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Full-Text Articles in Law

The African Charter On Human And Peoples’ Rights And Ouster Clauses Under The Military Regimes In Nigeria: Before And After September 11, Abdulmumini A. Oba Oct 2004

The African Charter On Human And Peoples’ Rights And Ouster Clauses Under The Military Regimes In Nigeria: Before And After September 11, Abdulmumini A. Oba

Abdulmumini A Oba

Military governments in Nigeria adopted numerous decrees that ousted the jurisdiction of courts. This article investigates the role of the African Charter in challenging such ouster clauses. Despite being incorporated into Nigerian domestic law in 1983, much uncertainty still surrounds the status of the African Charter on Human and Peoples’ Rights. The paper criticizes the decision in Abacha v Fawehinmi, in which the Nigerian Supreme Court held that the African Charter cannot be superior to the Constitution and upheld the validity of ouster clauses. With reference to case law in the United the paper highlights the threats to human rights …


International Criminal Court & India: Some Questions & Answers, Saumya Uma Sep 2004

International Criminal Court & India: Some Questions & Answers, Saumya Uma

Saumya Uma

This book was an outcome of an attempt to fill the “information gap” presently faced in making the ICC meaningful to civil society in India. It is based on questions that are frequently raised during workshops that the ICC-India campaign has conducted in various parts of the country. The contents of the book are in the form of questions and answers, and the book explains complex issues in a simple language. The publication is specially intended for Indian human rights organizations, activists and legal professionals engaged in campaigns on law and policy reform issues on human rights. This publication forms …


Bandipora Redux: A Tale From Two Insurgencies, Ashok Agrwaal Feb 2004

Bandipora Redux: A Tale From Two Insurgencies, Ashok Agrwaal

Ashok Agrwaal

This artixcle is based upon my work on State impunity in the context of the guaranteed right to life, in Punjab and Kashmir. The Indian state has fought insurgencies almost throughout its independent history: from Nagaland to Punjab, Andhra Pradesh to Kashmir, from the early 1950s to date. Among the many different kinds of human rights violations that the Indian security forces have been charged with, is the recurring charge that they force local people to act as 'human shields' \with a view to minimising uniformed casualties. These reports have been denied by the authorities who routinely provide other reasons, …


The Human Rights Dilemma: Rethinking The Humanitarian Project, Deborah M. Weissman Jan 2004

The Human Rights Dilemma: Rethinking The Humanitarian Project, Deborah M. Weissman

Deborah M. Weissman

This Article provides an interpretive account of the human rights discourse at a time when the U.S. legal community is deepening its relationship with these issues. It maps the context of the human rights project over the past one hundred years, with a critical eye and as a cautionary tale. It reviews the historical circumstances and the ideological framework in which human rights have been appropriated as an instrument of national policy, often to the detriment of humanitarian objectives. It considers the role of law, not only as an instrument by which colonial rule was maintained but as a system …


Intimidated Victims & Witnesses: Treated With Hostility, Saumya Uma Jan 2004

Intimidated Victims & Witnesses: Treated With Hostility, Saumya Uma

Saumya Uma

This article advances the need for an Indian legal regime for protecting the interests of victims and witnesses. It draws from international standards and experiences of other countries, grounding the same in the contemporary Indian context.


A Clear View From The Prairie: Harold Washington And The People Of Illinois Respond To Federal Encroachment Of Human Rights, Craig Mousin Dec 2003

A Clear View From The Prairie: Harold Washington And The People Of Illinois Respond To Federal Encroachment Of Human Rights, Craig Mousin

Craig B. Mousin

No abstract provided.


Trade Liberalization, Food Security, And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez Dec 2003

Trade Liberalization, Food Security, And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez

Carmen G. Gonzalez

Even though food production has exceeded population growth in recent decades, world hunger continues to be a daunting problem. Progress in hunger reduction has slowed in recent years, and the number of undernourished people is growing in most of the developing world. Rampant hunger and malnutrition impair the economic performance of individuals, households, and entire nations, and can lead to political instability and social conflict. Food insecurity is often exacerbated by environmentally destructive farming practices that ultimately depress agricultural productivity. Environmental degradation is increasingly recognized as a major factor contributing to both food insecurity and civil strife. This article examines …