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Full-Text Articles in Law

Being Gay In Kenya: The Implications Of Kenya’S New Constitution For Its Anti-Sodomy Laws, Courtney E. Finerty Apr 2012

Being Gay In Kenya: The Implications Of Kenya’S New Constitution For Its Anti-Sodomy Laws, Courtney E. Finerty

Cornell International Law Journal

No abstract provided.


France’S Repatriation Of Roma: Violation Of Fundamental Freedoms, Caitlin T. Gunther Jan 2012

France’S Repatriation Of Roma: Violation Of Fundamental Freedoms, Caitlin T. Gunther

Cornell International Law Journal

No abstract provided.


Does Access To Justice Improve Compliance With Human Rights Norms - An Empirical Study, Samuel P. Baumgartner Oct 2011

Does Access To Justice Improve Compliance With Human Rights Norms - An Empirical Study, Samuel P. Baumgartner

Cornell International Law Journal

No abstract provided.


Courts Resisting Courts: Lessons From The Inter-American Court’S Struggle To Enforce Human Rights, Alexandra Huneeus Oct 2011

Courts Resisting Courts: Lessons From The Inter-American Court’S Struggle To Enforce Human Rights, Alexandra Huneeus

Cornell International Law Journal

Courts Resisting Courts explores a critical tension in international law: the relationship between international and national courts. Leading theorists assume that autonomous national courts heighten compliance with international human rights regimes. This article challenges this orthodoxy. It focuses on the Inter-American Court of Human Rights, an international court unique in that it orders far-reaching, innovative remedies that invoke action not only by the State's executive, but also the legislature and local courts. Original data reveals that national courts, more than any other branch of government, shirk the Court's rulings. This article turns this insight into a prescription for gaining greater …


The Right To Migrate As A Human Right: The Current Argentine Immigration Law, Barbara Hines Oct 2010

The Right To Migrate As A Human Right: The Current Argentine Immigration Law, Barbara Hines

Cornell International Law Journal

No abstract provided.


Toward A More Individualized Assessment Of Changed Country Conditions Of Kosovar Asylum-Seekers, Christian A. Fundo Oct 2010

Toward A More Individualized Assessment Of Changed Country Conditions Of Kosovar Asylum-Seekers, Christian A. Fundo

Cornell International Law Journal

No abstract provided.


Adult Domestic Trafficking And The William Wilberforce Trafficking Victims Protection Reauthorization Act, Lindsay Strauss Apr 2010

Adult Domestic Trafficking And The William Wilberforce Trafficking Victims Protection Reauthorization Act, Lindsay Strauss

Cornell Journal of Law and Public Policy

No abstract provided.


Corporate Disconnect: The Blackwater Problem And The Fcpa Solution, Andre M. Penalver Apr 2010

Corporate Disconnect: The Blackwater Problem And The Fcpa Solution, Andre M. Penalver

Cornell Journal of Law and Public Policy

No abstract provided.


The Unbalanced Imagery Of Anti-Terrorism Policy, Stuart Macdonald Apr 2009

The Unbalanced Imagery Of Anti-Terrorism Policy, Stuart Macdonald

Cornell Journal of Law and Public Policy

No abstract provided.


El Salvador: Repression In The Name Of Anti-Terrorism, Mirna Cardona Jan 2009

El Salvador: Repression In The Name Of Anti-Terrorism, Mirna Cardona

Cornell International Law Journal

No abstract provided.


The Lost Sanctuary: Examining Sex Trafficking Through The Lens Of United States V. Ah Sou, M. Margaret Mckeown, Emily Ryo Oct 2008

The Lost Sanctuary: Examining Sex Trafficking Through The Lens Of United States V. Ah Sou, M. Margaret Mckeown, Emily Ryo

Cornell International Law Journal

No abstract provided.


The Universal Declaration Of Human Rights At Sixty: Is It Still Right For The United States, Tai-Heng Cheng Jul 2008

The Universal Declaration Of Human Rights At Sixty: Is It Still Right For The United States, Tai-Heng Cheng

Cornell International Law Journal

No abstract provided.


Reproductive Injustice: An Analysis Of Nicaragua’S Complete Abortion Ban, Jocelyn E. Getgen Jan 2008

Reproductive Injustice: An Analysis Of Nicaragua’S Complete Abortion Ban, Jocelyn E. Getgen

Cornell International Law Journal

No abstract provided.


Restoring America’S Human Rights Reputation, Harold Hongju Koh Oct 2007

Restoring America’S Human Rights Reputation, Harold Hongju Koh

Cornell International Law Journal

No abstract provided.


International Human Rights Plaintiffs And The Doctrine Of Forum Non Conveniens, Jeffrey E. Baldwin Oct 2007

International Human Rights Plaintiffs And The Doctrine Of Forum Non Conveniens, Jeffrey E. Baldwin

Cornell International Law Journal

No abstract provided.


