Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (693)
- Human Rights Law (356)
- International Humanitarian Law (188)
- Military, War, and Peace (156)
- Social and Behavioral Sciences (149)
-
- Political Science (113)
- International Relations (107)
- Comparative and Foreign Law (94)
- Transnational Law (74)
- Public Affairs, Public Policy and Public Administration (70)
- Environmental Law (62)
- International and Area Studies (60)
- Organizations Law (48)
- National Security Law (47)
- Law and Politics (44)
- Peace and Conflict Studies (44)
- Criminal Law (39)
- International Trade Law (37)
- Law and Society (30)
- Arts and Humanities (29)
- Law of the Sea (29)
- Courts (28)
- Constitutional Law (26)
- Legal History (26)
- Jurisdiction (25)
- European Law (24)
- Law and Gender (24)
- Natural Resources Law (24)
- Civil Rights and Discrimination (23)
- Institution
-
- University of Michigan Law School (129)
- University of Georgia School of Law (76)
- University of Denver (73)
- American University Washington College of Law (63)
- Selected Works (55)
-
- Vanderbilt University Law School (50)
- SelectedWorks (41)
- U.S. Naval War College (31)
- Maurer School of Law: Indiana University (30)
- Schulich School of Law, Dalhousie University (21)
- University of San Diego (18)
- University of Colorado Law School (15)
- Washington and Lee University School of Law (15)
- Touro University Jacob D. Fuchsberg Law Center (14)
- University of Miami Law School (14)
- William & Mary Law School (14)
- Case Western Reserve University School of Law (12)
- Columbia Law School (9)
- New York Law School (9)
- Western New England University (9)
- Yeshiva University, Cardozo School of Law (9)
- Fordham Law School (8)
- George Washington University Law School (8)
- Northwestern Pritzker School of Law (8)
- University of Tennessee College of Law (8)
- St. Mary's University (7)
- United Arab Emirates University (7)
- University of Pennsylvania Carey Law School (7)
- BLR (6)
- Boston University School of Law (6)
- Publication Year
- Publication
-
- Michigan Journal of International Law (80)
- Human Rights & Human Welfare (71)
- Georgia Journal of International & Comparative Law (57)
- Vanderbilt Journal of Transnational Law (46)
- International Law Studies (31)
-
- Scholarly Works (30)
- Articles (27)
- Human Rights Brief (24)
- Faculty Scholarship (22)
- Michigan Law Review (22)
- Articles in Law Reviews & Other Academic Journals (18)
- San Diego International Law Journal (17)
- Dalhousie Law Journal (16)
- Faculty Articles (13)
- Articles by Maurer Faculty (11)
- All Faculty Scholarship (10)
- Indiana Journal of Global Legal Studies (10)
- Faculty Publications (9)
- GW Law Faculty Publications & Other Works (8)
- Indiana Law Journal (8)
- Media Presence (8)
- Publications (8)
- Journal Articles (7)
- Scholarly Articles (7)
- UAEU Law Journal (7)
- University of Miami Inter-American Law Review (7)
- Washington and Lee Law Review (7)
- Brooklyn Journal of International Law (6)
- Case Western Reserve Journal of International Law (6)
- ExpressO (6)
- Publication Type
- File Type
Articles 121 - 150 of 977
Full-Text Articles in Law
The Human Rights Movement And The Prevention Of Evil: The Need To Look Inward As Well As Out, Jeffrey A. Brauch
The Human Rights Movement And The Prevention Of Evil: The Need To Look Inward As Well As Out, Jeffrey A. Brauch
Catholic University Law Review
The modern human rights movement began as a response to great evil perpetrated by individuals and nations against others during and preceding World War II. The movement has been dedicated to protecting the rights of individuals by confronting evil and holding nations accountable should efforts to prevent it fail.
