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Articles 1 - 30 of 114
Full-Text Articles in Comparative and Foreign Law
Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson
Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson
Cultural Encounters, Conflicts, and Resolutions
Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.
This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …
Targeting And The Concept Of Intent, Jens David Ohlin
Targeting And The Concept Of Intent, Jens David Ohlin
Jens David Ohlin
International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems, often civil law jurisdictions, prosecutors, judges and even scholars have progressively …
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Pace Law Review
This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …
Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee
Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
The Constitution is the supreme law of Singapore, but have the courts unnecessarily limited their role of upholding the Constitution? This article is based on a speech delivered at an event at the Conrad Centennial Singapore on 4 December 2014 entitled The Role of the Judiciary in the Promotion and Protection of Human Rights organized by the Delegation of the European Union to Singapore to commemorate Human Rights Day.
European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa
European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa
Georgia Journal of International & Comparative Law
No abstract provided.
United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn
United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn
Georgia Journal of International & Comparative Law
No abstract provided.
Justice Or Peace? A Proposal For Resolving The Dilemma, Kenneth Williams
Justice Or Peace? A Proposal For Resolving The Dilemma, Kenneth Williams
Pace International Law Review
This article will address the question of how the international community should respond when the pursuit of justice and the attainment of peace are incompatible. It begins with an overview of the international human rights movement prior to World War II, a period when there was almost no effort to hold human rights violators accountable. The article then discusses how Nuremberg transformed international human rights law and created the framework for holding individuals accountable for committing egregious human rights violations. In the next section there is a discussion of how, despite Nuremberg, there was an era of impunity as a …
Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont
Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont
Pace International Law Review
The main objective of this article is to create overall awareness and to give people a real sense of the events that go on every day inside prison walls. The article is meant to show people that the way they think about prison and prison rape specifically is severely jaded. What happens behind prison bars should certainly not stay behind prison bars. The stories within this article are unlike any prison rape stories people have heard before. They are harsh, inhumane, and deeply disturbing. The only way to incite change is to open people’s eyes to the true conditions within …
Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet
Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet
Seattle University Law Review
The circumpolar Arctic region is at the forefront of rapid change, and with change come potential threats to human security. Numerous factors determine what makes a state, a community, or an individual feel secure. For example, extractive industry development can bring economic benefits to an area, but these development projects also bring security concerns, including potential human rights violations. While security concerns connected with development projects have been studied in southern hemisphere countries and countries classified as “developing,” concerns connected with extractive industry development projects in “developed” countries like the United States have received little attention. This Article will change …
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack
Georgia Journal of International & Comparative Law
No abstract provided.
Preventing Interethnic Conflict And Promoting Human Rights Through More Effective Legal, Political, And Aid Structures: Focus On Africa, Paul J. Magnarella
Preventing Interethnic Conflict And Promoting Human Rights Through More Effective Legal, Political, And Aid Structures: Focus On Africa, Paul J. Magnarella
Georgia Journal of International & Comparative Law
No abstract provided.
Not A Drop To Spare: The Global Water Crisis Of The Twenty-First Century, Ranee Khooshie Lal Panjabi
Not A Drop To Spare: The Global Water Crisis Of The Twenty-First Century, Ranee Khooshie Lal Panjabi
Georgia Journal of International & Comparative Law
No abstract provided.
Police, State Security Forces And Constitutionalism Of Human Rights In Zambia, Charles Mwalimu
Police, State Security Forces And Constitutionalism Of Human Rights In Zambia, Charles Mwalimu
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights - Haitian Refugees - Haitian Refugees Housed At Guantanamo Bay Naval Base Held To Have No Valid Constitutional Or International Law Claims To Challenge Forced Repatriation By The U.S. Government. Haitian Refugee Center V. Baker, 953 F.2d 1498 (11th Cir. 1992), Cert. Denied, 112 S.Ct. 1245 (1992)., Jason A. Golden
Georgia Journal of International & Comparative Law
No abstract provided.
Hammering Down Nails, Scott M. Lenhart
Hammering Down Nails, Scott M. Lenhart
Georgia Journal of International & Comparative Law
No abstract provided.
The U'Wa Struggle To Protect Their Cultural Lands: A Framework For Reviewing Questions Of Sovereignty And The Right To Environmental Integrity For Indigenous Peoples, Jenny R. Culler
Georgia Journal of International & Comparative Law
No abstract provided.
The Sex Tourism Industry Spreads To Costa Rica And Honduras: Are These Countries Doing Enough To Protect Their Children From Sexual Exploitation?, Nancy Beyer
Georgia Journal of International & Comparative Law
No abstract provided.
Customary Indigenous Law In The Mexican Judicial System, Jeffrey N. Gesell
Customary Indigenous Law In The Mexican Judicial System, Jeffrey N. Gesell
Georgia Journal of International & Comparative Law
No abstract provided.
Does The European Convention On Human Rights Protect Refugees From "Safe" Countries?, Kathleen M. Whitney
Does The European Convention On Human Rights Protect Refugees From "Safe" Countries?, Kathleen M. Whitney
Georgia Journal of International & Comparative Law
No abstract provided.
Refusal To Extradite: An Examination Of Canada's Indictment Of The American Legal System, Jami Leeson
Refusal To Extradite: An Examination Of Canada's Indictment Of The American Legal System, Jami Leeson
Georgia Journal of International & Comparative Law
No abstract provided.
Reflections On Regional Human Rights Law, Gabriel M. Wilner
Reflections On Regional Human Rights Law, Gabriel M. Wilner
Georgia Journal of International & Comparative Law
No abstract provided.
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
Georgia Journal of International & Comparative Law
No abstract provided.
Punishment For Unjust War: First International Court Decision Awarding Damages For Aggression, Allen E. Shoenberger
Punishment For Unjust War: First International Court Decision Awarding Damages For Aggression, Allen E. Shoenberger
Allen E Shoenberger
The Decisions of the European Court of Human Rights Cyprus v. Turkey, both the merits decision in 2001 and the just satisfaction decision in 2014 establish important precedents in international law and stand as a caution to potential aggressor states.
Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross
Georgia Journal of International & Comparative Law
No abstract provided.
Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace
Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace
Georgia Journal of International & Comparative Law
No abstract provided.
Is There A Right To Die?: A Comparative Study Of Three Societies (Australia, Netherlands, United States), Lara L. Manzione
Is There A Right To Die?: A Comparative Study Of Three Societies (Australia, Netherlands, United States), Lara L. Manzione
Georgia Journal of International & Comparative Law
No abstract provided.
Hitler's Ghosts: The Interplay Between International Organizations And Their Member States In Response To The Rise Of Neo-Nazism In Society And Government, Marjorie L. Morton
Hitler's Ghosts: The Interplay Between International Organizations And Their Member States In Response To The Rise Of Neo-Nazism In Society And Government, Marjorie L. Morton
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights Abuses In Yugoslavia: To Bring An End To Political Oppression, The International Community Should Assist In Establishing An Independent Kosovo, Ted Baggett
Georgia Journal of International & Comparative Law
No abstract provided.
In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding
In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding
Georgia Journal of International & Comparative Law
No abstract provided.
Adjudication Of International Human Rights Claims In The European Court Of Human Rights And The Inter-American Court Of Human Rights: Why Atca Suits In U.S. Courts Are The Better Alternative For Claims Against American Multinational Corporations, Jenny N. Bounngaseng
Georgia Journal of International & Comparative Law
No abstract provided.