Law Commons^™

The Relative Universality Of Human Rights (Revised), Jack Donnelly

Human Rights & Human Welfare

© Jack Donnelly. All rights reserved.

This article is forthcoming in Human Rights Quarterly.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website …

Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto

Human Rights & Human Welfare

The obligations set forth in the international and regional instruments on human rights are considered as having a strictly territorial scope. States parties have the duty to guarantee the rights recognized in the treaties to all individuals within their territories. The territorial reach of these obligations is expanding by way of interpretation. In its decision on Bankovic, the European Court reduced the impact of this international trend toward a progressive enlargement of the protection granted by human rights treaties, affirming those attacks conducted by NATO against Yugoslavia in 1999 fell out of the extraterritorial reach of the European Convention. After …

(Not Yet) Taking Rights Seriously: The House Of Lords In Begum V. Headteacher And Governors Of Denbigh High School, Gareth Davies

Human Rights & Human Welfare

© Gareth Davies. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

Compensation For Property Under The European Convention On Human Rights, Tom Allen

ExpressO

This Article investigates the nature of the right to property guaranteed under the First Protocol to the European Convention on Human Rights ('P1-1'). It argues that the European Court of Human Rights has been torn between two theories of the right to property. The first is the "integrated theory", and it holds that the right to property shares common values and purposes with other Convention rights. Hence, the interpretation of P1-1 should reflect principles developed in the interpretation of other Convention rights. It is argued that the application of the integrated theory should support a "social model" of property. The …

Linking Global Warming To Inuit Human Rights, Marguerite E. Middaugh

San Diego International Law Journal

Under international law, the United States government has violated the Inuit's human rights by failing to take action against climate change. The Inter-American Commission on Human Rights should find that the allegations of human rights violations by the Inuit are justified and rule in their favor. This Article first explores the impacts of climate change on the Inuit and each of the Inuit's basic human rights, which are implicated by the environmental changes. Next, the role and responsibility of the U.S. with respect to climate change is examined. This section discusses the current attitude and actions of the U.S. government, …

U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White

San Diego International Law Journal

Focusing on defensive asylum applications, this Comment examines whether certain provisions of REAL ID violate due process and international obligations to asylum seekers. Part I situates REAL ID within the historical context of nearly a decade of restrictive U.S. immigration law and over two decades of Executive Orders aimed at deterring a mass exodus of asylum seekers from reaching U.S. shores. Part II provides an overview of the U.S. asylum system and argues that the system produces inconsistent and sometimes arbitrary results, indicating that segments of the system do not satisfy international obligations. Part III outlines three provisions of REAL …

J. Eric Dibbern On Forbidden Families: Family Unification And Child Registration In East Jerusalem By Yael Stein. Hamoked: Center For The Defense Of The Individual, 2004. 41pp., J. Eric Dibbern

Human Rights & Human Welfare

A review of:

Forbidden Families: Family Unification and Child Registration in East Jerusalem by Yael Stein. HaMoked: Center for the Defense of the Individual, 2004. 41pp.

Sarah Bania-Dobyns On New Terror, New Wars By Paul Gilbert. Washington, Dc: Georgetown University Press, 2003. 176pp., Sarah Bania-Dobyns

Human Rights & Human Welfare

A review of:

New Terror, New Wars by Paul Gilbert. Washington, DC: Georgetown University Press, 2003. 176pp.

Labor’S Human Rights: A Review Of The Nature And Status Of Core Labor Rights As Human Rights, Roy J. Adams

Human Rights & Human Welfare

© Roy J. Adams. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch

University of Miami International and Comparative Law Review

No abstract provided.

Kimberly Lanegran On Telling The Truths: Truth Telling And Peace Building In Post-Conflict Societies. Edited By Tristan Anne Borer. Notre Dame, In: University Of Notre Dame Press, 2006. 316 Pp., Kimberly Lanegran

Human Rights & Human Welfare

A review of:

Telling the Truths: Truth Telling and Peace Building in Post-Conflict Societies. Edited by Tristan Anne Borer. Notre Dame, IN: University of Notre Dame Press, 2006. 316 pp.

Sonia Cardenas On Human Rights In The Arab World: Independent Voices. Edited By Anthony Chase And Amr Hamzawy. Philadelphia: University Of Pennsylvania Press, 2006. 336 Pp., Sonia Cardenas

Human Rights & Human Welfare

A review of:

Human Rights in the Arab World: Independent Voices. Edited by Anthony Chase and Amr Hamzawy. Philadelphia: University of Pennsylvania Press, 2006. 336 pp.

