Human Rights Law Commons^™

The Diplomatic Disputes Between The Holy See And The Irish State 2009-2012: A Legal Analysis, Darren O'Donovan

Darren O'Donovan

The diplomatic dispute that erupted between Ireland and the Holy See concerning the reports of Commissions of Investigation into child abuse in the dioceses of Cloyne1 and Dublin2 provoked critical reflection on a traditionally privileged bilateral relationship. It should also be viewed as having made a highly significant contribution to broader debates concerning the Holy See’s status under international law. The Holy See’s uniquely opaque and sui generis status contributed to the unprecedented tension between it and the Irish State during the diplomatic controversies.

Notes From A New Underground: The Intersection Of Russian Orthodoxy, Religious Liberty, Lgbt Rights, And State Authority, John Ehrett

John Ehrett

Current laws in the Russian Federation impose sanctions against both speech deemed offensive to Russia’s traditional religious groups and speech considered “propaganda” of the lesbian, gay, bisexual, and transgender (LGBT) community. This Article offers a contemporary examination of the historical, cultural and political forces underlying these ongoing trends, and offers an interdisciplinary consideration of issues surrounding the intersection of liberty of religious expression with liberty of LGBT expression in Vladimir Putin’s Russia. This is historically contextualized through consideration of the political integration of church and state as a contributing factor toward limitations on these political freedoms. Ultimately, a vision of …

Suspicious Rights: Pealing Back The Principle Of Separation, Jihan A. Kahssay

Jihan A Kahssay

No abstract provided.

Social Assistance For Immigrants And Refugees In Denmark: A Judgment And A Prophecy, Ida Elisabeth Koch

Ida Elisabeth Koch

No abstract provided.

The European Convention On Human Rights And The Protection Of Socio-Economic Demands, Ida Elisabeth Koch

Ida Elisabeth Koch

No abstract provided.

Does Undrip Matter?: Indian Law In The United States And The International Right To Self-Determination, Kevin Crow

Kevin Crow

U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales

Dominique Lochridge-Gonzales

U.S.-Latin American Free Trade Agreements and Access to Medicine analyzes the effects of FTA provisions on access to medicine. Access to medicine lies at the heart of the crossroads between the international human right to health and international intellectual property law delineated in TRIPS. True availability of essential medicines to millions of people depends on a balance between the formations of these medicines in the first place (through rewarding innovation) and promulgating rules that allow for practicable access to those medicines. FTAs provide a method for implementing the right to health by fostering practicable access to essential medicines in the …

Commentary On Cedaw Article 6, Janie Chuang

Janie A Chuang

No abstract provided.

On Diplomatic Assurances, Memoranda Of Understanding, And Refugee Rights, Mariagiulia Giuffré

Mariagiulia Giuffré

No abstract provided.

Author Meets Critics Session On Aftermath: Deportation Law And The New American Diaspora, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Panelist, The Current Immigration Debate, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

The Future Of Universal Jurisdiction In The New Architecture Of Transnational Justice, Diane Orentlicher

Diane Orentlicher

In this essay the author addresses several issues raised by emerging trends in the use of universal jurisdiction. She argues that recent developments raise concerns about how jurisdictional authority should be allocated among states as well as between officials of states and officers of international tribunals. Growing recourse to universal jurisdiction raises questions about whose claim should receive priority when more than one court seeks to prosecute an individual for the same crime. The question has been further complicated by the emergence of a new breed of court, such as the Special Court for Sierra Leone, which is shaped by …

Keynote Address, Houston Journal Of International Law Fall Lecture Series, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Bilateral Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré

Mariagiulia Giuffré

Against the backdrop of the bilateral cooperation on migration control between EU Member States and third countries, this paper examines whether the implementation of readmission agreements (key tools in this context) hampers access to international protection for asylum seekers subjected to a return procedure. Given that competence in the ‘Area of Freedom, Security, and Justice’ remains shared, the EU and Member States continue to pursue their readmission procedures in parallel. This paper focuses on the bilateral arrangements of individual Member States with third countries, which constitute the bulk of the instruments in this field. It concludes that no issue of …

Mänskliga Rättigheter Ur Ett Folkrättsligt Perspektiv, Anna Nilsson

Anna Nilsson

No abstract provided.

Deportation Nation: Outsiders In American History, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Aftermath: Deportation Law And The New American Diaspora, Daniel Kanstroom

Daniel Kanstroom

Since the passage of harsh new deportation laws in 1996, the United States has deported millions of noncitizens--many undocumented, but many others long-term legal residents with U.S. families--back to their countries of origin. The early Obama administration continued such aggressive deportation policies. But few know that once deportees have been expelled to places like Guatemala, Cambodia, Haiti, and El Salvador, many face severe isolation, alienation, persecution and, sometimes, death. Many may never be able to return. Daniel Kanstroom--author of the authoritative history of deportation, Deportation Nation--turns his attention in Aftermath to the current U.S. system and deportation's actual effects on …

Deportations And Repatriations, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Presentations On Aftermath: Deportation Law And The New American Diaspora, Daniel Kanstroom

Daniel Kanstroom

Daniel Kanstroom has delivered several public lectures and presentations to a wide variety of audiences in support of his book, Aftermath: Deportation Law and the New American Diaspora, including presentations at UC Irvine Law, University of Amsterdam, the Harvard Book Store, New York Law School, and UC Berkeley Law School.

‘Needle And Stick’ Save The World: Sustainable Development And The Universal Child, Johan Dahlbeck, Moa De Lucia Dahlbeck

Moa Dahlbeck

This text deals with a problem concerning processes of the productive power of knowledge. We draw on so called poststructural theories challenging the classical image of thought – as hinged upon a representational logic identifying entities in a rigid sense – when formulating a problem concerning the gap between knowledge and the object of knowledge. More specifically we are looking at this problem in the contexts of sustainable development and childhood using illustrating examples in order to test the validity of these theoretical accounts. The examples we use range from internationally agreed documents claiming universality concerning environmental protection and childhood …

Collaborative Governance And International Economic Relations

kjackson@fordham.edu

No abstract provided.

The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo

Markus Gunneflo

The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921, ‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities of ‘legal violence’ – lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that the Court exercises jurisdiction over these …

Panelist, Deportation And Human Rights, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Hiv And Women: Incongruent Policies, Criminal Consequences, Aziza Ahmed

Aziza Ahmed

The new agency UN WOMEN must play an active role in the standardization of laws and policies at the global and national level where their incongruence has negative and often criminal consequences for the health and lives of women and girls. This article focuses in on three such examples: opt-out testing for HIV, criminalization of vertical transmission, and the new World Health Organization guidelines on breastfeeding.

Remissvar: Till Betänkandet Sou 2010:72 Folkrätt I Väpnad Konflikt - Svensk Tolkning Och Tillämpning, Ulf Linderfalk, Gregor Noll, Matilda Arvidsson, Britta Sjöstedt

Britta Sjöstedt

No abstract provided.

Feminism, Power, And Sex Work In The Context Of Hiv/Aids: Consequences For Women's Health, Aziza Ahmed

Aziza Ahmed

No abstract provided.

Padilla V. Kentucky And The Evolving Right To Deportation Counsel: Watershed Or Work-In-Progress?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Panelist, After Deportation: Legal Question, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Remote Access To Immigration Cases: Should The Rules Be Changed?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Peticiones De Asilo Basadas En Cuestiones De Sexualidad: Algunas Respuestas Y Muchas Preguntas, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.