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Human Rights Law Commons

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International Law

2014

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Articles 61 - 90 of 283

Full-Text Articles in Human Rights Law

An Analysis Of Structural Weaknesses In The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julie A. Minor Oct 2014

An Analysis Of Structural Weaknesses In The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julie A. Minor

Georgia Journal of International & Comparative Law

No abstract provided.


Refusal To Extradite: An Examination Of Canada's Indictment Of The American Legal System, Jami Leeson Oct 2014

Refusal To Extradite: An Examination Of Canada's Indictment Of The American Legal System, Jami Leeson

Georgia Journal of International & Comparative Law

No abstract provided.


Reflections On Regional Human Rights Law, Gabriel M. Wilner Oct 2014

Reflections On Regional Human Rights Law, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum Oct 2014

The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum

Georgia Journal of International & Comparative Law

No abstract provided.


Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman Oct 2014

Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman

Georgia Journal of International & Comparative Law

No abstract provided.


The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman Oct 2014

The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman

Georgia Journal of International & Comparative Law

No abstract provided.


Litigating Customary International Human Rights Norms, Beth Stephens Oct 2014

Litigating Customary International Human Rights Norms, Beth Stephens

Georgia Journal of International & Comparative Law

No abstract provided.


The Relevance Of Customary International Norms To The Death Penalty In The United States, Joan Fitzpatrick Oct 2014

The Relevance Of Customary International Norms To The Death Penalty In The United States, Joan Fitzpatrick

Georgia Journal of International & Comparative Law

No abstract provided.


The Complex Nature, Sources And Evidences Of Customary Human Rights, Jordan J. Paust Oct 2014

The Complex Nature, Sources And Evidences Of Customary Human Rights, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.


The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd Oct 2014

The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights As Part Of Customary International Law: A Plea For Change Of Paradigms, Anthony D'Amato Oct 2014

Human Rights As Part Of Customary International Law: A Plea For Change Of Paradigms, Anthony D'Amato

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights And State "Sovereignty", Louis Henkin Oct 2014

Human Rights And State "Sovereignty", Louis Henkin

Georgia Journal of International & Comparative Law

No abstract provided.


The Growing Importance Of Customary International Human Rights Law, Richard B. Lillich Oct 2014

The Growing Importance Of Customary International Human Rights Law, Richard B. Lillich

Georgia Journal of International & Comparative Law

No abstract provided.


Emerging Limitations On The Rights Of The Child: The U.N. Convention On The Rights Of The Child And Its Early Case Law, Jonathan Todres Oct 2014

Emerging Limitations On The Rights Of The Child: The U.N. Convention On The Rights Of The Child And Its Early Case Law, Jonathan Todres

Jonathan Todres

No abstract provided.


A Child Rights Framework For Addressing Trafficking Of Children, Jonathan Todres Oct 2014

A Child Rights Framework For Addressing Trafficking Of Children, Jonathan Todres

Jonathan Todres

No abstract provided.


Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres Oct 2014

Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres

Jonathan Todres

The global AIDS pandemic has left more than fifteen million children orphaned. These children constitute one of the most vulnerable populations, yet their situation has received relatively little scrutiny from legal scholars. This Article intends to fill that void by explicating the experience of children orphaned by AIDS, situating it in the broader context of the HIV/AIDS pandemic, and evaluating protections available under international human rights law. Analyzing human rights law as applied to children orphaned by AIDS exposes the extent to which rights are interrelated, particularly for marginalized populations. In current scholarship, the interrelationship among rights, for the most …


The U.S. View Of The Convention On The Rights Of The Child - Time For Reconsideration, Jonathan Todres, Howard Davidson Oct 2014

The U.S. View Of The Convention On The Rights Of The Child - Time For Reconsideration, Jonathan Todres, Howard Davidson

Jonathan Todres

No abstract provided.


Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres Oct 2014

Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres

Jonathan Todres

In 2000, the international community formally launched the modern movement to combat human trafficking with the United Nations' adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (Trafficking Protocol). With the Trafficking Protocol, the international community created a new cornerstone upon which to build a global initiative to combat this modem form of slavery. As the first major international treaty on human trafficking in half a century, the Trafficking Protocol represented a significant step forward. One hundred forty-seven countries are now party to the …


Human Rights, American Exceptionalism, And The Stories We Tell, Natsu Taylor Saito Oct 2014

Human Rights, American Exceptionalism, And The Stories We Tell, Natsu Taylor Saito

Natsu Taylor Saito

The Universal Declaration of Human Rights represents a remarkable expansion in the recognition of the fundamental rights of all peoples. Nonetheless, consensus on the implementation of these rights is elusive. Two commonly referenced obstacles to achieving such a consensus are: (1) the United States’ practice of unilaterally exempting itself from international human rights treaties, i.e., American exceptionalism; and (2) resistance from those who see the international human rights movement as a means of imposing Western values on non-Western cultures. Considering these as related issues, both deriving from the Eurocentric nature of contemporary international law, this essay suggests that a truly …


Critical Race Theory As International Human Rights Law, Natsu Taylor Saito Oct 2014

Critical Race Theory As International Human Rights Law, Natsu Taylor Saito

Natsu Taylor Saito

No abstract provided.


Complementarity And Post-Coloniality, Nirej S. Sekhon Oct 2014

Complementarity And Post-Coloniality, Nirej S. Sekhon

Nirej Sekhon

The International Criminal Court’s jurisdiction is complementary to that of national criminal jurisdictions. While most agree that complementarity is a cornerstone principle, debate continues as to what precisely it should mean for the ICC’s relationship to national criminal justice actors. “Positive complementarity,” a view many commentators hold, suggests that the ICC should use its power to educate, persuade, and prod states parties to undertake international criminal law investigations. For positive complementarity’s more optimistic proponents, the future holds promise for a coordinated system of global justice in which the ICC plays a secondary role to national courts in vindicating international criminal …


Punishment For Unjust War: First International Court Decision Awarding Damages For Aggression, Allen E. Shoenberger Oct 2014

Punishment For Unjust War: First International Court Decision Awarding Damages For Aggression, Allen E. Shoenberger

Allen E Shoenberger

The Decisions of the European Court of Human Rights Cyprus v. Turkey, both the merits decision in 2001 and the just satisfaction decision in 2014 establish important precedents in international law and stand as a caution to potential aggressor states.


Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker Oct 2014

Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker

Georgia Journal of International & Comparative Law

No abstract provided.


Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross Oct 2014

Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross

Georgia Journal of International & Comparative Law

No abstract provided.


Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir Oct 2014

Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir

Isaac Kfir

The contemporary international refugee system was product of a desire to provide protection and assistance to those who have a well-founded fear of persecution, a somewhat sophistic term in the twenty-first century, which may explain why the system has become cumbersome, incoherent and divisive. One explanation for the tension within the refugee regime is that states—mainly western states—seek to reduce refugee applications while adhering and upholding their international obligations. Another explanation is that it is tensions between two legal traditions—natural law and legal positivism—that are shape the international refugee law that have led to the crisis, preventing a clear legal …


The Laws Of War: An Examination Of The Legality Of Nato's Intervention In The Former Yugoslavia And The Role Of The European Court Of Human Rights In Redressing Claims For Civilian Casualties In War, Robert W. Stannard Oct 2014

The Laws Of War: An Examination Of The Legality Of Nato's Intervention In The Former Yugoslavia And The Role Of The European Court Of Human Rights In Redressing Claims For Civilian Casualties In War, Robert W. Stannard

Georgia Journal of International & Comparative Law

No abstract provided.


Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace Oct 2014

Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace

Georgia Journal of International & Comparative Law

No abstract provided.


Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard Oct 2014

Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard

Georgia Journal of International & Comparative Law

No abstract provided.


Is There A Right To Die?: A Comparative Study Of Three Societies (Australia, Netherlands, United States), Lara L. Manzione Oct 2014

Is There A Right To Die?: A Comparative Study Of Three Societies (Australia, Netherlands, United States), Lara L. Manzione

Georgia Journal of International & Comparative Law

No abstract provided.


Hitler's Ghosts: The Interplay Between International Organizations And Their Member States In Response To The Rise Of Neo-Nazism In Society And Government, Marjorie L. Morton Oct 2014

Hitler's Ghosts: The Interplay Between International Organizations And Their Member States In Response To The Rise Of Neo-Nazism In Society And Government, Marjorie L. Morton

Georgia Journal of International & Comparative Law

No abstract provided.