Law Commons^™

The Finney County, Kansas Community Assessment Process: Fact Book, Debra J. Bolton Phd, Shannon L. Dick M.S.

Dr. Debra Bolton

This multi-lingual/multi-cultural study was called, Community Assets Processt, by the groups that “commissioned” it: Finnup Foundation, Finney County K-State Research & Extension, Western Kansas Community Foundation, Finney County United Way, Finney County Health Department, United Methodist Community Health Center (UMMAM), Center for Children and Families, Garden City Recreation Commission, and the Garden City Cultural Relations Board, because we intend for this to be an ongoing discussion. An objective, for those promoting the study, was to connect foundation, state, and federal funding with activities or services that addressed the true needs of people living in Finney County. The group was looking …

The Criminalisation Of The Illicit Trade In Cultural Property, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

This chapter considers the criminalisation of illicit traffic of cultural objects in international law and its impact for domestic law. The regulation of the trade in cultural objects has long been resisted in so-called market States, which host major auction houses and art and antiquities dealers. The lobbying was particularly directed against the enforcement of foreign public laws covering export controls in domestic courts. However, the Security Council’s adoption of resolutions that condemned the pillage of Iraqi and Syrian cultural sites has transformed this debate. These resolutions enunciate an obligation to prosecute in domestic courts which is covers all UN …

The Criminalisation Of The Intentional Destruction Of Cultural Heritage, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

This chapter examines how modern international law is protecting world heritage (‘the cultural heritage of all humanity’) by criminalising the intentional destruction of cultural heritage. In the digital age of the twenty-first century has witnessed a proliferation of deliberate acts of destruction, damaging and pillaging of World Heritage sites and their broadcasting via social media and the Internet. This chapter examines the evolving rationales for the intentional destruction of cultural heritage since the early twentieth century and international law’s response to such acts. First, there is an analysis of its initial criminalisation with the codification of the laws and customs …

International Economic Law And The Right To Food, Carmen G. Gonzalez

Carmen G. Gonzalez

This chapter examines the historic and current policies and practices that have contributed to food insecurity in the global South. It analyzes the impact of international economic law on the patterns of trade and production that perpetuate food insecurity, and recommends concrete measures that the international community might take through law and regulation to promote the fundamental human right to food. Part I provides a short introduction to the right to food framework and its implications for international trade, investment, and finance. Part II places the current food crisis in historical perspective by discussing the trade and aid policies that …

Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra

Paolo G. Carozza

No abstract provided.

Subsidiarity As A Structural Principle Of International Human Rights Law, Paolo G. Carozza

Paolo G. Carozza

This article argues that the principle of subsidiarity should be recognized as a structural principle of international human rights law primarily because of the way that it mediates between the universalizing aspirations of human rights and the fact of the diversity of human communities in the world. The idea of subsidiarity is deeply consonant with the substantive vision of human dignity and the universal common good that is expressed through human rights norms. Yet, at the same time it promotes respect for pluralism by emphasizing the freedom of more local communities to realize their own ends for themselves. Looking at …

Shall The Twain Never Meet? Competing Narratives And Discourses Of The Rule Of Law In Singapore, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

This article aims to assess the role played by the rule of law in discourse by critics of the Singapore Government’s policies and in the Government’s responses to such criticisms. It argues that in the past the two narratives clashed over conceptions of the rule of law, but there is now evidence of convergence of thinking as regards the need to protect human rights, though not necessarily as to how the balance between rights and other public interests should be struck. The article also examines why the rule of law must be regarded as a constitutional doctrine in Singapore, the …

Exploring The Relationship Between International Law And National Legal Systems: Economic, Social And Cultural Rights In Malaysia And Indonesia, Alice De Jonge Dr

Alice de Jonge Dr

The paper begins by summarising economic, social and cultural rights in international human rights law. The paper then explores the status of international law within the Constitutional legal systems of Malaysia and Indonesia. The paper then focuses upon the current status of social, economic and cultural rights in Malaysia and Indonesia. The paper concludes by noting the inter-relatedness and interdependence of all human rights – economic, social, cultural, civil and political.

The Internationalization Of Constitutional Law, Herman Schwartz

Herman Schwartz

No abstract provided.

Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra

Diane Orentlicher

No abstract provided.

Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra

Claudio M. Grossman

No abstract provided.

Book Review: Environmental Protection And Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

This article reviews Environmental Protection and Human Rights (Cambridge University Press, New York 2011), a textbook co-authored authored by Donald K. Anton and Dinah L. Shelton. The book examines the growing recognition by scholars, activists, governments, and international and domestic tribunals of the linkages between environmental protection and human rights. Although intended for use as a law school textbook and accompanied by five online problem-oriented case studies, this comprehensive volume will also serve as a valuable reference for scholars and practitioners as well as an excellent survey for newcomers to the field.

