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Full-Text Articles in Law
Access To Justice In The United Nations Human Rights Committee, Vera Shikhelman
Access To Justice In The United Nations Human Rights Committee, Vera Shikhelman
Michigan Journal of International Law
This Article has two main purposes. The first is to describe and evaluate empirically the right of individuals to access the HRC under the OP in light of the special goals of this procedure as perceived by the different stakeholders. The second is to recommend ways to improve individuals’ access to the HRC and thereby to international justice in general. In order to address the first question, the Article uses a mixed-methods approach—a combination of quantitative and qualitative research methods.
United Nations Against Slavery: Unravelling Concepts, Institutions And Obligations, Vladislava Stoyanova
United Nations Against Slavery: Unravelling Concepts, Institutions And Obligations, Vladislava Stoyanova
Michigan Journal of International Law
The article starts with a section containing a historical description (Part I). The turn to broader historical accounts is apposite since the engagement of international law with slavery, servitude, and forced labor predates the emergence of international human rights law. It is also important to clarify whether there is any continuity between these earlier engagements of international law and Article 8 of the ICCPR. When it comes to slavery, it is important to consider the practices to which this label was attached and how this still influences the contemporary understanding of the term. Notably, the terminological fragmentation between slavery and …
From Indifference To Engagement: Bystanders And International Criminal Justice, Laurel E. Fletcher
From Indifference To Engagement: Bystanders And International Criminal Justice, Laurel E. Fletcher
Michigan Journal of International Law
This Article contributes to the scholarship on transitional justice by examining how the legal architecture and operation of international criminal law constricts bystanders as subjects of jurisprudence, considering the effects of this limitation on the ability of international tribunals to promote their social and political goals, and proposing institutional reforms needed to address this limitation.
The Place Of Law In Collective Security, Martti Koskenniemi
The Place Of Law In Collective Security, Martti Koskenniemi
Michigan Journal of International Law
In this article the author wants to examine the place of law in our thinking about and sometimes participation in decision-making regarding international security. After the end of the Cold War, and particularly since the United Nations' reaction to Iraq's occupation of Kuwait in 1990-91, an academic debate concerning the possibility of collective security has arisen anew. The intention is not to take a definite view in that controversy. Instead, the author shall suggest that this debate has been framed so as to obscure the role of normative considerations, including law, in the production or construction of collective security. A …
Soft Law And The International Law Of The Environment, Pierre-Marie Dupuy
Soft Law And The International Law Of The Environment, Pierre-Marie Dupuy
Michigan Journal of International Law
Because the existing body of international environmental law has, in part, emerged on the basis of "soft" norms, it provides a good field for observing the general sociological and juridical phenomenon termed "soft" law. The 1972 Stockholm Declaration adopted by the UN Conference on the Human Environment, for example, constitutes the normative program for the world community 'in this field. Although, from a formal point of view, the Declaration is only a nonbinding resolution, many of its "principles," particularly Principle 21, have been relied upon by governments to justify their legal rights and duties. The subsequent State practice has been, …