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Articles 1 - 30 of 36
Full-Text Articles in Law
Human Rights, Sovereignty, And The Final Status Of Kosovo , Bartram S. Brown
Human Rights, Sovereignty, And The Final Status Of Kosovo , Bartram S. Brown
Chicago-Kent Law Review
The final political status of Kosovo is ultimately a human rights issue, and a just and viable solution must balance the sovereignty and territorial integrity of Serbia with the human rights of Kosovar Albanians. A century ago Woodrow Wilson publicly endorsed self-determination as a fundamental principle linked to the equal rights of all peoples. Today it is broadly accepted as one of the essential principles of contemporary international law. Despite this exalted normative status, the principle of self-determination is limited by its inherent ambiguities.
Self-determination is a group right, to be exercised only by peoples, but there is no clear …
Final Status Of Kosovo: The Role Of Human Rights And Minority Rights , Wolfgang Benedek
Final Status Of Kosovo: The Role Of Human Rights And Minority Rights , Wolfgang Benedek
Chicago-Kent Law Review
In view of the massive human rights violations experienced in Kosovo, the reconstruction of society and the final status of the territory have to be based on human rights and minority rights. Besides universal human rights instruments, European regional standards are of particular importance as Kosovo wants to be fully integrated into Europe. The Article identifies the relevant European and international standards and procedures and finds shortcomings with regard to guarantees on economic, social, and cultural rights, which are an indispensable element of human security.
It then compares the role given to human and minority rights in the Constitutional Framework …
Protection Of Human Rights Under Kosovo's Criminal Code And Criminal Procedure Code, Rexhep Murati
Protection Of Human Rights Under Kosovo's Criminal Code And Criminal Procedure Code, Rexhep Murati
Chicago-Kent Law Review
The Criminal Code and Criminal Procedural Code of Kosovo, together with other laws from the fields of criminal and procedural law, provide protection of human rights to all of Kosovo's citizens based on the most advanced international standards of human rights. The Criminal Code of Kosovo increases the number of human rights and freedoms that are protected by law. The most important human rights and freedoms that benefit from this protection are the right to life and security of the person; fundamental rights and freedoms; and the rights to honor, reputation, personal dignity, marriage, family, and health. In the Criminal …
How To Influence States: Socialization And International Human Rights Law, Ryan Goodman, Derek Jinks
How To Influence States: Socialization And International Human Rights Law, Ryan Goodman, Derek Jinks
Duke Law Journal
Regime design choices in international law turn on empirical claims about how states behave and under what conditions their behavior changes. Substantial empirical evidence suggests three distinct mechanisms whereby states and institutions might influence the behavior of other states: coercion, persuasion, and acculturation. Several structural impediments preclude effective implementation of coercion- and persuasion-based regimes in human rights law--yet these models of social influence inexplicably predominate in international legal studies. In this Article, we first describe in some detail the salient conceptual features of each mechanism of social influence. We then link each of the identified mechanisms to specific regime design …
Show Me The Money: The Dominance Of Wealth In Determining Rights Performance In Asia, Randall Peerenboom
Show Me The Money: The Dominance Of Wealth In Determining Rights Performance In Asia, Randall Peerenboom
Duke Journal of Comparative & International Law
No abstract provided.
Lisa Schechtman On Reproductive Health And Human Rights: Integrating Medicine, Ethics, And Law By Rebecca J. Cook, Bernard M. Dickens, And Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 Pp., Lisa Schechtman
Human Rights & Human Welfare
A review of:
Reproductive Health and Human Rights: Integrating Medicine, Ethics, and Law by Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 pp.
John D. Becker On Islam, Liberalism, And Human Rights: Implications For International Relations By Katerina Dalacoura (Revised Edition). London: I.B. Tauris, 2003. 248pp., John D. Becker
Human Rights & Human Welfare
A review of:
Islam, Liberalism, and Human Rights: Implications for International Relations by Katerina Dalacoura (revised edition). London: I.B. Tauris, 2003. 248pp.
