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Articles 241 - 255 of 255
Full-Text Articles in Human Rights Law
Reforming The International Investment Regime: Lessons From International Trade Law, Frank Garcia, Lindita Ciko, Apurv Gaurav
Reforming The International Investment Regime: Lessons From International Trade Law, Frank Garcia, Lindita Ciko, Apurv Gaurav
Frank J. Garcia
Notes From A New Underground: The Intersection Of Russian Orthodoxy, Religious Liberty, Lgbt Rights, And State Authority, John Ehrett
John Ehrett
Current laws in the Russian Federation impose sanctions against both speech deemed offensive to Russia’s traditional religious groups, and speech considered “propaganda” of the lesbian, gay, bisexual, and transgender (LGBT) community. This Featured Note offers a contemporary examination of the historical, cultural and political forces underlying these ongoing trends, and offers an interdisciplinary consideration of issues surrounding the intersection of liberty of religious expression with liberty of LGBT expression in Vladimir Putin’s Russia. This is historically contextualized through consideration of the political integration of church and state as a contributing factor toward limitations on these political freedoms. Ultimately, a vision …
Thinking Globally, Policy Locally: A Plan For Decentralized Law Enforcement In Côte D’Ivoire, __ J. Of Int’L Bus. & L. __ (Forthcoming 2015), Hugh Mundy
Hugh Mundy
During a 2009 speech in Ghana, President Barack Obama said, “Africa doesn’t need strongmen. It needs strong institutions.” Obama credited Ghana’s “impressive rates of growth” to the country’s “repeated peaceful transfers of power even in the wake of closely contested elections.” Free elections and non-violent power transfers, he said, “may lack the drama of the twentieth century’s liberation struggles” but “will ultimately be more significant.” Last July, the president expressed similar sentiments during a highly anticipated trip to Kenya. Côte d’Ivoire offers a stark example of the instability wrought when an unseated leader refuses to cede power. Once hailed as …
Inciting Genocide With Words, Richard Ashby Wilson
Inciting Genocide With Words, Richard Ashby Wilson
Richard Ashby Wilson
This article calls for a rethinking of the causation element in the prevailing international criminal law on direct and public incitement to commit genocide. After the conviction of Nazi propagandist Julius Streicher at Nuremberg for crimes against humanity, the crime of direct and public incitement to commit genocide was established in the UN Convention on the Prevention and Punishment of Genocide in 1948. The first (and thus far, only) convictions for the crime came fifty years later at the International Criminal Tribunal for Rwanda (ICTR). The ICTR’s incitement jurisprudence is widely recognized as problematic, but no legal commentator has thus …
The Forgotten Deported: A Declaration On The Rights Of Expelled And Deported Persons, Daniel Kanstroom, Jessica Chicco
The Forgotten Deported: A Declaration On The Rights Of Expelled And Deported Persons, Daniel Kanstroom, Jessica Chicco
Daniel Kanstroom
Deviance, Aspiration, And The Stories We Tell: Reconciling Mass Atrocity And The Criminal Law, Saira Mohamed
Deviance, Aspiration, And The Stories We Tell: Reconciling Mass Atrocity And The Criminal Law, Saira Mohamed
Saira Mohamed
Rethinking Corporate Human Rights Accountability, Pammela Quinn Saunders
Rethinking Corporate Human Rights Accountability, Pammela Quinn Saunders
Pammela Quinn
The standard account of corporate human rights accountability assumes that corporate entities, rather than individual corporate officers or employees, are the optimal targets of regulatory litigation. This assumption has led human rights advocates to despair over recent court decisions that make it increasingly difficult to bring suit against corporations for human rights violations. In light of these decisions (and similar barriers to suits against corporate entities in some other jurisdictions around the world), human rights advocates find themselves at a crossroads. Will litigants focus on new legal theories or on bringing their claims in new fora which offer better chances …
Prosecute, Sue, Or Deport? Transnational Accountability In International Law, Chimene I. Keitner
Prosecute, Sue, Or Deport? Transnational Accountability In International Law, Chimene I. Keitner
Chimene I Keitner
No abstract provided.
Migrant Smuggling, Anne T. Gallagher Ao
Migrant Smuggling, Anne T. Gallagher Ao
Anne T Gallagher
Justice As Legitimacy In The European Court Of Human Rights, Molly K. Land
Justice As Legitimacy In The European Court Of Human Rights, Molly K. Land
Molly K. Land
Using the example of the prisoner voting cases at the European Court of Human Rights, this chapter builds on existing literature regarding the legitimacy of judicial institutions to consider the role of justice with respect to the normative and sociological legitimacy of international human rights courts. The chapter identifies the pursuit of just outcomes as a significant independent influence on the legitimacy of these courts. Doing justice even when it requires expansive lawmaking in order to protect unpopular groups can be an affirmative source of legitimacy for these institutions. Although the legitimacy challenges faced by the European Court of Human …
Of Monsters And Man: Perpetrator Trauma And Mass Atrocity, Saira Mohamed
Of Monsters And Man: Perpetrator Trauma And Mass Atrocity, Saira Mohamed
Saira Mohamed
Human Rights, Environmental Justice, And The North-South Divide, Carmen G. Gonzalez
Human Rights, Environmental Justice, And The North-South Divide, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental Justice, Human Rights, And The Global South, Carmen G. Gonzalez
Environmental Justice, Human Rights, And The Global South, Carmen G. Gonzalez
Carmen G. Gonzalez
From the Ogoni people devastated by oil drilling in Nigeria to the Inuit and other indigenous populations threatened by climate change, communities disparately burdened by environmental degradation are increasingly framing their demands for environmental justice in the language of environmental human rights. Domestic and international tribunals have concluded that failure to protect the environment violates a variety of human rights (including the rights to life, health, food, water, property, and privacy; the collective rights of indigenous peoples to their ancestral lands and resources; and the right to a healthy environment). Some scholars have questioned the utility of the human rights …
The Role Of Non-Governmental Organizations In Advancing International Criminal Justice, Charles Jalloh
The Role Of Non-Governmental Organizations In Advancing International Criminal Justice, Charles Jalloh
Charles C. Jalloh
Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu