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Full-Text Articles in Law
Unrwa And Palestine Refugees, Susan M. Akram
Unrwa And Palestine Refugees, Susan M. Akram
Faculty Scholarship
This chapter studies the relationship between Palestinian refugees and the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). UNRWA’s role is to provide humanitarian ‘relief’ and to provide economic opportunities—‘works’—for refugees in the areas of major displacement: the West Bank, Gaza, Syria, Jordan, and Lebanon. Initially, the definition of Palestine refugee for UNRWA’s purposes was a sub-category of the United Nations Conciliation Commission on Palestine definition for purposes of relief provision, but it also included other categories of persons displaced from later conflicts. Following the passage of the Convention on the Reduction of Statelessness, the …
The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law, Susan M. Akram
The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law, Susan M. Akram
Faculty Scholarship
The contemporary moment provides an acute illustration of the dangers of historical amnesia—as if the Trump Administration’s policies of exclusion, extremist nationalism, and presidential imperialism were singular to ‘now,’ and entirely reversible in the next election. This Article argues to the contrary; that we have been down this road before, and the current crisis in immigration and refugee policies is the inevitable development of trends of racism, including anti-Arab, anti-Muslim racism and xenophobia, that have only become normalized by the populist resurgence of Trumpism. If this premise is correct—that we are experiencing a culmination of a historical trajectory—what lessons from …
Valuing Life: A Human Rights Perspective On The Calculus Of Regulation, William J. Aceves
Valuing Life: A Human Rights Perspective On The Calculus Of Regulation, William J. Aceves
Faculty Scholarship
How much is a human life worth? This is both a puzzling and subversive question for human rights advocates to consider. The concept of human rights is premised on the sanctity and inviolability of human life as well as the equality of all human beings. Indeed, the right to life and the corollary right to be free from the arbitrary deprivation of life constitute the defining human right. To place a price on the value of human life is, thus, unsettling. And yet, monetary valuation of human life occurs frequently. Governments use cost-benefit analysis and calculations regarding the value of …
The Civil Redress And Historical Memory Acts Of 2029: A Legislative Proposal, William J. Aceves
The Civil Redress And Historical Memory Acts Of 2029: A Legislative Proposal, William J. Aceves
Faculty Scholarship
During the extant “War on Terror,” U.S. and foreign nationals who did not engage in hostilities were detained and mistreated abroad by the United States or by other countries with the acquiescence of the United States. These individuals were accused of being terrorists or were suspected of associating with terror groups, but they were, in fact, innocent. They were eventually released and were never charged by the United States with any crime. Despite their innocence, the United States has failed to provide them with any form of redress for their mistreatment. The Bush, Obama, and Trump administrations refused to apologize …
Competing For Refugees: A Market-Based Solution To A Humanitarian Crisis, Joseph Blocher, Mitu Gulati
Competing For Refugees: A Market-Based Solution To A Humanitarian Crisis, Joseph Blocher, Mitu Gulati
Faculty Scholarship
The current refugee crisis demands novel legal solutions, and new ways of summoning the political will to implement them. As a matter of national incentives, the goal must be to design mechanisms that discourage countries of origin from creating refugees, and encourage host countries to welcome them. One way to achieve this would be to recognize that persecuted refugee groups have a financial claim against their countries of origin, and that this claim can be traded to host nations in exchange for acceptance. Modifications to the international apparatus would be necessary, but the basic legal elements of this proposal already …
Mental Health Functioning In The Human Rights Field: Findings From An International Internet-Based Survey, Amy Joscelyne, Sarah Knuckey, Margaret Satterthwaite, Richard A. Bryant, Meng Li, Meng Quian, Adam D. Brown
Mental Health Functioning In The Human Rights Field: Findings From An International Internet-Based Survey, Amy Joscelyne, Sarah Knuckey, Margaret Satterthwaite, Richard A. Bryant, Meng Li, Meng Quian, Adam D. Brown
Faculty Scholarship
Human rights advocates play a critical role in promoting respect for human rights world-wide, and engage in a broad range of strategies, including documentation of rights violations, monitoring, press work and report-writing, advocacy, and litigation. However, little is known about the impact of human rights work on the mental health of human rights advocates. This study examined the mental health profile of human rights advocates and risk factors associated with their psychological functioning. 346 individuals currently or previously working in the field of human rights completed an internet-based survey regarding trauma exposure, depression, posttraumatic stress disorder (PTSD), resilience and occupational …
The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not: On The Human Rights Of Kidnapped Seamen And Their Families, Barry H. Dubner, Kimberly Chavers
The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not: On The Human Rights Of Kidnapped Seamen And Their Families, Barry H. Dubner, Kimberly Chavers
Faculty Scholarship
No abstract provided.
United States Detention Operations In Afghanistan And The Law Of Armed Conflict, Matthew C. Waxman
United States Detention Operations In Afghanistan And The Law Of Armed Conflict, Matthew C. Waxman
Faculty Scholarship
Looking back on US and coalition detention operations in Afghanistan to date, three key issues stand out: one substantive, one procedural and one policy. The substantive matter – what are the minimum baseline treatment standards required as a matter of international law? – has clarified significantly during the course of operations there, largely as a result of the US Supreme Court’s holding in Hamdan v. Rumsfeld. The procedural matter – what adjudicative processes does international law require for determining who may be detained? – eludes consensus and has become more controversial the longer the Afghan conflict continues. And the …
Sovereignty, Judicial Assistance And Protection Of Human Rights In International Criminal Tribunals, Kenneth S. Gallant
Sovereignty, Judicial Assistance And Protection Of Human Rights In International Criminal Tribunals, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.