Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Treaties (3)
- Crimes (2)
- Responsibility (2)
- Tribunals (2)
- Armed conflicts (1)
-
- Congress (1)
- Cultural heritage (1)
- Cultural property law (1)
- Culture (1)
- Diversity (1)
- Elements of crimes (1)
- Federalism (1)
- Gender and law (1)
- Implementing legislation (1)
- International Covenant on Civil and Political Rights (1)
- International Criminal Court (1)
- International Criminal Tribunal for the Former Yugoslavia (1)
- International norms (1)
- Missouri v. Holland (1)
- Non-state actors (1)
- Participation (1)
- Protection (1)
- Race and law (1)
- Rehnquist Court (1)
- Rome Statute (1)
- Sex crimes (1)
- Sexual slavery (1)
- Sierra Leone (1)
- Slaver (1)
- Sovereignty (1)
Articles 1 - 4 of 4
Full-Text Articles in Human Rights Law
Of Federalism, Human Rights, And The Holland Caveat: Congressional Power To Iplement Treaties, Ana Maria Merico-Stephens
Of Federalism, Human Rights, And The Holland Caveat: Congressional Power To Iplement Treaties, Ana Maria Merico-Stephens
Michigan Journal of International Law
This Article explores whether the Rehnquist Court's federalism doctrine, as elaborated during this last decade, should or ought to extend to the domestication of discrete provisions of ratified human rights treaties. It explores this question by examining the International Covenant on Civil and Political Rights (Covenant) and by considering the civil remedy provision of Violence Against Women Act (VAWA) as potential implementing legislation for the equality provisions of the Covenant. In the context of this inquiry, the discussion engages federalism, as developed by the current Court, on its own terms. That is, I do not seek here to defend it …
Beyond State Sovereignty: The Protection Of Cultural Heritage As A Shared Interest Of Humanity, Francesco Francioni
Beyond State Sovereignty: The Protection Of Cultural Heritage As A Shared Interest Of Humanity, Francesco Francioni
Michigan Journal of International Law
In this paper the author will try to explore the topic from a different perspective: i.e. the emergence of cultural heritage as part of the shared interest of humanity, with the consequent need for international law to safeguard it in its material and living manifestations, including the cultural communities that create, perform and maintain it. Culture in itself is not extraneous to the formation of the modern nation State. Especially in the history of nineteenth century Europe, culture as language, religion, literary and artistic traditions provided the cement and the legitimizing element to support the claim to independent statehood.
The Reality Of Private Rights, Duties, And Participation In The International Legal Process, Jordan J. Praust
The Reality Of Private Rights, Duties, And Participation In The International Legal Process, Jordan J. Praust
Michigan Journal of International Law
In a realistic and descriptive sense, international law is a complex and dynamic legal process profoundly interconnected with regional and domestic legal processes throughout the globe. There are no single sources or evidences of international law; no single set of participants; and no single arenas or institutional arrangements for the creation, invocation, application, change or termination of such law. Like all human law, it is full of human choice and rich in individual and group participation and inter-affectation. Awareness of this reality can have significant consequences with respect to identification of international legal norms, realistic meaning or content, remedies, and …
Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld
Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld
Michigan Journal of International Law
This Article explores the advancement of the international crime of sexual slavery, from its initial inclusion in the Rome Statute of the International Criminal Court through further development in the delineation of the ICC's Elements of Crime document. This Article begins with a detailed exploration of the negotiation process that led to the inclusion of the crime of sexual slavery in the Rome Statute. The first Section describes the decision to include both sexual slavery and enforced prostitution as crimes, as well as the debate on listing sexual slavery as a crime separate from that of enslavement. Next, the Section …