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Articles 5371 - 5400 of 5429
Full-Text Articles in Human Rights Law
Administrative Detention In Israel And The Occupied Territories, Richard Gladstein
Administrative Detention In Israel And The Occupied Territories, Richard Gladstein
Antioch Law Journal
Administrative detention in any form curtails civil liberties. Yet the vast majority of countries use administrative detention in times of perceived national emergency.' In an enduring state of crisis, Israel has enacted an administrative detention statute designed to safeguard the security of the state and the due process rights of detainees. This comment will examine preventive detention in Israel and the occupied territories in the context of Israeli and international law.2Administrative detention refers to the confinement of individuals by the executive branch of government for imperative security reasons.3 Such detention frequently involves more flexible rules of procedure, evidence, conviction, and …
Symposium: The Trial Of The "Gang Of Four" And Its Implication In China
Symposium: The Trial Of The "Gang Of Four" And Its Implication In China
Maryland Series in Contemporary Asian Studies
No abstract provided.
Self-Determination: An Important Dimension Of The Demand For Freedom, Lung-Chu Chen
Self-Determination: An Important Dimension Of The Demand For Freedom, Lung-Chu Chen
Articles & Chapters
No abstract provided.
Book Reviews, Howard D. Coleman, Clark C. Siewert, John T. Smith Ii
Book Reviews, Howard D. Coleman, Clark C. Siewert, John T. Smith Ii
Vanderbilt Journal of Transnational Law
Book Reviews
Human Rights: International Petition System
Binders 1 and 2
Maxine E. Tardu
Dobbs Ferry: Oceania Publications, Inc.,1979 and 1980. $75.00 per Binder.
Reviewed by Howard D.Coleman
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The International Law and Policy of Human Welfare
Edited by R. St. John Macdonald, D.M. Johnston and L. Morris
The Netherlands: Sijthoff and Noordhoff, 1978. Pp. xviii, 690. $95.
Reviewed by Clark C. Siewert
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Deep Sea Mining
Judith T. Kildow, Editor
Cambridge, Massachusetts and London, England: MIT Press. 1980. Pp. 251.
Reviewed by John T. Smith II
Introduction: Human Rights And Jurisprudence, Myres Mcdougal, Lung-Chu Chen
Introduction: Human Rights And Jurisprudence, Myres Mcdougal, Lung-Chu Chen
Articles & Chapters
No abstract provided.
International Law And Basic Human Rights, Rita E. Hauser
International Law And Basic Human Rights, Rita E. Hauser
International Law Studies
No abstract provided.
Can The Boat People Assert A Right To Remain In Asylum?, Brian Roberts
Can The Boat People Assert A Right To Remain In Asylum?, Brian Roberts
Seattle University Law Review
World political reaction to the Southeast Asian refugee crisis has not asserted the refugees' human rights under international law. As a result, most of the refugees lack security from forcible return to the conditions they fled. They would have that security if the world powers act instead to implement non-refoulement, an established moral principle that arguably has attained the status of customary international law.
The Individual And International Law, Alona E. Evans
The Individual And International Law, Alona E. Evans
International Law Studies
No abstract provided.
The Humanitarian Provisions Of The Helsinki Accord: A Critique Of Their Significance, Valery Chalidze
The Humanitarian Provisions Of The Helsinki Accord: A Critique Of Their Significance, Valery Chalidze
Vanderbilt Journal of Transnational Law
It is no exaggeration to say that the humanitarian provisions of the Helsinki Accord have been recorded in the history of international relations by virtue of not so much their content as the strong public response they have elicited. This reaction is perhaps surprising, for the humanitarian provisions of the Helsinki Accord itself are very weak. If the convergence of East and West means loss by the West of its legal perspective on issues as fundamental as human rights, then I would not recommend such a convergence. Keeping in mind the development of such problems in the future, it would …
The International Legal Significance Of The Human Rights Provisions Of The Helsinki Final Act, Alexandre C. Kiss, Mary F. Dominick
The International Legal Significance Of The Human Rights Provisions Of The Helsinki Final Act, Alexandre C. Kiss, Mary F. Dominick
Vanderbilt Journal of Transnational Law
It may be submitted that the Helsinki Final Act is not a treaty, nor is it similar to resolutions of international organizations. In light of the language used in the text and the signatories' public expressions of intent, the human rights provisions must be deemed to have the same legal nature as the other provisions. The document as a whole falls within a special category of international legal instruments not anticipated by traditional definitions of the sources of international law--that is, non-binding, but directive texts which produce limited legal effects. Its foundation is agreement on a common objective: detente. Its …
Book Review, Ved P. Nanda
Book Review, Ved P. Nanda
Vanderbilt Journal of Transnational Law
Human Rights and World Public Order
Myres S. McDougal, Harold D. Lasswell, and Lung-chu Chen
New Haven: Yale University Press, 1980. Pp. 116.
