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Articles 1 - 7 of 7
Full-Text Articles in Law
Human Rights Legislation In The Arab World: The Case Of Human Trafficking, Mohamed Y. Mattar
Human Rights Legislation In The Arab World: The Case Of Human Trafficking, Mohamed Y. Mattar
Michigan Journal of International Law
In the Arab World, human rights legislation has not always enhanced human rights. In fact, many national laws have been adopted that restrict human rights. Some countries' laws regulating nongovernmental organizations (NGOs) do not allow NGOs to receive funding from foreign entities. Media laws impose various limitations on the press. Jordan is the only Arab nation to enforce a comprehensive law on combating violence against women. Jordan is also the only country that has a law on access to information. Despite these gaps in human rights legislation, many Arab countries have passed comprehensive laws to combat human trafficking since the …
Palestine Is A State: A Horse With Black And White Stripes Is A Zebra, John Quigley
Palestine Is A State: A Horse With Black And White Stripes Is A Zebra, John Quigley
Michigan Journal of International Law
The article Israel, Palestine, and the ICC by Daniel Benoliel and Ronen Perry, published in Volume 32 of the Michigan Journal of International Law, makes a case against a possible assertion of jurisdiction by the International Criminal Court over war crimes that may have been committed by persons on either side of the 2008-2009 war in Gaza. Benoliel and Perry argue that the International Criminal Court is powerless to investigate or to prosecute such war crimes, despite the strong possibility that such crimes were committed. Concern over such possible crimes has been widely expressed at the international level, including a …
International Child Abduction And Children's Rights: Two Means To The Same End, Eran Sthoeger
International Child Abduction And Children's Rights: Two Means To The Same End, Eran Sthoeger
Michigan Journal of International Law
The Hague Convention aims to deter future abductors and demonstrate mutual respect for the laws of its member states, while presumably serving the best interests of the child. It operates as a jurisdictional mechanism by reinstating the status quo prior to the removal through the prompt return of the child to his or her place of habitual residence. This return, as clearly stated in the Hague Convention itself, bears no effect on the merits of any existing or future custody dispute between the parents. The Hague Convention demands that contracting states respect past or future decisions pertaining to custody decided …
Special Court For Sierra Leone: Achieving Justice?, Charles Chernor Jalloh
Special Court For Sierra Leone: Achieving Justice?, Charles Chernor Jalloh
Michigan Journal of International Law
The creation of the Special Court for Sierra Leone (SCSL or the Court) in early 2002 generated high expectations within the international community. The SCSL was generally deemed to herald a new model or benchmark for the assessment of future ad hoc international criminal courts. As the Court completes the trial of former Liberian President Charles Taylor in The Hague-its last-nine years later, this Article offers an early and broad assessment of whether it has fulfilled its promise. More specifically, this Article examines whether the SCSL has achieved, or more accurately-because its trials are still ongoing-whether it is achieving justice. …
Questioning The Peremptory Status Of The Prohibition Of The Use Of Force, James A. Green
Questioning The Peremptory Status Of The Prohibition Of The Use Of Force, James A. Green
Michigan Journal of International Law
It is incontrovertible that the prohibition of the unilateral use of force is a fundamental aspect of the United Nations (U.N.) era system for governing the relations between states. Given this fact, the prohibition, as set out most crucially in Article 2(4) of the U.N. Charter, is often seen as the archetypal example of a jus cogens norm (a "peremptory norm" of general international law). Certainly, an overwhelming majority of scholars view the prohibition as having a peremptory character. Similarly, the International Law Commission (ILC) has taken this view and it is arguable that the International Court of Justice (ICJ) …
An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect, Jonah Eaton
An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect, Jonah Eaton
Michigan Journal of International Law
The responsibility to protect, from its recent nativity in the 2001 report of the International Commission on Intervention and State Sovereignty (ICISS), is the latest round in an old debate pitting the principle of nonintervention in the internal affairs of states against allowing such intervention to prevent gross and systematic violations of human rights. Advocates for the concept see it as an important new commitment by the international community, injecting new meaning into the tragically threadbare promise to never again allow mass atrocities to occur unchallenged. ICISS offered the concept of responsibility to protect as a new way to confront …
Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres
Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres
Michigan Journal of International Law
In 2000, the international community formally launched the modern movement to combat human trafficking with the United Nations' adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (Trafficking Protocol). With the Trafficking Protocol, the international community created a new cornerstone upon which to build a global initiative to combat this modem form of slavery. As the first major international treaty on human trafficking in half a century, the Trafficking Protocol represented a significant step forward. One hundred forty-seven countries are now party to the …