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Articles 1 - 30 of 51
Full-Text Articles in Law
The Civil Enforcement Of Human Rights Norms In Domestic Courts, Beth Van Schaack
The Civil Enforcement Of Human Rights Norms In Domestic Courts, Beth Van Schaack
ILSA Journal of International & Comparative Law
This Article will attempt to make the case for the domestic civil action in defense of international human rights in the face of a potential threat to such litigation.
Human Rights Accountability: Congress, Federalism And International Law, Beth Stephens
Human Rights Accountability: Congress, Federalism And International Law, Beth Stephens
ILSA Journal of International & Comparative Law
While regularly seeking to apply international human rights norms tojudge the behavior of other governments, the United States has vehemently rejected efforts to apply such rules to United States domestic behavior.
Evolving Human Rights Norms Around Sexuality, Kristen L. Walker
Evolving Human Rights Norms Around Sexuality, Kristen L. Walker
ILSA Journal of International & Comparative Law
International human rights law has only very recently begun to address issues of sexual identity.
Introductory Remarks-Alien Tort Claims Act, Charles Curlett
Introductory Remarks-Alien Tort Claims Act, Charles Curlett
ILSA Journal of International & Comparative Law
Good morning ladies and gentlemen, and welcome. We are fortunate to have with us today a distinguished panel of professors and practitioners who will be speaking about various aspects of current Alien Tort Claims Act' (ATCA) litigation. Before I introduce them, I thought we might begin with the language of the Statute itself
Pinning Guilt On Pinochet, Alfred P. Rubin
Pinning Guilt On Pinochet, Alfred P. Rubin
ILSA Journal of International & Comparative Law
Britain's Highest Court has decided that a treaty requires the British to honor a Spanish request for the extradition of General Augusto Pinochet Ugarte, Chile's strong man from 1973 until he "retired" with a rank of "Senator for Life" in Chile.
International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl
International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl
ILSA Journal of International & Comparative Law
Human rights law has evolved considerably over the past half-century. Much of this evolution has occurred at the international level.
Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf
Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf
ILSA Journal of International & Comparative Law
On December 21, 1998, a bomb exploded in the cargo hold of Pan Am Flight 103 killing all 259 passengers and crew, as well as eleven residents of the town of Lockerbie where the wreckage of the Bowing 747 crashed 31,000 feet below.
International Law Antinomies And Contradictions Of An Era Of Historical Transition: Retrospective On The Nato Armed Intervention In Kosovo, Edward Mcwhinney
International Law Antinomies And Contradictions Of An Era Of Historical Transition: Retrospective On The Nato Armed Intervention In Kosovo, Edward Mcwhinney
ILSA Journal of International & Comparative Law
We live today in an era of historical transition. The 20th century really ended with the fall of the Berlin Wall in 1989.
Groups Protected By The Genocide Convention: Conflicting Interpretations From The International Criminal Tribunal For Rwanda, William A. Schabas
Groups Protected By The Genocide Convention: Conflicting Interpretations From The International Criminal Tribunal For Rwanda, William A. Schabas
ILSA Journal of International & Comparative Law
The Convention for the Prevention and Punishment of the Crime of Genocide' protects "national, ethnical, racial and religious" groups from intentional physical destruction.
Human Rights Environment And Development In South Asia, Ali M. Qazilbash
Human Rights Environment And Development In South Asia, Ali M. Qazilbash
ILSA Journal of International & Comparative Law
The fundamental importance of the issue of Human Rights and the environment to any society is deeply appreciated today.
The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States (Conference Remarks), Madeline Morris
The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States (Conference Remarks), Madeline Morris
ILSA Journal of International & Comparative Law
The Rome Treaty for an International Criminal Court (ICC) provides for the establishment of an international court with jurisdiction over genocide, war crimes, and crimes against humanity.
Five Theoretical Themes In The World Trade Organization Adjudicatory System, Raj Bhala
Five Theoretical Themes In The World Trade Organization Adjudicatory System, Raj Bhala
ILSA Journal of International & Comparative Law
I am not sure about the poetic tastes of my distinguished colleagues on the panel.
The Guatemalan Historical Clarification Commisiion Finds Genocide, Jan Perlin
The Guatemalan Historical Clarification Commisiion Finds Genocide, Jan Perlin
ILSA Journal of International & Comparative Law
On December 29, 1996 the Guatemalan government and the Unidad Revolucionaria Nacional Guatemalteca (URNG), signed peace accords bringing an end to thirty-four years of internal armed conflict.
Self-Determination After Kosovo And East Timor, Valerie Epps
Self-Determination After Kosovo And East Timor, Valerie Epps
ILSA Journal of International & Comparative Law
The concept of self-determination presents a useful example of how change comes about in legal norms, particularly in the international arena.
From Bosnia To Kosovo And East Timor: The Changing Role Of The United Nations In The Administration Of Territory, Ralph Wilde
From Bosnia To Kosovo And East Timor: The Changing Role Of The United Nations In The Administration Of Territory, Ralph Wilde
ILSA Journal of International & Comparative Law
In recent years there has been a resurgence in projects where territorial units are administered by international organizations.
Self-Determination For Indigenous Peoples After Kosovo: Translating Self-Determination "Into Practice" And "Into Peace", Lorie M. Graham
Self-Determination For Indigenous Peoples After Kosovo: Translating Self-Determination "Into Practice" And "Into Peace", Lorie M. Graham
ILSA Journal of International & Comparative Law
Numerous scholars have traced the early origins of self-determination from the Marxist precepts of class liberation to the Wilsonian ideals of democracy and freedom.
