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Articles 1 - 22 of 22
Full-Text Articles in Law
New Trends In African Human Rights Law: Prospects Of An African Court Of Human Rights, Yemi Akinseye-George
New Trends In African Human Rights Law: Prospects Of An African Court Of Human Rights, Yemi Akinseye-George
University of Miami International and Comparative Law Review
No abstract provided.
A Comment On The Complementary Jurisdiction Of The International Criminal Court: Adding Insult To Injury In Transitional Contexts?, Jennifer J. Llewellyn
A Comment On The Complementary Jurisdiction Of The International Criminal Court: Adding Insult To Injury In Transitional Contexts?, Jennifer J. Llewellyn
Dalhousie Law Journal
The author examines the principle of complementarity on which the jurisdiction of the International Criminal Court (ICC) is based. Unlike its predecessors, the International Criminal Tribunals for the former Yugoslavia and Rwanda, the ICC can only take jurisdiction over a case when a state is unwilling or unable to investigate or prosecute. The Court is thus designed to complement the work of national criminal courts. This article assesses whether this admissibility standard will allow the ICC to complement the work of truth commissions like that of the South African Truth and Reconciliation Commission. It concludes that the prospect of an …
The United Nations And Civil Society, Jayantha Dhanapala
The United Nations And Civil Society, Jayantha Dhanapala
A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)
7 pages.
Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer
Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer
Law Faculty Articles and Essays
Human rights protection needs teeth. And those who work in the disparate field of human rights need to see the system more comprehensively and strategically. Far too often, political issues interfere with enforcement of human rights laws and allow violators to hide behind the unwillingness of national governments to take action to enforce existing laws against human rights violators. Lack of commitment to human rights enforcement or timely preventative or intervention actions have led to violators being left unpunished for torture, rape and genocide. This failure of governments means that there is a lack of deterent power sufficient to inhibit …
Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann
Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann
Scholarly Works
These remarks were presented on February 24, 2001, in a panel concluding a conference entitled "Holding Multinational Corporations Responsible Under International Law" at Hastings College of the Law, San Francisco, California.
A Trade/Human Rights Linkage By The United States: Is Enforcing Human Rights By Use Of Trade Sanctions Effective?, Blaise Omondi Odhiambo
A Trade/Human Rights Linkage By The United States: Is Enforcing Human Rights By Use Of Trade Sanctions Effective?, Blaise Omondi Odhiambo
LLM Theses and Essays
Universally held basic human rights must remain separate from political rights. Such basic human rights are those that are so universal that all societies, systems, nations, and ideology could, and do espouse them. Conversely, political rights are those that are dependent upon compatibility with the system of government in place and arc therefore far less likely to gamer universal support. An effective multilateral enforcement mechanism can only succeed if there are universal agreement and acceptance of the protected rights. Accordingly, at the outset of such a mechanism, only basic human rights may be enforced through trade sanctions. Once such a …
Introduction: Being Individuals: A Comparative Look At Relationships, Gender And The Public/Private Dichotomy, Aniella Gonzalez
Introduction: Being Individuals: A Comparative Look At Relationships, Gender And The Public/Private Dichotomy, Aniella Gonzalez
University of Miami International and Comparative Law Review
No abstract provided.
The United Kingdom's Human Rights Act Of 1998: Willthe Parliament Relinquish Its Soverignty To Ensure Human Rights Protection In Domestic Courts?, Christina M. Kitterman
The United Kingdom's Human Rights Act Of 1998: Willthe Parliament Relinquish Its Soverignty To Ensure Human Rights Protection In Domestic Courts?, Christina M. Kitterman
ILSA Journal of International & Comparative Law
The United Kingdom has come into the new millennium with an unprecedented written set of human rights for its citizens.
Human Rights And Development In The 21st Century: The Complex Path To Peace And Democracy: Themes From The 2000 Goodwin Seminar, Douglas Lee Donoho
Human Rights And Development In The 21st Century: The Complex Path To Peace And Democracy: Themes From The 2000 Goodwin Seminar, Douglas Lee Donoho
ILSA Journal of International & Comparative Law
As the twenty-first century begins, the international human rights system faces a profound anomaly.
Freedom Of Expression In The Inter-American System For The Protection Of Human Rights, Claudio Grossman
Freedom Of Expression In The Inter-American System For The Protection Of Human Rights, Claudio Grossman
ILSA Journal of International & Comparative Law
Freedom of expression is one of democracy's fundamental values. Its importance takes on special connotations in nations where the separation of powers is fragile
What Is Needed To Protect International Human Rights In The 21st Century, Oscar Arias
What Is Needed To Protect International Human Rights In The 21st Century, Oscar Arias
ILSA Journal of International & Comparative Law
International human rights is a subject of special significance to me, as a citizen and former President of Costa Rica.
