Law Commons^™

Separatism And The Democratic Entitlement, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Looking Past The Human Rights Committee: An Argument For De-Marginalizing Enforcement, Makau Wa Mutua

Journal Articles

No abstract provided.

Fundamental Rights, Moral Law, And The Legal Defense Of Life In A Constitutional Democracy, Martin Rhonheimer, Paolo G. Carozza

Journal Articles

Article by Martin Rhonheimer, translated by Paolo G. Carozza.

Endangered Species Wannabees, John Copeland Nagle

Journal Articles

Environmental law and theories of statutory interpretation have developed side by side in the United States during the past twenty-five years. Many of the leading environmental law cases are also statutory interpretation cases. China is different. China has enacted many environmental statutes, often patterned after foreign laws such as those in the United States, but there are no Chinese environmental law statutory interpretation cases.

This article examines why there are no such cases, and what we may learn from that fact. I am indebted to the work of Professor Stewart, whose engaging article in this symposium issue combines three of …

Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza

Journal Articles

Virtually all of Mary Ann Glendon's work can be seen as part of a persistent effort to open some windows in the edifice of American law and allow cross-currents of foreign experience to blow fresh insight into the rooms of our republic. In her critique of contemporary strains of rights discourse in the United States, she makes the case against American insularity quite directly: "In closing our own eyes and ears to the development of rights ideas elsewhere, our most grievous loss is ... the kind of assistance ... that can be gained from observing the successes and failures of …

Progress For Pilgrims: An Analysis Of The Holy See-Israel Fundamental Agreement, Geoffrey R. Watson

Scholarly Articles

This Article asks whether international human rights law obliges states to admit foreign pilgrims, and if so, whether the existence of such an obligation should influence interpretation of the Fundamental Agreement. Part I of this Article takes up a logically prior question: whether the Fundamental Agreement is a legally binding treaty, and whether it should be interpreted in accordance with treaty law. The Article rejects recent suggestions that one or both parties lack the capacity to make treaties, and it concludes that the Agreement is a binding treaty that should be interpreted in accordance with the Vienna Convention on the …

The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand

Michigan Journal of International Law

On the night of May 2, 1997, some twenty-five abandoned Serb houses were set on fire in the Croat-controlled municipality of Drvar, part of the Muslim-Croat Federation of Bosnia and Herzegovina. It was clear from all the circumstances that Croats organized the arson of houses in Drvar to obstruct the return of the original Serb residents to the area. Croat authorities then made a concerted effort to resettle displaced Croats in Drvar in order to solidify a stretch of "ethnically-pure" territory adjacent to the Republic of Croatia. These displaced Bosnian Serbs are just a few of the estimated 2.3 million …

The State And The Post-Cold War Refugee Regime: New Models, New Questions, Julie Mertus

Michigan Journal of International Law

The thesis of this essay is that within the refugee regime the move away from states and adherence to states are two sides of the same coin. To some degree the new refugee regime reflects the trend away from both the state and strict notions of sovereignty. Nonetheless, the new regime also exposes the staying power of the statist paradigm. In many respects, the role of states has indeed been altered, but states have retained their role as important and often essential actors. While other observers have commented on specific geographic or thematic changes in the refugee regime, this essay …

Concretizing Human Rights, Laurence R. Helfer

Faculty Scholarship

reviewing Francisco Forest Martin et al., International Human Rights Law and Practice: Cases, Treaties and Materials (1997)

Codification Des Regles Internationales Relatives Aux Personnes Deplacees A L'Interieur De Leur Pays: Un Domaine Ou Les Considerations Touchant Aux Droits De L'Homme Et Au Droit Humanitaire Sont Prises En Compte, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Tadić, The Anonymous Witness And The Sources Of International Procedural Law, Natasha Affolder

All Faculty Publications

On May 7, 1997, Trial Chamber II of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia released its verdict in its first trial. While the proceedings of the International Tribunal were commended for their fairness, criticism quickly erupted as a result of the Trial Chamber's decision to allow anonymous testimony to be used in the Tadic trial. This article explores the Trial Chamber's decision to allow the use of anonymous testimony as a protective measure. It focuses on the challenge of defining the sources …

Rhetoric And Rage: Third World Voices In International Legal Discourse, Karin Mickelson

All Faculty Publications

This paper sets out to question the conventional view of the Third World and international law, which tends to characterize Third World legal discourse as ad hoc and reactive. It considers whether it might be possible to identify "distinctive modes of thought and analysis" characteristic of a Third World approach to international law. In her analysis, the author begins by exploring various usages of the term "Third World," and explains the way in which it is used in this paper. She then sketches out Third World approaches to the subject areas of international economic law, human rights and the environment, …

Book Review: Lessons From Reconstruction For Libertarians: Betrayal And Illusion In The Struggle For Real Equality No Easy Walk To Freedom: Reconstruction And The Ratification Of The Fourteenth Amendment By James E. Bond, Henry W. Mcgee, Jr.