Building Trust In East Jerusalem: Housing Issues In The Israeli-Palestinian Conflict, Adam N. Schupack, James I. Pearce

Adam N Schupack

The Israeli-Palestinian conflict has been one of the world’s most contentious issues for more than half a century, and Jerusalem is at its center. Though frequently treated as one subject of dispute between Israelis and Palestinians, “Jerusalem” actually comprises a complex set of legal, political, and social issues. This Article examines one of them, the issue of housing in East Jerusalem, with a particular focus on whether some of the housing policies in that area violate international law. Believing that housing as a discrete topic can illuminate the nuances and complexities of the broader conflict without becoming too unmanageable or …

Reparations For The Uyghur Refugees Illegally Detained At Guantánamo Bay, Robin A. Lukes

Robin A. Lukes

The United States wrongfully captured a group of Uyghur refugees near the Afghanistan-Pakistan border and detained them at Guantánamo Bay. These detentions violated customary international law, conventions and treaties. The International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts outline reparations required for a violation of State obligations. In order to fully repair the grave damage inflicted on the Uyghur refugees by their illegal detention, the United States must provide restitution, compensation and satisfaction, including a resettlement option in the United States for the Uyghur refugees who were held or who currently are held at Guantánamo.

The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …

Globalization And The Theory Of International Law, Frank J. Garcia

Frank J. Garcia

The dominant modern account of the social basis of international law has been the "society of states" model. In this view, to the extent that international law constructs an ordered social space (a claim which has been contested since Hobbes if not before), it is a social space in which states are the actors. This view has had a profound effect on international law. For example, the doctrine of state responsibility classically understands international harms to individuals within a framework of harm to a state's rights. Normatively, to the extent justice is considered an operational concept in international law, it …

Human Rights Treaty Body Reform: New Proposals, Andrew Kloster

Andrew Kloster

“Reform” in international human rights law has become a narrow concept. A survey of the literature reveals that nearly any suggestion for reform concerns greater enforcement of international human rights substantive norms.

It is the purpose of this article to address the neglected question of treaty body role. Section II provides a nuts-and-bolts guide to the treaty body mandates for United Nations delegates, States Parties, and international lawyers. This section sketches the proper and improper actions for treaty bodies to take. It is our contention that if treaty bodies were limited to their proper role, they could more effectively use …

Targeted Killing Court: Why The United States Needs To Adopt International Legal Standards For Targeted Killings And How To Do So In A Domestic Court, Michael Epstein

Michael Epstein

In light of the fact that the Obama Administration appears committed to continuing and expanding the use of drones and targeted killing as a primary counter-terrorism method, addressing both domestic and international concerns about the legality of our drone use is no simple task. Much has been written on the topic, and various definitions and interpretations of international law have been proposed; in order to address all of these concerns simultaneously while balancing the obvious reality that drone strikes will not stop anytime soon, I propose that a domestic judicial mechanism is required. Part I of this paper demonstrates the …

The Global Politics Of Food: Introduction To The Theoretical Perspectives Cluster, Carmen G. Gonzalez

Carmen G. Gonzalez

The corporate-dominated, fossil-fuel dependent model of agricultural production has produced chronic undernourishment, an epidemic of obesity and diet-related diseases, and unprecedented ecological devastation. In May 2010, the Universidad Interamericana in Mexico City hosted an international conference on The Global Politics of Food: Sustainability and Subordination. Sponsored by Latina and Latino Critical Legal Theory, Inc. and by Seattle University School of Law, the conference took place under the auspices of the South-North Exchange on Theory, Culture and Law (SNX), a yearly gathering of scholars in the Americas that seeks to foster transnational, cross-disciplinary and inter-cultural dialogue on current issues in law, …

The Evolution Of A Partisan: Observations Of A Criminal Defense Attorney At The Ictr, Beth S. Lyons

Beth S. Lyons

No abstract provided.

History, Strategy And True Believers: Combining Rational Choice Theory And Social Movement Theory To Explain The Effectiveness Of Social Movements, Joanne Sweeny

JoAnne Sweeny

Both Rational Choice Theory and Social Movement Theory attempt to explain how public interest groups can influence political actors to enact progressive legislation or case law. Yet neither of these theories present a clear picture of what must be present for a social movement to succeed nor what must be absent for it to fail. For example, the bill of rights movement in the United Kingdom resulted in the Human Rights Act 1998 while the United States’ gay rights movement, which began to gain momentum around the same time, has had much more inconsistent success. This article addresses this problem …

History, Strategy And True Believers: Combining Rational Choice Theory And Social Movement Theory To Explain The Effectiveness Of Social Movements, Joanne Sweeny

JoAnne Sweeny

Both Rational Choice Theory and Social Movement Theory attempt to explain how public interest groups can influence political actors to enact progressive legislation or case law. Yet neither of these theories present a clear picture of what must be present for a social movement to succeed nor what must be absent for it to fail. For example, the bill of rights movement in the United Kingdom resulted in the Human Rights Act 1998 while the United States’ gay rights movement, which began to gain momentum around the same time, has had much more inconsistent success. This article addresses this problem …