This article contends that while the human rights movement is good at confronting evil “out there,” it has failed in important ways to recognize flaws within itself. In particular, it displays a hubris that shows itself in two ways. First, the movement has embraced a utopian expansion of rights to be …
Understanding The Attitude In Israel Towards The Application Of The Right Of Return For Palestinian Refugees, Wafaa Abuzayda
Understanding The Attitude In Israel Towards The Application Of The Right Of Return For Palestinian Refugees, Wafaa Abuzayda
Master's Theses
The Palestinian refugee crisis is considered one of the oldest, largest, and most complicated refugee issues in the world. Hundreds of thousands of Palestinians have been displaced as a result of the 1948 and 1967 wars between Israel and the Arab states. Before fleeing their homes, Palestinians were persecuted and intimidated by the Israeli army in 1947 and 1948, causing people to flee to different neighboring geographical areas such as the West Bank, Gaza Strip, Jordan, Lebanon and Syria. The UNRWA, a UN-associated entity, was established and began operations on May 1, 1950 to support relief efforts benefiting the estimated …
New Documents Shed Light: Why Did Peacekeepers Withdraw During Rwanda’S 1994 Genocide?, Emily A. Willard
New Documents Shed Light: Why Did Peacekeepers Withdraw During Rwanda’S 1994 Genocide?, Emily A. Willard
Genocide Studies and Prevention: An International Journal
Why did the international community decide to withdraw United Nations peacekeeping troops from Rwanda during the 1994 genocide? Analysis of newly released documents and results from an international conference with former U.N. and government officials sheds further light on our understanding of what took place leading up to and during the Rwandan genocide. This article focuses on two key moments: 1) the United States’ reluctance to support the peacekeeping mission from before its mandate began and prior to the killing of U.S. troops in Somalia in autumn 1993; and the United States’ central role pushing the United Nations Security Council …
North Korea’S Nuclear Program And Negotiation: How Nuclear Negotiation During The Clinton Years Produced Lessons For Current International Relations, Brian Hilliker
Senior Honors Theses
North Korea’s road of survival began in the aftermath of World War II, when the United States and the Soviet Union sparred over rival ideologies. Ultimately, Korea split into a free south and an authoritarian north. Over seventy years later, North Korea remains a bastion of communism. Nuclear weaponry is a factor behind North Korea’s survival, and the history of their program can offer insight for American policy makers today. This paper offers a history of North Korea’s nuclear weapons program during the Clinton presidency, along with recommendations for present day policy makers. Without an understanding of history decision-makers tend …
U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte
U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte
University of Miami Law Review
The United Nations (“U.N.”) has been looked at globally and historically as an international organization that has given aid to millions of people in the hopes of promoting peace and reducing human rights violations. It is no surprise then that many countries have welcomed U.N. troops with open arms in the hopes of stabilizing communities. However, instead of receiving aid, imagine receiving a deadly disease. Imagine having the nearby river that has been your only source of water for drinking, laundry, and bathing for decades turned into a waste dump. It is from that river turned waste dump that you—and …
The Mediterranean Refugee Crisis: Heritage, Tourism, And Migration, Marxiano Melotti
The Mediterranean Refugee Crisis: Heritage, Tourism, And Migration, Marxiano Melotti
New England Journal of Public Policy
The Mediterranean Sea has become a huge cemetery: many thousands of migrants have lost their lives trying to cross it in search of a better future. In 2015, more than a million migrants and refugees reached Europe through irregular means, but almost 4,000 went missing and probably drowned. In 2016, 364,000 arrived in Europe and more than 5,000 were lost en route. The arrivals in Italy by sea were 181,436 in 2016 and 119,369 in 2017. While UN organizations and EU governments seem unable or unwilling to face this epoch-making drama, the culture industry has begun to exploit it. Migrant …
Migration And Conflict, Padraig O’Malley
Migration And Conflict, Padraig O’Malley
New England Journal of Public Policy
The United Nations is ill-equipped to prevent, much less end, intrastate conflicts. Today’s conflicts and an explosive mix of other interrelated causes—including violence, famine, extreme poverty, climate-related disasters and political oppression—have led to a global migration and population-displacement crisis. This article examines the intersection of conflict and migration. It presents the data on migrants, refugees, and internally displaced persons (IDPs) and exposes the rise of extreme nationalist tendencies in the West—in particular, Europe, where several measures to stem the flow of refugees have been imposed. The article concludes with a warning about global poverty and marginalization—a prescription for violent conflict …
Bazaar Transnational Drafting: An Analysis Of The Gnu Public License Version 3 Revision Process, Christopher M. Dileo
Bazaar Transnational Drafting: An Analysis Of The Gnu Public License Version 3 Revision Process, Christopher M. Dileo
San Diego International Law Journal
This Article will step through the drafting process and compare bazaar and cathedral modes of drafting to determine if a bazaar mode can efficiently produce a legal instrument that crosses legal regimes. As the title suggests, the bazaar process analysis case will be the GNU General Public License version 3 (the GPLv3) Revision Process. A comparison of the advantages and disadvantages of the bazaar mode of drafting to the cathedral mode of drafting will hopefully demonstrate the overall value of a transnational bazaar process like the GPLv3 Revision Process.
Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington
Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington
San Diego International Law Journal
It is the author's contention that both parties to the policing arrangement-be they individuals, states, or organizations-give up portions of their sovereignty in the creation and maintenance of the police and policed relationship where the police are not serving the state which theoretically guards the policed. Part II of this Article provides a discussion of legal concepts of state sovereignty in international law. Part III examines the role of police in U.N. peacekeeping missions from the first peacekeeping mission entailing policing operations in the 1960s through present day operations. This examination reveals a pattern in the growth and development of …
"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich
Lisa A. Rich
In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system.
This paper examines the rise of the school-to-prison pipeline through …
Striking An International Balance Of Power: Does The United States Undermine The United Nations?, Alexia Dionne Seepersaud
Striking An International Balance Of Power: Does The United States Undermine The United Nations?, Alexia Dionne Seepersaud
Senior Theses
The purpose of this paper is to analyze the effects of the United States' unilateral actions on the credibility of the United Nations. There is a focus particularly on the United Nations' ability to maintain international peace and security through multilateral decision-making when states decide to take action outside of the organizations' authorization. In order to analyze this stand, the United States' actions in Iraq and Syria are studied. In both 2003 and 2017, the country took forceful action outside of the United Nations in response to threats to international peace and security. Analysis of states' responses to the United …
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
The Jus Ad Bellum's Regulatory Form, Monica Hakimi
The Jus Ad Bellum's Regulatory Form, Monica Hakimi
Articles
This article argues that a form of legal regulation is embodied in decisions at the UN Security Council that condone but do not formally authorize specific military operations. Such decisions sometimes inflect or go beyond what the jus ad bellum permits through its general standards—that is, under the prohibition of cross-border force and small handful of exceptions. Recognizing that this form of regulation is both part of the law and different in kind from regulation through the general standards should change how we think about the jus ad bellum.
Standards In Command Responsibility Prosecutions: How Strict, And Why?, Michael J. Sherman
Standards In Command Responsibility Prosecutions: How Strict, And Why?, Michael J. Sherman
Northern Illinois University Law Review
The attached article looks at the concept of command responsibility “ the idea that a commander may be held liable for crimes committed by his or her soldiers, even if the commander did not order these crimes to be committed, and may not have been aware of the criminal activity at all. It examines command responsibility prosecutions attached to a number of different conflicts: World War II, the Yugoslavian and Rwandan genocides, and the Sierra Leonean civil war. It also discusses proposed standards for command responsibility prosecutions set out by the African Union and the UN (both in the International …
The International Criminal Court, Ten Years Later: Appraisal And Prospects, Joseph M. Isanga
The International Criminal Court, Ten Years Later: Appraisal And Prospects, Joseph M. Isanga
Joseph Isanga
On March 14, 2012, ten years after the International Criminal Court (ICC) became operational, and with around $900 million spent, the ICC delivered its first judgment. It has issued only thirteen arrest warrants. Is the ICC too slow and too expensive? The Kampala Review Conference held in 2010, seven years after the Rome Statute of the International Criminal Court (Rome Statute) entered into force, could have probed a plethora of questions. Instead, it was a limited stocktaking exercise, leaving many issues unresolved. In 2012, the ICC marked ten years since the Rome Statute entered into force. Seizing upon this milestone, …
