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Disaster Law Commons

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Full-Text Articles in Disaster Law

Reconceptualizing States Of Emergency Under International Human Rights Law: Theory, Legal Doctrine, And Politics, Scott P. Sheeran Jan 2013

Reconceptualizing States Of Emergency Under International Human Rights Law: Theory, Legal Doctrine, And Politics, Scott P. Sheeran

Michigan Journal of International Law

States of emergency are today one of the most serious challenges to the implementation of international human rights law (IHRL). They have become common practice and are associated with severe human rights violations as evidenced by the Arab Spring. The international jurisprudence on states of emergency is inconsistent and divergent, and what now constitutes a public emergency is ubiquitous. This trend is underpinned by excessive judicial deference and abdication of the legal review of states' often dubious claims of a state of emergency. The legal regime, as positively expressed in international human rights treaties, does not adequately reflect the underlying …


A Global Panopticon - The Changing Role Of International Organizations In The Information Age, Jennifer Shkabatur Oct 2011

A Global Panopticon - The Changing Role Of International Organizations In The Information Age, Jennifer Shkabatur

Michigan Journal of International Law

The outbreaks of Severe Acute Respiratory Syndrome (SARS) in 2002-2003 and Swine Flu (H1N1) in 2009 captured a great deal of global attention. The swift spread of these diseases wreaked havoc, generated public hysteria, disrupted global trade and travel, and inflicted severe economic losses to countries, corporations, and individuals. Although affected states were required to report to the World Health Organization (WHO) events that may have constituted a public health emergency, many failed to do so. The WHO and the rest of the international community were therefore desperate for accurate, up-to-date information as to the nature of the pandemics, their …