Law Commons^™

Lipstick On A Caterpillar? Assessing The New U.N. Human Rights Council Through Historical Reflection, Balakrishnan Rajagopal

Buffalo Human Rights Law Review

No abstract provided.

How Japan's Recent Efforts To Reduce Sex Trafficking Can Be Improved Through International Human Rights Enforcement Mechanisms: Fulfilling Japan's Global Legal Obligations, Kerry E. Yun

Buffalo Human Rights Law Review

No abstract provided.

The Kurds In Turkey: Eu Accession And Human Rights, Khurram Khan

Buffalo Human Rights Law Review

Book review of Kerim Yildiz's The Kurds in Turkey: EU Accession and Human Rights

Race Against Time, Sarah Feor

Buffalo Human Rights Law Review

Book review of Stephen Lewis' Race Against Time

Head Of State Criminal Responsibility For Environmental War Crimes: Case Study: The Arabian Gulf Armed Conflict 1990-1991, Meshari K. Eifan

Dissertations & Theses

This paper aims to provide a comparative study of the existing international criminal law framework and its relation to environmental protection during armed conflict. To approach this objective, the study will review the environmental crisis that occurred during the armed conflict in the Arabian Gulf in 1990-1991 as a case study for determining whether the international community adequately responds to these events.

Thus, this study is divided into five main parts. Part I assesses the justifications for a remedy, the criminal remedy, that is more adequate than the United Nations remedy taken toward Saddam Hussein’s actions against the environment, a …

Human Rights In China And The Rule Of Law, Xu Wenli

University of Richmond Law Review

No abstract provided.

September Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“The Other War: Iraq Vets Bear Witness” by Chris Hedges and Laila Al-Arian. The Nation, July 30, 2007.

Problematic Issues Concerning The Freedom Of Association And Group/Collective Rights In The Republic Of Armenia, Shavarsh Khachatryan

BYU Law Review

No abstract provided.

The Globalization Of Human Rights And The Socialization Of Human Rights Norms, Christopher Marsh, Daniel P. Payne

BYU Law Review

No abstract provided.

Time For A Treaty? The Legal Sufficiency Of The Declaration On The Elimination Of All Forms Of Intolerance And Discrimination, Carolyn Evans

BYU Law Review

No abstract provided.

Tolerance And Religious Freedom: The Struggle In Peru To Tolerate Multiple Cultures In Light Of Principles Of Religious Freedom, Carlos Valderrama Adriansen

BYU Law Review

No abstract provided.

Whistleblowing And The Employee’S Obligations Under The Contract Of Employment: A Critique Of Nigeria’S Position, Ibrahim Sule

Ibrahim Sule

Whistle-blowing as an emerging phenomenon may be defined as “passing on information from a conviction that it should be passed on despite (not because of) the embarrassment it could cause to those implicated” . It has recently been broadly defined as “a culture that encourages the challenge of inappropriate behavior at all levels” , ranging from financial scandal, corruption or mismanagement to health and safety issues in the workplace. Whistleblowing is both “a risky business” and a helpful practice. It is a risky business because of the dangers, the detriment and threats awaiting an employee who reveals wrongdoing in the …

Fitness For Trial In The District Court: The Legal Perspective, Darius Whelan

Darius Whelan

Who Intervenes And Why It Matters: The Problem Of Agency In Humanitarian Intervention, Eric A. Heinze

Human Rights & Human Welfare

The debate over humanitarian intervention has tended to focus on the conditions under which the resort to armed intervention is permissible while paying less attention to which actors are best suited to engage in such a complicated and demanding undertaking. The purpose of this paper is to explore characteristics that affect the ability of potential agents of humanitarian intervention to effectively undertake this operationally and politically demanding task. While the military wherewithal of the intervener is fundamental, I argue that a potential intervener’s legitimacy as an agent or enforcer of humanitarian norms is also crucial in determining whether and the …

Law In Times Of War: The Case Of Chechnya, Federico Sperotto

Human Rights & Human Welfare

In October 1999 “the second Chechen war” broke out. In December the Russian federal army started an operation to take control of Grozny. During the confrontation between the Federal forces and the Chechen separatists, serious human rights violations occurred. Several cases concerning violations of fundamental rights, in and around the city, have been brought before the European Court of Human Rights against Russia. The lawsuits concerned in particular physical integrity issues. This study provides some insights on the jurisprudence of the European Court on Human Rights in order to ascertain the adequacy of the mechanism of protection provided by the …

Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes

All Faculty Scholarship

No abstract provided.

