Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Human Rights Law (29)
- International Law (17)
- International Relations (12)
- Political Science (12)
- Social and Behavioral Sciences (12)
-
- International Humanitarian Law (8)
- Comparative and Foreign Law (3)
- Military, War, and Peace (3)
- Business Organizations Law (2)
- Comparative Politics (2)
- Constitutional Law (2)
- Criminal Law (2)
- Health Law and Policy (2)
- International Trade Law (2)
- Political Theory (2)
- Arts and Humanities (1)
- Asian Studies (1)
- Banking and Finance Law (1)
- Commercial Law (1)
- Education Law (1)
- Environmental Law (1)
- Health Policy (1)
- History (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Inequality and Stratification (1)
- International and Area Studies (1)
- Jurisprudence (1)
- Law and Society (1)
- Legal Writing and Research (1)
- Institution
-
- University of Denver (17)
- American University Washington College of Law (6)
- Duke Law (6)
- Cornell University Law School (4)
- University of San Diego (3)
-
- Nova Southeastern University (2)
- Villanova University Charles Widger School of Law (2)
- Louisiana State University Law Center (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- Northwestern Pritzker School of Law (1)
- Santa Clara Law (1)
- Schulich School of Law, Dalhousie University (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- Vanderbilt University Law School (1)
- Washington and Lee University School of Law (1)
- Publication
-
- Human Rights & Human Welfare (17)
- Cornell International Law Journal (4)
- Human Rights Brief (4)
- Duke Law Journal (3)
- San Diego International Law Journal (3)
-
- American University International Law Review (2)
- Duke Journal of Comparative & International Law (2)
- ILSA Journal of International & Comparative Law (2)
- Villanova Law Review (2)
- Dalhousie Law Journal (1)
- Hofstra Law Review (1)
- Law and Contemporary Problems (1)
- Louisiana Law Review (1)
- Maryland Series in Contemporary Asian Studies (1)
- Northwestern Journal of International Law & Business (1)
- Santa Clara Law Review (1)
- University of Colorado Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- Washington and Lee Law Review (1)
Articles 1 - 30 of 49
Full-Text Articles in Law
David P. Forsythe On Non-State Actors And Human Rights. Edited By Philip Alston. Oxford, Uk: Oxford University Press, 2005. 350pp., David P. Forsythe
David P. Forsythe On Non-State Actors And Human Rights. Edited By Philip Alston. Oxford, Uk: Oxford University Press, 2005. 350pp., David P. Forsythe
Human Rights & Human Welfare
No abstract provided.
Of Treaties And Torture: How The Supreme Court Can Restrain The Executive, Jeffrey C. Goldman
Of Treaties And Torture: How The Supreme Court Can Restrain The Executive, Jeffrey C. Goldman
Duke Law Journal
No abstract provided.
The Summer Has Ended And We Are Not Saved! Towards A Transformative Agenda For Africa's Development, Nsongurua J. Udombana
The Summer Has Ended And We Are Not Saved! Towards A Transformative Agenda For Africa's Development, Nsongurua J. Udombana
San Diego International Law Journal
This Article examines the promised debt relief and commends the G8 for taking the initiative to assist a continent in crisis. The Article, however, argues that debt relief is far from a complete cure, and that Sub-Saharan Africa (SSA) needs more than handouts from the G8 to overcome poverty. Debt relief is merely the end of the beginning; it is, at best, a gesture of support to Africa's effort at meeting human security, which the African Union (A.U.) defines as "the security of the individual in terms of satisfaction of his/her basic needs." Africa's problems are conspicuous, though their solutions …
Conflicts Diamonds: U.S. Responsibility And Response, Edward R. Fluet
Conflicts Diamonds: U.S. Responsibility And Response, Edward R. Fluet
San Diego International Law Journal
This Article will examine U.S. and international efforts to combat the trade in conflict diamonds. Specifically, this article will detail their failures and examine the need for U.S. backed legislation to prevent the conflict diamond trade more effectively. This article proceeds as follows: Part I will examine the effect of the conflict diamond trade on those caught in the grip of civil war and terrorism. Part II will analyze international efforts to curtail conflict diamonds trade, specifically examining international support of the Kimberley Process. Part III and IV will examine the United States'efforts to regulate conflict diamonds and the inherent …
Christina M. Cerna On Defining Civil And Political Rights: The Jurisprudence Of The United Nations Human Rights Committee By Alex Conte, Scott Davidson And Richard Burchill. Ashgate Publishing Company, 2004. 257pp., Christina M. Cerna
Human Rights & Human Welfare
No abstract provided.