Inadequate Housing, Israel, And The Bedouin Of The Negev, Tawfiq S. Rangwala
Inadequate Housing, Israel, And The Bedouin Of The Negev, Tawfiq S. Rangwala
Osgoode Hall Law Journal
This article examines Israel's treatment of its Arab Bedouin citizens living in the Negev desert through the lens of the international human right to adequate housing. The Negev Bedouin, an agrarian indigenous community, is the most socially, politically and economically disadvantaged segment of the Arab minority in Israel. Their precarious situation is rooted primarily in Israeli land planning pursuits that have ignored Bedouin land claims in favor of settlement programs reserved exclusively for the majority population. This article documents the manner in which the overarching legal and political character of the state has led to the development of a legislative, …
State Sovereignty And Human Rights, Jack Donnelly
State Sovereignty And Human Rights, Jack Donnelly
Human Rights & Human Welfare
Sovereignty and human rights typically are seen as fundamentally opposed: the rights of states pitted against the rights of individuals; 1648 (the Peace of Westphalia) versus 1948 (the Universal Declaration of Human Rights).
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 …
Kathleen J. Hancock On Human Rights: International Protection, Monitoring, Enforcement By Janusz Symonides. Burlington, Vt: Ashgate Publishing, 2004. 416pp., Kathleen J. Hancock
Kathleen J. Hancock On Human Rights: International Protection, Monitoring, Enforcement By Janusz Symonides. Burlington, Vt: Ashgate Publishing, 2004. 416pp., Kathleen J. Hancock
Human Rights & Human Welfare
A review of:
Human Rights: International Protection, Monitoring, Enforcement by Janusz Symonides. Burlington, VT: Ashgate Publishing, 2004. 416pp.
Human Rights And The Neo-Conservative Project: What’S Not To Like?, Tom J. Farer
Human Rights And The Neo-Conservative Project: What’S Not To Like?, Tom J. Farer
Human Rights & Human Welfare
Hegemony, as neo-cons argued in the 1990s, is not the mere possession of dominating power but also the will to use it on behalf of a coherent project. In the Clinton years, hegemony was only latent. The catastrophe of September 2001 created the circumstances in which it could be made real. To what end? There is not yet a single comprehensive statement of the neoconservative project and its premises.
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 …
From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar
From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar
San Diego International Law Journal
The purpose of this study is to examine the past and present contours of the prohibition of "crimes against humanity", analyzing and scrutinizing the essential elements of this crime, with a view to obtaining and drawing together basic criteria that could eventually guide the adjudication of this offence. Furthermore, this clarification of "crimes against humanity" is particularly timely with respect to the soon functioning International Criminal Court (ICC).
Human Development Challenges In Africa: A Rights-Based Approach, Dejo Olowu
Human Development Challenges In Africa: A Rights-Based Approach, Dejo Olowu
San Diego International Law Journal
This paper examines this plethora of questions and attempts to move the theory of human development in Africa beyond the traditional confines of its macroeconomic and political propositions. The paper assesses the concept of human development within the broader discourse on the role of human rights in global development, highlighting the overall African context of the subject. Against the backdrop of remarkably increasing scholarly efforts aimed at establishing human development as a human rights question, this paper evaluates the capacity of existing and emerging human rights frameworks relevant to Africa, and identifies viable trajectories for result-oriented human development actions.
