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Articles 1 - 30 of 61
Full-Text Articles in Law
The Relative Universality Of Human Rights (Revised), Jack Donnelly
The Relative Universality Of Human Rights (Revised), Jack Donnelly
Human Rights & Human Welfare
© Jack Donnelly. All rights reserved.
This article is forthcoming in Human Rights Quarterly.
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 here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website …
On Conflict Of Human Rights, Xiaobing Xu, George Wilson
On Conflict Of Human Rights, Xiaobing Xu, George Wilson
The University of New Hampshire Law Review
[Excerpt] “This article supports Gewirth’s view: that is, the reason why utilitarian values such as national security, public safety, public order, public health, and public morality may outweigh human rights is that they contain human rights elements. Thus, as a rule, whenever human rights clash with nonrights value considerations, we should analyze whether they contain human rights elements. If they do, they may override human rights that conflict with them. If they do not, they cannot.”
Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto
Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto
Human Rights & Human Welfare
The obligations set forth in the international and regional instruments on human rights are considered as having a strictly territorial scope. States parties have the duty to guarantee the rights recognized in the treaties to all individuals within their territories. The territorial reach of these obligations is expanding by way of interpretation. In its decision on Bankovic, the European Court reduced the impact of this international trend toward a progressive enlargement of the protection granted by human rights treaties, affirming those attacks conducted by NATO against Yugoslavia in 1999 fell out of the extraterritorial reach of the European Convention. After …
(Not Yet) Taking Rights Seriously: The House Of Lords In Begum V. Headteacher And Governors Of Denbigh High School, Gareth Davies
(Not Yet) Taking Rights Seriously: The House Of Lords In Begum V. Headteacher And Governors Of Denbigh High School, Gareth Davies
Human Rights & Human Welfare
© Gareth Davies. All rights reserved.
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 here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.
Linking Global Warming To Inuit Human Rights, Marguerite E. Middaugh
Linking Global Warming To Inuit Human Rights, Marguerite E. Middaugh
San Diego International Law Journal
Under international law, the United States government has violated the Inuit's human rights by failing to take action against climate change. The Inter-American Commission on Human Rights should find that the allegations of human rights violations by the Inuit are justified and rule in their favor. This Article first explores the impacts of climate change on the Inuit and each of the Inuit's basic human rights, which are implicated by the environmental changes. Next, the role and responsibility of the U.S. with respect to climate change is examined. This section discusses the current attitude and actions of the U.S. government, …
U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White
U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White
San Diego International Law Journal
Focusing on defensive asylum applications, this Comment examines whether certain provisions of REAL ID violate due process and international obligations to asylum seekers. Part I situates REAL ID within the historical context of nearly a decade of restrictive U.S. immigration law and over two decades of Executive Orders aimed at deterring a mass exodus of asylum seekers from reaching U.S. shores. Part II provides an overview of the U.S. asylum system and argues that the system produces inconsistent and sometimes arbitrary results, indicating that segments of the system do not satisfy international obligations. Part III outlines three provisions of REAL …
J. Eric Dibbern On Forbidden Families: Family Unification And Child Registration In East Jerusalem By Yael Stein. Hamoked: Center For The Defense Of The Individual, 2004. 41pp., J. Eric Dibbern
Human Rights & Human Welfare
A review of:
Forbidden Families: Family Unification and Child Registration in East Jerusalem by Yael Stein. HaMoked: Center for the Defense of the Individual, 2004. 41pp.
Sarah Bania-Dobyns On New Terror, New Wars By Paul Gilbert. Washington, Dc: Georgetown University Press, 2003. 176pp., Sarah Bania-Dobyns
Sarah Bania-Dobyns On New Terror, New Wars By Paul Gilbert. Washington, Dc: Georgetown University Press, 2003. 176pp., Sarah Bania-Dobyns
Human Rights & Human Welfare
A review of:
New Terror, New Wars by Paul Gilbert. Washington, DC: Georgetown University Press, 2003. 176pp.