The Vatican View On Sport At The Service Of Humanity, Ed Edmonds
The Vatican View On Sport At The Service Of Humanity, Ed Edmonds
Notre Dame Journal of International & Comparative Law
Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and …
Implementing Shared-Use Of Mining Infrastructure To Achieve The Sustainable Development Goals, Perrine Toledano, Nicolas Maennling
Implementing Shared-Use Of Mining Infrastructure To Achieve The Sustainable Development Goals, Perrine Toledano, Nicolas Maennling
Columbia Center on Sustainable Investment Staff Publications
Many of the Sustainable Development Goals will only be achieved if the population has access to basic services, such as access to water, power, transport, and telecommunications. However, in many developing countries there is a lack of infrastructure to guarantee these services and there are insufficient public funds to finance growing needs. In resource-rich countries, the mining sector can play a key role in increasing access to infrastructure. Mining-related infrastructure is often developed to serve the exclusive need of the investors, but if it is shared and developed to serve the broader needs and uses of the host economy it …
Book Review, Anton Weiss-Wendt, The Soviet Union And The Gutting Of The Un Genocide Convention (2017), Mark A. Drumbl
Book Review, Anton Weiss-Wendt, The Soviet Union And The Gutting Of The Un Genocide Convention (2017), Mark A. Drumbl
Scholarly Articles
Weiss-Wendt’s book unpacks what happened to “genocide” as it journeyed along this path of codification. To be clear, codification was conditioned by compromise among states; and states were often motivated by Cold War selfishness, spite, manipulation, and machination. The Convention narrowed—and even mangled—the set of protected groups to national, ethnic, racial, and religious. The Convention, moreover, limited the recognized forms that genocide could take. The title of Weiss-Wendt’s book reflects its argument that the expansiveness of genocide as an idea was “gutted” in the process of codifying it in an international treaty.
The Organization Of Islamic Cooperation's (Oic) Response To Sexual Orientation And Gender Identity Rights: A Challenge To Equality And Nondiscrimination Under International Law, Robert C. Blitt
Scholarly Works
This article further explores the Organization of Islamic Cooperation’s (“OIC”) peculiar understanding of international nondiscrimination and equality norms by considering how it engages with sexual orientation and gender identity (“SOGI”) rights. After reviewing the OIC’s historical approach to human rights and its ambivalent acceptance of universality, the article focuses on the organization’s contemporary effort to promote the “protection of the family” within the international human rights arena. This campaign — driven by the OIC’s belief that “Islamic family values” are under legal and intellectual assault — champions only those families premised on marriage between a man and a woman. Consequently, …
The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Isaac Jenkins, Kristen E. Boon
The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Isaac Jenkins, Kristen E. Boon
Law Faculty Research Publications
No abstract provided.
International Human Rights Law: An Unexpected Threat To Peace, Ingrid Wuerth
International Human Rights Law: An Unexpected Threat To Peace, Ingrid Wuerth
Vanderbilt Law School Faculty Publications
It is a great honor to deliver this lecture in honor of the late Dean Robert F. Boden. I am grateful to all of you for attending. My topic tonight is international law and peace among nations. It may seem a poor fit for a lecture honoring Dean Boden. I did not know him, but I have read that Dean Boden was passionately dedicated to teaching law students about the actual day-to-day practice of law. He believed that law schools should be focused on that sort of professional training—not on policy questions or preparing students to be “architects of society,” …
Modularity In Cross-Border Insolvency, Andrew B. Dawson
Modularity In Cross-Border Insolvency, Andrew B. Dawson
Articles
No abstract provided.