How To Defeat A Treaty's Object And Purpose Pending Entry Into Force: Toward Manifest Intent, Jan Klabbers
How To Defeat A Treaty's Object And Purpose Pending Entry Into Force: Toward Manifest Intent, Jan Klabbers
Vanderbilt Journal of Transnational Law
Under Article 18 of the 1969 Vienna Convention on the Law of Treaties, states that have signed or ratified a treaty are supposed to refrain from acts which might defeat the object and purpose of the treaty pending its entry into force. After noting that international lawyers and academics have recognized various types of treaties, the Article begins by observing that traditionally the interim obligation operates well in contractual situations but not in normative situations. Furthermore, the Author argues that where treaties are normative, the traditional conception of the interim obligation is insufficient.
While the interim obligation has been recognized …
The Right Of Self-Determination: Is East Timor A Viable Model For Kashmir?, Amardeep Singh
The Right Of Self-Determination: Is East Timor A Viable Model For Kashmir?, Amardeep Singh
Human Rights Brief
No abstract provided.
Review Of Human Rights In Global Politics, Christine M. Chinkin
Review Of Human Rights In Global Politics, Christine M. Chinkin
Reviews
The fiftieth anniversary of the Universal Declaration of Human Rights in 1998, coming in the decade after the resurgence of Western-style liberal democracies, has generated much writing and activity over the current status and future development of international human rights law, practice, and discourse. International lawyers tend to take for granted the canon of rights that, in the wake of the Universal Declaration, have been enshrined within the body of international instruments that have been adopted within regional and global arenas. In the 1990s, these lawyers largely turned their attention away from standard setting and to issues of effectiveness. Considerable …
Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein
Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein
Scholarly Works
No abstract provided.
Justice In Africa: Rwanda's Genocide, Its Courts, And The Un Criminal Tribunal, Jenia I. Turner
Justice In Africa: Rwanda's Genocide, Its Courts, And The Un Criminal Tribunal, Jenia I. Turner
Faculty Journal Articles and Book Chapters
No abstract provided.
Human Rights International Ngos: A Critical Evaluation, Makau Wa Mutua
Human Rights International Ngos: A Critical Evaluation, Makau Wa Mutua
Contributions to Books
Published as Chapter 7 in NGOs and Human Rights: Promise and Performance, Claude E. Welch, Jr., ed.
The Human rights movement can be seen in a variety of guises. It can be seen as a movement for international justice or as a cultural project for “civilizing savage” cultures. In this chapter, I discuss a part of that movement as a crusade for a political project. International nongovernmental human rights organizations (INGOs), the small and elite collection of human rights groups based in the most powerful cultural and political capitals of the West, have arguably been the most influential component of …
A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann
A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann
Articles & Chapters
As constitutional protection of human rights expands around the world, the question of whether constitutional rights should protect people not only against state action but also against the conduct of private actors is once again timely. Few nations have so broadly, or so ambiguously, endorsed the application of constitutional guarantees to constrain private conduct (known outside the United States as "horizontality") as South Africa. The constitution approved in 1996 applies fully and without qualification to all "organs of state," and this term is defined in section 239 in potentially very broad terms, notably embracing "any other functionary or institution ... …
Does International Human Rights Law Make A Difference?, Douglass Cassel
Does International Human Rights Law Make A Difference?, Douglass Cassel
Journal Articles
Does international human rights law make a difference? Does it protect rights in practice? The importance of these questions for rights protection is obvious: the institutions of international human rights law deserve our energetic support only to the extent they contribute meaningfully to protection of rights, or at least promise eventually to do so. Moreover, at the moment these questions have added urgency. They underlie an ongoing debate, fomented in part by this Journal, on the extent to which the United States should be prepared to cede degrees of its national sovereignty to international human rights institutions, in return for …
A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel
A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel
Journal Articles
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.
Human Rights In Transition: The Success And Failure Of Polish And Russian Criminal Justice Reform, Shannon C. Krasnokutski
Human Rights In Transition: The Success And Failure Of Polish And Russian Criminal Justice Reform, Shannon C. Krasnokutski
Case Western Reserve Journal of International Law
No abstract provided.
Women's International Tribunal On Japanese Military Sexual Slavery, Christine M. Chinkin
Women's International Tribunal On Japanese Military Sexual Slavery, Christine M. Chinkin
Articles
From December 8 to 12,2000, a peoples' tribunal, the Women's International War Crimes Tribunal 2000, sat in Tokyo, Japan. It was established to consider the criminal liability of leading high-ranking Japanese military and political officials and the separate responsibility of the state of Japan for rape and sexual slavery as crimes against humanity arising out of Japanese military activity in the Asia Pacific region in the 1930s and 1940s.
The immediate background to the tribunal's establishment was a series of events commencing in 1988 when the women's movement in the Republic of Korea began to learn of the research of …