Rhetoric, Divorce And International Human Rights: The Limits Of Divorce Reform For The Protection Of Children, Barbara Stark
Rhetoric, Divorce And International Human Rights: The Limits Of Divorce Reform For The Protection Of Children, Barbara Stark
Louisiana Law Review
No abstract provided.
Kathleen J. Hancock On Breaking Silence, The Case That Changed The Face Of Human Rights By Richard Alan White. Washington, Dc: Georgetown University Press, 2004. 320pp., Kathleen J. Hancock
Kathleen J. Hancock On Breaking Silence, The Case That Changed The Face Of Human Rights By Richard Alan White. Washington, Dc: Georgetown University Press, 2004. 320pp., Kathleen J. Hancock
Human Rights & Human Welfare
No abstract provided.
Karen Macdonald On Constitutional Environmental Rights By Tim Hayward. Oxford: Oxford University Press, 2005. 236pp., Karen Macdonald
Karen Macdonald On Constitutional Environmental Rights By Tim Hayward. Oxford: Oxford University Press, 2005. 236pp., Karen Macdonald
Human Rights & Human Welfare
No abstract provided.
David E. Guinn On The Wilson Chronology Of Human Rights: A Record Of The Human Striving For Freedom From Ancient Times To The Present. Edited By David Levinson. Bronx, Ny: H.W. Wilson, 2003. 581pp., David E. Guinn
Human Rights & Human Welfare
A review of:
The Wilson Chronology of Human Rights: A Record of the Human Striving for Freedom from Ancient Times to the Present. Edited by David Levinson. Bronx, NY: H.W. Wilson, 2003. 581pp.
David E. Guinn On A Handbook Of International Human Rights Terminology (Second Edition) By H. Victor Condé. Lincoln, Nb: University Of Nebraska Press, 2004. 536pp., David E. Guinn
Human Rights & Human Welfare
A review of:
A Handbook of International Human Rights Terminology (Second Edition) by H. Victor Condé. Lincoln, NB: University of Nebraska Press, 2004. 536pp.
David E. Guinn On A Dictionary Of Human Rights (2nd Edition) By David Robertson. London, England: Europa Publications, 2004. 346pp., David E. Guinn
David E. Guinn On A Dictionary Of Human Rights (2nd Edition) By David Robertson. London, England: Europa Publications, 2004. 346pp., David E. Guinn
Human Rights & Human Welfare
A review of:
A Dictionary of Human Rights (2nd Edition) by David Robertson. London, England: Europa Publications, 2004. 346pp.
Corporate Liability For Overseas Human Rights Abuses: The Alien Tort Statute After Sosa V. Alvarez-Machain, David D. Christensen
Corporate Liability For Overseas Human Rights Abuses: The Alien Tort Statute After Sosa V. Alvarez-Machain, David D. Christensen
Washington and Lee Law Review
No abstract provided.
"When Caterpillars Kill": Holding U.S. Corporations Accountable For Knowingly Selling Equipment To Countries For The Commission Of Human Rights Abuses Abroad, Zaha Hassan
San Diego International Law Journal
With the recent trend towards holding corporations accountable for aiding and abetting human rights abuses abroad, this paper asks the question whether corporations should be held liable for knowingly facilitating human rights abuses abroad by selling equipment widely known to be used in such abuses. To this end, the case of Caterpillar sales to Israel will here be examined. Part II provides an overview of the history of the Alien Tort Claims Act (ATCA) and its applicability in United States courts. Part III gives an overview of how corporate liability for human rights abuses abroad developed under the ATCA. Part …
White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto
White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto
Law and Contemporary Problems
The warning of a threat to national security has been used throughout US history as a means for the US government to execute repressive actions. Even today, the judiciary must take responsibility for defending citizens against such potential abuses by the executive branch.
