Law Commons^™

The Relative Universality Of Human Rights (Revised), Jack Donnelly

Human Rights & Human Welfare

© Jack Donnelly. All rights reserved.

This article is forthcoming in Human Rights Quarterly.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website …

Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto

Human Rights & Human Welfare

The obligations set forth in the international and regional instruments on human rights are considered as having a strictly territorial scope. States parties have the duty to guarantee the rights recognized in the treaties to all individuals within their territories. The territorial reach of these obligations is expanding by way of interpretation. In its decision on Bankovic, the European Court reduced the impact of this international trend toward a progressive enlargement of the protection granted by human rights treaties, affirming those attacks conducted by NATO against Yugoslavia in 1999 fell out of the extraterritorial reach of the European Convention. After …

J. Eric Dibbern On Forbidden Families: Family Unification And Child Registration In East Jerusalem By Yael Stein. Hamoked: Center For The Defense Of The Individual, 2004. 41pp., J. Eric Dibbern

Human Rights & Human Welfare

A review of:

Forbidden Families: Family Unification and Child Registration in East Jerusalem by Yael Stein. HaMoked: Center for the Defense of the Individual, 2004. 41pp.

Sarah Bania-Dobyns On New Terror, New Wars By Paul Gilbert. Washington, Dc: Georgetown University Press, 2003. 176pp., Sarah Bania-Dobyns

Human Rights & Human Welfare

A review of:

New Terror, New Wars by Paul Gilbert. Washington, DC: Georgetown University Press, 2003. 176pp.

Labor’S Human Rights: A Review Of The Nature And Status Of Core Labor Rights As Human Rights, Roy J. Adams

Human Rights & Human Welfare

© Roy J. Adams. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

Richard Burchill On International Human Rights And Humanitarian Law: Treaties, Cases And Analysis By Francisco Forrest Martin, Stephen J. Schnably, Richard J. Wilson, Jonathan S. Simon, And Mark V. Tushnet. Cambridge: Cambridge University Press, 2006. 1022 Pp., Richard Burchill

Human Rights & Human Welfare

A review of:

International Human Rights and Humanitarian Law: Treaties, Cases and Analysis by Francisco Forrest Martin, Stephen J. Schnably, Richard J. Wilson, Jonathan S. Simon, and Mark V. Tushnet. Cambridge: Cambridge University Press, 2006. 1022 pp.

Kurt Mills On The Dark Sides Of Virtue: Reassessing International Humanitarianism By David Kennedy. Princeton: Princeton University Press, 2005. 400 Pp., Kurt Mills

Human Rights & Human Welfare

A review of:

The Dark Sides of Virtue: Reassessing International Humanitarianism by David Kennedy. Princeton: Princeton University Press, 2005. 400 pp.

Richard Burchill On The Practice And Procedure Of The Inter-American Court Of Human Rights By Jo M. Pasqualucci. Cambridge: Cambridge University Press, 2003. 488pp., Richard Burchill

Human Rights & Human Welfare

A review of:

The Practice and Procedure of the Inter-American Court of Human Rights by Jo M. Pasqualucci. Cambridge: Cambridge University Press, 2003. 488pp.

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 of …

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 …

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 …

Human Rights In Guatemala, Jennifer Archibald

Human Rights & Human Welfare

Thirty six years of civil war affected human rights negatively in Guatemala. Many actors that violated human rights were also victims of human rights violations; a complex series of events that has still not been fully resolved today.

Rights-Based Approaches To Development: Introduction, Sarah Hamilton

Human Rights & Human Welfare

This digest offers a multidimensional, well-chosen, and timely compilation of resources analyzing the myriad relationships between fields devoted to the realization of human rights and human development. I appreciate having the opportunity to introduce the issue for two reasons. First, the contributors perform a tremendous service to both fields. They have created an accessible pathway to works that engage: the normative, substantive, and empirical dimensions of the human rights/development nexus; key debates among theoreticians, policy-makers, and practitioners concerning this nexus; inclusive analysis of institutional frameworks and actors; and attention to both opportunities for, and challenges to, the realization of increasingly …

International Monetary Fund, Kris Kirby

Human Rights & Human Welfare

Just as the United Nations (U.N.) was created in direct response to the human atrocities and international conflict of World War II, the International Monetary Fund (IMF) was created to help repair the decimation that was experienced by the developed nations that became involved in the war. While both organizations have seemingly similar objectives (i. e. , post-war reconstruction and creation of an environment for lasting peace), the Articles of Agreement of the IMF, however, contains no explicit mention of human rights.

