Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Human Rights Law (146)
- International Law (94)
- Social and Behavioral Sciences (30)
- Arts and Humanities (22)
- Criminal Law (19)
-
- Environmental Law (19)
- Civil Rights and Discrimination (18)
- Constitutional Law (17)
- Law and Gender (17)
- Law and Society (16)
- Jurisprudence (15)
- Political Science (15)
- Comparative and Foreign Law (14)
- Immigration Law (9)
- Indigenous, Indian, and Aboriginal Law (9)
- Intellectual Property Law (9)
- International Trade Law (8)
- Legal Studies (8)
- Public Affairs, Public Policy and Public Administration (8)
- Public Law and Legal Theory (8)
- Family Law (7)
- International Humanitarian Law (7)
- Military, War, and Peace (7)
- Political Theory (7)
- International Relations (6)
- Natural Resources Law (6)
- Agriculture Law (5)
- Courts (5)
- International and Area Studies (5)
- Institution
- Publication Year
- Publication
-
- Carmen G. Gonzalez (21)
- Dr. Saumya Uma (16)
- Berta E. Hernández-Truyol (15)
- Saumya Uma (8)
- Ashok Agrwaal (7)
-
- Claudio M. Grossman (6)
- Maxwell O. Chibundu (6)
- Douglas L. Colbert (5)
- Evan J. Criddle (5)
- Ana Filipa Vrdoljak (4)
- Linda A. Malone (4)
- Perry S. Bechky (4)
- Brian Christopher Jones (3)
- Deborah M. Weissman (3)
- James T Gathii (3)
- Jo Pasqualucci (3)
- Marco A. Velásquez-Ruiz (3)
- Yofi Tirosh (3)
- raphael cohen-almagor (3)
- Abdulmumini A Oba (2)
- Andrea Pestone Capellán (2)
- Belachew M Fikre (2)
- Brian Slattery (2)
- Chidi Oguamanam (2)
- Daniel A Farber (2)
- David M. Smolin (2)
- Donald J. Kochan (2)
- Dr. Lotem Perry-Hazan (2)
- Dr. O. V. C. OKene (2)
- Germán M. Teruel Lozano (2)
- File Type
Articles 1 - 30 of 283
Full-Text Articles in Law
Human Rights In The Middle East, Linda A. Malone
Human Rights In The Middle East, Linda A. Malone
Linda A. Malone
No abstract provided.
Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack
Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack
Linda A. Malone
No abstract provided.
Dark Ages Of Human Rights?, Linda A. Malone
Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone
Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone
Linda A. Malone
No abstract provided.
Standing For Human Rights Abroad, Evan J. Criddle
Standing For Human Rights Abroad, Evan J. Criddle
Evan J. Criddle
When may states impose coercive measures such as asset freezes, trade embargos, and investment restrictions to protect the human rights of foreign nationals abroad? Drawing inspiration from Hugo Grotius’s guardianship account of humanitarian intervention, this Article offers a new theory of states’ standing to enforce human rights abroad: under some circumstances, international law authorizes states to impose countermeasures as fiduciary representatives, asserting the human rights of oppressed foreign peoples for the benefit of those peoples. The fiduciary theory explains why all states may use countermeasures to vindicate the human rights of foreign nationals abroad despite the fact that they do …
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Evan J. Criddle
At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
Evan J. Criddle
We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state’s fiduciary duty to provide equal security under the rule of law, a duty that flows from the state’s institutional assumption of irresistible sovereign powers.
Protecting Human Rights During Emergencies: Delegation, Derogation, And Deference, Evan J. Criddle
Protecting Human Rights During Emergencies: Delegation, Derogation, And Deference, Evan J. Criddle
Evan J. Criddle
Leading human rights treaties permit states as a temporary measure to suspend a variety of human rights guarantees during national crises. This chapter argues that human rights derogation is best justified as a temporary mechanism for empowering states to protect human rights, rather than as a device for enabling national authorities to advance their own interests in a manner that compromises human rights protection. Human rights treaties use broad legal standards to entrust states with responsibility for deciding what measures are best calculated to maximize human right protection during emergencies. For this delegation of authority to operate effectively, international tribunals …
Interest-Balancing Vs. Fiduciary Duty: Two Models For National Security Law, Evan Fox-Decent, Evan J. Criddle
Interest-Balancing Vs. Fiduciary Duty: Two Models For National Security Law, Evan Fox-Decent, Evan J. Criddle
Evan J. Criddle
No abstract provided.
Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer
Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer
James G. Dwyer
No abstract provided.
Introduction: Death Penalty And International Law, Davison M. Douglas
Introduction: Death Penalty And International Law, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Justice Unconceived: How Posterity Has Rights, Aaron-Andrew P. Bruhl
Justice Unconceived: How Posterity Has Rights, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho
Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho
James T Gathii
No abstract provided.
Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho
Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho
Cynthia M Ho
No abstract provided.
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii
James T Gathii
No abstract provided.
Water Privatization Trends In The United States: Human Rights, National Security, And Public Stewardship, Craig Anthony (Tony) Arnold
Water Privatization Trends In The United States: Human Rights, National Security, And Public Stewardship, Craig Anthony (Tony) Arnold
Craig Anthony (Tony) Arnold
No abstract provided.