Richard Burchill On International Human Rights And Humanitarian Law: Treaties, Cases And Analysis By Francisco Forrest Martin, Stephen J. Schnably, Richard J. Wilson, Jonathan S. Simon, And Mark V. Tushnet. Cambridge: Cambridge University Press, 2006. 1022 Pp., Richard Burchill

Human Rights & Human Welfare

A review of:

International Human Rights and Humanitarian Law: Treaties, Cases and Analysis by Francisco Forrest Martin, Stephen J. Schnably, Richard J. Wilson, Jonathan S. Simon, and Mark V. Tushnet. Cambridge: Cambridge University Press, 2006. 1022 pp.

Kurt Mills On The Dark Sides Of Virtue: Reassessing International Humanitarianism By David Kennedy. Princeton: Princeton University Press, 2005. 400 Pp., Kurt Mills

Human Rights & Human Welfare

A review of:

The Dark Sides of Virtue: Reassessing International Humanitarianism by David Kennedy. Princeton: Princeton University Press, 2005. 400 pp.

The Right To Self-Determination And Statehood: The Case Of Kosovo, Besfort Rrecaj

ExpressO

Introduction To explore self-determination is, in the words of Antonio Cassese”, a way of opening a veritable Pandora’s Box.” Indeed, the historical evolution of the concept reveals that it has been subjected to ambiguity, misconception and contradictory application. Over the years, it was redefined and re-applied on the basis of the interests of particular states. More recent events, namely the dissolution of the USSR and Yugoslavia, have given a new perspective to the meaning of self-determination. In this post Cold War era, greater attention is being paid to the enforcement of human rights and with it, a broader understanding of …

Modern Condottieri In Iraq: Privatizing War From The Perspective Of International Human Rights Law, Antenor Hallo De Wolf

Indiana Journal of Global Legal Studies

No abstract provided.

The Iraqi High Criminal Court: Controversy And Contributions, Michael A. Newton

Vanderbilt Law School Faculty Publications

The Iraqi High Criminal Court established to prosecute Saddam Hussein and other leading Ba’athists is one of the most visible of the current efforts to establish criminal accountability for violations of international norms. Juxtaposed against other tribunals, the High Criminal Court has provoked worldwide debate over its processes and its prospects for returning societal stability founded on respect for human rights and the rule of law to Iraq. This article explores in detail the legal basis for the formation of the High Criminal Court under the law of occupation. It addresses the relationship between the Iraqi model of prosecuting crimes …

Richard Burchill On The Practice And Procedure Of The Inter-American Court Of Human Rights By Jo M. Pasqualucci. Cambridge: Cambridge University Press, 2003. 488pp., Richard Burchill

Human Rights & Human Welfare

A review of:

The Practice and Procedure of the Inter-American Court of Human Rights by Jo M. Pasqualucci. Cambridge: Cambridge University Press, 2003. 488pp.

Is Humanity Enough? The Secular Theology Of Human Rights, Peter Fitzpatrick

Human Rights & Human Welfare

© Peter Fitzpatrick. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum

San Diego International Law Journal

This Article will examine the role that the danger test has played in the decisions of American courts and, more recently, in the decisions of British courts and the enforcement organs of the European Convention. Part I will briefly trace the immediate Anglo-American constitutional background from which the danger test emerged. It particular, it will examine the way in which the common law offense of seditious libel was defined by British judges and judicial commentators in the late nineteenth century. Part II will focus on the evolution in American law of judicial attempts to articulate both a "content-based" and an …

Litigating Child Recruitment Before The Special Court For Sierra Leone, Noah B. Novogrodsky

San Diego International Law Journal

In May 2004, the Special Court for Sierra Leone issued a landmark decision finding that an individual may be held criminally responsible for the offense of recruiting child soldiers into armed conflict. As a hybrid tribunal established by the United Nations and the Government of Sierra Leone to try those who "bear the greatest responsibility" for serious violations of international humanitarian law committed during the country's civil war after November 1996, the Special Court is the first international criminal body to indict a person for the crime of recruiting and employing children in war. The decision in the case of …

The Obligation To Use Force To Stop Acts Of Genocide: An Overview Of Legal Precedents, Customary Norms, And State Responsibility, Joshua M. Kagan

San Diego International Law Journal

Though the Genocide Convention was created to "liberate mankind from [the] odious scourge" of genocide, the dreams of its drafters have still not come to fruition. The commission of genocide, widely considered the most appalling of all crimes, did not end with the signing and ratification of the Convention in 1948. Genocide continues in the world today. While its sentiments were noble and its aims commendable, the Genocide Convention as it is interpreted and applied today is insufficient to stop the commission of genocide in the world. In order to rid the world of this crime, a new interpretation of …