Labor’S Human Rights: A Review Of The Nature And Status Of Core Labor Rights As Human Rights, Roy J. Adams
Labor’S Human Rights: A Review Of The Nature And Status Of Core Labor Rights As Human Rights, Roy J. Adams
Human Rights & Human Welfare
© Roy J. Adams. All rights reserved.
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 here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.
Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch
Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch
University of Miami International and Comparative Law Review
No abstract provided.
Kimberly Lanegran On Telling The Truths: Truth Telling And Peace Building In Post-Conflict Societies. Edited By Tristan Anne Borer. Notre Dame, In: University Of Notre Dame Press, 2006. 316 Pp., Kimberly Lanegran
Human Rights & Human Welfare
A review of:
Telling the Truths: Truth Telling and Peace Building in Post-Conflict Societies. Edited by Tristan Anne Borer. Notre Dame, IN: University of Notre Dame Press, 2006. 316 pp.
Sonia Cardenas On Human Rights In The Arab World: Independent Voices. Edited By Anthony Chase And Amr Hamzawy. Philadelphia: University Of Pennsylvania Press, 2006. 336 Pp., Sonia Cardenas
Human Rights & Human Welfare
A review of:
Human Rights in the Arab World: Independent Voices. Edited by Anthony Chase and Amr Hamzawy. Philadelphia: University of Pennsylvania Press, 2006. 336 pp.
The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker
The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker
Duke Journal of Comparative & International Law
No abstract provided.
Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld
Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld
Duke Journal of Comparative & International Law
No abstract provided.
The Humanitarian Monarchy Legislates: The International Committee Of The Red Cross And Its 161 Of Customary International Humanitarian Law, Leah M. Nicholls
The Humanitarian Monarchy Legislates: The International Committee Of The Red Cross And Its 161 Of Customary International Humanitarian Law, Leah M. Nicholls
Duke Journal of Comparative & International Law
No abstract provided.
Richard Burchill On International Human Rights And Humanitarian Law: Treaties, Cases And Analysis By Francisco Forrest Martin, Stephen J. Schnably, Richard J. Wilson, Jonathan S. Simon, And Mark V. Tushnet. Cambridge: Cambridge University Press, 2006. 1022 Pp., Richard Burchill
Human Rights & Human Welfare
A review of:
International Human Rights and Humanitarian Law: Treaties, Cases and Analysis by Francisco Forrest Martin, Stephen J. Schnably, Richard J. Wilson, Jonathan S. Simon, and Mark V. Tushnet. Cambridge: Cambridge University Press, 2006. 1022 pp.
Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl
Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Kurt Mills On The Dark Sides Of Virtue: Reassessing International Humanitarianism By David Kennedy. Princeton: Princeton University Press, 2005. 400 Pp., Kurt Mills
Human Rights & Human Welfare
A review of:
The Dark Sides of Virtue: Reassessing International Humanitarianism by David Kennedy. Princeton: Princeton University Press, 2005. 400 pp.
Modern Condottieri In Iraq: Privatizing War From The Perspective Of International Human Rights Law, Antenor Hallo De Wolf
Modern Condottieri In Iraq: Privatizing War From The Perspective Of International Human Rights Law, Antenor Hallo De Wolf
Indiana Journal of Global Legal Studies
No abstract provided.
Richard Burchill On The Practice And Procedure Of The Inter-American Court Of Human Rights By Jo M. Pasqualucci. Cambridge: Cambridge University Press, 2003. 488pp., Richard Burchill
Human Rights & Human Welfare
A review of:
The Practice and Procedure of the Inter-American Court of Human Rights by Jo M. Pasqualucci. Cambridge: Cambridge University Press, 2003. 488pp.
Is Humanity Enough? The Secular Theology Of Human Rights, Peter Fitzpatrick
Is Humanity Enough? The Secular Theology Of Human Rights, Peter Fitzpatrick
Human Rights & Human Welfare
© Peter Fitzpatrick. All rights reserved.
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 here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.