The Global Food Crisis: Law, Policy, And The Elusive Quest For Justice, Carmen G. Gonzalez

Carmen G. Gonzalez

The food crisis of 2008, the subsequent financial crisis, and the ongoing climate crisis have created new challenges to the attainment of global food security. This essay examines the historic and current practices that have contributed to food insecurity in developing countries, and recommends several steps that the international community might take to promote the fundamental human right to food. The essay begins by outlining the trade and aid policies that laid the foundation for food insecurity in the global South from colonialism until the early twenty-first century. It then examines the impact of the financial crisis and the climate …

Complementarity And Alternative Justice, Gregory S. Gordon

Gregory S. Gordon

Certain commentators believe that domestic resort to alternative justice mechanisms (ARMs), such as Uganda's "mato oput" (a local tribal rite) or truth commissions, can relieve the International Criminal Court of its obligation to prosecute under the complementarity principle. However, this literature provides only general suggestions for how the ICC could determine whether alternative mechanisms render a case inadmissible under the complementarity regime. This article proposes a concrete set of analytic criteria the ICC can use to formulate an admissibility test for conducting complementarity analysis in difficult cases of municipal reliance on ARMs. The admissibility test entails consideration and parsing of …

The Right Of Property In Situations Of Armed Conflict: The Application Of Ihl Principles By The European Court Of Human Rights, Maheta Matteo Molango

Maheta Matteo Molango

The proliferation of non-international armed conflicts over the last three decades have contributed to draw the attention of scholars and commentators on the complex interrelationship between international humanitarian law (IHL) and human rights law. In Europe, contrary to the encouraging steps taken in other regional systems of human rights’ protection such as the Inter-American system, the activity of the European Court of Human Rights (ECtHR) has been characterized by its reluctance to apply IHL provisions to situations were arguably it should or even shall have use the laws of war as authoritative guidance.

This paper focuses on the analysis of …

Gendercide And The Cultural Context Of Sex Trafficking In China, Susan W. Tiefenbrun, Susan W. Tiefenbrun

Susan W Tiefenbrun

Abstract:Gendercide and the Cultural Context of Sex Trafficking in China

By Susan Tiefenbrun and Christie Edwards

Women in China are bought and sold, murdered and made to disappear in order to comply with a strict government One Child Policy that coincides with the cultural tradition of male-child preference and discrimination against women. Everyday “500 female suicides” occur in China because of “violence against women and girls, discrimination [against women] in education and employment, the traditional preference for male children, the country’s birth limitation policies, and other societal factors…” As a result of a widespread and arguably systematic disappearance and death …

Genetically Modified Organisms And Justice: The International Environmental Justice Implications Of Biotechnology, Carmen G. Gonzalez

Carmen G. Gonzalez

In September 2006, a WTO dispute settlement panel issued its long-awaited decision in favor of the United States in the dispute between the U.S. and the European Union over genetically modified organisms (GMOs). The ruling was based on narrow procedural grounds, and did not resolve the controversy over the safety of GMOs, over the right of countries to regulate GMOs more stringently than conventional products, or over the consistency of the EU's GMO regulatory regime with WTO requirements. The debate over GMOs continues unabated. Unfortunately, the high profile dispute between the U.S. and the EU has eclipsed the important debate …

Markets, Monocultures, And Malnurition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen G. Gonzalez

Carmen G. Gonzalez

Much of the literature on environmental justice struggles in the United States and in the Global South has highlighted the disproportionate concentration of environmental hazards in poor communities and communities of color. However, it is equally important to evaluate how human societies distribute access to environmental necessities , such as food and water. Food is a quintessential environmental necessity that is critical human survival, and the right to food is recognized under under a vareity of international human rights law instruments. This article examines the complex ways in which the rules governing international trade in agricultural products affect the fundamental …

Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen G. Gonzalez

Carmen G. Gonzalez

The theory of comparative advantage serves as the theoretical justification for the neoliberal economic reforms promoted by the International Monetary Fund, the World Bank, and multilateral and regional free trade agreements. This article employs insights from both neoclassical and heterodox economics in order to critique the theory of comparative advantage as applied to the agricultural sector. In particular, the article takes aim at the illusory notion that eliminating distortions in international agricultural trade caused by the lavish agricultural subsidies of wealthy nations will be sufficient to “level the playing field” and promote prosperity in both developed and developing countries. The …

Regional Economic Arrangements And The Rule Of Law In The Americas: The Human Rights Face Of Free Trade Agreements, Stephen Powell

Stephen Joseph Powell

In past studies, we explored the more visible and controversial linkages between international trade law and non-trade issues that span a broad range of vital interests we may collectively describe as human rights law. We have addressed the widespread criticism that international trade rules are insensitive to basic human rights and that globalization has done little with its enormous power to preserve exhaustible natural resources and otherwise promote sustainable development, to alleviate the gap between rich and poor, to encourage states to grant their citizens basic human rights contained in U.N. treaties, to resolve the often conflicting policies underlying essential …