Law Commons^™

Tibet To Tienanmen: Chinese Human Rights And United States Foreign Policy, W. Gary Vause

Vanderbilt Law Review

The roof of the world, land of the snows, alleged home of the Abominable Snowman, and place for the timeless meeting of mountain and sky--these are the Western visions of Tibet.' Most Americans know little else about this strange and exotic land shrouded in historical obscurity. Modern Tibet is a curious stockpot of native Tibetans and immigrant Chinese, which until recently was seasoned with increasing numbers of Western tourists, backpackers of all ages, vagabonds,and visitors from neighboring Nepal.'On June 4, 1989, China's 27th Army brutally crushed democracy demonstrations that had extended for seven weeks in Beijing and other Chinese cities. …

Existing Legal Treatment Of Developing Countries: Differential, Contextual, And Absolute Norms, Daniel Barstow Magraw

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

53 pages.

Contains 11 pages of endnotes.

"Sentencing And Visible Minorities: Equality And Affirmative Action In The Criminal Justice System", Bruce P. Archibald

Dalhousie Law Journal

The Canadian criminal justice system is facing serious criticism for being racist. Certain Canadian laws and judicial decisions in the past have made the legal system an easy target for such charges. Canadian governments have acknowledged the problems of racism in Canadian society, and provincial and federal human rights legislation exemplify efforts to eradicate racial discrimination. However, racial discrimination persists in Canadian society and the criminal justice system occupies a particularly sensitive place in controversies over the role of the state in these problems. Moreover, the equality provisions in the Canadian Charter of Rights and Freedoms have quite properly raised …

The Politics Of The Imagination: A Life Of F.R. Scott, J King Gordon

Dalhousie Law Journal

The task of a biographer is a challenging one at best. And when the subject is one who has achieved distinction in many fields the difficulties are magnified many times. Better, perhaps, to settle for a Festschift where colleagues and friends in fields in which the subject has excelled join together to pay their separate tributes. So in the case of Frank Scott and his biographer, Sandra Djwa. She is a professor of literature and has achieved recognition for the work she has done on the writings and life of E.J. Pratt. It was undoubtedly Frank Scott, the distinguished Canadian …

The Concept And Present Status Of The International Protection Of Human Rights: Forty Years After The Universal Declaration, Annemieke Holthius

Dalhousie Law Journal

John P. Humphrey, the first Director of the Human Rights Division of the United Nations, in his preface to The Concept and Present Status of the International Protection of Human Rights - Forty Years after the Universal Declaration, observes that the question of the international protection of human rights "has received far too little attention from scholars, statesmen, diplomats and human rights activists". There "has so far been no attempt ... to provide a comprehensive account" of the concept of "protection" within the international law of human rights. In his new book, Dr. B.G. Ramcharan, the distinguished lawyer-adviser in the …

Interdependence And Permeability Of Human Rights Norms: Towards A Partial Fusion Of The International Covenants On Human Rights, Craig Scott

Osgoode Hall Law Journal

Using the doctrine of interdependence of human rights as a starting point, the author considers the extent to which international human rights norms located in the International Covenant on Economic, Social and Cultural Rights (ICESCR) "permeate" the parallel International Covenant on Civil and Political Rights (ICCPR), thereby permitting certain social and economic rights to be subjected to the individual petition procedure under the ICCPR's Optional Protocol. After elucidating the notion of interdependence, the author evaluates the salience of the concept in international human rights discourse, and weighs this against arguments for the continued normative separation of the Covenants based on …

Protection Of Persons (Natural And Juridical), Lung-Chu Chen

Articles & Chapters

No abstract provided.

Rebus Redux: The Potential Utility Of Fundamental Change Of Circumstances Doctrine To Enforce Human Rights Norms, Robert J. Munnelly Jr.

Cornell International Law Journal

No abstract provided.

Chinese Attitude Toward International Law Of Human Rights In The Post-Mao Era, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

One Step Forward, One Step Back, Human Rights In The People's Republic Of China In 1987/88, John F. Copper, Ta-Ling Lee

Maryland Series in Contemporary Asian Studies

No abstract provided.

Arrest First, Ask Questions Later: The Japanese Police Detention System, Christopher James Neumann

Penn State International Law Review

The Japanese police detention system enables police and prosecutors to detain criminal suspects for up to twenty-three days without a formal charge, thus posing numerous human rights problems. This comment concentrates on the Covenant on Civil and Political Rights which provides a means for identifying the human rights abuses occurring under the Japanese police detention system, as well as a method for rectifying such abuses.

Saving Grace Or Saving Face: The Roman Catholic Church And Human Rights, John A. Onorato

Penn State International Law Review

The first part of this Comment examines the structure and organization of the Roman Catholic Church, the means of papal diplomacy, and the Vatican's participation in international organizations. Special attention is focused on the Code of Canon Law, the Lateran Agreements, and other important documents. The second part of this Comment examines the role the Church plays as a protector of human rights. This focuses on the Church's actions and recent history in two nations, Chile and Poland, and examines the effects of papal visits to these countries and the publication of papal encyclicals dealing with human rights.

The Dust Of Life: The Legal And Political Ramifications Of The Continuing Vietnamese Amerasian Problem, Ernest C. Robear

Penn State International Law Review

Vietnamese disparagingly refer to them as bui doi. Americans refer to them as persons "of particular humanitarian concern to the United States." In both cases the reference is to Amerasians, the children and young adults of mixed American/Asian parentage. For the purpose of this Comment, an Amerasian may be defined as one whose mother is Asian and whose father is American. Since the last United States forces pulled out of Vietnam on April 30, 1975, these Amerasians have been caught up in a bureaucratic tug-of-war between Washington and Hanoi. Despite positive legislation, the problems faced by Vietnamese Amerasians still …

Divorce And Remarriage As Human Rights: The Irish Constitution And The European Convention On Human Rights At Odds In Johnston V. Ireland, Kathleen M. Dillon

Cornell International Law Journal

No abstract provided.

From Red Lion Square To Skokie To The Fatal Shore: Racial Defamation And Freedom Of Speech, David Partlett

Vanderbilt Journal of Transnational Law

This Article addresses, against the backdrop of possible legislative reforms in Australia, the tension between the desire to eliminate racial defamation and the need to protect freedom of speech. In an historical overview, Mr. Partlett notes an increasing sensitivity to racial issues in Australia in the face of an assumed but nebulously stated value of free speech. Mr. Partlett analyzes theoretical and legal approaches to free speech from Commonwealth and United States perspectives, and analysis of recent legal and social developments in civil rights in the United States makes this Article relevant for both Commonwealth and United States reformers in …

Corruption, Legal Education And Change In West Africa: A Broader View Of Human Rights, Suzanne B. Goldberg

Faculty Scholarship

"Will we ever move again?" I wondered as I sat with my knees jammed into my chin, sore from the long and bumpy ride on the wooden plank which lined the back of a "bush taxi" – the only public transport between villages in Northern Mali. The "taxi" was actually a rusty and roadworn pickup truck packed with more than two dozen men, women and children, more than I ever imagined could fit in the small, flat space between the cab and the tailgate. "Why are we stopping now?" I smiled at myself as I felt a sense of exasperation …

Politics Across Borders: Nonintervention And Nonforcible Influence Over Domestic Affairs, Lori Fisler Damrosch

Faculty Scholarship

It is time for a fresh look at the norm of nonintervention in domestic affairs, as applied to nonforcible efforts to influence another state's internal politics. The existence of such a norm is widely proclaimed, and it is commonly assumed to be a legal obligation rather than a mere practice of comity or aspirational objective. For governments, scholars and international organs alike, the "rule" against interference in internal politics seems to be an article of faith; but despite the frequency of its incantation in international discourse, how the norm applies to nonforcible conduct is inadequately understood.

This article considers the …

Recent Developments: The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment, David P. Fidler

Articles by Maurer Faculty

No abstract provided.