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Full-Text Articles in Law
Introductory Note To The Extraordinary Chambers Of The Courts Of Cambodia: Decision On The Appeals Against The Co-Investigative Judges Order On Joint Criminal Enterprise (Jce), Benjamin E. Brockman-Hawe
Introductory Note To The Extraordinary Chambers Of The Courts Of Cambodia: Decision On The Appeals Against The Co-Investigative Judges Order On Joint Criminal Enterprise (Jce), Benjamin E. Brockman-Hawe
Benjamin E. Brockman-Hawe
No abstract provided.
Violence Against Women And The Special Rapporteur On Traditional Practices Affecting The Health Of Women And The Girl Child, Ana M. Nacvalovaite
Violence Against Women And The Special Rapporteur On Traditional Practices Affecting The Health Of Women And The Girl Child, Ana M. Nacvalovaite
Ana M Nacvalovaite
The Article portrays a facet of the conflict between the universalism of human rights, and comprehensive analysis of the UN Special Rapporteur on Violence against Women in the case of a woman of Malian origin sentenced to prison in France for Female Genital Mutilation. It synthesizes recognized issues in the discussion and extends them in several important directions that continue to be overlooked, such as ethno-cultural and religious diversity, conflict between the universalism of human rights, the clash between particular cultural practices concerning women and human rights norms concerning the individual, in specifically in the context of liberal democratic states. …
A Dark Descent Into Reality: The Case For An Objective Definition Of Torture, Michael W. Lewis
A Dark Descent Into Reality: The Case For An Objective Definition Of Torture, Michael W. Lewis
Michael W. Lewis
Abstract The definition of torture is broken. The malleability of the term “severe pain or suffering” at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The “I know it when I see it” nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international law’s reliance on self-enforcement is considered. After discussing current common misconceptions about intelligence gathering and coercion that are common to all sides of the torture …
The Arms Trade Treaty: Zimbabwe, The Democratic Republic Of The Congo, And The Prospects For Arms Embargoes On Human Rights Violators., David B. Kopel, Paul Gallant, J0anne D. Eisen
The Arms Trade Treaty: Zimbabwe, The Democratic Republic Of The Congo, And The Prospects For Arms Embargoes On Human Rights Violators., David B. Kopel, Paul Gallant, J0anne D. Eisen
David B Kopel
Advocates of the proposed United Nations Arms Trade Treaty (ATT) promise that it will prevent the flow of arms to human rights violators. This paper first examines the ATT, and observes that the ATT, if implemented as promised, would require dozens of additional arms embargoes, including embargoes on much of Africa. The paper then provides case studies of the current supply of arms to the dictatorship in Zimbabwe and to the warlords in the eastern Democratic Republic of the Congo (DRC). The paper argues that the ATT would do nothing to remediate the conditions which have allowed so many arms …
International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson
International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.