Human Rights Law Commons^™

Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn

Scholarly Works

This paper focuses on the problems of those who do not qualify for a regular admission as refugees, but are detained at the entrance point, or are detained in the United States after being released on temporary parole or pending repatriation. The thesis I shall try to defend is that these persons must be treated according to basic rules of humanitarian law; that they are entitled to be treated as human beings, regardless of any particular legislation or administrative regulations depriving them of basic legal protection granted to citizens and regular residents of the country.

Balancing The Privacy Interests Of Repatriated Haitians Against The Public Interest In Asylum Procedures, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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.

Prospects For United States Ratification Of The Convention On The Rights Of The Child, Lawrence L. Stentzel Ii

Washington and Lee Law Review

No abstract provided.

Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss

Michigan Journal of International Law

This Note will explore the merits behind these positions and attempt a resolution. If the potential effect of the Convention can only be to freeze and enshrine sex equality law as it currently exists, one who is interested in achieving changes in the law for the purpose of benefiting women will not want to put her energy into lobbying for ratification. It is therefore important to get past political strategies and determine what promise the Convention might hold for women in the United States. If the United States were to ratify the Convention, what changes, if any, would result?

A Reply To Professor Nino, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Pro Bono Publico Meets Droits De L'Homme: Speaking A New Legal Language, Stephen A. Rosenbaum

Publications

In this Article, the author examines ways that legal aid advocacy organizations in the U.S. can utilize international human rights doctrine and procedures to advance the interests of poor and marginalized Americans in domestic and foreign venues. This is a sympathetic account of some of the efforts undertaken by legal services lawyers in this burgeoning field of law. The first section briefly describes the history and structure of the quasi-public legal aid programs funded by the Legal Services Corporation (LSC). Section two details practical reasons why attorneys may want to look to international instruments or forums to achieve their clients' …

Exporting The American Bill Of Rights: The Lesson From Romania, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

Human Rights In The World Court, Stephen M. Schwebel

Vanderbilt Journal of Transnational Law

In this Article, Judge Schwebel reviews the cases of the International Court of Justice and its predecessor, the Permanent Court of International Justice, that have substantial human rights implications. He observes that, while the World Court is not a human rights court in the contemporary sense of that term, since standing in contentious cases is limited to States, it nevertheless has constructively dealt with a number of important issues of human rights, as in its early holding that individuals may be the direct beneficiaries of treaty rights.

The Court has played a notable role in promoting the protection of human …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Taxation in the People's Republic of China

By Jinyan Li

New York, New York: Praeger Publishers, 1991. Pp. 208. $49.95.

============================

Liberating the Law: Creating Popular Justice in Mozambique

By Albie Sachs and Gita Honwana Welch

Atlantic Highlands, New Jersey: Zed Books, 1990. Pp. 132. $55.00.

=============================

International Fugitives: A New Role for the International Court of Justice

By Barbara M. Yarnold

New York, New York: Praeger Publishers, 1991. Pp. 168. $37.95.

================================

Effective Lobbying in the European Community

By James N. Gardner

Boston, Massachusetts: Kluwer Law and Taxation Publishers,1991. Pp. xix, 162. $45.00.

================================

European Human Rights Law

By …

The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port

Faculty Scholarship

Some observers have argued that because of a lack of enforcement powers, international law has relatively little impact on the conduct of nations and, in fact, may not be "law" at all. Others have inquired whether legal norms which underlie international human rights law have any influence on the domestic law of signatory nations. This article argues that international law can profoundly influence the development of the domestic laws of nations regardless of the lack of coercive enforcement powers. This point becomes clear through a consideration of Japan's experience in adopting and internalizing international law norms.

Debt, Development, And Human Rights: Lessons From South Africa, Danil D. Bradlow

Articles in Law Reviews & Other Academic Journals

This paper explores the lessons to be learned from the South African debt crisis of the mid-1980s and suggests ways in which it could have been used to promote human rights changes in apartheid South Africa.

Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley, Otto Lagodny

Vanderbilt Journal of Transnational Law

This Article examines extradition and jurisdiction over extraterritorial crime, focusing on the relationship between jurisdiction and extradition in the broader context of human rights law. The authors challenge what they argue are chimerical, although strongly held beliefs in the incompatibility of European and United States criminal justice systems and extradition practices. They argue that cooperation in matters of international criminal law may be enhanced, while protection of human rights is promoted. The authors establish this possibility by breaking down the barriers to understanding that stem from the divergent European versus Anglo-American modes of analysis.

Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski

Articles

No abstract provided.

Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark

Michigan Journal of International Law

This essay will explore the relationship between what many view as the two most urgent issues of our time: nurturing rights, and promoting peace.

Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley

Scholarly Works

This Article examines extradition and jurisdiction over extraterritorial crime, focusing on the relationship between jurisdiction and extradition in the broader context of human rights law. The authors challenge what they argue are chimerical, although strongly held beliefs in the incompatibility of European and United States criminal justice systems and extradition practices. They argue that cooperation in matters of international criminal law may be enhanced, while protection of human rights is promoted. The authors establish this possibility by breaking down the barriers to understanding that stem from the divergent European versus Anglo-American modes of analysis.

The authors first analyze the five …

Indigenous Rights Norms In Contemporary International Law, S. James Anaya

Publications

No abstract provided.

Settling Accounts: The Duty To Prosecute Human Rights Violations Of A Prior Regime, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Legal Reforms In The Aftermath Of Tiananmen Square, Margaret Woo

Margaret Y. K. Woo

This article examines some of the new Chinese legislation passed in the aftermath of the government’s crackdown of the student pro-democracy movement in Tiananmen Square. As the Chinese government recovers from the crisis of Tiananmen Square, the legal activities that it has chosen to undertake and to publicize can offer a snapshot of the mentality of the leadership towards legal reform. The laws promulgated since Tiananmen Square have an overall focus of “promoting stability,” which in the Chinese government’s view, means upholding party policy. Law is being re-emphasized as a counter-balance to reform and democracy resulting in the dualities of …