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Full-Text Articles in Law
Retroactive Application Of The Torture Victim Protection Act To Redress Philippine Human Rights Violations, Riza De Jesus
Retroactive Application Of The Torture Victim Protection Act To Redress Philippine Human Rights Violations, Riza De Jesus
Washington International Law Journal
The Torture Victim Protection Act (TVPA) was enacted in 1992 to establish an unambiguous basis for a cause of action in U.S. courts for torture committed in foreign nations. Because the statutory language and legislative history did not address the issue of retroactivity, courts are left with the task of determining whether the TVPA applies to pending cases and pre-enactment conduct. As demonstrated in In re Estate of Marcos Human Rights Litigation, a retroactive application of the statute does not result in manifest injustice. The TVPA does not alter substantive rights and liabilities and merely clarifies existing law prohibiting …
"Comfort Women" From Korea: Japan's World War Ii Sex Slaves And The Legitimacy Of Their Claims For Reparations, Yvonne Park Hsu
"Comfort Women" From Korea: Japan's World War Ii Sex Slaves And The Legitimacy Of Their Claims For Reparations, Yvonne Park Hsu
Washington International Law Journal
During World War II, Japan forced 100,000 to 200,000 women from all over Asia into prostitution to satisfy the sexual cravings of Japanese soldiers. These women thus forced into prostitution were euphemistically called "comfort women". In December 1991, three former Korean comfort women filed suit in the Tokyo District Court, seeking damages for their sufferings. From both legal and moral perspectives, Japan needs to make reparations for violations of these women's fundamental human rights. By meeting the obligations arising from its past abuses of human rights, Japan will take a significant step toward preventing its militant past from re-occurring, fostering …
The Application Of The International Covenant On Civil And Political Rights To Hong Kong, Geping Rao
The Application Of The International Covenant On Civil And Political Rights To Hong Kong, Geping Rao
Washington International Law Journal
As a dependency of the United Kingdom, Hong Kong is ineligible to ratify international agreements such as the International Covenant on Civil and Political Rights. The United Kingdom ratified the ICCPR and in so doing extended it to Hong Kong, with certain reservations. Full implementation of the ICCPR in Hong Kong requires that it be incorporated into domestic law, however. That was accomplished in 1991 with the passage of the Hong Kong Bill of Rights. This Article discusses the incorporation of the ICCPR into Hong Kong law via the Hong Kong Bill of Rights and the Basic Law, and proposes …
International Human Rights, Morality In War, And The Structure Of Rights, Edward C. O'Dowd, Robert F. Schopp
International Human Rights, Morality In War, And The Structure Of Rights, Edward C. O'Dowd, Robert F. Schopp
Washington International Law Journal
A careful analysis of certain issues of morality in war demonstrates important differences in the duties recognized by Western and Chinese military officers toward their soldiers. These differences reflect fundamentally different theories of social morality in the societies these officers represent. Although Western countries and China have endorsed a common set of internationally recognized human rights, a meaningful consensus regarding human rights must remain consistent across three levels of analysis. The putative contemporary consensus among Chinese and liberal societies fails because the fundamental differences in underlying principles of social morality that give rise to divergent principles of morality in war …