Human Rights Approaches Of Corruption Control Mechanisms - Enhancing The Hong Kong Experience Of Corruption Prevention Strategies, C. Raj Kumar
San Diego International Law Journal
This Article is intended to make a case for promoting transparency in governance policies from a human rights perspective so as to argue for the development of a human right to good governance in Hong Kong. Secondly, it analyzes the work of the Independent Commission against Corruption (ICAC) in Hong Kong and addresses certain concerns in improving the efficiency of the ICAC. Thirdly, it argues that rights against corruption in Hong Kong should move beyond a law enforcement and public policy issue and attain the status of a human right. Fourthly, this Article examines the growth and development of international …
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
San Diego International Law Journal
This Comment will address the unique dilemma of individuals in Kazakhstan whose health has been compromised by the former Soviet Union's 40-year period of nuclear testing on what is now Kazakhstan soil. The principal legal analysis of this Comment will focus on the availability of remedies (in the form of monetary damages available through legal resolution) to the citizens and/or state of Kazakhstan, and potential judicial forums in which to seek those remedies. Particular attention will be paid to the comparative likelihood of successful remedial legal action if pursued by a private class of Kazakhstan citizens versus action pursued by …
Hong Kong Right Of Abode: Ng Siu Tung & (And) Others V. Director Of Immigration - Constitutional And Human Rights At The Mercy Of China, Teresa Martin
Hong Kong Right Of Abode: Ng Siu Tung & (And) Others V. Director Of Immigration - Constitutional And Human Rights At The Mercy Of China, Teresa Martin
San Diego International Law Journal
This Comment argues that the Court's refusal to sidestep the Standing Committee's reinterpretation using either the Doctrine of Legitimate Expectation, or the judgments previously rendered clause in the Basic Law, signifies its capitulation to the Standing Committee, and its inability to protect constitutional rights and/or human rights in Hong Kong. This Comment will first give a brief background on the concept of one country, two systems and the drafting of the basic law. Second, it will introduce the Right of Abode cases, and explain the constitutional crisis of 1999. Third, it analyzes Ng Siu Tung & Others v. Director of …
Cognitive Dissonance Theory: A Case Study Of Loving V. Virginia, Bowers V. Hard Wick, And Lawrence V. Texas, Andrea Celina Coleman
Cognitive Dissonance Theory: A Case Study Of Loving V. Virginia, Bowers V. Hard Wick, And Lawrence V. Texas, Andrea Celina Coleman
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Charterwithout Borders? The Supreme Court Of Canada, Transnational Crime And Constitutional Rights And Freedoms, Robert J. Currie
Charterwithout Borders? The Supreme Court Of Canada, Transnational Crime And Constitutional Rights And Freedoms, Robert J. Currie
Dalhousie Law Journal
The first decades of the Supreme Court of Canada's Charter jurisprudence have coincided roughly with an increase in the extent to which Canada is affected by transnational crime and the nation s consequential participation in inter-state efforts to combat it. The Court itself has remarked on its discrete "jurisprudence on matters involving Canada's international co-operation in criminal investigations and prosecutions." This article examines the Court s adoption of a different approach to Charter analysis in cases involving transnational elements and surveys where the Court has "drawn the line" in terms of Charter application. By way of analyzing jurisprudence on exclusion …
Saving Constitutional Rights From Judicial Scrutiny: The Savings Clause In The Law Of The Commonwealth Caribbean, Margaret A. Burham
Saving Constitutional Rights From Judicial Scrutiny: The Savings Clause In The Law Of The Commonwealth Caribbean, Margaret A. Burham
University of Miami Inter-American Law Review
No abstract provided.
Lisa Schechtman On Social Work And Human Rights: A Foundation For Policy And Practice By Elisabeth Reichert. New York: Columbia University Press, 2003. 295pp., Lisa Schechtman
Human Rights & Human Welfare
A review of:
Social Work and Human Rights: A Foundation for Policy and Practice by Elisabeth Reichert. New York: Columbia University Press, 2003. 295pp.
Playing Hide And Seek With International Justice: What Went Wrong In Indonesia And East Timor, Stefanie Frease
Playing Hide And Seek With International Justice: What Went Wrong In Indonesia And East Timor, Stefanie Frease
ILSA Journal of International & Comparative Law
In discussing the justice processes used in Indonesia and East Timor to hold individuals accountable for serious violations of international law com- mitted in East Timor, it is important to emphasize that the problems are rooted in politics not the rule of law.
