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Full-Text Articles in Law
When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell
When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell
Mary Ellen O'Connell
It is essential to correctly classify situations in the world as ones of war or peace: human lives depend on the distinction, but so do liberty, property, and the integrity of the natural environment. President Bush's war on terror finds war where suspected members of al Qaeda are found. By contrast, war under international law exists where hostilities are on-going. To the extent there is ambiguity, the United States should err on the side of pursuing terrorists within the peacetime criminal law enforcement paradigm, not a wartime one. Not only does the criminal law better protect important human rights and …
The Tragedy Of Hong Kong, Richard Klein
The Tragedy Of Hong Kong, Richard Klein
Richard Daniel Klein
While the world watched the fireworks and celebrations occurring in Hong Kong on July 1, 1997, a far sadder event was, in fact, unfolding. The people of Hong Kong, most of whom had originally fled from China -- the country which was now taking over -- have simply never experienced the basic human right of self-determination. Rule was shifting from a colonial power which had denied the people of Hong Kong their basic human rights for virtually all of its 155-year administration, to a country which, immediately upon assuming sovereignty, made it clear that democracy would remain but a dream.
Is There A New World Court?, Douglass Cassel
Introduction And Postscript: Partial Progress On Un Reform, Douglass Cassel
Introduction And Postscript: Partial Progress On Un Reform, Douglass Cassel
Douglass Cassel
No abstract provided.
A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel
A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel
Douglass Cassel
The international legal boundary between states; rights and human rights is not fixed. Long ago, the Permanent Court of International Justice - the judicial arm of the League of Nations and the precursor to the present International Court of Justice - recognized that "the question whether a certain matter is or is not solely within the jurisdiction of a State is an essentially relative question; it depends on the development of international relations." In recent decades international relations concerning both sovereignty and rights have developed quickly. An examination of those rights and the evolving realities of sovereignty are examined.
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Douglass Cassel
Amnesty guidelines modeled on international law as defined by Latin American tribunals and treaties should be adopted and used by the United Nations, the Organization of American States, and national governments involved in remedying human rights violations. The 10 guidelines are stringent and would rarely result in the granting of amnesty. They may better serve their function than treaties or customary laws be cause they are guidelines and not mandatory.
Does International Human Rights Law Make A Difference?, Douglass Cassel
Does International Human Rights Law Make A Difference?, Douglass Cassel
Douglass Cassel
No abstract provided.
International Human Rights Law And Security Detention, Douglass Cassel
International Human Rights Law And Security Detention, Douglass Cassel
Douglass Cassel
This article analyzes the grounds, procedures, and conditions required by International Human Rights Law for preventive detention of suspected terrorists as threats to security. Such detention is generally permitted, provided it is based on grounds and procedures previously established by law; is not arbitrary, discriminatory, or disproportionate; is publicly registered and subject to fair and effective judicial review; and the detainee is not mistreated and is compensated for any unlawful detention. In Europe, however, preventive detention for security purposes is generally not permitted. If allowed at all, it is permitted only when a State in time of national emergency formally …
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
David Ingram
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
David Ingram
In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …
Rights, Culture, And Crime: The Role Of Rule Of Law For The Women Of Afghanistan, Mark A. Drumbl
Rights, Culture, And Crime: The Role Of Rule Of Law For The Women Of Afghanistan, Mark A. Drumbl
Mark A. Drumbl
This Article explores the role of rule of law in redressing crimes and human rights abuses committed against the women of Afghanistan. Mainstream discourse approaches the situation binarily, obliging women to choose between international and often distant human rights, on the one hand, or proximate cultural/religious norms, on the other, in order to adjudicate gender crimes. This can lead either to externalized justice or, in the case of the implementation of Afghan local law, to renewed victimization of women in the name of redressing abuses suffered by other women. Local law in Afghanistan is reflected in codes such as the …
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Judith A Hale Reed
Early marriage affects many communities around the world. Examples of commonly practiced early marriage can be found today in the U.S., India, Syria, and many other places. Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. This article explores the harms of early marriage and the international instruments meant to defend against these harms in Part II. Part III reviews theoretical perspectives from legal anthropology and presents a case study of early marriage in …
Main Structural Characteristics Of Global Constitutionalism., Elizabeth Lvova
Main Structural Characteristics Of Global Constitutionalism., Elizabeth Lvova
Elizabeth Lvova
Nowadays current global problems stand as burning challenges of multi-level governance and reflect the importance of advanced cooperation of the states. Moreover the expansion of international human rights revealed the necessity of modification of international legal methods of common values security, shifting them on the global level. In these conditions modern international public law vividly evolved and is apt to reconfiguration including altering positions from cooperation to constitutionalization. Modifying relations among the international public authorities and the global activity of modern international actors (individuals, transnational companies and business organizations, international non-governmental organizations, etc.) pointed out the changes in the international …
Imfing With Your Economic Rights: The Greek Tragedy Of The Eurozone, James C. Brady
Imfing With Your Economic Rights: The Greek Tragedy Of The Eurozone, James C. Brady
James C Brady
While international human rights law promulgates that economic, social and cultural rights (economic rights) be supported just as fervently as civil and political rights, the reality is, they are not. The Greek debt crisis and resulting austerity measures demonstrate how a growing world economy is having an increasingly large impact on economic rights. States treat economic rights obligations similar to how businesses treat risk – that is, states seek to reduce their obligations like businesses seek to reduce their risk. As a result, economic rights remain second fiddle to their civil/political counterpart and a victim of supranational monetary monoliths like …
Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims' Representatives., David C. Baluarte
Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims' Representatives., David C. Baluarte
David Baluarte
No abstract provided.
Sexual Violence Against Men And Women In War: A Masculinities Approach, Valorie K. Vojdik
Sexual Violence Against Men And Women In War: A Masculinities Approach, Valorie K. Vojdik
Valorie K. Vojdik
No abstract provided.
Environmental Justice And International Environmental Law, Carmen G. Gonzalez
Environmental Justice And International Environmental Law, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice lies at the heart of many environmental disputes between the global North and the global South as well as grassroots environmental struggles within nations. However, the discourse of international environmental law is often ahistorical and technocratic. It neither educates the North about its inordinate contribution to global environmental problems nor provides an adequate response to the concerns of nations and communities disproportionately burdened by poverty and environmental degradation. This article examines some of the root causes of environmental injustice among and within nations from the colonial period to the present, and discusses several strategies that can be used …