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Full-Text Articles in Human Rights Law
Application Of International Humanitarian Law By United States Courts
Application Of International Humanitarian Law By United States Courts
Penn State International Law Review
No abstract provided.
Fighting For Human Rights: The Application Of Human Rights Treaties To United States' Military Operations, Patrick Walsh
Fighting For Human Rights: The Application Of Human Rights Treaties To United States' Military Operations, Patrick Walsh
Penn State International Law Review
No abstract provided.
On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle
On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle
Penn State International Law Review
No abstract provided.
Guilty As Charged: Malcolm X And His Vision Of Racial Justice For African Americans Through Utilization Of The United Nations International Human Rights Provisions And Institutions, Charles Lewis Nier Iii
Guilty As Charged: Malcolm X And His Vision Of Racial Justice For African Americans Through Utilization Of The United Nations International Human Rights Provisions And Institutions, Charles Lewis Nier Iii
Penn State International Law Review
No abstract provided.
Women On The European Commission And Court Of Human Rights: Would Equal Representation Provide More Effective Remedies?, Kathleen M. Mccauley
Women On The European Commission And Court Of Human Rights: Would Equal Representation Provide More Effective Remedies?, Kathleen M. Mccauley
Penn State International Law Review
No abstract provided.
Intercountry Adoption Today And The Implications Of The 1993 Hague Convention On Tomorrow, Susann M. Bisignaro
Intercountry Adoption Today And The Implications Of The 1993 Hague Convention On Tomorrow, Susann M. Bisignaro
Penn State International Law Review
No abstract provided.
An Unnecessary Sacrifice: Restrictions On The Right Of Freedom Of Movement In An Effort To Establish An Effective Global Aids Policy, Cindy P. Nelson
An Unnecessary Sacrifice: Restrictions On The Right Of Freedom Of Movement In An Effort To Establish An Effective Global Aids Policy, Cindy P. Nelson
Penn State International Law Review
No abstract provided.
Intervention In The Yugoslav Civil War: The United Nations' Right To Create An International Criminal Tribunal, Barbara M. Tocker
Intervention In The Yugoslav Civil War: The United Nations' Right To Create An International Criminal Tribunal, Barbara M. Tocker
Penn State International Law Review
No abstract provided.
The Doctrine Of Sovereign Immunity-A Jurisdictional Shield For Foreign Nations And Their Accountability For Human Rights Violations, Saudi Arabia V. Nelson, 113 S. Ct. 1471 (1993), Michelle Fastiggi
Penn State International Law Review
No abstract provided.
International Politics In The 1990s: Some Implications For Human Rights And The Refugee Crisis, Dr. Ranee K.L. Pankabi
International Politics In The 1990s: Some Implications For Human Rights And The Refugee Crisis, Dr. Ranee K.L. Pankabi
Penn State International Law Review
No abstract provided.
The Effect Of The Tiananmen Square Massacre Upon Negotiations For The Draft Basic Law Of The Hong Kong Special Administrative Region, Wendy Dullea Bowie
The Effect Of The Tiananmen Square Massacre Upon Negotiations For The Draft Basic Law Of The Hong Kong Special Administrative Region, Wendy Dullea Bowie
Penn State International Law Review
This Comment will examine the effect of the massacre and the Chinese government's subsequent actions upon the negotiation of certain provisions of Hong Kong's future laws. Section II will examine the massacre, China's subsequent denial of any massacre, and Hong Kong's reaction to those events. Section III will discuss Great Britain's acquisition of Hong Kong, and the China-Britain agreement regarding Hong Kong. Section IV will compare provisions for the protection of human and individual rights contained within the Constitution of the People's Republic of China (PRC Constitution), the China-Britain Joint Declaration, (Joint Declaration) and the Draft Basic Law (DBL) which …
Arrest First, Ask Questions Later: The Japanese Police Detention System, Christopher James Neumann
Arrest First, Ask Questions Later: The Japanese Police Detention System, Christopher James Neumann
Penn State International Law Review
The Japanese police detention system enables police and prosecutors to detain criminal suspects for up to twenty-three days without a formal charge, thus posing numerous human rights problems. This comment concentrates on the Covenant on Civil and Political Rights which provides a means for identifying the human rights abuses occurring under the Japanese police detention system, as well as a method for rectifying such abuses.
Saving Grace Or Saving Face: The Roman Catholic Church And Human Rights, John A. Onorato
Saving Grace Or Saving Face: The Roman Catholic Church And Human Rights, John A. Onorato
Penn State International Law Review
The first part of this Comment examines the structure and organization of the Roman Catholic Church, the means of papal diplomacy, and the Vatican's participation in international organizations. Special attention is focused on the Code of Canon Law, the Lateran Agreements, and other important documents. The second part of this Comment examines the role the Church plays as a protector of human rights. This focuses on the Church's actions and recent history in two nations, Chile and Poland, and examines the effects of papal visits to these countries and the publication of papal encyclicals dealing with human rights.
