Law Commons^™

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

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 …

Book Review: Women Under The Law: The False Promise Of Human Rights, S. I. Strong

Faculty Publications

Though McColgan's book promises much, it fails to persuade the reader for several reasons. First, a number of the examples used to demonstrate the inferiority of entrenched rights actually suggest the opposite. The second reason why McColgan fails to persuade results from her forcing constitutional arguments where there are none. The third problem with this book is its failure to extrapolate its arguments about women to other disadvantaged groups.

Despite these shortcomings, there is much in McColgan's book to recommend it. Her prose is fluid, her presentation of US and Canadian law, particularly regarding abortion, is extensive, and her arguments …

Human Rights, The Un Global Compact, And Global Governance, William H. Meyer, Boyka Stefanova

Cornell International Law Journal

No abstract provided.

Britain And The European Convention, A. W. Brian Simpson

Cornell International Law Journal

No abstract provided.

Is The Alien Tort Statute Sacrosanct--Retaining Forum Non Conveniens In Human Rights Litigation, Aric K. Short

Faculty Scholarship

I argue in this article that no reasonable basis exists to justify federal courts refusing to consider forum non conveniens arguments in cases brought under the Alient Tort Statute; in fact, good reasons exist to retain the doctrine in its undiluted form. The purpose and design of forum non conveniens make it sufficiently flexible to be invoked in even the most compelling human rights cases brought in the United States. If applied properly, the doctrine will identify ATS cases that cannot and should not be dismissed to foreign fora; however, if forum non conveniens operates as it should, it also …

The United Nations And Civil Society, Jayantha Dhanapala

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

7 pages.

Human Rights In The European Union: Internal Versus External Objectives, Elizabeth Shaver Duquette

Cornell International Law Journal

No abstract provided.

The Un Global Compact: Responsibility For Human Rights, Labor Relations, And The Environment In Developing Nations, Betty King

Cornell International Law Journal

No abstract provided.

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 …

Paraguay's Archive Of Terror: International Cooperation And Operation Condor, Katie Zoglin

University of Miami Inter-American Law Review

No abstract provided.

A Critique Of Proposals To Amend The Foreign Sovereign Immunities Act To Allow Suits Against Foreign Sovereigns For Human Rights Violations, Ismael Diaz

University of Miami Inter-American Law Review

No abstract provided.

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.

Human Rights And Business Ethics: Fashioning A New Social Contract, Wesley Cragg

New England Journal of Public Policy

The author speaks about the social contract which is a general understanding of respective responsibilities in complex societies and traces its impact from the Declaration of Independence to more recent times.

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

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

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

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.

Understanding The "Understanding": Federalism Constraints On Human Rights Implementation, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

End-Of-Life And The Good Society, Reuven (Ruvi) Ziegler, Sylviane Colombo

Dr. Reuven (Ruvi) Ziegler

The article offers a tentative proposal for legislation which explicitly recognizes a legal right to receive palliative care treatment in Israel

Transitional Justice In Afghanistan : Confronting Violations Of International Humanitarian And Human Rights Law, Peter G. Danchin

Faculty Scholarship

After more than two decades of war and foreign interventions, including the US-led military campaign following the 11 September 2001 terrorist attacks, Afghanistan has entered a period of transition and rebuilding. It thus joins a host of other countries—from South Africa to Sierra Leone to East Timor—which have sought in recent years to move from a repressive and violent past to a future based on democracy, the rule of law and respect for fundamental human rights. In this respect, Afghanistan presents one of the most confronting case studies for the field of ‘transitional justice’. This article considers the question of …

On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor C. Romero

Journal Articles

The poignant story of a little boy fished out of the sea after losing his mother to the elements captured the country's imagination and ignited a political firestorm. The Elián González saga drew conflicting opinions from nearly every branch of American local, state, and federal governments.

This article takes no specific position on Elián's situation. Rather, this artivle values the González story for putting a human face on often faceless legal issues. More specifically, Elián's saga raises the following important question: When should the right of the human being to be treated as an individual trump the right of government …

The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley

Richmond Journal of Global Law & Business

The place of labor standards in the global economy has figured prominently in recent discussions of trade and globalization. Labor standards figured prominently in the Seattle meeting of the World Trade Organization (WTO) in 1999, and they promise to figure prominently in discussions about a proposed Free Trade Area of Americas (FTAA). Labor standards represent a critical issue for both the American labor movement and the international trade union movement as they are central to making globalization work for working people.

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 Wisdom And Enforceability Of Welfare Rights As Constitutional Rights , Herman Schwartz

Human Rights Brief

No abstract provided.

The Right Of Self-Determination: Is East Timor A Viable Model For Kashmir?, Amardeep Singh

Human Rights Brief

No abstract provided.

The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney

Law and Contemporary Problems

McNerney states that many in Congress who oppose the International Criminal Court are also some of the stronger advocates of the US speaking out against human rights abuses around the world. Rather than advocating the creation of an international criminal court that attempts to take decision making authority away from governments and invalidate the rule of law, however, they argue that more should be done to facilitate extradition of criminals to stand trial where they are accused.

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 …

The Costs Of International Human Rights Litigation, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Introduction To Torture As Tort: From Sudan To Canada To Somalia, Craig M. Scott

Articles & Book Chapters

The present work is chapter 1 of the edited volume, Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation (Hart Publishing, Oxford, 2001). At the time the book was generated, the controversial nature of seeking globalised justice through national courts had become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought extradition of the former President of Chile from the United Kingdom in order to bring him to account under Spanish criminal law for a variety of alleged violations in Chile of human rights, most notably involving torture. Yet, …