Law Commons^™

The United Nations System For The Protection Of Human Rights, Larry Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.

Release Senate Report On Cia Torture Program, Lauren Carasik

Media Presence

No abstract provided.

Is The United Nations Endorsing Human Rights Violations?: An Analysis Of The United Nations' Combating Defamation Of Religions Resolutions And Pakistan's Blasphemy Laws, Rebecca J. Dobras

Georgia Journal of International & Comparative Law

No abstract provided.

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.

No Worldwide Consensus: The United Nations Declaration On Human Cloning, Channah Jarrell

Georgia Journal of International & Comparative Law

No abstract provided.

The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson

Georgia Journal of International & Comparative Law

No abstract provided.

"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza

Georgia Journal of International & Comparative Law

No abstract provided.

United Nations Watchdog Blasts Us For Persistent Racism, Lauren Carasik

Media Presence

No abstract provided.

The Necessity Of A Human Rights Accountabilty For The United Nations, Gerhard Niedrist

Gerhard Niedrist

The United Nations is an exceptional organization that covers nearly all states of the world. The UN has not only contributed greatly to the maintenance of international peace and security, but also has contributed significantly to the development of the present international human rights regime. With the end of the Cold War and the new geopolitical order in the early nineties, the concept of peace maintenance changed more and more to active peace-enforcement. UN operations gradually turned into “peace-making” operations, like those in Yugoslavia and Rwanda. This new type of peacemaking also led to new tasks for the UN, which …

Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger

Touro Law Review

No abstract provided.

Rights And Responsibilities: What Are The Prospects For The Responsibility To Protect In The International/Transnational Arena?, Carolyn Helen Filteau

PhD Dissertations

The dissertation involves a study of the emerging international norm of ‘The Responsibility to Protect’ which states that citizens must be protected in cases of human atrocities, war crimes, ethnic cleansing and genocide where states have failed or are unable to do so. According to the work of the International Commission on the Responsibility to Protect (ICISS), this response can and should span a continuum involving prevention, a response to the violence, when and if necessary, and ultimately rebuilding shattered societies. The most controversial aspect, however, is that of forceful intervention and much of the thesis focuses on this aspect. …

The Un Is Not Above The Law, Lauren Carasik

Media Presence

No abstract provided.

Public Sector Labor Policy: A Human Rights Approach, Robert Hebdon

Nevada Law Journal

No abstract provided.

Human Rights And The New Reality Of Climate Change: Adaptation's Limitations In Achieving Climate Justice , Zackary L. Stillings

Michigan Journal of International Law

In 2005, the Inuit of Canada and the United States filed a petition with the Inter American Commission on Human Rights, alleging that their respective governments had violated their human rights by failing to mitigate climate change harms. The Inuit alleged violations of several specific human rights, including the right to enjoy their culture; the right to enjoy and use the lands they have traditionally occupied; the right to use and enjoy their personal property; the right to health; the right to life, physical integrity, and security; the right to their own means of subsistence; and the right to residence …

Introduction To Intervention Under International Law, Mortimer N.S. Sellers

All Faculty Scholarship

The lawfulness or legitimacy of "external" intervention in the "internal" affairs of sovereign states is one of the most basic controversies in modern international law. The question arises in three separate but related forms: When is intervention lawful? When is intervention legitimate? And when should intervention occur? Discussion here will focus on the legal question, but legitimacy, morality, and brutal reality all form and sometimes trump the law. They dictate the parameters within which all legal determinations take place, including the legality of cross-border interventions. By "intervention" I mean any activity by one state or its agents that influences the …

Insiderness, Outsiderness, And Situated Accessibility – How Women Activists Navigate Un’S Commission On The Status Of Women, Daniela Jauk

Societies Without Borders

The goal of this article is to explain micro-political aspects of women’s participation within the Commission on the Status of Women (CSW) by explicating how NonGovernmental Organization’s (NGO) representatives negotiate and perceive their work. Data from ethnographic participant observation of CSW meetings between 2009 and 2012 demonstrate the simultaneity of both clear insider/outsider distinctions as well as blurred and permeable boundaries between the intergovernmental body of the CSW and civil society in the form of women’s rights activists who attempt to shape CSW outcomes. Concepts of fluid insiderness and outsiderness (Naples 1996) help explain that women activists perceive themselves simultaneously …

Managing The ‘Republic Of Ngos’: Accountability And Legitimation Problems Facing The U.N. Cluster System, J.Benton Heath

J.Benton Heath

This Article identifies and critically assesses the crucial but troubled system for the coordination of international humanitarian assistance (the U.N. “Cluster Approach”). Regardless of whether the Cluster Approach actually helps in disaster response, it exercises substantial power over affected populations by assigning competences and leadership roles. The built-in mechanisms for controlling this power are unworkable, as they ultimately fail to resolve the tension between humanitarian organizations’ autonomy and the need for coordination. This Article identifies the emergence of an alternative model of accountability, based on mutual monitoring and “peer review.” Drawing on theories of network governance and experimentalism, this Article …

Restoration Of Historical Memory And Dignity For Victims Of The Armenian Genocide: A Human Rights Law Approach To Effective Reparations, Richard Wilson

Articles in Law Reviews & Other Academic Journals

This article argues that United Nations human rights principles and new developments in the Inter-American Commission on Human Rights and the European Court of Human Rights suggest a route to provide effective reparation through restoration of historical memory and dignity for victims of the Armenian Genocide.

Monitoring, Reporting, And Fact-Finding: Does The Human Rights Council Report On Human Rights In North Korea Provide A Template For The Sri Lankan Investigation?, Chris Jenks

Faculty Journal Articles and Book Chapters

2014 has already heralded two significant developments related to monitoring, reporting, and fact-finding (MRF) mechanisms for collecting information on alleged international law violations. First, the Human Rights Council (HRC) published their “Report of the detailed findings of the commission of inquiry on human rights in the Democratic People’s Republic of Korea” in February. This report may provide a roadmap for the second important development, the HRC’s decision in March to investigate alleged international law violations during the final phase of the armed conflict in Sri Lanka. More broadly, both these efforts offer lessons for any group or body participating in …

International Law And The Future Of Peace, Diane Marie Amann

Scholarly Works

These remarks, delivered at the April 4, 2013, luncheon of the American Society of International Law Women in International Law Interest Group, reflects on contributions of Jane Addams and other members of the early 20th C. peace movement as a means to explore law and practice related to the contemporary use of force and armed conflict.

Toward A Legal Theory On The Responsibility To Protect, Monica Hakimi

Articles

Over the past several decades, the central focus of international law has shifted from protecting only sovereign states to protecting individuals. Still, the worst imaginable human rights violations—genocides, ethnic cleansings, crimes against humanity, and systemic war crimes—occur with alarming frequency. And the international response is often slow or ineffectual. The most recent development for addressing this problem is the “responsibility to protect,” an idea that has received so much attention that it now goes simply by R2P. Almost all heads of state have endorsed R2P. The U.N. Secretary General has made R2P a top priority and issued multiple reports on …

Restoration Of Historical Memory And Dignity For Victims Of The Armenian Genocide: A Human Rights Law Approach To Effective Reparations, Richard J. Wilson

Richard J. Wilson