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2006

Human rights

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Articles 1 - 30 of 77

Full-Text Articles in Law

On Conflict Of Human Rights, Xiaobing Xu, George Wilson Dec 2006

On Conflict Of Human Rights, Xiaobing Xu, George Wilson

The University of New Hampshire Law Review

[Excerpt] “This article supports Gewirth’s view: that is, the reason why utilitarian values such as national security, public safety, public order, public health, and public morality may outweigh human rights is that they contain human rights elements. Thus, as a rule, whenever human rights clash with nonrights value considerations, we should analyze whether they contain human rights elements. If they do, they may override human rights that conflict with them. If they do not, they cannot.”


Compensation For Property Under The European Convention On Human Rights, Tom Allen Nov 2006

Compensation For Property Under The European Convention On Human Rights, Tom Allen

ExpressO

This Article investigates the nature of the right to property guaranteed under the First Protocol to the European Convention on Human Rights ('P1-1'). It argues that the European Court of Human Rights has been torn between two theories of the right to property. The first is the "integrated theory", and it holds that the right to property shares common values and purposes with other Convention rights. Hence, the interpretation of P1-1 should reflect principles developed in the interpretation of other Convention rights. It is argued that the application of the integrated theory should support a "social model" of property. The ...


Linking Global Warming To Inuit Human Rights, Marguerite E. Middaugh Nov 2006

Linking Global Warming To Inuit Human Rights, Marguerite E. Middaugh

San Diego International Law Journal

Under international law, the United States government has violated the Inuit's human rights by failing to take action against climate change. The Inter-American Commission on Human Rights should find that the allegations of human rights violations by the Inuit are justified and rule in their favor. This Article first explores the impacts of climate change on the Inuit and each of the Inuit's basic human rights, which are implicated by the environmental changes. Next, the role and responsibility of the U.S. with respect to climate change is examined. This section discusses the current attitude and actions of ...


U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White Nov 2006

U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White

San Diego International Law Journal

Focusing on defensive asylum applications, this Comment examines whether certain provisions of REAL ID violate due process and international obligations to asylum seekers. Part I situates REAL ID within the historical context of nearly a decade of restrictive U.S. immigration law and over two decades of Executive Orders aimed at deterring a mass exodus of asylum seekers from reaching U.S. shores. Part II provides an overview of the U.S. asylum system and argues that the system produces inconsistent and sometimes arbitrary results, indicating that segments of the system do not satisfy international obligations. Part III outlines three ...


Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch Oct 2006

Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch

University of Miami International and Comparative Law Review

No abstract provided.


Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld Oct 2006

Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld

Duke Journal of Comparative & International Law

No abstract provided.


The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker Oct 2006

The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker

Duke Journal of Comparative & International Law

No abstract provided.


The Humanitarian Monarchy Legislates: The International Committee Of The Red Cross And Its 161 Of Customary International Humanitarian Law, Leah M. Nicholls Oct 2006

The Humanitarian Monarchy Legislates: The International Committee Of The Red Cross And Its 161 Of Customary International Humanitarian Law, Leah M. Nicholls

Duke Journal of Comparative & International Law

No abstract provided.


On Disposable People And Human Well-Being: Health, Money And Power, Berta E. Hernández-Truyol Oct 2006

On Disposable People And Human Well-Being: Health, Money And Power, Berta E. Hernández-Truyol

UF Law Faculty Publications

The foundational premise of this essay is that health and well-being are human rights issues. My focus on this theme, specifically within the human rights paradigm, is new, passionate, and personal. On December 15, 2005, just three months before the conference that prompted the writing of this essay, I lost my partner of over 20 years. She fought a valiant, strong, and dignified fight against cancer--a journey I traveled with her. During that time I learned much about health systems and health care. Most saliently, notwithstanding the reality of the extraordinarily good care she ultimately received, I realized there is ...


