Law Commons^™

The Spectre Of Globalization, Tim Dunne

Indiana Journal of Global Legal Studies

No abstract provided.

Strengthening The State, Gregory H. Fox

Indiana Journal of Global Legal Studies

No abstract provided.

The Roots Of Cultural Backlash In Contemporary Processes Of Globalization, Gracia Clark

Indiana Journal of Global Legal Studies

No abstract provided.

States Of Emergency - Moderating Their Effects On Human Rights, Venkat Iyer

Dalhousie Law Journal

There has been a runaway proliferation of emergency regimes worldwide in recent decades. This, coupled with the high incidence of human rights abuses which accompany them, has made states of emergency a matter of increasing concern among human rights policymakers and monitors. The author evaluates the various measures that have been taken by the international community to moderate the effects of emergencies, and outlines possible future strategies to increase the effectiveness of such measures.

The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short

Indiana Journal of Global Legal Studies

No abstract provided.

Holding State Sovereigns Accountable For Human Rights Violations: Applying The Act Of State Doctrine Consistently With International Law, Rebecca A. Fleming

Maryland Journal of International Law

No abstract provided.

The Importance Of The Universal Declaration Of Human Rights In The Past And Future Of The United Nation's Human Rights Efforts, Elsa Stamatopoulou

ILSA Journal of International & Comparative Law

After fifty years since the adoption of the Universal Declaration of Human Rights [hereinafter UDHR] it is legitimate to ask whether the UDHR is at the root of all the positive international action in the last five decades.

The Legacy Of The Universal Declaration Of Human Rights, Anne F. Bayefsky

ILSA Journal of International & Comparative Law

The Universal Declaration of Human Rights embodies three essential features: (1) it articulated shared, universal values; (2) it identified and strengthened the significance of the individual as a subject of international law, and (3) it declared and emphasized the responsibilities of states to- wards individuals.

From Seneca Falls To The Fiftieth Anniversary Of The Universal Declaration Of Human Rights-Gauging The Campaign For The Human Rights Of Women, Jessica Neuwirth

ILSA Journal of International & Comparative Law

This year marks the 150th anniversary of the Declaration of Sentiments, a declaration of women's rights adopted in Seneca Falls at a meeting which inaugurated the women's suffrage movement in the United States.

Torture And Cruel, Inhumane And Degrading Treatment In The Jurisprudence Of The Inter-American Court Of Human Rights, Julie Lantrip

ILSA Journal of International & Comparative Law

Prohibitions against torture and other forms of ill-treatment are well- recognized as basic human rights in international law.

Reparations In The Inter-American System For The Protection Of Human Rights, Victor M. Rodriquez Rescia

ILSA Journal of International & Comparative Law

International tribunals in general have within their competence to end conflicts presented by individuals with legal capacity through the issuance of judgments and opinions.

The Neglected Pillar: The "Teaching Tolerance" Provision Of The International Convention On The Elimination Of All Forms Of Racial Discrimination, Stephanie Farrior

ILSA Journal of International & Comparative Law

As we celebrate the fiftieth anniversary of the Universal Declaration of Human Rights' this year, I would like to take particular note of the first of the core human rights treaties developed since adoption of the Universal Declaration, the International Convention on the Elimination of All Forms of Racial Discrimination.

The Expert Testimony Before The Inter-American Court Of Human Rights, Ma. Auxiliadora Solano Monge

ILSA Journal of International & Comparative Law

The purpose of this essay is to provide a review of the doctrine and jurisprudence of the expert testimony as a probatory medium' used by the Inter-American Court of Human Rights (ICHR, Court, Tribunal) in the issues presented before it

The Discontinuance And Acceptance Of Claims In The Jurispurdence Of The Inter-American Court Of Human Rights, Manuel Ventura Robles

ILSA Journal of International & Comparative Law

When analyzing the contentious jurisprudence of the Inter-American Court of Human Rights ("the Court" or "Inter-American Court"), it is necessary to emphasize the fact that, during its first seventeen years of work, the Court has ruled on the merits of nine cases presented for its consideration

The Northern Ireland Peace Agreement: Evolving The Principle Of Self-Determination, Paul Williams, Sabrineh Ardalan

Articles in Law Reviews & Other Academic Journals

Central to this article is the evolution of the nature of the principle of self-determination. The main focus will be on the examination of a recent instance of state practice — the Northern Ireland Peace Agreement. In particular, the way in which the Northern Ireland Peace Agreement has given effect to the primary elements of self-determination, including democratic self-government, the protection of human rights, and the protection of minority rights will be discussed.

The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith

Scholarly Works

No abstract provided.

The Relationship Between Human Rights And Refugee Law: What Refugee Law Judges Can Contribute, James C. Hathaway

Book Chapters

In a document released during the summer of 1998, the Austrian Presidency of the European Union formally questioned the continuing value of the United Nations Refugee Convention, and called for the adoption of a new "instrument of speedy assistance in the framework of the political possibilities."

The Austrian proposal would deny most refugees arriving in Europe the legal right to be protected. For the majority, protection would instead become a matter of political discretion. The proposal erroneously asserts that only a small minority of contemporary asylum seekers is entitled to Convention refugee status, in consequence of which a "new approach" …

Discussant, “1998 Otto L. Walter Lecture: Justice Richard J. Goldstone, International Human Rights At Century’S End.”, Ruti G. Teitel

Articles & Chapters

No abstract provided.