Human Rights Law Commons^™

Youth Activism, Art And Transitional Artist: Emerging Spaces Of Memory After The Jasmin Revolution, Arnaud Kurze

Arnaud Kurze

This project explores the creation of alternative transitional justice spaces in post-conflict contexts, particularly concentrating on the role of art and the impact of social movements to address human rights abuses. Drawing from post-authoritarian Tunisia, it scrutinizes the work of contemporary youth activists and artists to deal with the past and foster sociopolitical change. Although these vanguard protesters provoked the overthrow of President Zine El Abidine Ben Ali in 2011, the power vacuum was quickly filled by old elites. The exclusion of young revolutionaries from political decision-making led to unprecedented forms of mobilization to account for repression and injustice under …

The Role Of Transnational Identity And Migration, Enid Trucios-Haynes

Enid F. Trucios-Haynes

No abstract provided.

Human Rights Ngos In East Africa: Defining The Challenges, Makau Mutua

Makau Mutua

Published as Chapter 1 in Human Rights NGOS in East Africa: Political and Normative Tensions, Makau Mutua, ed.

The Role Of International Actors In Promoting Rule Of Law In Uganda, Joseph M. Isanga

Joseph Isanga

African conflicts have been caused in part by regimes that do not respect democracy. Uganda is an illustrative case. International actors have played along under an undeclared policy of constructive engagement, but this has essentially served only to delay democratic evolution. As a result, Ugandan leaders have become increasingly autocratic. In such circumstances, reliance on the military and personal rule based on patronage--as opposed to democracy and the rule of law-have become critically important in governance. Yet forceful measures often only beget forceful reactions. The best hope for democracy is for courts to enforce the will of the people as …

Counter-Terrorism And Human Rights: The Emergence Of A Rule Of Customary International Law From U.N. Resolutions, Joseph M. Isanga

Joseph Isanga

This article is divided into four sections. Section I will discuss how a rule of customary international law generally develops, including discussions of development from conventional sources and the use of United Nations resolutions for finding a rule of customary international law generally. Section II will expound the treatment of and reliance upon the United Nations resolutions as a source of law by the International Court of Justice, in order to facilitate our discussion of an emerging rule of customary international law from resolutions. Section III will consider the limitations for using resolutions as binding statements of opinio juris. Finally, …

Foundations Of Human Rights And Development: A Critique Of African Human Rights Instruments, Joseph M. Isanga

Joseph Isanga

This Article argues that, of the contemporary human rights theories, sustainable African development necessitates grounding human rights in complete alignment with the broader perspective of natural law theory, as opposed to narrower perspectives such as utilitarian, positivist, and kindred theories.3 Part I presents pertinent philosophical theories and modes of analysis in conjunction with general international legal jurisprudence. Part II then uses this philosophical analysis to examine specific African human rights instruments and jurisprudence. Part III considers African traditional human rights conceptions. Part IV recommends a natural law foundation for African development. [excerpt]

The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa (Review Essay), Makau Mutua

Makau Mutua

Review of Claude E. Welch, Protecting Human Rights in America: Strategies and Roles of Non-Governmental Organizations (1995).

Putting Humpty Dumpty Back Together Again: The Dilemmas Of The Post-Colonial African State (Review Essay), Makau Wa Mutua

Makau Mutua

Reviewing Collapsed States: The Disintegration and Restoration of Legitimate Authority, I. William Zartman, ed.

An Emerging Uniformity For International Law, David H. Moore

David H. Moore

No abstract provided.

Special International Zones In Practice And Theory, Tom W. Bell

Tom W. Bell

Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment, Claudio M. Grossman, Nora Sevaass, Felice Gaer

Claudio M. Grossman