Human Rights Law Commons^™

Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay

Sustainable Development Law & Policy

No abstract provided.

Free, Prior And Informed Consent And The World Bank Group, Robert Goodland

Sustainable Development Law & Policy

No abstract provided.

The Past Is Another Country: Against The Retroactive Applicability Of The Foreign Immunities Act To Pre-1952 Conduct, 37 J. Marshall L. Rev. 1337 (2004), Andrzej R. Niekrasz

UIC Law Review

No abstract provided.

United Nations Norms On The Responsibilities Of Transnational Corporations And Other Business Enterprises With With Regard To Human Rights: The International Community Asserts Binding Law On The Global Rule Makers, 37 J. Marshall L. Rev. 1205 (2004), Julie Campagna

UIC Law Review

No abstract provided.

When Her Feet Touch The Ground: Conflict Between The Roma Familistic Custom Of Arranged Juvenile Marriage And Enforcement Of International Human Rights Treaties, Jeff Timmerman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Outsourcing Refugee Protection Responsibilities: The Second Life Of An Unconscionable Idea, Ronald C. Smith

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Cosmopolitan Law—And Cruelty— On Trial, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Law against Genocide: Cosmopolitan Trials by David Hirsh. London: Cavendish/Glasshouse, 2003. 183pp.

Internationally Protected Human Rights: Fact Or Fiction?, Paul J. Magnarella

Human Rights & Human Welfare

A review of:

Theory and Reality in the International Protection of Human Rights by J. Shand Watson. Ardsley, New York: Transnational Publishers, 1999. 340pp.

and

The Mobilization of Shame: A World View of Human Rights by Robert F. Drinan, S.J. New Haven: Yale University Press, 2001. 256pp.

Access To Health, Natalie Huls

Human Rights & Human Welfare

Access to health is an often-overlooked aspect of the right to health. Without practical access, the right to health becomes an empty promise. International human rights conventions and declarations do not directly mention access to health, but the above comment on the International Covenant on Economic, Social, and Cultural Rights does address the issue.

Children’S Health And Human Rights, Norie Nogami

Human Rights & Human Welfare

One of the first international attempts to improve the health of children was by Ms.Eglantyne Jebb, a founder of Save the Children, during the aftermath of the WWI. She drafted the Geneva Declaration of the Rights of the Child, the first international children’s rights document adopted by the League of Nations in 1924. Today, in the Convention on the Rights of the Child (1989) we have a more comprehensive and near universal legal instrument for children’s rights.

Human Rights, Health, And Corporations, Gerald Montgomery

Human Rights & Human Welfare

Unfettered economic policies have had a notable effect on the state of human rights. With the increasing spread of transnational corporations (TNCs), non-governmental organizations (NGOs) play a major role in setting ethical and moral standards for with the quality of life in the developing states where TNCs do business. Many TNCs are trying frantically to implement strategies that would alleviate labor injustices and corrupt practices in order to meet the standards argued for by NGOs.

Nutrition, Health And Human Rights, Monica Fish

Human Rights & Human Welfare

The last half-century has seen the development of a range of international instruments whose chief concern is the declaration and codification of basic human rights norms as agreed upon by the international community. Collectively these documents provide a normative and legal foundation for the human right to adequate food and nutrition, and freedom from malnutrition. A brief sampling of relevant language from these documents follows:

Health Care And Professionals, Monica Fish

Human Rights & Human Welfare

One of the unfortunate truths of the current human rights regime is that it has given rise to an entirely new aid industry. Fortunate as it is that there are willing individuals eager to share their knowledge and expertise with those in need, the group of professional men and women making up the army of humanitarian workers is, perhaps, overextended and under appreciated. One way of helping the next generation of humanitarians to train and prepare for working within a context of human rights is to provide them with the sound analytical research based on research of current human rights …

Health Of Refugees And Internally Displaced Peoples, Leah Persky, Zaravshon Zukhurova

Human Rights & Human Welfare

Refugees and Internally Displaced People’s (IDPs) are extremely vulnerable to human rights abuses, particularly the lack or denial of physical and mental health care. The basic framework of refugee protection has been established and accepted worldwide for more than 50 years. Still, there is still a lack of commitment to respecting the human rights of refugees and providing adequate humanitarian assistance, including health care. Several international conventions and protocols establish the duties of states in terms of treatment of refugees. These include: the Convention Relating to the Status of Stateless Persons, the Geneva Conventions, the Statute of the Office of …

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

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

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 …

Need For A Ceasefire In The War On The Workers: Restoring The Balance And Hope Of The National Labor Relations Act, 37 J. Marshall L. Rev. 925 (2004), Mary Ann Leuthner

UIC Law Review

No abstract provided.

Rainforest Chernobyl: Litigating Indigenous Rights And The Environment In Latin America, Steven R. Donziger

Human Rights Brief

No abstract provided.

How Not To Wage A Counter-Insurgency: Nepal, The Maoists, And Human Rights, John Norris

Human Rights Brief

No abstract provided.

Searching For Justice: Colombia's Human Rights Defenders Under Attack, Kelleen M. Corrigan

Human Rights Brief

No abstract provided.

Women's Inheritance Rights In Africa: The Need To Intergrate Cultural Understanding And Legal Reform, Abby Morrow Richardson

Human Rights Brief

No abstract provided.

Corporate War Criminals And The International Criminal Court: Blood And Profits In The Democratic Republic Of Congo, Julia Graff

Human Rights Brief

No abstract provided.

International Legal Updates, Sara Ibrahim, Patricia Staible, Meghan Stewart

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Tejal Jesrani

Human Rights Brief

No abstract provided.

A Decade Of The Development Of Gender Crimes In International Courts And Tribunals: 1993 To 2003, Kelly D. Askin

Human Rights Brief

No abstract provided.

International Trade And Workers’ Rights: Practical Tools For Reading Labor Rights Provisions Of Free Trade Agreements, Benjamin Holt, Michael Waller

Human Rights Brief

No abstract provided.

Police Powers In Pakistan: The Need For Balance Between Operational Independence And Accountability, Ahmad N. Warraich

Human Rights Brief

No abstract provided.

The Implementation Of Constitutional Human Rights In Afghanistan, Mir Hermatullah Sadat

Human Rights Brief

No abstract provided.

Curbing Reliance On Abortion In Russia, Meghan Stewart

Human Rights Brief

No abstract provided.