Reparations: A Comparative Perspective, Fernanda G. Nicola

Articles in Law Reviews & Other Academic Journals

This article focuses on the treatment of reparations in recent jurisprudence of the European Court of Human Rights (ECHR) and the European Court of Justice (ECJ). In the so-called “prisoner cases,” Assanidze v. Georgia and Ilascu and Others v. Moldova and Russia, the ECHR moved beyond its previously limited approach to reparations by finding that continued detention of the lawsuit applicants would entail a prolonged violation of the Convention for the Protection of Human Rights and Fundamental Freedoms and then asking the States to immediately release the prisoners. The author then turns to ECJ immigration cases Zhu v. Sec’y of …

Reparations Of The Inter-American Human Rights System In Cases Of Gross And Systemic Violations Of Human Rights: The Colombian Case, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

The author uses the case of Colombia, a country with which the inter-American human rights system has dealt in the last twenty-five years, as an example to try to illustrate how the Inter-American Human Rights Commission and Inter-American Court for Human Rights have balanced the issue of remedies and reparations with the difficult task of repairing gross and systematic violations. The case of Colombia provides some insight on how international mechanisms are implemented in this region and, particularly, how some of Colombia’s official institutions and non-governmental organizations are trying to engage in a dialogue at the international level in order …

The Law Of International Disaster Response: Overview And Ramifications For Military Actors, David Fisher

International Law Studies

No abstract provided.

Disaster Response: Key Legal Issues For Us Northern Command, Kurt Johnson

International Law Studies

No abstract provided.

Full Volume 83: Global Legal Challenges: Command Of The Commons, Strategic Communications, And Natural Disasters

International Law Studies

No abstract provided.

Standard Setting In Human Rights: Critique And Prognosis, Makau Wa Mutua

Journal Articles

This article interrogates the processes and politics of standard setting in human rights. It traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. This article looks at how those norms are made, who makes them, and why. It focuses attention on the deficits of the international order, and how that order - which is defined by multiple asymmetries - determines the norms and the purposes they serve. It identifies areas for further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy …

Reparations: A Remedies Law Perspective, Darren L. Hutchinson

Articles in Law Reviews & Other Academic Journals

This article provides a general overview of reparations discourse in the United States and offers suggestions concerning how advocates of reparations might frame their claims. The author discusses how remedies law might be a useful means of redress for litigants and examines some of the political and legal barriers to reparations in the United States. The barriers include the failure of opponents to treat remedies for gross human rights or civil rights deprivations as a public good, rather than as a series of private transactions that benefit or burden individuals. The author ultimately sets the litigation model aside as providing …

Christina M. Cerna On The Un International Criminal Tribunals, The Former Yugoslavia, Rwanda And Sierra Leone By William A. Schabas. New York, Cambridge University Press, 2006. 711 Pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

The UN International Criminal Tribunals, The former Yugoslavia, Rwanda and Sierra Leone by William A. Schabas. New York, Cambridge University Press, 2006. 711 pp.

Elisabeth King On Researching Conflict In Africa : Insights And Experiences. Edited By Elisabeth Porter, Gillian Robinson, Marie Smyth, Albrecht Schnabel, And Eghosa Osaghae. New York : United Nations University Press, 2005. 160pp., Elisabeth King

Human Rights & Human Welfare

A review of:

Researching Conflict in Africa : Insights and Experiences. Edited by Elisabeth Porter, Gillian Robinson, Marie Smyth, Albrecht Schnabel, and Eghosa Osaghae. New York : United Nations University Press, 2005. 160pp.

August Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“How China's Support of Sudan Shields a Regime Called 'Genocidal'" by Danna Harman. Christian Science Monitor. June 26, 2006.

Luncheon Address International Legal Public Diplomacy, John B. Bellinger Iii

International Law Studies

No abstract provided.

Reparations: A Remedies Law Perspective, Darren Hutchinson

Darren L Hutchinson

This article provides a general overview of reparations discourse in the United States and offers suggestions concerning how advocates of reparations might frame their claims. The author discusses how remedies law might be a useful means of redress for litigants and examines some of the political and legal barriers to reparations in the United States. The barriers include the failure of opponents to treat remedies for gross human rights or civil rights deprivations as a public good, rather than as a series of private transactions that benefit or burden individuals. The author ultimately sets the litigation model aside as providing …

The Grand Inquisitors, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano