Law Commons^™

United Nations Human Rights "Entitlements": The Right To Development Analyzed Within The Application Of The Right To Self-Determination, Sara E. Allgood

Georgia Journal of International & Comparative Law

No abstract provided.

Separation Anxiety? Rethinking The Role Of Morality In International Human Rights Lawmaking, Vijay M. Padmanabhan

Vanderbilt Journal of Transnational Law

The conventional accounts of international law do a poor job accounting for human rights. International legal positivists generally argue that there is a strict separation of law and morality, with no role for moral obligation in the validation of law. But human rights practice reveals many situations in which it appears that morality is validating legal obligation. Process theorists recognize an intrinsic role for the values underlying international law in understanding its commands. But they embrace a vision of law as dialogue that fails to protect the right to self-determination that is a core value of human rights.

This Article …

Tibetan Diaspora In The Shadow Of The Self-Immolation Crisis: Consequences Of Colonialism, Robert D. Sloane

Faculty Scholarship

This chapter for a book on protracted refugee crises argues that the origins of both the unresolved Tibetan refugee crisis and the tragic and unprecedented wave of some 120 self-immolations in Tibet since 2009 lie in Tibet’s unacknowledged status as a colony. China illegally invaded and annexed Tibet in 1950, and it remains under belligerent occupation to this day. Contrary to the official views of the People’s Republic of China (PRC), the United States, and (to my knowledge) every other state in the world, it is a fiction to refer to the Tibetan people as a Chinese 'minority nationality'. Every …