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The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet
The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet
Pace Law Review
Compared to other Western democracies, references to “human rights” are rare in domestic American law. A survey of landmark Supreme Court cases reveals that both conservative and liberal Justices made no mention of “human rights” when addressing fundamental questions: racial segregation, the death penalty, prisoners’ rights, women’s rights, children’s rights, gay rights, and indefinite detention at Guantanamo. This absence illustrates a broader societal trait. In the United States, “human rights” commonly evoke foreign problems like abuses in Third World dictatorships—not domestic problems. By contrast, human rights play a relatively important role as a domestic principle in Europe, Canada, Australia, and …
Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt
Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt
International Law Studies
This article examines the geographical reach of international humanitarian law (law of armed conflict), particularly during armed conflicts between States and non-State organized armed groups. The issue is operationally critical, since to the extent that IHL applies, practices which are lawful during armed conflicts, such as status-based targeting, may be employed. When IHL does not apply, human rights obligations shouldered by the State govern the conduct of its military operations. The article surveys the various approaches to the the legal geography of non-international armed conflict, arguing that an interpretation by which IHL is not geographically restricted is the most supportable.
Undocumented Migrants And The Failures Of Universal Individualism, Jaya Ramji-Nogales
Undocumented Migrants And The Failures Of Universal Individualism, Jaya Ramji-Nogales
Vanderbilt Journal of Transnational Law
In recent years, advocates and scholars have made increasing efforts to situate undocumented migrants within the human rights framework. Few have examined international human rights law closely enough to discover just how limited it is in its protections of the undocumented. This Article takes that failure as a starting point to launch a critique of the universal individualist project that characterizes the current human rights system. It then catalogues in detail the protections available to undocumented migrants in international human rights law, which are far fewer than often assumed. The Article demonstrates through a close analysis of relevant law that …