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2001

Human Rights Law

Institution
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Articles 1 - 30 of 54

Full-Text Articles in Law

Workers’ Rights In The Global Economy, Lance A. Compa Jul 2001

Workers’ Rights In The Global Economy, Lance A. Compa

Articles and Chapters

[Excerpt] Fresh information, insightful analysis, and sharp controversy marked presentations by eminent experts and advocates at the distinguished panel on workers' rights in the global economy at the annual meeting in New Orleans.


Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White Jul 2001

Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White

Faculty Scholarship at Penn Law

No abstract provided.


Do We Have A Right To Common Goods?, Andrei Marmor Jul 2001

Do We Have A Right To Common Goods?, Andrei Marmor

Cornell Law Faculty Publications

Individuals have rights. I will assume that this means that individuals have interests which are important enough to justify the imposition of duties on others in order to secure those interests. Groups of individuals, such as nations or ethnic minorities, plausibly have rights as well. Groups of individuals may have group interests appropriately protected by the imposition of duties on others, typically, on governments, or on other larger political entities. My concern in this essay is with the question of what individuals or groups may have a right to. In particular I want to explore the question of whether people ...


Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students Apr 2001

Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.

Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.

The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).

"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner in which they have changed the cartography of national and international governance. The importance of this objective was demonstrated by the carnage of September 11, 2001. The recent terrorist attacks also demonstrated the extent to which we are inhabitants of a global village. This Symposium attempted to understand the manner in which two nonterrorist, nongovernmental entities have become increasingly important actors in this global village. It reviewed the manner in which corporations and NGOs are changing the geo-political and socio-economic boundaries of national and international governance.

The second objective brings special focus to bear on environmental NGOs. The second objective seeks answers to the questions: Have not-for-profits or NGOs, gone too far in diminishing the role of the public sector and the nation-state? Is the prevailing faith in the increasingly important role played by NGOs misplaced?

After establishing the importance of nongovernmental actors in national and international governance, the Symposium sought to ascertain whether not-for-profits or NGOs have gone too far in diminishing the role of the public sector and the nation-state. It also addressed the corollary issue of whether the prevailing faith in the increasingly important roles played by NGOs is misplaced.

The Symposium identified four case studies in an attempt to shed light on these questions and to acknowledge the functions that each sector is best suited to perform. Specifically, the Symposium employed the prism of environmental policy, science, and law to examine the roles played by NGOs in addressing: (1) GMOs; (2) dams; (3) wildlife and species; and (4) indigenous peoples." -- Lakshman D. Guruswamy, Cartography of Governance: An Introduction, 13 Colo. J. Int'l Envtl. L. & Pol'y 1-3 (2002).


Globalization And The Nation State, Jayantha Dhanapala Apr 2001

Globalization And The Nation State, Jayantha Dhanapala

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

15 pages.


The United Nations And Civil Society, Jayantha Dhanapala Apr 2001

The United Nations And Civil Society, Jayantha Dhanapala

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

7 pages.


A Perspective On Ngos: Statement By Mr. Mohammad Kamal Yan Yahaya, Deputy Permanent Representative Of Malaysia To The United Nations, On Agenda Item 100: Globalization And Interdependence, Datuk Hamsy Bin Agam Apr 2001

A Perspective On Ngos: Statement By Mr. Mohammad Kamal Yan Yahaya, Deputy Permanent Representative Of Malaysia To The United Nations, On Agenda Item 100: Globalization And Interdependence, Datuk Hamsy Bin Agam

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

3 pages.


The Rwanda Tribunal: A Critical Assessment, Makau Mutua Apr 2001

The Rwanda Tribunal: A Critical Assessment, Makau Mutua

Journal Articles

No abstract provided.


The International Law Of Torture: From Universal Proscription To Effective Application And Enforcement, Winston P. Nagan, Lucie Atkins Apr 2001

The International Law Of Torture: From Universal Proscription To Effective Application And Enforcement, Winston P. Nagan, Lucie Atkins

UF Law Faculty Publications

This Article presents a comprehensive review of world torture and the efforts to eradicate it through both official and unofficial strategies of intervention, with special emphasis on the legal strategies. This Article recognizes the complexity of these strategies as they form a vast number of initiatives emerging from various elements of the international community. Part II of the Article touches on matters of definition and legal history. This enables the examination of the inherent characteristics of torture as they impact issues of governance, social control, and principles of basic respect and human dignity. Part III examines the efforts to universally ...


Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann Apr 2001

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

Scholarly Works

These remarks were presented on February 24, 2001, in a panel concluding a conference entitled "Holding Multinational Corporations Responsible Under International Law" at Hastings College of the Law, San Francisco, California.


Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer Apr 2001

Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer

Law Faculty Articles and Essays

Human rights protection needs teeth. And those who work in the disparate field of human rights need to see the system more comprehensively and strategically. Far too often, political issues interfere with enforcement of human rights laws and allow violators to hide behind the unwillingness of national governments to take action to enforce existing laws against human rights violators. Lack of commitment to human rights enforcement or timely preventative or intervention actions have led to violators being left unpunished for torture, rape and genocide. This failure of governments means that there is a lack of deterent power sufficient to inhibit ...


To Serve The Cause Of Justice: Disciplining Fact Determination, Christine Boyle, Marilyn Maccrimmon Jan 2001

To Serve The Cause Of Justice: Disciplining Fact Determination, Christine Boyle, Marilyn Maccrimmon

Faculty Publications (Emeriti)

As a part of a larger project called "The Challenge of Change: Rethinking Law as Discipline," the authors seek "to identify and examine current challenges to the conceptual underpinnings and methodology of the traditional legal paradigm." In focusing on the construction of "'fact," the meanings of knowledge and the interplay between cultural understandings and the law of evidence, the authors note that the shifting boundaries of the discipline of law are engendering debates about what is marginal and what is core. They draw on challenges posed by the increasing diversity of producers and consumers of law in searching for the ...


Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, Frances Howell Rudko Jan 2001

Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, Frances Howell Rudko

Faculty Publications

Marshall thought that the solution to emancipation and the end to slavery were to be nationally funded. He considered slavery a national problem, not a state problem, as most of his fellow Virginians insisted. In this he differed from most southerners who argued that slave matters were state matters and that the nation could involve itself in the institution of slavery only by strictly adhering to the role assigned to it by the Constitution under the three fifths clause and the fugitive slave clause.


Re/Constructing The Road To Human Rights Education: Potholes, Pitfalls And Possibilities, Mary D. Lugton, Phoebe Mckinney Jan 2001

Re/Constructing The Road To Human Rights Education: Potholes, Pitfalls And Possibilities, Mary D. Lugton, Phoebe Mckinney

Master's Capstone Projects

No abstract provided.


Section 1983: Agent Of Peace Or Vehicle Of Violence Against Children, Susan H. Bitensky Jan 2001

Section 1983: Agent Of Peace Or Vehicle Of Violence Against Children, Susan H. Bitensky

Faculty Publications

No abstract provided.


Two Men On A Plank, Claire Oakes Finkelstein Jan 2001

Two Men On A Plank, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Free Trade, Fair Trade, And The Battle For Labor Rights, Lance A. Compa Jan 2001

Free Trade, Fair Trade, And The Battle For Labor Rights, Lance A. Compa

Articles and Chapters

[Excerpt] Labor rights advocacy is the most direct challenge to the primacy of a marketplace ideology in which efficiency and profit are the highest values. Labor rights advocates promote values of fairness, justice, and solidarity in global commerce. The battle to achieve enforceable hard law that protects workers' rights in the global economy is an important contribution to the labor movement's revitalization.

Can a beleaguered movement take on multinational companies and the governments that appease them on these varied international grounds when there is so much still to do on organizing, collective bargaining, and domestic political action? There really ...


Rights Of Sexual Minorities In Ireland And Europe: Rhetoric Versus Reality, Bruce Carolan Jan 2001

Rights Of Sexual Minorities In Ireland And Europe: Rhetoric Versus Reality, Bruce Carolan

Articles

Superficially, Irish and European Community law proclaim the rights of sexual minorities - particularly in web sites and printed information designed for public consumption. The reality is different. This article identifies a gap between the public pronouncements on the rights of sexual minorities under Irish and EC law. It employs a hypothetical fact situation to suggest that existing legal protections are anemic, and argues that the potential failure of affected groups to identify these deficiencies (due to contradictory claims in public information campaigns) could endanger efforts to effect progressive change.


A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann Jan 2001

A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann

Articles & Chapters

As constitutional protection of human rights expands around the world, the question of whether constitutional rights should protect people not only against state action but also against the conduct of private actors is once again timely. Few nations have so broadly, or so ambiguously, endorsed the application of constitutional guarantees to constrain private conduct (known outside the United States as "horizontality") as South Africa. The constitution approved in 1996 applies fully and without qualification to all "organs of state," and this term is defined in section 239 in potentially very broad terms, notably embracing "any other functionary or institution ... exercising ...


Understanding The "Understanding": Federalism Constraints On Human Rights Implementation, Brad R. Roth Jan 2001

Understanding The "Understanding": Federalism Constraints On Human Rights Implementation, Brad R. Roth

Law Faculty Research Publications

No abstract provided.


On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor C. Romero Jan 2001

On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor C. Romero

Journal Articles

The poignant story of a little boy fished out of the sea after losing his mother to the elements captured the country's imagination and ignited a political firestorm. The Elián González saga drew conflicting opinions from nearly every branch of American local, state, and federal governments.

