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Full-Text Articles in Law

The Relative Universality Of Human Rights (Revised), Jack Donnelly Dec 2006

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 Nov 2006

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 …


Labor’S Human Rights: A Review Of The Nature And Status Of Core Labor Rights As Human Rights, Roy J. Adams Oct 2006

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.


International Law And The 2003 Campaign Against Iraq, Nicholas Rostow May 2006

International Law And The 2003 Campaign Against Iraq, Nicholas Rostow

International Law Studies

No abstract provided.


Is Humanity Enough? The Secular Theology Of Human Rights, Peter Fitzpatrick May 2006

Is Humanity Enough? The Secular Theology Of Human Rights, Peter Fitzpatrick

Human Rights & Human Welfare

© Peter Fitzpatrick. 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.


Torturing The Law, Jose A. Alvarez Jan 2006

Torturing The Law, Jose A. Alvarez

Case Western Reserve Journal of International Law

No abstract provided.


Torture, Morality, And Law, Jeff Mcmahan Jan 2006

Torture, Morality, And Law, Jeff Mcmahan

Case Western Reserve Journal of International Law

No abstract provided.


War By Proxy: Legal And Moral Duties Of Other Actors Derived From Government Affiliation, Michael A. Newton Jan 2006

War By Proxy: Legal And Moral Duties Of Other Actors Derived From Government Affiliation, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.


On The Uneasy Relation Between International Law And Democracy, Carol C. Gould Jan 2006

On The Uneasy Relation Between International Law And Democracy, Carol C. Gould

ILSA Journal of International & Comparative Law

The question we are asked to address is as follows: "Is international law a threat to democracy?" As a political philosopher, my inclination is to suggest that the answer requires clarifying at the outset the sense in which we are using each of the main terms here.


Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law Jan 2006

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2006

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

September 1 1th ushered in a period of existential doubt for many Americans, raising questions about why we are hated, what are our values, and what, if anything, should change.


Triptych: Sectarian Disputes, International Law, And Transnational Tribunals In Drinan's "Can God And Caesar Coexist?", Christopher J. Borgen Jan 2006

Triptych: Sectarian Disputes, International Law, And Transnational Tribunals In Drinan's "Can God And Caesar Coexist?", Christopher J. Borgen

Faculty Publications

Can international law be used to address conflicts that arise out of questions of the freedom of religion? Modern international law was born of conflicts of politics and religion. The Treaty of Westphalia, the seed from which grew today's systems of international law and international relations, attempted to set out rules to end decades of religious strife and war across the European continent. The treaty replaced empires and feudal holdings with a system of sovereign states. But this was within a relatively narrow and historically interconnected community: Protestants and Catholics, yes, but Christians all. Europe was Christendom.

To what extent …