Early American Conflicts And Modern African Practices: A Comparative Commentary On Constitutionalism, Gloria J. Browne-Marshall
Early American Conflicts And Modern African Practices: A Comparative Commentary On Constitutionalism, Gloria J. Browne-Marshall
ILSA Journal of International & Comparative Law
I am most honored to introduce this panel titled African Countries at the Crossroads of Human Rights Development, the Rule of Law, and Economic Priorities.
Litigating Humanrights Abuses In United States Courts: Recent Developments, Elizabeth F. Defeis
Litigating Humanrights Abuses In United States Courts: Recent Developments, Elizabeth F. Defeis
ILSA Journal of International & Comparative Law
During the last quarter of a century, litigation in United States courts to address human rights abuses that occur beyond the shores of the United States has increased dramatically.
The Ada: A Model For Europe With "Sharper Teeth?", Carol Daughterty Rasnic
The Ada: A Model For Europe With "Sharper Teeth?", Carol Daughterty Rasnic
ILSA Journal of International & Comparative Law
I wish ... for the passionate sense of the potential, for the eye which... sees the possible.... Soren Kierkegaard, 19th century Danish philosopher
Return To Europe? The Czech Republic And The Eu's Influence On Its Treatment Of Roma, Matthew D. Marden
Return To Europe? The Czech Republic And The Eu's Influence On Its Treatment Of Roma, Matthew D. Marden
Vanderbilt Journal of Transnational Law
The Czech Republic has faced much criticism in the past fifteen years for the treatment of its Romani minority community. The European Union has successfully applied informal, non-legal means of pressuring the Czech Republic into making some changes necessary to improve living conditions for Roma. With the Czech Republic's recent accession to the European Union, legal human rights institutions will likely play a larger role in ensuring that the Czech Republic continues to improve conditions for Czech Roma. The Author uses a case brought by a group of Roma at the European Court of Human Rights to demonstrate the potential …
Human Rights, Health And The Environment, David Gillespie
Human Rights, Health And The Environment, David Gillespie
Human Rights & Human Welfare
Environmental health and human rights are inextricably linked. According to the Universal Declaration of Human Rights, Article 3, “Everyone has the right to life, liberty, and security of person.” Given that the earth is the source of the basic necessities of human life, any discussion about health and human rights must be attentive to its inherent environmental aspects. International conventions, documents and reports such as Agenda 21 (1992) and The Draft Declaration of Human Rights and the Environment (1994) have expressly argued for such an integrated approach. In response, a plethora of works over the past decade have expanded the …
The Struggle Of A Democracy Against Terrorism - Protection Of Human Rights: The Right To Privacy Versus The National Interest - The Proper Balance, Emanuel Gross
Cornell International Law Journal
No abstract provided.
Human Rights And Health, Paul Hunt
Human Rights And Health, Paul Hunt
Human Rights & Human Welfare
Introduction to Topical Research Digest section.
Access To Health, Natalie Huls
Access To Health, Natalie Huls
Human Rights & Human Welfare
Access to health is an often-overlooked aspect of the right to health. Without practical access, the right to health becomes an empty promise. International human rights conventions and declarations do not directly mention access to health, but the above comment on the International Covenant on Economic, Social, and Cultural Rights does address the issue.
Human Rights, Health, And Corporations, Gerald Montgomery
Human Rights, Health, And Corporations, Gerald Montgomery
Human Rights & Human Welfare
Unfettered economic policies have had a notable effect on the state of human rights. With the increasing spread of transnational corporations (TNCs), non-governmental organizations (NGOs) play a major role in setting ethical and moral standards for with the quality of life in the developing states where TNCs do business. Many TNCs are trying frantically to implement strategies that would alleviate labor injustices and corrupt practices in order to meet the standards argued for by NGOs.