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Full-Text Articles in Law
Truth As Right And Remedy In International Human Rights Experience, Thomas Antkowiak
Truth As Right And Remedy In International Human Rights Experience, Thomas Antkowiak
Faculty Articles
Early this year, the Inter-American Court of Human Rights in San Jose, Costa Rica, was faced yet again with a seemingly basic question: Does an individual have a legal right to know the truth about the circumstances surrounding the serious human rights violations a loved one has suffered? One might expect to encounter such a privilege in our victim centered system of international human rights protection-especially within the progressive jurisprudence of the Inter-American Court. Yet, it is simply not to be found as a substantive, explicit right. This essay seeks to explore the origins, scope, and key possibilities of an …
The Legitimacy Of Amnesties Under International Law And General Principles Of Anglo-American Law, Ronald Slye
The Legitimacy Of Amnesties Under International Law And General Principles Of Anglo-American Law, Ronald Slye
Faculty Articles
This article discusses what makes an amnesty legitimate. The author does this by evaluating amnesties in light of international law critiques of amnesties for human rights violations and from principles of both Anglo-American and international law. First, the author breaks the international law critiques into three schools: the obligation to prosecute, the fundamental rights of victims, and the social stability. From these schools, the author derives principles to evaluate the legitimacy of amnesties. After establishing that the doctrine of non bis in idem is not a barrier to evaluating the legitimacy of foreign amnesties, the author selects areas of law …
Hacia Un Regimen De Responsabilidad Civil Por Dano Ambiental Transfronterizo, Henry Mcgee, Luz E. Ortiz Nagle
Hacia Un Regimen De Responsabilidad Civil Por Dano Ambiental Transfronterizo, Henry Mcgee, Luz E. Ortiz Nagle
Faculty Articles
This article discusses the importance of protecting the environment on a global level. In view of the gravity of the ecological problems, and the ineffectiveness of existing environmental standards of regimes that are purely national, countries and specialized institutions have concluded that it is imperative to implement international regulations.
The European Union: An Appropriate Model For A Precautionary Approach?, Linda O'Neil Coleman
The European Union: An Appropriate Model For A Precautionary Approach?, Linda O'Neil Coleman
Seattle University Law Review
This Comment will argue that the current use and application of the precautionary principle should not be abandoned. However, before adopting the principle as a rule of international law, the international community should look to the European Union as a starting point for how to uniformly define and apply the precautionary principle. Accordingly, Part II of this Comment will examine the various formulations of the precautionary principle and the widespread adoption of a precautionary approach in a number of international instruments. Part III will describe the European Union's use of the principle and its attempt to balance environmental and public …