Human Rights Law Commons^™

David P. Forsythe On Non-State Actors And Human Rights. Edited By Philip Alston. Oxford, Uk: Oxford University Press, 2005. 350pp., David P. Forsythe

Human Rights & Human Welfare

No abstract provided.

From Hot Air To Action? Climate Change, Compliance, And The Future Of International Environmental Law, Meinhard Doelle

PhD Dissertations

This dissertation considers the evolution, current state, and future prognosis of the global climate change regime under the umbrella of the United Nations Framework Convention on Climate Change. The focus of the dissertation is on State compliance with the Kyoto Protocol. Compliance is considered from the perspective of the internal compliance regime developed under the Kyoto Protocol as well as a select set of potential external international law influences. The dissertation concludes with an assessment of the level of compliance to be expected and its potential influence on the future of the climate change regime. Implications for international environmental law …

Christina M. Cerna On Defining Civil And Political Rights: The Jurisprudence Of The United Nations Human Rights Committee By Alex Conte, Scott Davidson And Richard Burchill. Ashgate Publishing Company, 2004. 257pp., Christina M. Cerna

Human Rights & Human Welfare

No abstract provided.

Kathleen J. Hancock On Breaking Silence, The Case That Changed The Face Of Human Rights By Richard Alan White. Washington, Dc: Georgetown University Press, 2004. 320pp., Kathleen J. Hancock

Human Rights & Human Welfare

No abstract provided.

David E. Guinn On A Dictionary Of Human Rights (2nd Edition) By David Robertson. London, England: Europa Publications, 2004. 346pp., David E. Guinn

Human Rights & Human Welfare

A review of:

A Dictionary of Human Rights (2nd Edition) by David Robertson. London, England: Europa Publications, 2004. 346pp.

The Prohibition Of Widespread Rape As A Jus Cogens, Dean Adams

San Diego International Law Journal

This Comment explains why the prohibition of widespread rape should be recognized as a jus cogens through analyses of the failure of existing international legal instruments, advances within international law towards the universal prohibition of widespread rape, and policy reasons for classifying widespread rape as a jus cogens. In doing so, this comment will demonstrate the particular timeliness of this topic by reviewing the use of widespread rape in several countries through the 1990s, the widespread rape presently occurring in Kenya, and the emerging reports from Iraq of rape committed at the hands of the Saddam Hussein regime. Finally, this …

Magdalena A. Zolkos On Rethinking The Holocaust By Yehuda Bauer. New Haven: Yale University Press, 2001. 335pp., Magdalena A. Zolkos

Human Rights & Human Welfare

A review of:

Rethinking the Holocaust by Yehuda Bauer. New Haven: Yale University Press, 2001. 335pp.

Aaron Peron Ogletree On The Tiananmen Papers Compiled By Zhang Liang, Edited By Andrew Nathan And Perry Link. New York: Public Affairs, 2001. 513pp., Aaron Peron Ogletree

Human Rights & Human Welfare

A review of:

The Tiananmen Papers compiled by Zhang Liang, edited by Andrew Nathan and Perry Link. New York: Public Affairs, 2001. 513pp.

Aaron Peron Ogletree On Indigenous Peoples In International Law (Second Edition) By S. James Anaya. Oxford: Oxford University Press, 2004. 396pp., Aaron Peron Ogletree

Human Rights & Human Welfare

A review of:

Indigenous Peoples In International Law (Second Edition) by S. James Anaya. Oxford: Oxford University Press, 2004. 396pp.

International Humanitarianism In The Contemporary World: Forms And Issues, David P. Forsythe

Human Rights & Human Welfare

© 2004 David P. Forsythe. All rights reserved.

This paper was commissioned by the U.S. Social Science Research Council and the United Nations University, for a research project on multilateralism starting Fall 2004.

The paper may not be quoted or referred to in any reference without the written permission of the author. Suggested revisions are welcomed by the author via his email address. This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission …

Neotrusteeship In Afghanistan, Melanie Kawano

Human Rights & Human Welfare

Afghanistan is currently under the tentative rule of an international administration, or neotrusteeship, thereby restricting its national sovereignty. However, self-determination and nonintervention have never been persistent features of Afghanistan. Foreign interventions, invasions and great power showdowns on its territory have made a truly autonomous Afghan state a shortlived phenomenon. The outcome at each stage of Afghan history has been an unstable state that seems to invite even more external involvement.