Seattle University Law Review

With regard to the struggles of the newly freed slaves, Dean Bond's study of the Reconstruction legislatures endorses the views of contemporary historians. These historians do not blame the freedman for failure to forge lasting instruments of liberation, instruments that might have transformed the formal equality promised by emancipation into a social order free of the stigmatizing racial oppression upon which American slavery, segregation, and racial oppression has been premised. Diligently researched and written, the book is of significant interest because of the coincidence of the author's empathy with Afro-Americans and his unwavering and unequivocal affirmation of racial equality, principles …

Marriage Contracts And The Family Economy, Katharine B. Silbaugh

Faculty Scholarship

One simplified view of contract law is that the state enforces private bargains without looking into the substance of those bargains. From this contractual perspective marriage might look like a contract to exchange services and goods: love, money, the ability to have and raise children, housework, sex, emotional support, physical care in times of sickness, entertainment and so forth. But when the parties to a marriage put these terms in writing, courts only enforce the provisions governing money. This contract/family law rule of selective enforcement disproportionately benefits those who bring more money to a marriage, who are more likely to …

Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights: Introduction, Catherine Powell

Faculty Scholarship

As we celebrate the Fiftieth Anniversary of the Universal Declaration of Human Rights, the idea of human rights endures. The human rights idea was honored at a conference organized by the Association of the Bar of the City of New York, held at Fordham Law School on December 10-12, 1999, to commemorate the first fifty years of the Universal Declaration of Human Rights. The four pieces that follow were presented at the conference as part of a panel addressing one of the central philosophical concerns regarding the human rights project: its universality. While the panel's title, "What is a Human …

Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout

Faculty Scholarship

The Offenses Clause of the United States Constitution gives Congress the authority to "define and punish... Offences against the Law of Nations." This Note considers whether Congress must conform to the jurisdictional rules of customary international law when legislating pursuant to the Offenses Clause.

Regarding Rights: An Essay Honoring The Fiftieth Anniversary Of The Universal Declaration Of Human Rights Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights, Tracy E. Higgins

Faculty Scholarship

The half-century since the drafting of the Universal Declaration of Human Rights' has been famously heralded as the "Age of Rights" and the concept of human rights described as "the only political-moral idea that has gained universal acceptance." During the same period, however, both terms defining the subject-human and rights-have become increasingly contested. Informed by the emergence of identity-based political movements, critics have attacked the category human has as bearing the baggage of Western Enlightenment assumptions about personhood and community, inherently racist, sexist, and classist. Theorists across the political spectrum have criticized the concept of rights as indeterminate, destructive of …

International Legal Community Makes Strides In Developing International Norms For Protecting And Assisting Internally Displaced Persons, Ellen B. Zeisler

Human Rights Brief

No abstract provided.

Human Rights And Health Care Reform: Lessons For The Former Soviet Union, David F. Chavkin

Human Rights Brief

No abstract provided.

News From The International War Crimes Tribunals, Ewen Allison

Human Rights Brief

No abstract provided.

Field Report: The Challenge Presented By The Arab Palestinian Minority In Israel, Jamil Dakwar

Human Rights Brief

No abstract provided.

Trends: Lesbian And Gay Rights In Zimbabwe, Leane Renée

Human Rights Brief

No abstract provided.

Child Soldiers: An Analysis Of The Violations Of The Rights Of The Child, Rajeev Purohit

Human Rights Brief

No abstract provided.

Book Review: In Search Of Hidden Truths, Sarah Paoletti

Human Rights Brief

No abstract provided.

State Department Dishonored Our Treaty Obligations, Richard J. Wilson

Human Rights Brief

No abstract provided.

Capital Punishment In The United States, Sarah Oppenheim

Human Rights Brief

No abstract provided.

News From The International War Crimes Tribunals, Ewen Allison

Human Rights Brief

No abstract provided.

Trends: Teaching Torture And Oppression With U.S. Tax Dollars, Nicole Grimm, Mair Mccafferty

Human Rights Brief

No abstract provided.

Fifty Years After The Un Universal Declaration Of Human Rights, Jennifer M. Hentz

Human Rights Brief

No abstract provided.

The Rome Treaty For An International Criminal Court: A Framework Of International Justice For Future Generations, Jerry Fowler

Human Rights Brief

No abstract provided.