Losing Control: Regulating Situational Crime Prevention In Mass Private Space, Robert E. Pfeffer Sep 2006

Losing Control: Regulating Situational Crime Prevention In Mass Private Space, Robert E. Pfeffer

ExpressO

In this article the author puts forth an approach to regulating Situational Crime Prevention (SCP) (i.e. steps to preemptively eliminate or reduce crime, such as preemptive exclusion and closed circuit TV monitoring in Mass Private Space (i.e. private property that has characteristics normally associated with public spaces, such as a large shopping mall).

It has become increasingly common for owners of mass private space to employ SCP techniques such as close circuit television monitoring, exclusion of persons based upon behavior or risk factors and limits on attire, such as colors associated with gangs. While there has been a ...


Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl Sep 2006

Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Right To Self-Determination And Statehood: The Case Of Kosovo, Besfort Rrecaj Aug 2006

The Right To Self-Determination And Statehood: The Case Of Kosovo, Besfort Rrecaj

ExpressO

Introduction To explore self-determination is, in the words of Antonio Cassese”, a way of opening a veritable Pandora’s Box.” Indeed, the historical evolution of the concept reveals that it has been subjected to ambiguity, misconception and contradictory application. Over the years, it was redefined and re-applied on the basis of the interests of particular states. More recent events, namely the dissolution of the USSR and Yugoslavia, have given a new perspective to the meaning of self-determination. In this post Cold War era, greater attention is being paid to the enforcement of human rights and with it, a broader understanding ...


Modern Condottieri In Iraq: Privatizing War From The Perspective Of International Human Rights Law, Antenor Hallo De Wolf Jul 2006

Modern Condottieri In Iraq: Privatizing War From The Perspective Of International Human Rights Law, Antenor Hallo De Wolf

Indiana Journal of Global Legal Studies

No abstract provided.


An Analysis Of The Legality Of Television Cameras Broadcasting Juror Deliberations In A Criminal Case, Daniel H. Erskine Jun 2006

An Analysis Of The Legality Of Television Cameras Broadcasting Juror Deliberations In A Criminal Case, Daniel H. Erskine

Daniel H. Erskine

Recently, ABC News broadcast the deliberations of several juries in capital murder cases into the living rooms of the American public. The latest judicial opinion to confront the problem of televising jury room deliberations in a capital criminal case took place in the Texas Court of Criminal Appeals. The article surveys the applicable federal constitutional and statutory law, as well as state jurisprudence, relevant to the intrusion of television cameras into the jury room. Additionally, this article discusses recent Scottish and European case law addressing jury deliberation as a violation of the European Convention on Human Rights.


Global Feminism: Feminist Theory’S Cul-De-Sac, Elora Halim Chowdhury Jun 2006

Global Feminism: Feminist Theory’S Cul-De-Sac, Elora Halim Chowdhury

Human Architecture: Journal of the Sociology of Self-Knowledge

Global feminism has been critical of the earlier notion of "global sisterhood" and its uncritical attachment to commonalities of women's oppression around the world. However, in this article I argue that global feminism curiously remains inadequately accountable for its differential attitude toward issues of difference and inequality among communities within the U.S. versus those alleged differences and inequalities across the U.S. borders. Consequently, global feminism, using a universal human rights paradigm, constructs for itself the role of the heroic savior, reminiscent of colonialist civilizing mission (Abu-Lughod 2002) and in line with current U.S. imperialist interventions. Strategies ...


Human Rights And Due Process Of Law, Donald E. Wilkes Jr. May 2006

Human Rights And Due Process Of Law, Donald E. Wilkes Jr.

Popular Media

One of our constitutional rights, the right to due process of law, is terra incognita to most Americans, even though it is one of the most important constitutional rights. This article discusses the history of this fundamental right.


The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum May 2006

The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum

San Diego International Law Journal

This Article will examine the role that the danger test has played in the decisions of American courts and, more recently, in the decisions of British courts and the enforcement organs of the European Convention. Part I will briefly trace the immediate Anglo-American constitutional background from which the danger test emerged. It particular, it will examine the way in which the common law offense of seditious libel was defined by British judges and judicial commentators in the late nineteenth century. Part II will focus on the evolution in American law of judicial attempts to articulate both a "content-based" and an ...


