possible means, including purchasing an organ on the black market. The system for procuring organs in the United States is based on altruism, where potential donors have to opt in to the system in order for their organs to be donated. This creates issues at the time of death for medical professionals or the next of kin to decide whether their patient or loved …

Female Refugees: Re-Victimized By The Material Support To Terrorism Bar, Kara Beth Stein

McGeorge Law Review

No abstract provided.

Regional Projects Require Regional Planning: Human Rights Impacts Arising From Infrastructure Projects, Abby Rubinson

Michigan Journal of International Law

Regional projects require regional planning to avoid potentially disastrous environmental and human rights abuses. Focusing on the Rio Madeira project in Brazil as a case study in the impacts of infrastructure projects, this Note identifies the harm anticipated from these projects and highlights the need for verification of official predictions of such harm. It then proceeds to a legal analysis, addressing the applicable international law, Brazilian law, and regional legal frameworks and outlining the negative legal consequences arising from inadequate impact assessments. In light of these negative legal implications, the Note concludes by illustrating the need to proceed with planning …

The Universal Declaration On Bioethics And Human Rights: Promoting International Discussion On The Morality Of Non-Therapeutic Research On Children, Anna Gercas

Michigan Journal of International Law

After describing the Declaration and its drafting history, this Note will summarize several international, national, and regional guidelines regarding children as research subjects. The Note then argues for a prohibition of non-therapeutic research on children and concludes that international human rights law offers the most appropriate basis for the development of regulations on human experimentation.

Incrementalism, Ideology And Social Choice: Should The United States Ratify The U.N. Convention On The Rights Of The Child - A Practical Perspective, Cleveland Ferguson Iii

Florida A & M University Law Review

No abstract provided.

Children As Victims Of Structural Violence, Kent

Societies Without Borders

Structural violence is harm imposed by some people on others indirectly, through the social system, as they pursue their own preferences. Its effects are clear in the massive mortality of children. More than ten million children die before their fifth birthdays every single year. For most children, the immediate cause of death is a combination of malnutrition and ordinary diseases such as diarrhea, malaria, and measles. Given adequate resources, such diseases are readily managed. The limited allocation of resources to meeting children's needs is due more to the ways in which available resources are used than to the absolute shortage …

From Scientists To Merchants: The Transformation Of The Pharmaceutical Industry And Its Impact On Health, Ugalde, Núria Homedes

Societies Without Borders

The number of innovative drugs reaching the market has decreased steadily during the last several years to a handful per year. At the same time, the amount of resources allocated by the pharmaceutical industries to promotion and marketing has increased at a faster pace than those allocated to research and development of new products. The paper presents the hypothesis that for the large corporations, the production of me-too drugs is more profitable than to invest in research and development of innovative products. Gaining a market share of me-too drugs requires large investments in promotion and marketing, one result of which …

Towards A Simple Typology Of Racial Hegemony, Coates

Societies Without Borders

Racial Hegemony, a concept developed by Omi and Winant, provides a critical tool for evaluating the modern racial state. This paper explores this tool and offers some enhancements. These enhancements, recognizing that one size does not fit all, identify different hegemonic types associated with different racial states. Implications are drawn which suggests that our efforts toward evaluating, transforming, and/or eliminating racial hegemonies are best accomplished by understanding the variations of racial hegemonies.

Human Rights Dialogues, Sahle, Ollen Mwalubunju

Societies Without Borders

In this conversation Ollen Mwalubunju discusses the politics of exile, the rise of Malawi's popular movement in the early 1990s and its legacies. Further, Mwalubunju discusses at length the struggle by civil society groups to deepen the democratic space that has emerged since the demise of the postcolonial authoritarian regime in 1994. Finally, Mwalubunju reflects on the tensions and complexity of his work as a social activist and the difficulties of promoting the respect and protection of human rights in the current global political and economic conjuncture. This conversation took place in January 2006.

An American Dilemma Of The 21st Century?, Wallerstein

Societies Without Borders

In 1941, Henry Luce proclaimed the twentieth century the American Century. And in 1944, Gunnar Myrdal wrote of the American dilemma, the discrepancy between its values and the actual treatment of Black Americans. In the post-1945 period, the need of a hegemonic United States to project a positive world image led to major improvements in the position of Black Americans – an improvement however primarily for educated elites and much less for the Black working-class strata. In the period since 1970, U.S. power has been on the decline, which has caused increased internal tensions in the U.S. This intersects with …

Empowering "Foreign Brides" And Community Through Praxis-Oriented Research, Hsia

Societies Without Borders

Through the author's direct participation in the empowerment of the "foreign brides" and in a rural community, which are both stigmatized in the mainstream Taiwan society, this paper discusses the theories and methods of praxis-oriented research, and its implication to social studies. This paper illustrates how the concepts and techniques of the "theater of the oppressed" can be combined with "pedagogy of the oppressed" to break through the "culture of silence" of the oppressed, develop their critical awareness, and help the women organize themselves for social transformation. It is proposed that praxis-oriented research can achieve more sophisticated research results, because …