Law Commons^™

Global Environmental Change: Health And The Challenge For Human Rights, Satvinder Juss

Indiana Journal of Global Legal Studies

No abstract provided.

International Law In The Nigerian Legal System, Christian N. Okeke

Publications

The central argument of this paper is that the character of a nation's system of law is inextricably connected with its socio-economic, cultural, religious and political make-up. To understand the attitude of a nation towards other nations, one must not be ignorant of the laws through which that nation gives expression to its sense of justice and regulates its structure. Furthermore, one must bear in mind that each system of law has different concepts through which its law is expressed, language through which it is explained, categories by which it is organized, and legal rules which themselves embody the law …

Attacking The Enemy Civilian As A Punishable Offense, William J. Fenrick

Duke Journal of Comparative & International Law

No abstract provided.

Non-Governmental Organizations And Global Activism: Legal And Informal Approaches, Wendy Schoener

Indiana Journal of Global Legal Studies

No abstract provided.

Sentencing By International Tribunals: A Human Rights Approach, William A. Schabas

Duke Journal of Comparative & International Law

No abstract provided.

Beyond The Right To Offend: Academic Freedom, Rights And Responsibilities In The Canadian University Classroom, Judith Macfarlane

Dalhousie Law Journal

The principle of academic freedom accords a wide latitude to professorial speech in the classroom setting. This article argues that there are principles and sources of law which are imported into the professorial employment contract and which place limits on the exercise of that speech. These include contractual obligations of competence and non-discriminatory behaviour, as well as terms drawn from human rights legislation. Drawing on an examination of case law and labour arbitral awards, the author outlines ways in which the right of academic free speech might be balanced against these limiting considerations.

International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias

University of Miami Inter-American Law Review

No abstract provided.

Considering "Third Generation" International Human Rights Law In The United States, Natsu Taylor Saito

University of Miami Inter-American Law Review

No abstract provided.

Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews

Articles & Chapters

This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …

The Faces Of Despair In Ins Raids, Elvia R. Arriola

University of Miami Inter-American Law Review

No abstract provided.

Civil And Political Rights-An Introduction, Berta E. Hernández-Truyol

University of Miami Inter-American Law Review

No abstract provided.

The Social And Legal Construction Of Nonpersons, Kevin R. Johnson

University of Miami Inter-American Law Review

No abstract provided.

Reflections On Environmental Rights As Third Generation Solidarity Rights, Ileana M. Porras

University of Miami Inter-American Law Review

No abstract provided.

Human Rights In International Economic Law, Elizabeth M. Iglesias

University of Miami Inter-American Law Review

No abstract provided.

The Inter-American Human Rights System: Establishing Precedents And Procedure In Human Rights Law, Jo M. Pasqualucci

University of Miami Inter-American Law Review

No abstract provided.

Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society--A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S.I. Strong

Case Western Reserve Journal of International Law

No abstract provided.

Universality Of Human Rights And Thedeath Penalty-The Approach Of The Human Rights Committee, Markus G. Schmidt

ILSA Journal of International & Comparative Law

The application of the death penalty has occupied a number of United Nations human rights treaty bodies, and in particular the Human Rights Committee established under article 28 of the International Covenant on Civil and Political Rights (hereinafter referred to as ICCPR).

Universality Of Human Rights: The Case Of The Death Penalty, Christina M. Cerna

ILSA Journal of International & Comparative Law

THE ISSUE OF THE UNIVERSALITY OF HUMAN RIGHTS

Forty-five years after the adoption of the Universal Declaration of Human Rights the international community met in Vienna to elaborate the human rights agenda for the next twenty-five years.

Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane F. Orentlicher

ILSA Journal of International & Comparative Law

I am fortunate to have as a foundation for my remarks Professor Roht-Arriaza's lucid presentation of the principal sources of international law bearing on amnesties for gross violations of human rights.

Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson

ILSA Journal of International & Comparative Law

In June of 1995, the Mexican government requested the extradition of former Deputy Attorney General Mario Ruiz Massieu, who was accused of engaging in a cover-up in the investigation of the assassination of his own brother, a top official in Mexico's ruling party.

A Human Rights Agenda For The Next Administration, Gare A. Smith

ILSA Journal of International & Comparative Law

I would like to thank the American branch of the International Law Association for inviting me here today. It's a pleasure to join such a distinguished group of business people, scholars, and community leaders.