The Prohibition Of Rape In International Humanitarian Law As A Norm Of Jus Cogens: Clarifying The Doctrine, David S. Mitchell
The Prohibition Of Rape In International Humanitarian Law As A Norm Of Jus Cogens: Clarifying The Doctrine, David S. Mitchell
Duke Journal of Comparative & International Law
No abstract provided.
International Law For The Masses, Jessica Bodack
International Law For The Masses, Jessica Bodack
Duke Journal of Comparative & International Law
No abstract provided.
Akinbola E. Akinwumi On Sickness And Wealth: The Corporate Assault On Global Health By Meredith Fort, Mary Anne Mercer And Oscar Gish (Eds). Cambridge: South End Press, 2004. 237pp., Akinbola E. Akinwumi
Akinbola E. Akinwumi On Sickness And Wealth: The Corporate Assault On Global Health By Meredith Fort, Mary Anne Mercer And Oscar Gish (Eds). Cambridge: South End Press, 2004. 237pp., Akinbola E. Akinwumi
Human Rights & Human Welfare
A review of:
Sickness and Wealth: The Corporate Assault on Global Health by Meredith Fort, Mary Anne Mercer and Oscar Gish (eds). Cambridge: South End Press, 2004. 237pp.
Courts And Constitutional Usurpers Some Lessons From Fiji, Venkat Iyer
Courts And Constitutional Usurpers Some Lessons From Fiji, Venkat Iyer
Dalhousie Law Journal
Much concern and disappointment has been expressed by jurists and human rights campaigners over the inaction ofnational judiciaries in reversing the effects of coups d'etat and other acts which result in the unconstitutional overthrow of democratically constituted governments Against this backdrop, the decisive steps taken b) the superior courts of Fiji to nullify the attempted destabilisation of that country's elected government in May 2000 was a trail-blazing development The author analyses the jurisprudence in this area and explains the implications of the Fijian judgments.
Hijacked Justice: Domestic Appropriation Of International Norms, Jelena Subotić
Hijacked Justice: Domestic Appropriation Of International Norms, Jelena Subotić
Human Rights & Human Welfare
This paper explores the domestic politics of international norm diffusion, using the global transmission of transitional justice norms as the empirical context of the research. Applying sociological institutionalism as the principal theoretical framework, I argue that the motivation of states to adopt international models of transitional justice has changed over time. The transitional justice norm - that posits that war crimes and massive human rights abuses must be dealt with in a proper legal setting and not through “victors’ justice” or impunity - was institutionalized in large part as the result of a strong domestic demand for transitional justice in …
Peggy J. Blair On Commercial Law And Human Rights Edited By Stephen Bottomley And David Kinley. Burlington, Vt: Ashgate, 2001. 356pp., Peggy J. Blair
Peggy J. Blair On Commercial Law And Human Rights Edited By Stephen Bottomley And David Kinley. Burlington, Vt: Ashgate, 2001. 356pp., Peggy J. Blair
Human Rights & Human Welfare
A review of:
Commercial Law and Human Rights edited by Stephen Bottomley and David Kinley. Burlington, VT: Ashgate, 2001. 356pp.
Aaron Peron Ogletree On Indigenous Peoples In International Law (Second Edition) By S. James Anaya. Oxford: Oxford University Press, 2004. 396pp., Aaron Peron Ogletree
Aaron Peron Ogletree On Indigenous Peoples In International Law (Second Edition) By S. James Anaya. Oxford: Oxford University Press, 2004. 396pp., Aaron Peron Ogletree
Human Rights & Human Welfare
A review of:
Indigenous Peoples In International Law (Second Edition) by S. James Anaya. Oxford: Oxford University Press, 2004. 396pp.