International Lobbying Law, Melinda (M.J.) Durkee
International Lobbying Law, Melinda (M.J.) Durkee
Scholarship@WashULaw
An idiosyncratic array of international rules allows nonstate actors to gain special access to international officials and lawmakers. Historically, many of these groups were public-interest associations like Amnesty International. For this reason, the access rules have been celebrated as a way to democratize international organizations, enhancing their legitimacy and that of the rules they produce. But a focus on the classic public-law virtues of democracy and legitimacy produces a theory at odds with the facts: The international rules rules also offer access to industry and trade associations like the World Coal Association, whose principal purpose is to lobby for their …
“Long Past Time”: Cedaw Ratification In The United States, Rangita De Silva De Alwis, Amanda Martin
“Long Past Time”: Cedaw Ratification In The United States, Rangita De Silva De Alwis, Amanda Martin
University of Pennsylvania Journal of Law and Public Affairs
More than 70 years after Eleanor Roosevelt pioneered the drafting of the Universal Declaration of Human Rights, the US has not ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW or what is known as the global Bill of Rights for Women). The Trump administration is planning measures such as paid parental leave and child care legislation which are supported by the CEDAW. Despite the Trump administration's caution about human rights treaties, we argue that an enlightened self-interest on the part of the administration will draw it towards the CEDAW ratification despite the ratification being …
Leveraging Regional Human Rights Mechanisms Against Universal Human Rights: The Oic Independent Permanent Human Rights Commission Study On Sexual Orientation, Robert C. Blitt
Scholarly Works
This article critically assesses a recent study on sexual orientation and gender identity (SOGI) prepared by the Organization for Islamic Cooperation’s (OIC) Independent Permanent Human Rights Commission (IPHRC). The first two parts review the establishment of the IPHRC and the norms governing regional human rights mechanisms (RHRMs). Following this, the article demonstrates that the methodology and conclusions evidenced in the IPHRC’s SOGI study diametrically oppose substantive international human rights law, and furthermore undermine the intended purpose of RHRMs within the human rights system. The article concludes by recommending that human rights advocates and others clearly and publicly call out these …
North Korea And The Madonna Of Czestochowa, Michael Donald Kirby The Honourable
North Korea And The Madonna Of Czestochowa, Michael Donald Kirby The Honourable
The University of Notre Dame Australia Law Review
No abstract provided.
Standard Setting In Human Rights: Critique And Prognosis, Makau Mutua
Standard Setting In Human Rights: Critique And Prognosis, Makau Mutua
Makau Mutua
This article interrogates the processes and politics of standard setting in human rights. It traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. This article looks at how those norms are made, who makes them, and why. It focuses attention on the deficits of the international order, and how that order - which is defined by multiple asymmetries - determines the norms and the purposes they serve. It identifies areas for further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy …
Never Again: Questioning The Yugoslav And Rwanda Tribunals, Makau Mutua
Never Again: Questioning The Yugoslav And Rwanda Tribunals, Makau Mutua
Makau Mutua
Fifty years after Nuremberg, the international community has again decided to experiment with international war crimes tribunals. The stated purpose for the establishment of both the Yugoslav and Rwanda Tribunals by the United Nations are to “put an end” to serious crimes such as genocide and to “take effective measures to bring to justice the persons who are responsible for them.” This piece argues that both assumptions are unrealistic and that such tribunals will have little or no effect on human rights violations of such enormous barbarity. In addition, this piece questions the motivations behind the formulation of the tribunals …
African Human Rights Organizations: Questions Of Context And Legitimacy, Makau Mutua
African Human Rights Organizations: Questions Of Context And Legitimacy, Makau Mutua
Makau Mutua
Published as Chapter 13 in Human Rights, the Rule of Law, and Development in Africa, Paul Tiyambe Zeleza & Philip J. McConnaughay, eds. The human rights movement is largely the product of the horrors of World War II. The development of its normative content and structure is the direct result of the abominations committed by the Third Reich during that war. Drawing on the Western liberal tradition, the human rights movement arose primarily to control and contain state action against the individual. It is ironic that it was the victors of the war, most of whom held colonies in Africa, …
United Nations Against Slavery: Unravelling Concepts, Institutions And Obligations, Vladislava Stoyanova
United Nations Against Slavery: Unravelling Concepts, Institutions And Obligations, Vladislava Stoyanova
Michigan Journal of International Law
The article starts with a section containing a historical description (Part I). The turn to broader historical accounts is apposite since the engagement of international law with slavery, servitude, and forced labor predates the emergence of international human rights law. It is also important to clarify whether there is any continuity between these earlier engagements of international law and Article 8 of the ICCPR. When it comes to slavery, it is important to consider the practices to which this label was attached and how this still influences the contemporary understanding of the term. Notably, the terminological fragmentation between slavery and …