Anthropology, Human Rights, And Legal Knowledge: Culture In The Iron Cage, Annelise Riles Mar 2006

Anthropology, Human Rights, And Legal Knowledge: Culture In The Iron Cage, Annelise Riles

Cornell Law Faculty Publications

In this article, I draw on ethnography in the particular zone of engagement between anthropologists, on the one hand, and human rights lawyers who are skeptical of the human rights regime, on the other hand. I argue that many of the problems anthropologists encounter with the appropriation and marginalization of anthropology's analytical tools can be understood in terms of the legal character of human rights. In particular, discursive engagement between anthropology and human rights is animated by the pervasive instrumentalism of legal knowledge. I contend that both anthropologists who seek to describe the culture of human rights and lawyers who …


Legal Excisions Omissions Are Not Accidents, Timothy Webster Jan 2006

Legal Excisions Omissions Are Not Accidents, Timothy Webster

Cornell International Law Journal

No abstract provided.


Defending Non-Combatants: A Reply To Richard Arneson, Burke Hendrix Jan 2006

Defending Non-Combatants: A Reply To Richard Arneson, Burke Hendrix

Cornell International Law Journal

No abstract provided.


Employing Health Rights For Global Justice: The Promise Of Public Health In Response To The Insalubrious Ramifications Of Globalization , Benjamin Mason Meier Jan 2006

Employing Health Rights For Global Justice: The Promise Of Public Health In Response To The Insalubrious Ramifications Of Globalization , Benjamin Mason Meier

Cornell International Law Journal

No abstract provided.


Imagine A World Without Hunger: The Hurdles Of Global Justice, Muna Ndulo Jan 2006

Imagine A World Without Hunger: The Hurdles Of Global Justice, Muna Ndulo

Cornell International Law Journal

No abstract provided.


Social Rights Are Human Rights: Actualizing The Rights To Work And Social Security In Africa, Nsongurua J. Udombana Jan 2006

Social Rights Are Human Rights: Actualizing The Rights To Work And Social Security In Africa, Nsongurua J. Udombana

Cornell International Law Journal

No abstract provided.


The Wages Of Just War, Ruti Teitel Jan 2006

The Wages Of Just War, Ruti Teitel

Cornell International Law Journal

No abstract provided.


Redefining Combatants, David Whippman Jan 2006

Redefining Combatants, David Whippman

Cornell International Law Journal

No abstract provided.


Introducing Discipline: Anthropology And Human Rights Administrations, Iris Jean-Klein, Annelise Riles Nov 2005

Introducing Discipline: Anthropology And Human Rights Administrations, Iris Jean-Klein, Annelise Riles

Cornell Law Faculty Publications

Anthropologists engage human rights administrations with an implicit promise that our discipline has something unique to offer. The articles in this special issue turn questions about relevance and care so often heard in the context of debates about human rights outside in. They focus not on how anthropology can contribute to human rights activities, but on what anthropological encounters with human rights contribute to the development of our discipline. They ask, how exactly do we render the subject relevant to anthropology? Reflecting on some ways anthropologists in this field have dispensed care for their subjects, the authors highlight two modalities …


The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker Jan 2005

The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker

Cornell International Law Journal

A former UN official & staff lawyer for the International Court of Justice (ICJ) reflects on that courts ruling on Israels construction of a wall in the Occupied Palestinian Territory. It is emphasized that the Court's primary focus was upholding international law. The case was not about Israels right to build a protective structure on its own territory but about the course of the West Bank barrier that extends past the Green Line designated in the 1949 Armistice Agreement. Key pronouncements of the landmark opinion are examined, including condemnation of the settlements that Israel had established in Palestinian territories; the …


The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton Jan 2005

The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the creation of the Iraq Special Tribunal (IST) is warranted under the existing structure of international law, & accords the highest aspirations of those who purport to believe in the rule of law. The legal authorities for the creation of the Special Iraqi Tribunal in Articles 64 & 43 of the Hague regulations regarding occupation, legal authority through the UN Security Council Resolution 1483, & the Coalitional Provisional Authority are defined. The structure of the IST is described in terms of jurisdictional reach, procedural …


Assessing Human Rights In China: Why The Double Standard, Randall Peerenboom Jan 2005

Assessing Human Rights In China: Why The Double Standard, Randall Peerenboom

Cornell International Law Journal

No abstract provided.


Prosecuting Saddam: The Coalition Provisional Authority And The Evolution Of The Iraqi Special Tribunal, Tom Parker Jan 2005

Prosecuting Saddam: The Coalition Provisional Authority And The Evolution Of The Iraqi Special Tribunal, Tom Parker

Cornell International Law Journal

No abstract provided.


The Struggle Of A Democracy Against Terrorism - Protection Of Human Rights: The Right To Privacy Versus The National Interest - The Proper Balance, Emanuel Gross Jan 2004

The Struggle Of A Democracy Against Terrorism - Protection Of Human Rights: The Right To Privacy Versus The National Interest - The Proper Balance, Emanuel Gross

Cornell International Law Journal

No abstract provided.


U.S. Unilateralism And International Crimes: The International Criminal Court And Terrorism, Fiona Mckay Jul 2003

U.S. Unilateralism And International Crimes: The International Criminal Court And Terrorism, Fiona Mckay

Cornell International Law Journal

No abstract provided.