Litigating Child Recruitment Before The Special Court For Sierra Leone, Noah B. Novogrodsky May 2006

Litigating Child Recruitment Before The Special Court For Sierra Leone, Noah B. Novogrodsky

San Diego International Law Journal

In May 2004, the Special Court for Sierra Leone issued a landmark decision finding that an individual may be held criminally responsible for the offense of recruiting child soldiers into armed conflict. As a hybrid tribunal established by the United Nations and the Government of Sierra Leone to try those who "bear the greatest responsibility" for serious violations of international humanitarian law committed during the country's civil war after November 1996, the Special Court is the first international criminal body to indict a person for the crime of recruiting and employing children in war. The decision in the case ...


Brief Of The University Of Toronto International Human Rights Clinic As Amicus Curiae To The Special Court For Sierra Leone, Noah B. Novogrodsky May 2006

Brief Of The University Of Toronto International Human Rights Clinic As Amicus Curiae To The Special Court For Sierra Leone, Noah B. Novogrodsky

San Diego International Law Journal

This brief addresses three questions: 1) the illegality of recruiting child soldiers into armed conflict; 2) the application of penal sanctions in international humanitarian law; and 3) the proper application of the principle of nullum crimen sine lege. Part I of our argument will establish that the recruitment of children into armed conflict is and was unquestionably a violation of international humanitarian law at the time the alleged offences took place. Part II will explain when international law permits prosecution of violations of international humanitarian law irrespective of whether penal sanctions are attached. Amici conclude that such prosecutions are permitted ...


The Obligation To Use Force To Stop Acts Of Genocide: An Overview Of Legal Precedents, Customary Norms, And State Responsibility, Joshua M. Kagan May 2006

The Obligation To Use Force To Stop Acts Of Genocide: An Overview Of Legal Precedents, Customary Norms, And State Responsibility, Joshua M. Kagan

San Diego International Law Journal

Though the Genocide Convention was created to "liberate mankind from [the] odious scourge" of genocide, the dreams of its drafters have still not come to fruition. The commission of genocide, widely considered the most appalling of all crimes, did not end with the signing and ratification of the Convention in 1948. Genocide continues in the world today. While its sentiments were noble and its aims commendable, the Genocide Convention as it is interpreted and applied today is insufficient to stop the commission of genocide in the world. In order to rid the world of this crime, a new interpretation of ...


The Anomaly Of Guantanamo: Two Innocent Men Caught In A Devastating Legal Limbo, Lauren S. Elfant Apr 2006

The Anomaly Of Guantanamo: Two Innocent Men Caught In A Devastating Legal Limbo, Lauren S. Elfant

ExpressO

No abstract provided.


Advisory Opinions On Human Rights: Moving Beyond A Pyrrhic Victory, Julie Calidonio Schmid Apr 2006

Advisory Opinions On Human Rights: Moving Beyond A Pyrrhic Victory, Julie Calidonio Schmid

Duke Journal of Comparative & International Law

No abstract provided.


A Constant Battle: The Evolving Challenges In The International Fight Against Doping In Sport, Jessica K. Foschi Apr 2006

A Constant Battle: The Evolving Challenges In The International Fight Against Doping In Sport, Jessica K. Foschi

Duke Journal of Comparative & International Law

No abstract provided.


Has Conduct In Iraq Confirmed The Moral Inadequacy Of International Humanitarian Law? Examining The Confluence Between Contract Theory And The Scope Of Civilian Immunity During Armed Conflict, Samuel Vincent Jones Apr 2006

Has Conduct In Iraq Confirmed The Moral Inadequacy Of International Humanitarian Law? Examining The Confluence Between Contract Theory And The Scope Of Civilian Immunity During Armed Conflict, Samuel Vincent Jones

Duke Journal of Comparative & International Law

No abstract provided.