The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum
The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum
San Diego International Law Journal
This Article will examine the role that the danger test has played in the decisions of American courts and, more recently, in the decisions of British courts and the enforcement organs of the European Convention. Part I will briefly trace the immediate Anglo-American constitutional background from which the danger test emerged. It particular, it will examine the way in which the common law offense of seditious libel was defined by British judges and judicial commentators in the late nineteenth century. Part II will focus on the evolution in American law of judicial attempts to articulate both a "content-based" and an …
Litigating Child Recruitment Before The Special Court For Sierra Leone, Noah B. Novogrodsky
Litigating Child Recruitment Before The Special Court For Sierra Leone, Noah B. Novogrodsky
San Diego International Law Journal
In May 2004, the Special Court for Sierra Leone issued a landmark decision finding that an individual may be held criminally responsible for the offense of recruiting child soldiers into armed conflict. As a hybrid tribunal established by the United Nations and the Government of Sierra Leone to try those who "bear the greatest responsibility" for serious violations of international humanitarian law committed during the country's civil war after November 1996, the Special Court is the first international criminal body to indict a person for the crime of recruiting and employing children in war. The decision in the case of …
The Obligation To Use Force To Stop Acts Of Genocide: An Overview Of Legal Precedents, Customary Norms, And State Responsibility, Joshua M. Kagan
The Obligation To Use Force To Stop Acts Of Genocide: An Overview Of Legal Precedents, Customary Norms, And State Responsibility, Joshua M. Kagan
San Diego International Law Journal
Though the Genocide Convention was created to "liberate mankind from [the] odious scourge" of genocide, the dreams of its drafters have still not come to fruition. The commission of genocide, widely considered the most appalling of all crimes, did not end with the signing and ratification of the Convention in 1948. Genocide continues in the world today. While its sentiments were noble and its aims commendable, the Genocide Convention as it is interpreted and applied today is insufficient to stop the commission of genocide in the world. In order to rid the world of this crime, a new interpretation of …
Brief Of The University Of Toronto International Human Rights Clinic As Amicus Curiae To The Special Court For Sierra Leone, Noah B. Novogrodsky
Brief Of The University Of Toronto International Human Rights Clinic As Amicus Curiae To The Special Court For Sierra Leone, Noah B. Novogrodsky
San Diego International Law Journal
This brief addresses three questions: 1) the illegality of recruiting child soldiers into armed conflict; 2) the application of penal sanctions in international humanitarian law; and 3) the proper application of the principle of nullum crimen sine lege. Part I of our argument will establish that the recruitment of children into armed conflict is and was unquestionably a violation of international humanitarian law at the time the alleged offences took place. Part II will explain when international law permits prosecution of violations of international humanitarian law irrespective of whether penal sanctions are attached. Amici conclude that such prosecutions are permitted …
A Constant Battle: The Evolving Challenges In The International Fight Against Doping In Sport, Jessica K. Foschi
A Constant Battle: The Evolving Challenges In The International Fight Against Doping In Sport, Jessica K. Foschi
Duke Journal of Comparative & International Law
No abstract provided.
Acculturation And The Development Of Death Penalty Doctrine In The United States, Krista L. Patterson
Acculturation And The Development Of Death Penalty Doctrine In The United States, Krista L. Patterson
Duke Law Journal
No abstract provided.
Has Conduct In Iraq Confirmed The Moral Inadequacy Of International Humanitarian Law? Examining The Confluence Between Contract Theory And The Scope Of Civilian Immunity During Armed Conflict, Samuel Vincent Jones
Has Conduct In Iraq Confirmed The Moral Inadequacy Of International Humanitarian Law? Examining The Confluence Between Contract Theory And The Scope Of Civilian Immunity During Armed Conflict, Samuel Vincent Jones
Duke Journal of Comparative & International Law
No abstract provided.
Advisory Opinions On Human Rights: Moving Beyond A Pyrrhic Victory, Julie Calidonio Schmid
Advisory Opinions On Human Rights: Moving Beyond A Pyrrhic Victory, Julie Calidonio Schmid
Duke Journal of Comparative & International Law
No abstract provided.
Leaving Guantánamo: The Law Of International Detainee Transfers, Robert M. Chesney
Leaving Guantánamo: The Law Of International Detainee Transfers, Robert M. Chesney
University of Richmond Law Review
No abstract provided.