Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Law
Toward An International Criminal Procedure: Due Process Aspirations And Limitations, Gregory S. Gordon
Toward An International Criminal Procedure: Due Process Aspirations And Limitations, Gregory S. Gordon
ExpressO
The breathtaking growth of international criminal law over the past decade has resulted in the prosecution of Balkan and Rwandan mass murderers, the development of a substantial body of atrocity law jurisprudence and the creation of a permanent International Criminal Court with jurisdiction over genocide, crimes against humanity, and war crimes. The growth of international criminal procedure, unfortunately, has not kept pace. Among its shortcomings, critics have pointed to lengthy pre-trial detention without a real possibility of provisional release, the use of affidavits and transcripts instead of live witnesses at trial, the absence of juries, and the right of prosecutorial …
International Law Happens: Executive Power, American Exceptionalism, And Bottom-Up Lawmaking, Janet K. Levit
International Law Happens: Executive Power, American Exceptionalism, And Bottom-Up Lawmaking, Janet K. Levit
ExpressO
This essay introduces “bottom-up transnational lawmaking” in the context of contemporary ideological and theoretical debates regarding the breadth and depth of executive power vis-à-vis international law. In an era of globalization, with a proliferation of transnational actors and regulatory instruments, the international lawmaking universe is disaggregating into multiple, sometimes overlapping, lawmaking communities. Neither the President nor others in the “political leadership” sits at the center of many of these communities. Thus, the nationalist critique of international law, rooted in an all-powerful executive who controls international law, creating it and using it instrumentally, in furtherance of the “national interest,” ignores a …
Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang
Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang
Indiana Journal of Global Legal Studies
Current legal responses to the problem of human trafficking often reflect a deep reluctance to address the socioeconomic root causes of the problem. Because they approach trafficking as an act (or series of acts) of violence, most responses focus predominantly on prosecuting traffickers, and to a lesser extent, protecting trafficked persons. While such approaches might account for the consequences of trafficking, they tend to overlook the broader socioeconomic reality that drives trafficking in human beings. Against this backdrop, this article seeks to reframe trafficking as a migratory response to current globalizing socioeconomic trends. It argues that, to be effective, countertrafficking …
Globalization And The Construction Of Universal Human Rights, Eric K. Leonard
Globalization And The Construction Of Universal Human Rights, Eric K. Leonard
Human Rights & Human Welfare
A review of:
The History of Human Rights: From Ancient Times to the Globalization Era by Micheline R. Ishay. Berkeley: University of California Press, 2004.
and
Constructing Human Rights in the Age of Globalization edited by Mahmood Monshipouri, Neil Englehart, Andrew J. Nathan and Kavita Philip. Armonk, N.Y.: M.E. Sharpe, Inc., 2003.
When Globalization Hits Home: International Family Law Comes Of Age, Barbara Stark
When Globalization Hits Home: International Family Law Comes Of Age, Barbara Stark
Vanderbilt Journal of Transnational Law
Not that long ago, international family law (IFL) referred to a series of multilateral conventions basically concerned with conflicts of law questions. It could be studied as part of a course on family law or as part of a course on conflicts of law. But IFL, or family law in which more than one State has an interest, has grown up and become a subject of its own. This is not merely a curricular development. Rather, it reflects and reinforces two of the most powerful trends of the last fifteen years: globalization and the spread of human rights. Globalization is …
In Plain Sight? Human Trafficking And Research Challenges, Austin Choi-Fitzpatrick
In Plain Sight? Human Trafficking And Research Challenges, Austin Choi-Fitzpatrick
Human Rights & Human Welfare
A review of:
In Modern Bondage: Sex Trafficking in the Americas. Edited by David E. Guinn and Elissa Steglich. Ardsley, NY: Transnational Publishers, 2003. 475pp.
Are Workers Rights Human Rights And Would It Matter If They Were?, Richard Mcintyre
Are Workers Rights Human Rights And Would It Matter If They Were?, Richard Mcintyre
Human Rights & Human Welfare
A review of:
Slaves to Fashion: Poverty and Abuse in the New Sweatshops by J.S. Ross. Ann Arbor: University of Michigan Press, 2004. 396pp.
and
Can Labor Standards Improve Under Globalization? by Kimberly Ann Elliott and Richard B. Freeman. Washington: Institute for International Economics, 2003. 175pp.