The Proposed Antarctic Treaty On Environmental Damage, Don Mackaay
The Proposed Antarctic Treaty On Environmental Damage, Don Mackaay
ILSA Journal of International & Comparative Law
I have been asked to speak about the status of the negotiations on the draft agreement on Liability for Damage to the Antarctic Environment, which are being undertaken by the Parties to the Antarctic Treaty, and their prospects for success.
Accountability Beckons During A Year Of Worries For The Khmer Rouge Leadership, Craig Etcheson
Accountability Beckons During A Year Of Worries For The Khmer Rouge Leadership, Craig Etcheson
ILSA Journal of International & Comparative Law
The year 1999 saw a series of extraordinary developments in the search for justice in the case of Cambodia's Khmer Rouge.
Procedural Limitations On Capital Punishment: The Case Of Foreign Nationals, John Quigley
Procedural Limitations On Capital Punishment: The Case Of Foreign Nationals, John Quigley
ILSA Journal of International & Comparative Law
A factor that has focused international attention on capital punishment in the United States is the infliction of this punishment on foreign nationals.
Judgments Rendered In 1999 By The International Criminal Tribunals For The Former Yugosalvia And For Rwanda: Tadic (App.Ch.); Aleksovski (Icty); Jelisic (Icty); Ruzindana & Kayishema (Ictr); Serushago (Ictr); Rutaganda (Ictr), Kelly D. Askin
ILSA Journal of International & Comparative Law
The year of 1999 witnessed extensive activity in the two United Nations ad hoc Tribunal established to prosecute serious violations of international humanitarian law committed in the territory of the former Yugoslavia and in Rwanda.
The Imprint Of Kosovo On The Law Of Humanitarian Intervention, Julie Mertus
The Imprint Of Kosovo On The Law Of Humanitarian Intervention, Julie Mertus
ILSA Journal of International & Comparative Law
For nearly ten years, human rights advocates have tried to focus public attention on Kosovo.
The Imprint Of Kosovo On International Law, Diane F. Orentlicher
The Imprint Of Kosovo On International Law, Diane F. Orentlicher
ILSA Journal of International & Comparative Law
In several respects, international responses to recent developments in Kosovo have had a significant- in some respects, profound - impact on international law
Changing Hearts And Minds: The Domestic Influence Of International Tribunals, Belinda Cooper
Changing Hearts And Minds: The Domestic Influence Of International Tribunals, Belinda Cooper
ILSA Journal of International & Comparative Law
I have been observing events in Kosovo as someone interested not only in international tribunals, but also in German history, and especially in the way in which Germany has dealt with the legacies of World War I and the Holocaust.
The Rights Of The Accused In A Global Enforcement Arena, Diane Marie Amann
The Rights Of The Accused In A Global Enforcement Arena, Diane Marie Amann
ILSA Journal of International & Comparative Law
It is a commonplace that crime, no less than other industries, has become a global venture.
Collective Harms Under The Alien Tort Statute: A Cautionary Note On Class Actions, Catharine A. Mackinnon
Collective Harms Under The Alien Tort Statute: A Cautionary Note On Class Actions, Catharine A. Mackinnon
ILSA Journal of International & Comparative Law
A small but increasing number of class actions for mass human rights violations are being brought under the Alien Tort Statute, 28 U.S.C. § 1350.
Human Rights, Environment And Development In South Asia: The Importance Of International Human Rights Law, Clarence J. Dias
Human Rights, Environment And Development In South Asia: The Importance Of International Human Rights Law, Clarence J. Dias
ILSA Journal of International & Comparative Law
At first blush, development would appear to be the prime vehicle for promoting realization of human rights such as the right to an adequate standard of living; rights of education, food, and housing; the right to work; and the right to social security.
The New Accessions To The European Union From The Central And Eastern Eurpoean Countries: The Strategy Of Accession And Its Implications On The Environmental European Community Policy, Mar Campins Eritja, Andreu Olesti Rayo
The New Accessions To The European Union From The Central And Eastern Eurpoean Countries: The Strategy Of Accession And Its Implications On The Environmental European Community Policy, Mar Campins Eritja, Andreu Olesti Rayo
ILSA Journal of International & Comparative Law
Beginning in the early 1990's, and coinciding with the current situation created in Europe by the disintegration of the Soviet Union, the changing circumstances within the world context, especially in the European ambit, have caused certain countries of Central and Eastern Europe (hereinafter "CEEC' s") to request accession to the European Union.
A Case In Exploitation: Elian Gonzalez, Should He Stay Or Should He Go?, Erin Deady
A Case In Exploitation: Elian Gonzalez, Should He Stay Or Should He Go?, Erin Deady
ILSA Journal of International & Comparative Law
By now we have all heard the issues framed. A young five-year-old boy is found clinging to a life raft after two days at sea adrift.
The Cocaine Cartel's Best Kept Secret…The Black Market Peso Exchange; The Going Is Good, But For How Long, And At What Price?, Michael C. Greenberg
The Cocaine Cartel's Best Kept Secret…The Black Market Peso Exchange; The Going Is Good, But For How Long, And At What Price?, Michael C. Greenberg
ILSA Journal of International & Comparative Law
The date is July 2, 1991, piled upon rectangular tables are stacks of United States dollars.
Lessons From Kosovo: Towards A Multiple Track System Of Human Rights Protection, James D. Wilets
Lessons From Kosovo: Towards A Multiple Track System Of Human Rights Protection, James D. Wilets
ILSA Journal of International & Comparative Law
The NATO intervention in Kosovo has raised questions regarding the authority of regional security bodies such as NATO to enforce universally recognized human rights norms without authorization from the United Nations.