Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
Between Idealism And Realism: A Few Comparative Reflections And Proposals On The Appointment Process Of The Inter-American Commission And Court Of Human Rights Members, Laurence Burgorgue-Larsen
Between Idealism And Realism: A Few Comparative Reflections And Proposals On The Appointment Process Of The Inter-American Commission And Court Of Human Rights Members, Laurence Burgorgue-Larsen
Notre Dame Journal of International & Comparative Law
In this Article, Professor Laurence Burgorgue-Larsen, a renowned scholar in European and Latin-American law, explores flaws in the process by which members are appointed to the Inter-American Commission and Court of human rights, respectively. Seeking to strike a balance between "Idealism" and "Realism," Burgorgue-Larsen seeks methods for improving the independence and impartiality of the Commissioners and Judges in the Inter-American system in the hopes of ultimately lending greater credibility and legitimacy to the system as a whole. Drawing comparisons to the appointment of judges on national and international courts worldwide, Burgorgue-Larsen ultimately produces specific suggestions for improving the appointment process, …
Saving The Paper Tiger: Biodiversity As An Irreplaceable Element Of Our Common Cultural Heritage, Lisa Meissner
Saving The Paper Tiger: Biodiversity As An Irreplaceable Element Of Our Common Cultural Heritage, Lisa Meissner
Notre Dame Journal of International & Comparative Law
This Note examines the role of international law and human rights in the conservation of global biodiversity as an element of our shared cultural heritage. International instruments like the Convention on the International Trade in Endangered Species of Wild Fauna and Flora and the World Heritage Convention have changed the discourse of international conservation law by connecting natural resources, including animal species, to incentives-based structures in local or regional communities. Such a legal foundation is critical to engaging with evolving international concepts of sustainable development and rural livelihoods protection that promote making biodiversity conservation cognizably valuable to humanity, both tangibly …
The Anglo-Latin Divide And The Future Of The Inter-American System Of Human Rights, Paolo Carozza
The Anglo-Latin Divide And The Future Of The Inter-American System Of Human Rights, Paolo Carozza
Notre Dame Journal of International & Comparative Law
A former President of the Inter-American Commission on Human Rights, Paolo Carozza draws on his personal experience to identify and propose solutions for a key flaw in the Inter-American Human Rights System: the division between English-language member states and states with Latin-based languages. Terming this division "The Anglo-Latin Divide," Carozza traces the division not only to linguistic difference, but also to differences in legal traditions. He explains how the differences between Anglo tradition of common law and the Latin tradition of civil law manifest in both substantive and procedural divides within the Inter-American Human Rights system, including in sensitive areas …
The Relationship Between Inter-American Jurisdiction And States (National Systems): Some Pertinent Questions, Sergio GarcíA RamíRez
The Relationship Between Inter-American Jurisdiction And States (National Systems): Some Pertinent Questions, Sergio GarcíA RamíRez
Notre Dame Journal of International & Comparative Law
In this Article, Judge Sergio García Ramírez of the Inter-American Court of Human Rights explores the complex and often vexing relationship between the Inter-American Human Rights system and the domestic human rights protections within the system's member states. García Ramírez identifies a number of challenges to implementing human rights protections in Latin America, many of which are rooted in a history of authoritarianism in the twentieth century and the nascent nature of the region's democratic institutions. Yet he sees solutions in the role of the Inter-American Court in the region. García Ramírez highlights the Court's role in interpreting international human …
Letter From The Editor, Trista Turley
Letter From The Editor, Trista Turley
Notre Dame Journal of International & Comparative Law
Editor-in-Chief Trista Turley writes to introduce Volume 5 of the Notre Dame Journal of International and Comparative Law.
The Rules And The Reality Of Petition Procedures In The Inter-American Human Rights System, Dinah Shelton
The Rules And The Reality Of Petition Procedures In The Inter-American Human Rights System, Dinah Shelton
Notre Dame Journal of International & Comparative Law
In this Essay, Professor Dinah Shelton draws on her personal experience as a member of the Inter-American Commission on Human Rights to discuss the underlying causes of a "crisis of commitment" to the Inter-American system of human rights. Shelton traces the roots of this crisis in large part to the Inter-American petition procedures. Giving an in-depth account of the structure of the Inter-American Commission on Human Rights and the details of the petition procedures, Shelton explores the issues of legitimacy, transparency, effectiveness, and efficiency raised by various aspects of the petitioning process, and discusses the various ways in which these …
Death Penalty, Amnesty Laws, And Forced Disappearances: Three Main Topics Of The Inter-American Corpus Juris In Criminal Law, Eduardo Ferrer Mac-Gregor, Pablo GonzáLez DomíNguez
Death Penalty, Amnesty Laws, And Forced Disappearances: Three Main Topics Of The Inter-American Corpus Juris In Criminal Law, Eduardo Ferrer Mac-Gregor, Pablo GonzáLez DomíNguez
Notre Dame Journal of International & Comparative Law
In this Article, Judge Eduardo Ferrer Mac-Gregor of the Inter-American Court of Human Rights and International Human Rights Researcher Pablo González Domínguez explore three of the richest and most contentious areas of the jurisprudence of the Inter-American Court of Human Rights: death penalty cases, amnesty law, and cased regarding forced disappearance. These topics encompass some of the most pressing human rights issues in the Inter-American System. For each topic, Ferrer Mac-Gregor and González Domínguez provide a succinct but comprehensive view of the Inter-American Court's jurisprudence, discuss the ways in which the core principles of this jurisprudence have been applied in …
Who Owns Villa La Pietra? The Story Of A Family, Their Home, And An American University Under Italian Law, Felicia Caponigri
Who Owns Villa La Pietra? The Story Of A Family, Their Home, And An American University Under Italian Law, Felicia Caponigri
Notre Dame Journal of International & Comparative Law
In 1994 Harold Acton, son of Arthur Acton, an English art dealer in Florence, and Hortense Mitchell Acton, an American banking heiress, donated his family home, Villa La Pietra, to New York University. Today, this Tuscan villa is at the center of a declaration of paternity lawsuit and a claim of inheritance brought by Liana Beacci, Arthur Acton's daughter by his Italian secretary. In this Note, Felicia Caponigri presents the facts of the case, focusing on the provenance of the Villa, and the procedural posture of the case. Caponigri applies Italian law to argue that New York University might claim …
Protecting Freedom Of Expression Over The Internet: An International Approach, Alan Sears
Protecting Freedom Of Expression Over The Internet: An International Approach, Alan Sears
Notre Dame Journal of International & Comparative Law
Writing primarily in 2013, Alan Sears examines different aspects of the international legal framework as to how freedom of expression over the Internet may be protected. Even though the Internet has largely incorporated the concept of freedom of expression from its inception, the need for such protection has become increasingly evident. States around the world have progressively cracked down on Internet speech, a trend highlighted by recent events occurring during the Arab Spring. Alan thus focuses on the Middle East when exploring how Internet governance may be shaped, and human rights and trade agreements may be utilized, in order to …