Indirect Incorporation Of Human Rights Treaty Provisions In Criminal Cases In United States Courts, Mark Andrew Sherman

ILSA Journal of International & Comparative Law

The Treaties

The recent ratification by the United States of the International Covenant on Civil and Political Rights (ICCPR)' and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention)2 raise important possibilities for the rights of criminal defendants in United States courts

A Defense Of Unilateral Or Multi-Lateral Intervention Where A Violation Of International Human Rights Law By A State Constitutes An Implied Waiver Of Sovereignty, Mitchell A. Meyers

ILSA Journal of International & Comparative Law

This paper seeks to defend United States intervention in states that violate international human rights law. To explain the modem framework behind the legal justifications for intervention, it is necessary to review the historical development of international human rights law, the concept of sovereignty, and the continuing conflict between the two principles.

The World Bank And Human Rights: Indispensable Partnership Or Mismatched Alliance?, Halim Moris

ILSA Journal of International & Comparative Law

The recent escalation of human rights abuses around the world has led many to question the effectiveness of the current methods used to enforce and/or monitor human rights around the globe.

Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Y. Al-Hibri

Law Faculty Publications

In discussing personal status codes, the article focuses on three specific issues: the right of a woman to contract her own marriage, the duty of the wife to obey her husband, and the right of the wife to initiate divorce. There are several good reasons for focusing on these issues. Foremost among them is the fact that they have been and continue to be of great concern to Muslim women. Another reason is that despite their diverse subject matter, these three issues are based on the same jurisprudential foundation. Hence, our discussion and critical analysis of that foundation will have …

Hong Kong's Reintegration Into The People's Republic Of China, Anne M. Seibel --Executive Articles Editor, Stacy A. Feld --Editor In Chief

Vanderbilt Journal of Transnational Law

Every other year, the Vanderbilt Journal of Transnational Law presents a symposium on a current topic in international law and practice. This year's symposium, "Hong Kong's Reintegration into the People's Republic of China: Constitutional Issues, Policy Approaches & Human Rights Concerns and Economic & Legal Implications, was held at Vanderbilt University School of Law on March 28-29, 1997. Our goal was to provide a forum in which leading authorities on Hong Kong and China could come together and discuss constitutional, human rights, legal, and economic concerns surrounding the reintegration of Hong Kong into China.

The results of this Symposium have …

Will Hong Kong Be Successfully Integrated Into China? A Human Rights Perspective, Yu Ping

Vanderbilt Journal of Transnational Law

This Article explores the human rights forecast following Hong Kong's reintegration into China. The Article first reviews the British human rights record in Hong Kong, and explains why China was angered by last-ditch British political reform. It then explores the legal framework of Hong Kong, including the Sino-British Joint Declaration and the Basic Law of Hong Kong, and concludes that neither offers significant protection for human rights in Hong Kong. In particular, Chinese state security and state secrets laws are likely to be used to suppress political dissidents, journalists, international organizations, and other "foreign elements" in Hong Kong. The Article …

Selected Bibliography: The Reintegration Of Hong Kong Into China, Audrey E. Haroz, Jonathan R. Smith

Vanderbilt Journal of Transnational Law

The reintegration of Hong Kong into the People's Republic of China (hereinafter P.R.C.) on July 1, 1997, brought together two countries, one capitalist and one communist, under one rule. As evidenced by the variety of perspectives offered at the Vanderbilt Journal of Transnational Law's Symposium on Hong Kong's Reintegration into the P.R.C., there is much scholarly debate concerning this merger and the effect it will have on the people and politics of both countries as well as on the international community.

An earlier version of this bibliography is included in the May 1997 issue of the Journal. This bibliography has …

South Africa's 1996 Choice On Termination Of Pregnancy Act, Audrey E. Haroz

Vanderbilt Journal of Transnational Law

South Africa's Bill of Rights is one of the most liberal and elaborate in the world. Consequently, South Africa is at the forefront of defining human rights for individuals, especially women. Concurrently, international law is slowly undergoing a reconceptualization of human rights documents and guarantees to define a more definitive, protective, and pro-active body of rights for women.

By upholding the constitutionality of the 1996 Abortion Act, South Africa can define its own Bill of Rights in liberal terms and ensure that the South African Constitution continues to receive a broad interpretation. A welcome result would be the improvement of …

Capabilities And Human Rights, Martha C. Nussbaum

Fordham Law Review

No abstract provided.