The Dust Of Life: The Legal And Political Ramifications Of The Continuing Vietnamese Amerasian Problem, Ernest C. Robear
The Dust Of Life: The Legal And Political Ramifications Of The Continuing Vietnamese Amerasian Problem, Ernest C. Robear
Penn State International Law Review
Vietnamese disparagingly refer to them as bui doi. Americans refer to them as persons "of particular humanitarian concern to the United States." In both cases the reference is to Amerasians, the children and young adults of mixed American/Asian parentage. For the purpose of this Comment, an Amerasian may be defined as one whose mother is Asian and whose father is American. Since the last United States forces pulled out of Vietnam on April 30, 1975, these Amerasians have been caught up in a bureaucratic tug-of-war between Washington and Hanoi. Despite positive legislation, the problems faced by Vietnamese Amerasians still …
The Principle Of Religious Liberty And The Practice Of States: Seek And Ye Shall Find A Violation Of Human Rights Obligations, Scott A. Burr
The Principle Of Religious Liberty And The Practice Of States: Seek And Ye Shall Find A Violation Of Human Rights Obligations, Scott A. Burr
Penn State International Law Review
Is religious freedom a fundamental human right? This comment examines the theological and legal basis for this theory, and through a study and comparison of the laws of four nations, the United States, the United Kingdom, the Republic of India, and the Union of Soviet Socialist Republics, determines the current status of this right. The author submits proposals for bridging the gaps between states' lip service to international law and actual compliance.
Indefinite Detention Of Cuban Aliens: Is The End In Sight?, Francis G. Troyan
Indefinite Detention Of Cuban Aliens: Is The End In Sight?, Francis G. Troyan
Penn State International Law Review
In spite of the fact that international law dictates that a sovereign should be able to protect its borders, international law also dictates that every human being has the right to be free from unnecessary detention. For nearly eight years the United States has indefinitely detained Cuban aliens who arrived in the Mariel boatlift of 1980. This comment examines this policy and offers alternatives to improve the plight of the Cubans without sacrificing the safety of Americans in general.
An Analysis Of The 1984 Draft Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Pubishment, Ahcene Boulesbaa
An Analysis Of The 1984 Draft Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Pubishment, Ahcene Boulesbaa
Penn State International Law Review
This article will review specific provisions of the Draft Convention Against Torture. Those sections that resolve the conflicting interests at the heart of the non-interference and declaration of competence principles will be highlighted. Those provisions in which the drafters were unable to reach an effective compromise will also be analyzed. The article will focus in one section upon the current Watson/D'Amato debate regarding the existence or non-existence of world-wide enforcement power. Finally, the article will propose further methods through which nations can enforce and promote human rights throughout the world.
Feast Or Famine: Do Ethiopians Have A Choice?, Janice J. Bole
Feast Or Famine: Do Ethiopians Have A Choice?, Janice J. Bole
Penn State International Law Review
This Comment will discuss whether an international human right to food can exist and, if so, whether Ethiopians have a right to be fed by their government given the circumstances of the current famine. An overview of Ethiopia's political and social environment will be followed by an examination of international human rights law as it is reflected in treaties, international agreements, and the customs and practices of states.
After Tel-Oren: Should Federal Courts Infer A Cause Of Action Under The Alien Tort Claims Act, Gregory A. Gross
After Tel-Oren: Should Federal Courts Infer A Cause Of Action Under The Alien Tort Claims Act, Gregory A. Gross
Penn State International Law Review
This Comment, consisting of three main parts, examines the cause of action issue that arose in Tel-Oren v. Libyan Arab Republic and places it in the context of the Alien Tort Claims Act's (ACTA) prior history. The first part focuses on the three instances in which a federal court has used the statute to exercise jurisdiction in an alien tort action. The second part examines the Tel-Oren case, centering on two of the three concurrences forming the District of Columbia Court of Appeals' decision. The third part suggests that proving a distinct cause of action embodied in the law of …
Defining Filartiga: Characterizing International Torture Claims In United States Courts, John Paul George
Defining Filartiga: Characterizing International Torture Claims In United States Courts, John Paul George
Penn State International Law Review
Filartiga v. Pena-Irala is the paradigm for studying private torture claims against foreign officials in the United States. As the paradigm, the Filartiga action must be succinctly defined. This will assist inquiries into its judicial jurisdiction and choice of law, and it will make Filartiga-type cases more understandable and therefore more acceptable to critics. This discussion is limited to the assertion of personal jurisdiction over a foreign official for a private torture claim brought in the United States. Although this analysis is focused narrowly on Filartiga, it is designed to enhance understanding of future torture claims as well.