Democratization In Afghanistan, Chris Rowe

Human Rights & Human Welfare

What determines whether a specific country embarks on the road to democracy, if it completes that voyage successfully, and finally consolidates democratic values, practices, and institutions? Analysts have debated these issues for decades and have identified a number of historical, structural, and cultural variables that help account for the establishment of successful democracies in some countries and its absence in others. Frequently cited prerequisites for democracy include social and economic modernization; a large and vibrant middle class; and cultural norms and values relating to politics.

Chechnya, Kelley Laird

Human Rights & Human Welfare

The root of animosity between Russians and Chechens extends for more than a century, beginning when Chechens opposed Russia’s conquest of the Caucasus between 1818 and 1917. Tension reached an apex in the 1940s when Stalin deported thousands of Chechens to Siberia and East Asia in fear that they would collaborate with German Nazis.

From Dyad To Triad: Reconceptualizing The Lawyer-Client Relationship For Litigation In Regional Human Rights Commissions, Melissa E. Crow

Michigan Journal of International Law

This Article analyzes the standing requirements for NGO petitions to the Inter-American and African Commissions and explores the ways which they may undermine the legitimacy and effectiveness of each of these for a, especially in the context of litigation on behalf of groups. The author evaluates various proposals for addressing these problems based on princeiples of class action and client-centered lawyering and concludes that they are inadequate.

Differing Conceptions Of Development And The Content Of International Development Law, Daniel D. Bradlow

Articles in Law Reviews & Other Academic Journals

International development law is the branch of international law that deals with the rights and duties of states and other actors in the development process. Its original content was premised on a particular generally accepted understanding of development. Under the pressure of the problems of development that arose during the 1970s and 1980s, this general agreement on the key issues in development disintegrated. As a consequence, the consensus on the content of international development law also began to break down.

Today, there are competing idealized views of development that shape the current debate about both development, and the content of …

Interim Measures In International Human Rights: Evolution And Harmonization, Jo M. Pasqualucci

Vanderbilt Journal of Transnational Law

In this Article, the Author undertakes a comprehensive study of interim measures ordered in human rights cases before six international enforcement bodies--the International Court of Justice, the European Court of Human Rights, the Inter-American Court of Human Rights, the United Nations Human Rights Committee, the United Nations Committee against Torture, and the Inter-American Commission on Human Rights. An order of interim measures may require that the State take positive action, such as providing protection for human rights activists or journalists, or it may call upon the State to refrain from taking action, such as not extraditing a person or delaying …

Patrick Hayden On International Human Rights, Decolonisation And Globalisation: Becoming Human By Shelley Wright. London: Routledge, 2001. 274 Pp., Patrick Hayden

Human Rights & Human Welfare

A review of:

International Human Rights, Decolonisation and Globalisation: Becoming Human by Shelley Wright. London: Routledge, 2001. 274 pp.

Margot Morgan On The Politics Of Justice And Human Rights: Southeast Asia And Universalist Theory By Anthony J. Langlois. Cambridge: Cambridge University Press, 2001. 214 Pp., Margot Morgan

Human Rights & Human Welfare

A review of:

The Politics of Justice and Human Rights: Southeast Asia and Universalist Theory by Anthony J. Langlois. Cambridge: Cambridge University Press, 2001. 214 pp.

“Don’T Just Do Something, Stand There!” Humanitarian Intervention And The Drowning Stranger, Sundhya Pahuja

Human Rights & Human Welfare

A review of:

Just Intervention edited by Anthony F. Lang Jr. Washington D.C.: Georgetown University Press, 2003. 231 pp.

and

Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law by Anne Orford. Cambridge: Cambridge University Press, 2003. 243pp.

Supranationalism And The Superpower Rubicon, Imtiaz Hussain

Human Rights & Human Welfare

A review of:

The Chapter VII Powers of the United Nations Security Council by Erika de Wet. Portland, OR: Hart Publishing, 2004. 413pp.

