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Articles 1 - 30 of 48
Full-Text Articles in Human Rights Law
Preserving Family Unity: The Rights Of Children To Maintain The Companionship Of Their Parents And Remain In Their Country Of Birth, Giovanna I. Wolf
Preserving Family Unity: The Rights Of Children To Maintain The Companionship Of Their Parents And Remain In Their Country Of Birth, Giovanna I. Wolf
Indiana Journal of Global Legal Studies
No abstract provided.
Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt
Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt
Faculty Works
No abstract provided.
The U.N. Commission On Human Rights And Cambodia, 1975-1980, Jamie Frederic Metzl
The U.N. Commission On Human Rights And Cambodia, 1975-1980, Jamie Frederic Metzl
Buffalo Journal of International Law
No abstract provided.
Noted Japanese Jurist Speaks Out Against Capital Punishment
Noted Japanese Jurist Speaks Out Against Capital Punishment
Alfred Aman Jr. (1991-2002)
No abstract provided.
The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan
The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan
Osgoode Hall Law Journal
This article considers the relationship between international and domestic law in deportation proceedings. The argument is made that, generally, Canadian law should be interpreted consistently with Canada's obligations at international law, as reflected in conventions and custom. More specifically, the article proposes that Canada's obligation at international law to protect the family and the child be recognized in Canadian law as one of the principles of fundamental justice under section 7 of the Charter. The protection of the family is engaged by the deportation of domiciled aliens because, by definition, these deportees have been in Canada for a long period …
International Environmental Law Considerations During Miltary Operations Other Than War, Bruce A. Harlow, Michael E. Mcgregor
International Environmental Law Considerations During Miltary Operations Other Than War, Bruce A. Harlow, Michael E. Mcgregor
International Law Studies
No abstract provided.
The Environmental Threat Of Military Operations, William M. Arkin
The Environmental Threat Of Military Operations, William M. Arkin
International Law Studies
No abstract provided.
Human Rights Monitoring In Germany: A Rejoinder, Maryellen Fullerton
Human Rights Monitoring In Germany: A Rejoinder, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Federal Courts And World Civil Society, Gordon A. Christenson
Federal Courts And World Civil Society, Gordon A. Christenson
Faculty Articles and Other Publications
This article proposes that in all international civil litigation federal judges should use international and foreign law pragmatically as an aid to decisions which further the substantive values of "world civil society." These values are similar to those of civil society in a federal republic with an elaborate bill of rights - to preserve voluntary associations of human dignity and enterprise whose spirit transcends the public order of sovereign states.
Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci
Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci
Michigan Journal of International Law
Part II of this article analyzes the statutory authority for reparations in the Inter-American system in light of the legislative history of the American Convention's reparations provision and compares that authority with that provided for in the European human rights system. Part III sets forth the Inter-American Court's procedures for determining reparations once State responsibility has been established. Part IV evaluates the parties who may receive reparations. Part V analyzes the types of reparations provided generally under international law and specifically in the Inter-American system. Part VI criticizes the Court's determination to grant only a small share of the reparations …
The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa (Review Essay), Makau Wa Mutua
The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa (Review Essay), Makau Wa Mutua
Book Reviews
Review of Claude E. Welch, Protecting Human Rights in America: Strategies and Roles of Non-Governmental Organizations (1995).
Wcl Clinic Files Landmark Asylum Case, Sidney Lebowitz
Wcl Clinic Files Landmark Asylum Case, Sidney Lebowitz
Human Rights Brief
No abstract provided.
Gaps In Gender-Based Violence Jurisprudence Of International And Hybrid Criminal Courts: Can Human Rights Law Help, Susana Sacouto
Gaps In Gender-Based Violence Jurisprudence Of International And Hybrid Criminal Courts: Can Human Rights Law Help, Susana Sacouto
Contributions to Books
Great progress has been made over the last two decades in the investigation and prosecution of sexual and gender-based violence, in particular by the ad-hoc International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR). Yet the practice and jurisprudence of these tribunals makes clear that significant challenges remain, including inconsistency in how to understand – and therefore how to prove and adequately link to higher level perpetrators – crimes of sexual violence committed in the context of conflict, mass violence or repression. This chapter examines these challenges and explores whether human rights law, particularly the requirement that access …
The First Five-Year Span (1989-1994): Law And Religion In Post-Communist Hungary, Helen E. Hartnell
The First Five-Year Span (1989-1994): Law And Religion In Post-Communist Hungary, Helen E. Hartnell
Publications
The goals of this article are to examine the most significant developments in Hungary during the 1989-1994 period and to situate them in the larger context of international human-rights law. After briefly setting forth an analytical framework for religious liberty and the separation of church and state, this article describes and analyzes the pertinent Hungarian laws and court decisions, and concludes that despite significant improvement in religion's legal status, its actual situation is precarious.
