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Articles 1 - 16 of 16

Full-Text Articles in Law

The Birth Of The Universal Declaration Of Human Rights, Michael Cooper Sep 1998

The Birth Of The Universal Declaration Of Human Rights, Michael Cooper

Michael D. Cooper, Esq.

This short article, written for an audience of U.S. based social science teachers, reviews the historical circumstances surrounding the drafting of the Universal Declaration of Human Rights, which the United Nations General Assembly adopted on December 10, 1948. The narrative focuses attention on the negotiating process and, in particular, Eleanor Roosevelt’s role as Chair of the U.N. Commission on Human Rights, which drafted the landmark document.


The Mid-Life Crisis Of The Universal Declaration Of Human Rights, Hilary Charlesworth Jun 1998

The Mid-Life Crisis Of The Universal Declaration Of Human Rights, Hilary Charlesworth

Washington and Lee Law Review

No abstract provided.


International Law And Abolition Of The Death Penalty, William A. Schabas Jun 1998

International Law And Abolition Of The Death Penalty, William A. Schabas

Washington and Lee Law Review

No abstract provided.


The Development Of United Nations Mechanisms For The Protection And Promotion Of Human Rights, Elsa Stamatopoulou Jun 1998

The Development Of United Nations Mechanisms For The Protection And Promotion Of Human Rights, Elsa Stamatopoulou

Washington and Lee Law Review

No abstract provided.


New Challenges For The American Lawyer In International Human Rights, Susan L. Karamanian Jun 1998

New Challenges For The American Lawyer In International Human Rights, Susan L. Karamanian

Washington and Lee Law Review

No abstract provided.


The Future Of International Human Rights: An Introduction To The Conference Papers, Frederic L. Kirgis Jun 1998

The Future Of International Human Rights: An Introduction To The Conference Papers, Frederic L. Kirgis

Washington and Lee Law Review

No abstract provided.


The Federal Common Law Of Universal, Obligatory, And Definable Human Rights Norms, Derek P. Jinks Jan 1998

The Federal Common Law Of Universal, Obligatory, And Definable Human Rights Norms, Derek P. Jinks

ILSA Journal of International & Comparative Law

International law is part of United States law. Indeed, international law - or the "law of nations" in eighteenth century parlance - has been considered part of United States law since the founding. The Judiciary Act of 1789, the enabling legislation of Article III, establishes federal court jurisdiction over torts committed in violation of the law of nations.


Challenges For An Independent Asian Human Rights Commission, Bina D'Costa Jan 1998

Challenges For An Independent Asian Human Rights Commission, Bina D'Costa

ILSA Journal of International & Comparative Law

While there exists a solid body of principles and a wide-ranging and growing number of institutions currently working to promote and protect human rights in Asia, there have unfortunately been few consolidated regional efforts for legal enforcement against violations. An Asian Human Rights Commission is the most logical and sought after body for this purpose.


Reconsidering The Israeli Courts' Application Of Customary International Law In The Human Rights Context, Leonard M. Hammer Jan 1998

Reconsidering The Israeli Courts' Application Of Customary International Law In The Human Rights Context, Leonard M. Hammer

ILSA Journal of International & Comparative Law

Discussions regarding the problem of identifying customary international law have essentially focused on two principal issues.


Pleadings And Authorities, Arden Jan 1998

Pleadings And Authorities, Arden

ILSA Journal of International & Comparative Law

Under customary international law, criminal defendants have a fundamental right to a fair trial.


The French Refere Procedure And Conflicts Of Human Rights, Wallace R. Baker, Patrick De Fontbressin Jan 1998

The French Refere Procedure And Conflicts Of Human Rights, Wallace R. Baker, Patrick De Fontbressin

Syracuse Journal of International Law and Commerce

The purpose of this article will be to ascertain to what extent Pierre Drai' s prediction has been realized. We examine cases where the ref ere procedure has been used in private human rights disputes where one party seeks to limit the right of freedom of the press or expression by claiming such right has been used illegally or in an abusive way. We will not deal with human rights violations by member states.


Secrets And Lies? Swiss Banks And International Human Rights, Anita Ramasastry Jan 1998

Secrets And Lies? Swiss Banks And International Human Rights, Anita Ramasastry

Vanderbilt Journal of Transnational Law

This Article explores the relationship of Swiss banks and their tradition of bank secrecy to the activities of a particular group of depositors: war criminals and other human rights violators. The Article focuses on litigation brought in U.S. courts by plaintiffs seeking access to Swiss bank deposits made by the Nazis and Ferdinand Marcos. The Article examines the possibility of holding banks accountable under international law for assisting a customer who has committed a serious breach of international law. Part I introduces the role of bank secrecy in the current litigation. Part II describes the Swiss tradition of bank secrecy. …


The Human Rights To Food, Medicine And Medical Supplies, And Freedom From Arbitrary And Inhumane Detention And Controls In Sri Lanka, Jordan J. Paust Jan 1998

The Human Rights To Food, Medicine And Medical Supplies, And Freedom From Arbitrary And Inhumane Detention And Controls In Sri Lanka, Jordan J. Paust

Vanderbilt Journal of Transnational Law

This Essay identifies the denial of adequate and available food and the denials of adequate medicine and medical supplies in Sri Lanka as serious human rights violations. Additionally, the Author cites customary international law and international agreements to support his conclusion that the government's denial of these necessities in Sri Lanka constitute war crimes. The Author discusses the human rights violations with respect to: (1) the right to adequate food; (2) the right to adequate medicine and medical supplies; and (3) the right to freedom from arbitrary and inhumane detention and controls. The Author concludes by urging that the U.S. …


The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael P. Scharf Jan 1998

The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael P. Scharf

Faculty Publications

While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.


Customary International Law, S. James Anaya Jan 1998

Customary International Law, S. James Anaya

Publications

No abstract provided.


Human Rights And Development: Using Advanced Technology To Promote Human Rights In Sub-Saharan Africa, Jennifer M. Myers Jan 1998

Human Rights And Development: Using Advanced Technology To Promote Human Rights In Sub-Saharan Africa, Jennifer M. Myers

Case Western Reserve Journal of International Law

No abstract provided.