Review Of Human Rights: Between Idealism And Realism, Steven R. Ratner

Reviews

For centuries, moral philosophers have regarded ethics and justice in the international plane as part of their domain. The move from the personal to the societal or national to the global seems effortless. In recent years, philosophers in ethics have devoted considerable attention to the ethical significance of nationality and patriotism, asking whether an impartial morality permits better treatment of an individual’s co-nationals; while those in politics have revisited issues of international justice through, for instance, works on human rights and just war theory. These two bodies of work both address what constitutes a just world and what role the …

State-Building In Afghanistan, Melanie Kawano, Amy Mcguire

Human Rights & Human Welfare

Since the U.S. intervention in Afghanistan in late 2001, Afghan citizens and members of the global community have been grappling with the question of how to build a state that can fill the void created by decades of conflict and violence. However, the concept of “state-building” is complex. The term describes both an internal process and international assistance; it requires short-term action as well as a long-term vision. While no precise formula for state-building exists, there are historical precedents and “models” of state-building expressed by great powers and multilaterals. In reality, however, these are based on best guesses that fail …

Human Rights And The War On Terror: Introduction, Jack Donnelly

Human Rights & Human Welfare

War rarely is good for human rights. The decision of the United States to launch a “global war on terror” in response to the suicide airplane bombings in New York and Washington has had predictably negative human rights consequences. In combating a tiny network of violent political extremists, human rights have in various ways, both intentional and unintentional, been restricted, infringed, violated, ignored, and trampled in many countries, sometimes severely.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina

UIC Law Review

No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Is Unilateral Humanitarian Intervention Compatible With The U.N. Charter?, Petr Valek

Michigan Journal of International Law

The main topic of this Note is the compatibility of unilateral humanitarian intervention with Article 2(4) of the U.N. Charter (the Charter). Through its interpretation, the author will attempt to discover whether the Grotian idea of unilateral humanitarian intervention can survive in the environment of contemporary international law without its "just war appendix." This Note will separate this idea from its "just war justification" and approach the question of the compatibility of such intervention with the Charter as a legal positivist. In the interpretation of Article 2(4) of the Charter, this Note will try to avoid moral principles. Instead, it …

Child Soldiers: Legal And Military Challenges In Confronting A Global Phenomenon, Benjamin Perrin

All Faculty Publications

Book note re: Children at War by Peter W. Singer (New York: Pantheon, 2005). "Over the last decade, the existence of child soldiers has been brought to light through a barrage of graphic international news agency articles and human rights reports. Usually, these materials only identify sporadic and often sensationalized cases. What has been less forthcoming is a deeper understanding of what P.W. Singer calls the “child-soldier doctrine”: a calculated and pervasive strategy by armed groups to use children as combatants. Children at War is an admirable effort at making this daunting topic accessible to a wider public policy audience, …

Re-Membering Law In The Internationalizing World, Vivian Grosswald Curran

Articles

This article examines some of the challenges to understanding new, non-national legal configurations as contexts of origin color understandings and evaluations of legal standards allegedly shared across legal communities. It examines a case on assisted suicide, Pretty v. U.K., decided by the European Court of Human Rights. The case illustrates mechanisms of legal integration in the European court, followed by a process of dis-integration that occurred when the decision was reported to the French legal community. The French rendition reflected a legal community's inability to process common law information through civil law cognitive grids. The article addresses both the capacity …

The Law And Politics Of Contemporary Transitional Justice, Ruti Teitel

Articles & Chapters

Slobodan Milosevic, Saddam Hussein, Hissene Habre, Augusto Pinochet, Charles Taylor. There have never been more political leaders in the dock, or, under the shadow of its threat. Of what significance are these contemporary instances of transitional justice? This article uses the trials of Slobodan Milosevic and Saddam Hussein as an occasion for revisiting and extending my ongoing project of tracing a genealogy of transitional justice.

In prior work, I have defined "transitional justice" as that conception of justice associated with periods of political change. In an ongoing genealogy, I tie the legal developments in this area to distinct political phases …