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan
James E. Moliterno
In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the culture …
An Environmental Justice Critique Of Biofuels, Carmen G. Gonzalez
An Environmental Justice Critique Of Biofuels, Carmen G. Gonzalez
Carmen G. Gonzalez
Drones And The Decolonization Of International Law, Markus Gunneflo
Drones And The Decolonization Of International Law, Markus Gunneflo
Markus Gunneflo
To Speak With One Voice: The Political Effects Of Centralizing The International Legal Defense Of The State, Guillermo J. Garcia Sanchez
To Speak With One Voice: The Political Effects Of Centralizing The International Legal Defense Of The State, Guillermo J. Garcia Sanchez
Guillermo J. Garcia Sanchez
When a government official defends a case before an international court, whose interest should he/she be representing? In today’s era of expanding international treaties that give standing to individual claimants, international courts review the actions of different government actors through the yardsticks of international law. The state is not unitary; alleged victims can bring international claims against various government entities including the executive, the legislature, the administrative branch, and the judiciary. Yet, the international legal defense of government actions is in the hands of the executive power. This paper focuses on the consequences of this centralization for inter-branch politics. It …
Jeremy I. Levitt's Africa: Mapping New Boundaries In International Law (Book Review), Makau Mutua
Jeremy I. Levitt's Africa: Mapping New Boundaries In International Law (Book Review), Makau Mutua
Makau Mutua
This is a review of Jeremy Levitt’s edited collection of chapters in Africa: Mapping the Boundaries of International Law, which is an impressive work to the dearth of scholarship on Africa’s contribution to the normative substance and theory of international law. The book explicitly seeks to counter the racist mythology that Africans were tabula rasa in international law. In his own introduction to the book, Levitt makes it clear that “Africa is a legal marketplace, not a lawless basket case.” The eight contributors to the book are renowned scholars who make the case that Africa is not stuck in pre-history …
"Private" Environmental Regulation, Human Rights, And Community, Errol E. Meidinger
"Private" Environmental Regulation, Human Rights, And Community, Errol E. Meidinger
Errol Meidinger
Private organizations have recently established numerous programs aimed at improving the environmental performance of industry. Many of the new programs seek to define and enforce standards for environmental management, and to make it difficult for producers not to participate in them. They claim, explicitly and implicitly, to promote the public interest. They take on functions generally performed by government regulatory programs, and may change or even displace government programs. Private programs thus have the potential to significantly reshape domestic and international policy institutions. This paper describes three major private environmental regulatory programs applicable to forestry and discusses their implications for …
The Anglo-Latin Divide And The Future Of The Inter-American System Of Human Rights, Paolo G. Carozza
The Anglo-Latin Divide And The Future Of The Inter-American System Of Human Rights, Paolo G. Carozza
Paolo G. Carozza
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 Sprouting Of Human Rights Initiatives In The Midst Of A Storm Of Resistance To Refugees, Sarah Dávila-Ruhaak
The Sprouting Of Human Rights Initiatives In The Midst Of A Storm Of Resistance To Refugees, Sarah Dávila-Ruhaak
Sarah Dávila-Ruhaak
No abstract provided.
When Does Cultural Satire Cross The Line In The Global Human Rights Regime?: The Charlie Hebdo Controversy And Its Implication For Creating A New Paradigm To Assess The Bounds Of Freedom Of Expression, Kwanghyuk Yoo
Dr. Kwanghyuk David Yoo
Inventing Legal Combat: Pro-Poor 'Struggles' In The Human Rights Jurisprudence Of The Nigerian Appellate Courts, 1999-2011, Obiora Chinedu Okafor, Basil E. Ugochukwu
Inventing Legal Combat: Pro-Poor 'Struggles' In The Human Rights Jurisprudence Of The Nigerian Appellate Courts, 1999-2011, Obiora Chinedu Okafor, Basil E. Ugochukwu
Obiora Chinedu Okafor
This article deals with the question whether the jurisprudence of Nigeria’s appellate courts has helped advance or impede the struggles of the poor to assert their human rights in the country. The article begins by defining, delimiting, and situating the concepts “struggle” and “human rights as struggle.” It then moves on to identify and discuss the factors that make the struggles that the poor and the subaltern must wage to realize their human rights a tough one. Following this discussion, the article turns its attention to its main focus, i.e., an analytical examination of the ways in which the corpus …
Standing And Collective Cultural Rights, Ana Filipa Vrdoljak
Standing And Collective Cultural Rights, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
The procedural question of standing has deep implications for the definition and enforcement of cultural rights. Cultural rights have individual and collective elements that can lead to several entities seeking access to justice when these rights are violated. This chapter focuses on the question of standing to explore the contours of existing cultural human rights and possible reparations flowing from their violation. It considers claims by (1) an individual member of the group who has been wronged because of their membership of the group; (2) a collective action brought by the group; and (3) a representative action on behalf of …
Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak
Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This chapter concentrates on the participation of indigenous peoples in multilateral initiatives to protect cultural heritage, with specific reference to intangible heritage. While an international instrument for the protection of intangible heritage was adopted over a decade ago, the importance of intangible heritage for indigenous peoples is evident in their work in various UN fora. I examine indigenous peoples’ interventions before UNESCO and bodies established to implement the Convention on the Safeguarding of Intangible Cultural Heritage; within WIPO in respect of ongoing moves to adopt specialist instruments on traditional knowledge and cultural expressions; and finally, within UNEP and the implementation …
Prioritising Human Development In African Intellectual Property Law, Janewa Osei Tutu
Prioritising Human Development In African Intellectual Property Law, Janewa Osei Tutu
J. Janewa Osei-Tutu
Of Progressive Property And Public Debt, Christopher K. Odinet