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Articles 1 - 5 of 5
Full-Text Articles in Law
The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet
The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet
Pace Law Review
Compared to other Western democracies, references to “human rights” are rare in domestic American law. A survey of landmark Supreme Court cases reveals that both conservative and liberal Justices made no mention of “human rights” when addressing fundamental questions: racial segregation, the death penalty, prisoners’ rights, women’s rights, children’s rights, gay rights, and indefinite detention at Guantanamo. This absence illustrates a broader societal trait. In the United States, “human rights” commonly evoke foreign problems like abuses in Third World dictatorships—not domestic problems. By contrast, human rights play a relatively important role as a domestic principle in Europe, Canada, Australia, and …
Book Review: Fresh Water In International Law. By Laurence Boisson De Chazournes, Oxford, Oxford University Press (Dec. 2013). , Itzchak Kornfeld
Book Review: Fresh Water In International Law. By Laurence Boisson De Chazournes, Oxford, Oxford University Press (Dec. 2013). , Itzchak Kornfeld
Itzchak E. Kornfeld
This book review of an extremely timely, far-reaching and comprehensive book by Professor Laurence Boisson de Chazournes, titled Fresh Water in International Law, by an expert in the field. Today, in an era of climate change, wide spread droughts across the globe, the fate of fresh water, which is a fixed resource and is the source of life, is an ominous problem in and for international law. Boisson de Chazournes addresses issues related to treaty design and interpretation, case law, UN initiatives, human rights issues and the development of the human right to water. The author also stresses that today …
Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt
Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt
International Law Studies
This article examines the geographical reach of international humanitarian law (law of armed conflict), particularly during armed conflicts between States and non-State organized armed groups. The issue is operationally critical, since to the extent that IHL applies, practices which are lawful during armed conflicts, such as status-based targeting, may be employed. When IHL does not apply, human rights obligations shouldered by the State govern the conduct of its military operations. The article surveys the various approaches to the the legal geography of non-international armed conflict, arguing that an interpretation by which IHL is not geographically restricted is the most supportable.
Undocumented Migrants And The Failures Of Universal Individualism, Jaya Ramji-Nogales
Undocumented Migrants And The Failures Of Universal Individualism, Jaya Ramji-Nogales
Vanderbilt Journal of Transnational Law
In recent years, advocates and scholars have made increasing efforts to situate undocumented migrants within the human rights framework. Few have examined international human rights law closely enough to discover just how limited it is in its protections of the undocumented. This Article takes that failure as a starting point to launch a critique of the universal individualist project that characterizes the current human rights system. It then catalogues in detail the protections available to undocumented migrants in international human rights law, which are far fewer than often assumed. The Article demonstrates through a close analysis of relevant law that …
International Economic Law And The Right To Food, Carmen G. Gonzalez
International Economic Law And The Right To Food, Carmen G. Gonzalez
Carmen G. Gonzalez
This chapter examines the historic and current policies and practices that have contributed to food insecurity in the global South. It analyzes the impact of international economic law on the patterns of trade and production that perpetuate food insecurity, and recommends concrete measures that the international community might take through law and regulation to promote the fundamental human right to food. Part I provides a short introduction to the right to food framework and its implications for international trade, investment, and finance. Part II places the current food crisis in historical perspective by discussing the trade and aid policies that …