Open Access. Powered by Scholars. Published by Universities.®

Human Rights Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

International Law

Selected Works

2016

International law

Articles 1 - 3 of 3

Full-Text Articles in Human Rights Law

Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah Feb 2016

Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah

Tawia B. Ansah

International human rights law's claim to universality, at the level of normative formation, has been shaped by conceptions of the self over time. The metaphysical reconfigurations of the self, from the Enlightenment to the present, have marked the human rights narrative in particular ways. This essay will suggest that since World War II, a conception of the self within a narrative of rights has been replaced, or at least countermanded, by a conception of sacral evil, with profound implications for the normative claim to universality of the human rights discourse. The essay begins with a synoptic analysis of the rise …

Go to article

Targeted Sanctions: Resolving The International Due Process Dilemma, Jack Garvey Dec 2015

Targeted Sanctions: Resolving The International Due Process Dilemma, Jack Garvey

Jack I Garvey

This article proposes a solution to the crisis of due process that has been generated by the UN Security Council targeting sanctions against listed individuals, commercial entities and other organizations. It addresses the strategic paradox that UN listing, ostensibly designed to enhance global security, is increasingly undermining the legitimacy and efficacy of targeted sanctions. The article proposes, for constructive resolution of the due process dilemma of UN listing, that the blacklisting mandated by sanctions resolutions of the United Nations Security Council be undertaken exclusively through the processes of national and regional law. The article explains how this can avoid the …

Go to article

The Progression And Evolution Of International Law Scholarship Over The Past 50 Years: Some Quantitative Observations, Donald J. Kochan Dec 2015

The Progression And Evolution Of International Law Scholarship Over The Past 50 Years: Some Quantitative Observations, Donald J. Kochan

Donald J. Kochan

Debates have intensified in recent years about the utility of legal scholarship generally, and international law scholarship has not been immune from some specific, targeted scrutiny. Yet few fields of legal scholarship have a history like international law scholarship, where the courts and other authorities have identified scholars of international law as holding a special place of privilege and stature in the interpretation of international law. This essay examines the unique role of international law scholarship in the interpretation of international law by courts and other authorities. Furthermore, through various data compilations and the depictions of trends in more than …

Go to article