Acculturation And The Development Of Death Penalty Doctrine In The United States, Krista L. Patterson Apr 2006

Acculturation And The Development Of Death Penalty Doctrine In The United States, Krista L. Patterson

Duke Law Journal

No abstract provided.


Old Poison In New Bottles: Trafficking And The Extinction Of Respect, Winston P. Nagan, Alvaro De Medeiros Apr 2006

Old Poison In New Bottles: Trafficking And The Extinction Of Respect, Winston P. Nagan, Alvaro De Medeiros

UF Law Faculty Publications

The new form of slavery comes by that relatively innocuous title, “trafficking.” Trafficking is an illustration of the dynamic character of the social and antisocial forces that conspire to undermine the idea of human dignity in the world community. The forms of crime are in fact dynamic. Frequently the institutional forces behind crime have capital, lethal functionaries, technology, and a capacity to advance criminal interests, both within states and across state lines. To the extent that crime itself is dynamic it must as well be acknowledged that human rights violations in general also have a dynamic character. In short, when ...


Anthropology, Human Rights, And Legal Knowledge: Culture In The Iron Cage, Annelise Riles Mar 2006

Anthropology, Human Rights, And Legal Knowledge: Culture In The Iron Cage, Annelise Riles

Cornell Law Faculty Publications

In this article, I draw on ethnography in the particular zone of engagement between anthropologists, on the one hand, and human rights lawyers who are skeptical of the human rights regime, on the other hand. I argue that many of the problems anthropologists encounter with the appropriation and marginalization of anthropology's analytical tools can be understood in terms of the legal character of human rights. In particular, discursive engagement between anthropology and human rights is animated by the pervasive instrumentalism of legal knowledge. I contend that both anthropologists who seek to describe the culture of human rights and lawyers ...


The Tragic Foundations Of Human Rights, Louis E. Wolcher Feb 2006

The Tragic Foundations Of Human Rights, Louis E. Wolcher

ExpressO

The longing for a theoretical foundation to support the aspiration for universal (international) human rights always precedes the construction of any particular foundation. This essay examines the longing for foundations in its relation to the truth of universal human suffering. Using the phenomenological method, it uncovers a certain moment of distress that shows itself in the form of longing for the constant presence of an authoritative ground that would obscure universal suffering and give focus to the phenomenon of infinite ethical responsibility that attends the I’s encounter with the suffering of others. Thought hungers for a responsibility-relieving warrant (A ...


Torture: Considering A Framework For Limiting Use, Scott J. Goldberg Feb 2006

Torture: Considering A Framework For Limiting Use, Scott J. Goldberg

ExpressO

Abu Graib, Guantanamo, the War on Terror—the debate over the use of torture is still very much alive in the world today. The debate can be divided into two questions: (1) whether there should be an actual absolute ban where torture is never allowed either ethically or legally, and (2) if torture should be allowed under certain circumstances what form of regulation is best able to ensure that it is used only in those most limited circumstances. Currently, there is an absolute ban in place, yet world leaders, applying a case-by-case utilitarian approach, in fact permit the use of ...


The Role Of Reservations And Declarations Before The Inter-American Court Of Human Rights: The Las Hermanas Serrano Cruz Case And The Future Of Inter-American Justice, Jessica L. Tillson Jan 2006

The Role Of Reservations And Declarations Before The Inter-American Court Of Human Rights: The Las Hermanas Serrano Cruz Case And The Future Of Inter-American Justice, Jessica L. Tillson

ExpressO

Las Hermanas Serrano Cruz is a landmark case in the jurisprudence of the Inter-American Court of Human Rights because it excludes a large body of arguably valid claims from meaningful adjudication within the inter-American system. In the Las Hermanas Serrano Cruz decision on preliminary objections, the Court upheld El Salvador’s restriction to rationae temporis. Although the State’s restriction was improper both substantively and procedurally, the Court held it to be valid under the American Convention on Human Rights by misclassifying it as a declaration rather than a reservation. This mistake not only proved detrimental to the Las Hermanas ...