Brief Of The University Of Toronto International Human Rights Clinic As Amicus Curiae To The Special Court For Sierra Leone, Noah B. Novogrodsky

San Diego International Law Journal

This brief addresses three questions: 1) the illegality of recruiting child soldiers into armed conflict; 2) the application of penal sanctions in international humanitarian law; and 3) the proper application of the principle of nullum crimen sine lege. Part I of our argument will establish that the recruitment of children into armed conflict is and was unquestionably a violation of international humanitarian law at the time the alleged offences took place. Part II will explain when international law permits prosecution of violations of international humanitarian law irrespective of whether penal sanctions are attached. Amici conclude that such prosecutions are permitted …

Old Poison In New Bottles: Trafficking And The Extinction Of Respect, Winston P. Nagan, Alvaro De Medeiros

UF Law Faculty Publications

The new form of slavery comes by that relatively innocuous title, “trafficking.” Trafficking is an illustration of the dynamic character of the social and antisocial forces that conspire to undermine the idea of human dignity in the world community. The forms of crime are in fact dynamic. Frequently the institutional forces behind crime have capital, lethal functionaries, technology, and a capacity to advance criminal interests, both within states and across state lines. To the extent that crime itself is dynamic it must as well be acknowledged that human rights violations in general also have a dynamic character. In short, when …

Torture: Considering A Framework For Limiting Use, Scott J. Goldberg

ExpressO

Abu Graib, Guantanamo, the War on Terror—the debate over the use of torture is still very much alive in the world today. The debate can be divided into two questions: (1) whether there should be an actual absolute ban where torture is never allowed either ethically or legally, and (2) if torture should be allowed under certain circumstances what form of regulation is best able to ensure that it is used only in those most limited circumstances. Currently, there is an absolute ban in place, yet world leaders, applying a case-by-case utilitarian approach, in fact permit the use of torture …

The Role Of Reservations And Declarations Before The Inter-American Court Of Human Rights: The Las Hermanas Serrano Cruz Case And The Future Of Inter-American Justice, Jessica L. Tillson

ExpressO

Las Hermanas Serrano Cruz is a landmark case in the jurisprudence of the Inter-American Court of Human Rights because it excludes a large body of arguably valid claims from meaningful adjudication within the inter-American system. In the Las Hermanas Serrano Cruz decision on preliminary objections, the Court upheld El Salvador’s restriction to rationae temporis. Although the State’s restriction was improper both substantively and procedurally, the Court held it to be valid under the American Convention on Human Rights by misclassifying it as a declaration rather than a reservation. This mistake not only proved detrimental to the Las Hermanas Serrano Cruz …

Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin

ExpressO

This Article examines two different instances where strong cultural and religious beliefs suggest that an individual is justified in taking another’s life. Focusing primarily on South Africa and the United States, it argues that the rationale used to defend those who kill suspected witches and those who kill suspected homosexuals is the same – merely because a criminal holds a belief that the victim is evil, the criminal is somehow entitled to a lesser punishment. In the United States, those who readily recognize the absurdity of the witchcraft defense may have some difficulty in recognizing the same level of absurdity …

Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt

Journal Publications

When warlords use violence to coerce democratically constituted governments to share power, does power-sharing simply become a euphemism for "guns for jobs"? Which legal rules, if any, govern peace agreements in internal conflicts? Specifically, which rules regulate power-sharing? Are the aims of peace, justice, and adherence to the rule of law attainable, let alone compatible, with coerced political transitions where warlords force democratically constituted or legitimate governments to share power?

This Article represents the first conscientious attempt to address these questions, present a conceptual framework for examining the legal and political efficacy of coercing democratically constituted governments into sharing power, …

Human Rights In Guatemala, Jennifer Archibald

Human Rights & Human Welfare

Thirty six years of civil war affected human rights negatively in Guatemala. Many actors that violated human rights were also victims of human rights violations; a complex series of events that has still not been fully resolved today.

Finding The Winning Combination: How Blending Organ Procurement Systems Used Internationally Can Reduce The Organ Shortage, Sarah E. Statz

Vanderbilt Journal of Transnational Law

The shortage in transplantable organs worldwide not only leads to unnecessary death, but also to grave human rights abuses through illegal methods of procuring organs. The shortage leads some desperate to find an organ through any possible means, including purchasing an organ on the black market. The system for procuring organs in the United States is based on altruism, where potential donors have to opt in to the system in order for their organs to be donated. This creates issues at the time of death for medical professionals or the next of kin to decide whether their patient or loved …