This article takes no specific position on Elián's situation. Rather, this artivle values the González story for putting a human face on often faceless legal issues. More specifically, Elián's saga raises the following important question: When should the right of the human being to be treated as an individual trump the ...


Savages, Victims, And Saviors: The Metaphor Of Human Rights, Makau Mutua Jan 2001

Savages, Victims, And Saviors: The Metaphor Of Human Rights, Makau Mutua

Journal Articles

This article critically looks at the human rights project as a damning three-dimensional metaphor that exposes multiple complexes. It argues that the grand narrative of human rights contains a subtext which depicts an epochal contest pitting savages, on the one hand, against victims and saviors, on the other. The savages-victims-saviors (SVS) construction lays bare some of the hypocrisies of the human rights project and asks human rights thinkers and advocates to become more self-reflective. The piece questions the universality and cultural neutrality of the human rights project. It calls for the construction of a truly universal human rights corpus, one ...


Introduction To The Symposium On Conflicts Of Rights, Claire Oakes Finkelstein Jan 2001

Introduction To The Symposium On Conflicts Of Rights, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Holding-Up More Than Half The Sky: Marketization And The Status Of Women In China, Anna M. Han Jan 2001

Holding-Up More Than Half The Sky: Marketization And The Status Of Women In China, Anna M. Han

Faculty Publications

The purpose of this article is to examine generally how Chinese women fared under communism and more specifically, delve into how marketization has adversely impacted the status of women in China. It is this author's contention that despite the overall improvements in the standard of living, Chinese women are increasingly being marginalized economically. The long-term effects of subjugating the advancement of women for the immediate benefits of China's experimentation with a market economy hold vast implications for the future of the country. As China progresses economically, politically and socially, it cannot afford to leave half of its population ...


Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero Jan 2001

Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero

Journal Articles

This Essay will focus on "racial profiling" not just in the way people think about the term - that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black" - but also in the context of "affirmative action - namely, using race as a factor in employment and educational decisions. More broadly, then, I want us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual" which moves us slightly away from more pejorative notions of the phrase that have seeped into the ...


International Law, Human Rights Beneficiaries, And South Africa: Some Thoughts On The Utility Of International Human Rights Law, Ronald Slye Jan 2001

International Law, Human Rights Beneficiaries, And South Africa: Some Thoughts On The Utility Of International Human Rights Law, Ronald Slye

Faculty Scholarship

This article uses the case of South Africa to illustrate four effects of international human rights law on human rights beneficiaries. First, international human rights law acts as a constraint on state action. Second, it is a source of norms that can be incorporated into, and thus interpreted and implemented by, domestic legal institutions. Third, it acts as a direct or indirect constraint on the actions of international governmental and non-governmental organizations. Fourth, it directly empowers individual victims. The Article also uses the South African example to provide suggestions for additional areas of research and advocacy for international human rights ...


Caretakers And Collaborators, Maxwell Gregg Bloche Jan 2001

Caretakers And Collaborators, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

A chilling subplot in the twentieth-century saga of state-sponsored mass murder, torture, and other atrocities was the widespread incidence of medical complicity. Nazi doctors’ human “experiments” and assistance in genocidal killing are the most oft-cited exemplar, but wartime Japanese physicians’ human vivisection and other grotesque practices rivaled the Nazi medical horrors. Measured by these standards, Soviet psychiatrists’ role in repressing dissent, Latin American and Turkish military doctors’ complicity in torture, and even the South African medical profession’s systematic involvement in apartheid may seem, to some, almost prosaic. Yet these and other reported cases of medical complicity in human rights ...


J. Shand Watson's Theory And Reality In The International Protection Of Human Rights (Book Review), Makau Mutua Jan 2001

J. Shand Watson's Theory And Reality In The International Protection Of Human Rights (Book Review), Makau Mutua

Book Reviews

No abstract provided.


Introduction, Daniel Kanstroom Jan 2001

Introduction, Daniel Kanstroom

Boston College Law School Faculty Papers

No abstract provided.


Federalism And International Human Rights In The New Constitutional Order, Mark V. Tushnet Jan 2001

Federalism And International Human Rights In The New Constitutional Order, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This Essay examines the contours of what I have elsewhere called the new constitutional order with respect to international human rights and federalism. The background is my suggestion that the U.S. political-constitutional system is on the verge of moving into a new constitutional regime, following the end of the New Deal-Great Society constitutional regime. The Supreme Court's innovations in the law of federalism in connection with Congress's exercise of its powers over domestic affairs has provoked speculation about the implications of those innovations for the national government's power with respect to foreign affairs. Most of the ...