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.
The World Bank, The Imf, And Human Rights, Daniel D. Bradlow
The World Bank, The Imf, And Human Rights, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
This paper explores the type of human rights obligations of the World Bank and the IMF. It argues that their human rights obligations can be divided into two sets of issues. First is operational issues, which relate to both the promotion and protection of human rights. Second is institutional issues, which deal with the internal rules and procedures of the World Bank and the IMF. The paper concludes that these organizations need to develop a coherent and explicit human rights policy.
Jane Doe, On Behalf Of Herself And All Others Similarly Situated: Radovan Karadzic In United States District Court, Susan L. Ronn
Jane Doe, On Behalf Of Herself And All Others Similarly Situated: Radovan Karadzic In United States District Court, Susan L. Ronn
Seattle University Law Review
In perhaps the only method available to respond with power to the horrors of "ethnic cleansing" in Bosnia-Herzegovina, Muslim women turned to a United States court for redress under the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA) The district court denied jurisdiction. This Article examines the opinion of the United States District Court in Doe v. Karadzic and concludes that Jane Doe and all others similarly situated should find redress in the courts of the United States for the brutalities inflicted upon them. Federal courts should not interpret the ATCA and the TVPA so narrowly …
Human Rights And Aids: The Future Of The Pandemic, 30 J. Marshall L. Rev. 195 (1996), Jonathan M. Mann
Human Rights And Aids: The Future Of The Pandemic, 30 J. Marshall L. Rev. 195 (1996), Jonathan M. Mann
UIC Law Review
No abstract provided.
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Journal Articles
Amnesty guidelines modeled on international law as defined by Latin American tribunals and treaties should be adopted and used by the United Nations, the Organization of American States, and national governments involved in remedying human rights violations. The 10 guidelines are stringent and would rarely result in the granting of amnesty. They may better serve their function than treaties or customary laws be cause they are guidelines and not mandatory.
Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley
Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley
Scholarly Works
In this piece, Professor Blakesley reviews “Terrorism and Hostages in International Law: A Commentary on the Hostages Convention 1979” by Joseph J. Lambert.
Constitutionalism In The Global Era, Elisabeth Zoller
Constitutionalism In The Global Era, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
"Two Souls To Struggle With....": The Failing Implementation Of Hungary's New Minorities Law And Discrimination Against Gypsies, Timothy W. Waters, Rachel Guglielmo
"Two Souls To Struggle With....": The Failing Implementation Of Hungary's New Minorities Law And Discrimination Against Gypsies, Timothy W. Waters, Rachel Guglielmo
Articles by Maurer Faculty
No abstract provided.
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
Articles
No abstract provided.
The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya
The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya
Publications
No abstract provided.
(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp
(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp
Faculty Scholarship
Some observers would like to explain away sweatshops as immigrants exploiting other immigrants, as "cultural, or as the importation of a form of exploitation that normally does not happen here but occurs elsewhere, in the "Third World." While the public was shocked by the discovery at El Monte, garment workers and garment worker advocates have for years been describing abuses in the garment industry and have ascribed responsibility for such abuses to manufacturers and retailers who control the industry. Sweatshops, like the one in El Monte, are a home-grown problem with peculiarly American roots. Since the inception of the garment …
Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins
Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins
Faculty Scholarship
Confronted with the challenge of cultural relativism, feminism faces divergent paths, neither of which seems to lead out of the woods of patriarchy. The first path, leading to simple tolerance of cultural difference, is too broad. To follow it would require feminists to ignore pervasive limits on women's freedom in the name of an autonomy that exists for women in theory only. The other path, leading to objective condemnation of cultural practices, is too narrow. To follow it would require feminists to dismiss the culturally distinct experiences of women as false consciousness. Yet to forge an alternative path is difficult, …
Refugee Act Of 1980: An Empty Promise To Exploited Children, 29 J. Marshall L. Rev. 995 (1996), Jill C. Stroguiludis
Refugee Act Of 1980: An Empty Promise To Exploited Children, 29 J. Marshall L. Rev. 995 (1996), Jill C. Stroguiludis
UIC Law Review
No abstract provided.
Human Rights Groups Face New Challenges In South Africa, Geoff Budlender
Human Rights Groups Face New Challenges In South Africa, Geoff Budlender
Human Rights Brief
No abstract provided.
European Union Anti-Racism Policy Reaches Turning Point, Johnita P. Due
European Union Anti-Racism Policy Reaches Turning Point, Johnita P. Due
Human Rights Brief
No abstract provided.
Trends: Recent Developments In Compensation For The Violation Of Property Rights, Angela Collier
Trends: Recent Developments In Compensation For The Violation Of Property Rights, Angela Collier
Human Rights Brief
No abstract provided.