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Washington University in St. Louis

Washington University Journal of Law & Policy

International Law

Human rights

Publication Year

Articles 1 - 11 of 11

Full-Text Articles in Law

Due Diligence To Prevent Foreseeable Harm: The International Human Rights Agenda On Civilian Gun Violence, Barbara A. Frey Jan 2019

Due Diligence To Prevent Foreseeable Harm: The International Human Rights Agenda On Civilian Gun Violence, Barbara A. Frey

Washington University Journal of Law & Policy

This article explains how firearms regulation became part of the United Nations’s human rights agenda. In 2002, the author of this article was appointed by a U.N. sub-commission to prepare a comprehensive study on the prevention of human rights violations committed with small arms and light weapons. The resulting report, which this article revisits, explained each U.N. member state’s responsibility to prevent its private individuals from using guns to violate others’ human rights. The article further discusses how the U.N. has developed an increased focus on the human rights aspects of gun violence in the ...


Gun Violence And Human Rights, Leila Nadya Sadat, Madaline M. George Jan 2019

Gun Violence And Human Rights, Leila Nadya Sadat, Madaline M. George

Washington University Journal of Law & Policy

This article challenges the prevailing narrative regarding gun rights in the United States by viewing them through the lens of human rights. In doing so, it makes five central claims. First, that the U.S. gun violence crisis implicates the rights enshrined in human rights treaties and customary international law. Second, that the U.S. government is responsible for addressing these rights violations. Third, that the U.S. government’s failure to do so is violative of its international human rights obligations. Fourth, that the Second Amendment does not pose a legal bar to the sorts of government actions that ...


Firearm Suicide As A Human Rights Priority For Prevention, Hannah S. Szlyk, Enoch Azasu, Sean Joe Jan 2019

Firearm Suicide As A Human Rights Priority For Prevention, Hannah S. Szlyk, Enoch Azasu, Sean Joe

Washington University Journal of Law & Policy

In addition to being a public health crisis, firearm suicide in the United States poses an ongoing threat to human rights of U.S. residents. This article argues that the U.S. is bound to act to honor its human rights obligations in this area. The article first reviews current statistics on firearm suicide in the U.S. It then outlines how the U.S. violates internationally established human rights by adhering to its current policies regarding firearms. Finally, the article suggests priorities for policy, public health intervention, and interdisciplinary education regarding access to firearms in the U.S.


Gun Violence And U.S. Obligations Under The Inter- American System For The Protection Of Human Rights, Christina M. Cerna Jan 2019

Gun Violence And U.S. Obligations Under The Inter- American System For The Protection Of Human Rights, Christina M. Cerna

Washington University Journal of Law & Policy

This article discusses the human rights aspects of gun violence from the perspective of the Organization of American States. The article explains the history, structure, and procedure of the OAS body that is charged with reviewing allegations of deprivations of human rights. Because exhaustion of claims at the national level is not required when the national law does not recognize a certain claim, the article argues that American victims of gun violence should be able to proceed directly to the international tribunal. In order for this to occur, the U.S. would need to ratify a treaty assenting to such ...


Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya Jan 2006

Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya

Washington University Journal of Law & Policy

The remarks that follow summarize how the claims of indigenous peoples have not only taken advantage of changes in the character of international law but have also contributed to those changes, particularly in the area of human rights. These changes are beneficial not just for indigenous peoples themselves but the humanity more broadly. Part I describes the nature of disparate international legal arguments employed by indigenous peoples and how those arguments have tended toward a human rights discourse. Part II discusses specific ways in which the indigenous human rights discourse has contributed to the evolution of international human rights law.


Introduction: The Un And The Protection Of Human Rights, Stephen H. Legomsky Jan 2001

Introduction: The Un And The Protection Of Human Rights, Stephen H. Legomsky

Washington University Journal of Law & Policy

The essential premise of modern international human rights law is that there is still hope. Human rights activists today ask practical questions, not just philosophical ones. What specific, concrete actions can the world community, states, NGOs, and individuals take, and what mechanisms can they establish, to put an end to the madness?

In various ways, the contributors to the present colloquium address themselves to these fundamental questions. They come from different regions of the world, different professional experiences, and different personal backgrounds, but they have in common an unmistakable longing to solidify respect for human rights and the rule of ...


Global Governments And Democratization, John B. Anderson Jan 2001

Global Governments And Democratization, John B. Anderson

Washington University Journal of Law & Policy

This essay addresses the questions of interpretation and reform that surround the United Nations and the UN Charter in consideration of a changing, global world. Particular attention is given to the need for "international civil society" to foster a culture of peace and justice. The paper poses a challenge for democratization and reform to mobilize and give voice to an empowered UN.


When, If Ever, May States Deploy Military Force Without Prior Security Council Authorization?, Thomas M. Franck Jan 2001

When, If Ever, May States Deploy Military Force Without Prior Security Council Authorization?, Thomas M. Franck

Washington University Journal of Law & Policy

Were the Charter a static instrument bound exclusively to the textually expressed intent of its drafters, the profound incapacitation of the Security Council and the absence of a stand-by police force might have put paid to the Charter’s collective security system. Instead, the system has adapted, specifically by uncoupling Article 43 from Article 42 and by broadening the authority of states to act in self-defense under Article 51. These adaptions, brought about precedent-by-precedent, are worth noting.


United Nations Peacekeeping Operations And The Use Of Fforce, Ruth Wedgwood Jan 2001

United Nations Peacekeeping Operations And The Use Of Fforce, Ruth Wedgwood

Washington University Journal of Law & Policy

When one views the UN up close, in the field and in New York, much of the unsteadiness in discharging its missions stems from the organization’s deep ambivalence about the proper use of force in international conflict resolution and its hobbled ability to muster efficacious force.


The Global Challenge Of Internal Displacement, Francis Mading Deng Jan 2001

The Global Challenge Of Internal Displacement, Francis Mading Deng

Washington University Journal of Law & Policy

I would like to address the subject of internal displacement from the perspective of four issues: the magnitude of the crisis, my conceptual approach to the mandate, the scope of activities I have undertaken pursuant to the mandate, and the need to address the root causes of internal displacement.


Human Rights Of Women, Aida González Martínez Jan 2001

Human Rights Of Women, Aida González Martínez

Washington University Journal of Law & Policy

Freedom, justice, and peace are based on the recognition of the dignity inherent to the human family and to its equal and inalienable rights. It is thus emphasized in the third paragraph of Article 1 of the United Nations Charter when referring to the endeavor of the international community to achieve international cooperation in “solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.” It is also declared in the first paragraph of the preamble ...