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Series

International law

International Humanitarian Law

2010

Articles 1 - 2 of 2

Full-Text Articles in Law

Promises To Keep: Diplomatic Assurances Against Torture In Us Terrorism Transfers, Human Rights Institute Dec 2010

Promises To Keep: Diplomatic Assurances Against Torture In Us Terrorism Transfers, Human Rights Institute

Human Rights Institute

“Diplomatic assurances” are promises not to torture. They are sought when transferring a detainee from the custody of one government to another. Not surprisingly, they are sought from governments that typically torture.

This report surveys the law and practice of assurances in the US and, comparatively, in Canada and Europe. It is the culmination of a long-term engagement by Columbia’s Human Rights Clinic and its faculty to research and support advocacy on diplomatic assurances. That process has involved advocacy with Swedish NGOs, support for research by Human Rights Watch, FOIA requests with the ACLU and collaborative efforts with UN mechanisms. …


On The Right To External Self-Determination: "Selfistans," Secession, And The Great Powers' Rule, Milena Sterio Jan 2010

On The Right To External Self-Determination: "Selfistans," Secession, And The Great Powers' Rule, Milena Sterio

Law Faculty Articles and Essays

This Article discusses, in Part II, the notion of self-determination, its history, and its recent applications. In Part III, this Article describes how the theory of self-determination is linked to other international law concepts, such as statehood, recognition, sovereignty, and intervention. Part IV focuses on several case studies to illustrate the discrepancy of results attached to the self-determination struggles by different peoples.

This Article describes the self-determination quests of East Timor, Kosovo, Chechnya, South Ossetia, and Abkhazia, and will show that while the first two entities achieved external self-determination, the latter three did not. Finally, Part V of this Article …