Aiding Whom? Competing Explanations Of Middle-Power Foreign Aid Decisions, Bethany Barratt Phd
Aiding Whom? Competing Explanations Of Middle-Power Foreign Aid Decisions, Bethany Barratt Phd
Human Rights & Human Welfare
Paper presented at International Studies Association annual meeting Honolulu, Hawaii March 2005. I thank Sabine Carey, Christian Erickson, Scott Gartner, Miroslav Nincic, Steve Poe, and Randolph Siverson for excellent feedback on earlier versions of this research, and Richard Tucker for generously providing the Similarity of UN Policy Positions data.
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 …
The United States And Economic And Social Rights: Past, Present…And Future?, Daniel J. Whelan
The United States And Economic And Social Rights: Past, Present…And Future?, Daniel J. Whelan
Human Rights & Human Welfare
There is probably no other topic in the field of human rights that is more difficult to talk about clearly than economic and social rights. The language surrounding economic and social goods as rights claims is often muddled and confusing, lacks precision, and is difficult to grasp. What does it mean, for example, to have a right to the “highest attainable standard of mental and physical health,” for example? What is “highest”? What about “attainable standard”? What is included in “mental and physical health?” Should health care be free-of-charge? Should the state provide it? Would we have to go court …
Internalization Through Socialization, Harold Hongju Koh
Internalization Through Socialization, Harold Hongju Koh
Duke Law Journal
No abstract provided.
Do States Socialize?, Jose E. Alvarez
International Humanitarianism In The Contemporary World: Forms And Issues, David P. Forsythe
International Humanitarianism In The Contemporary World: Forms And Issues, David P. Forsythe
Human Rights & Human Welfare
© 2004 David P. Forsythe. All rights reserved.
This paper was commissioned by the U.S. Social Science Research Council and the United Nations University, for a research project on multilateralism starting Fall 2004.
The paper may not be quoted or referred to in any reference without the written permission of the author. Suggested revisions are welcomed by the author via his email address. 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 …
Human Rights, Jack Donnelly
Human Rights, Jack Donnelly
Human Rights & Human Welfare
Human rights are, literally, the rights we have simply because we are human. They are equal rights: one either is or is not a human being, and thus has exactly the same human rights as every other human being. They are inalienable rights: one cannot stop being a human being, and therefore cannot lose one's human rights, no matter how horribly one behaves nor how barbarously one is treated. Human rights are also universal rights, held by every human being, everywhere. This chapter offers a conceptual analysis of human rights, a brief account of their historical evolution, and an introduction …
The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker
The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker
Cornell International Law Journal
A former UN official & staff lawyer for the International Court of Justice (ICJ) reflects on that courts ruling on Israels construction of a wall in the Occupied Palestinian Territory. It is emphasized that the Court's primary focus was upholding international law. The case was not about Israels right to build a protective structure on its own territory but about the course of the West Bank barrier that extends past the Green Line designated in the 1949 Armistice Agreement. Key pronouncements of the landmark opinion are examined, including condemnation of the settlements that Israel had established in Palestinian territories; the …
The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton
The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the creation of the Iraq Special Tribunal (IST) is warranted under the existing structure of international law, & accords the highest aspirations of those who purport to believe in the rule of law. The legal authorities for the creation of the Special Iraqi Tribunal in Articles 64 & 43 of the Hague regulations regarding occupation, legal authority through the UN Security Council Resolution 1483, & the Coalitional Provisional Authority are defined. The structure of the IST is described in terms of jurisdictional reach, procedural …
The Applicability Of International Human Rights Law To The Coalition Provisional Authority (Cpa) And Foreign Military Presence In Iraq, Ralph Wilde
ILSA Journal of International & Comparative Law
When the prisoner abuse scandal in Abu Ghraib prison in Baghdad, Iraq, broke in the Spring of 2004, Lord Lester, a British Parliamentarian, submitted a written parliamentary question to the U.K. government asking the following: [W]hether the Coalition Provisional Authority or the Coalition Forces are required by law to respect the fundamental human rights of Iraqi people, as defined in the bill of rights contained in the transitional administrative law for Iraq or otherwise; and if not, what recourse is available to the people of Iraq for breaches of those rights by the Authority or the forces.