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Articles in Law Reviews & Other Academic Journals

In recent years, the issue of human trafficking - the recruitment or movement of persons by means of coercion or deception into exploitative labor or slavery-like practices - has moved from the margins to the mainstream political agenda. The rapid proliferation of international, regional and domestic anti-trafficking laws bespeaks universal condemnation of the practice, but belies deep divisions among States over how to define and approach the problem. It is thus significant that the international community was able to reach consensus and conclude a new international law on trafficking - the Palermo Protocol. But just weeks before the signing of …

The Right To Food: Holding Global Actors Accountable Under International Law, Smita Narula

Elisabeth Haub School of Law Faculty Publications

Economic globalization represents both an unmet opportunity and a significant challenge for the fulfillment of social and economic rights, including the right to food. While corporate sector accountability and the responsibility of international financial institutions (IFIs) to ensure social and economic rights are now at the forefront of the globalization discourse, greater attention must be paid to how these actors can be held accountable under international law. The existing human rights legal framework is ill-equipped to deal with violations committed by non-state actors, such as transnational corporations (TNCs), and multi-state actors, such as IFIs. Using the right to food as …

Paul J. Magnarella On European Court Of Human Rights: Remedies And Execution Of Judgments. Edited By Theodora Christou And Juan Pablo Raymond. London, Uk: British Institute Of International And Comparative Law, 2005. 115 Pp., Paul J. Magnarella

Human Rights & Human Welfare

A review of:

European Court of Human Rights: Remedies and Execution of Judgments. Edited by Theodora Christou and Juan Pablo Raymond. London, UK: British Institute of International and Comparative Law, 2005. 115 pp.

Human Rights In Honduras, Andrea Degaetani

Human Rights & Human Welfare

Honduras’ history of human rights violations is rooted in a political culture of militarization. Following a military coup in 1963, Honduras faced strengthened military authority and a decade of harsh military rule. It was also during this time that the United States used the country as a base for Contras fighting leftist Sandinistas in Nicaragua. In 1981 Honduras returned to a parliamentary democracy, electing Roberto Suazo Cordova as president. However, by then the process of militarization had been so heavily funded by the U.S and had made such a significant impact on public policy that little changed for the better. …

The Organization Of American States, Natalie Knowlton

Human Rights & Human Welfare

The international community focused its attention on protecting human rights in response to horrendous human rights abuses during World War II. Latin and South American states enacted The American Declaration of the Rights and Duties of Man [Declaration] in 1948, shortly after their creation of the Organization of American States [OAS]. While the Declaration set forth dozens of rights, little was done in the next decade to establish a means for their protection.

Human Rights In Peru, William Osborne

Human Rights & Human Welfare

As many Central and South American nations continue to experience the human rights violations that characterized the twentieth century, Peru has moved forward. The truth and reconciliation process, which officially ended with a final report in August 2003 and corrective legal action by recent governments, created a stable nation where the rule of law applies.

The African Union, Makaria Green

Human Rights & Human Welfare

The African Union (AU) was established on July 8, 2001. Its predecessor was the Organization for African Unity (OAU)—established in 1963. The charter that created the OAU was the result of several multinational African conferences held in the 1950s and 1960s aimed at supporting Africans who were still under colonial rule to incite change through non-violent means. The OAU had just four organs: the Assembly of Heads of State and Government, the Council of Ministers, the General Secretariat and the Commission of Mediation, and Conciliation and Arbitration. On September 9, 1999, the Assembly of Heads of State and Government issued …

Office Of The High Commissioner For Human Rights, Robin Richardson

Human Rights & Human Welfare

A rights-based approach to development is a conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights. Essentially, a rights-based approach integrates the norms, standards and principles of the international human rights system into the plans, policies and processes of development (The Office of the High Commissioner for Human Rights).

United Nations Development Programme, Jason Keeler

Human Rights & Human Welfare

The central goal of Development has and will be the promotion of human well-being. Given that human rights define and defend human well-being, a rights-based approach to development provides both the conceptual and practical framework for the realization of human rights through the development process (United Nations Development Programme: Regional Bureau for Asia & Pacific ).

Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt

Journal Publications

When warlords use violence to coerce democratically constituted governments to share power, does power-sharing simply become a euphemism for "guns for jobs"? Which legal rules, if any, govern peace agreements in internal conflicts? Specifically, which rules regulate power-sharing? Are the aims of peace, justice, and adherence to the rule of law attainable, let alone compatible, with coerced political transitions where warlords force democratically constituted or legitimate governments to share power?

This Article represents the first conscientious attempt to address these questions, present a conceptual framework for examining the legal and political efficacy of coercing democratically constituted governments into sharing power, …