Reviewed by Ved P. Nanda
International Law And Basic Human Rights, Louis B. Sohn
International Law And Basic Human Rights, Louis B. Sohn
International Law Studies
No abstract provided.
Table Of Contents: The Use Of Force, Human Rights, And General International Legal Issues
Table Of Contents: The Use Of Force, Human Rights, And General International Legal Issues
International Law Studies
No abstract provided.
Acknowledgments And Introduction: Use Of Force, Human Rights, And General International Legal Issues
Acknowledgments And Introduction: Use Of Force, Human Rights, And General International Legal Issues
International Law Studies
No abstract provided.
Human Rights And The International Legal Order, H. G. Schermers
Human Rights And The International Legal Order, H. G. Schermers
Michigan Law Review
A Review of Human Rights, International Law and the Helsinki Accord edited by Thomas Buergenthal
To Bring To An End The State Of War: The Egyptian-Israeli Peace Treaty, John F. Murphy
To Bring To An End The State Of War: The Egyptian-Israeli Peace Treaty, John F. Murphy
Vanderbilt Journal of Transnational Law
This article will describe and evaluate the Egyptian-Israeli Peace Treaty, and set it in historical and contemporary perspective in order to highlight some of the primary problems facing decision-makers in their deliberations on approaches to resolve the Arab-Israeli conflict in the Middle East. The article will then consider alternative courses of action available to the world community in light of principles of the United Nations Charter and of other sources of public international law and justice, political feasibility and the perceived interests of all parties to the conflict. Lastly, it will suggest new approaches to the problem, with a view …
Whither The Commission On Human Rights: A Report After The 35th Session, Gerson Smoger
Whither The Commission On Human Rights: A Report After The 35th Session, Gerson Smoger
Vanderbilt Journal of Transnational Law
The statement that the Commission on Human Rights "functions as the focal point of the United Nation's concentration on the international observance of human rights" is fraught with definitional inconsistencies. Throughout its existence one of the main problems faced by the members of the Commission has been to agree upon the appropriate limits of the expression "human rights." The question arises whether the term includes the right of a retired school teacher to speak out against his country's employment practices or his entitlement to receive social security after his departure from the teaching force. If these are both considered to …
Books Received, C. C. S.
Books Received, C. C. S.
Vanderbilt Journal of Transnational Law
APPLICABLE LAW IN INTERNATIONAL COMMERCIAL ARBITRATION By Julian D. M. Lew. Dobbs Ferry, New York: Oceana Publications,1978. Pp. 633.
COMPARATIVE LAW YEARBOOK Issued by The Center for International Legal Studies Germantown, Maryland: Sijthoff & Noordhoff, 1979. Pp. 300.
CONTEMPORARY INTERNATIONAL LAW: A CONCISE INTRODUCTION By Werner Levi Boulder, Colorado: The Westview Press, 1979. Pp.391.
DIRECT INVESTMENT AND DEVELOPMENT IN THE U.S. By Raymond J. Waldman Washington, D.C.: Transnational Investments, 1979.Pp. 413.
ENHANCING GLOBAL HUMAN RIGHTS Edited by J. I. Dominguez and others New York: McGraw-Hill, 1979. Pp. 270.
THE ETHNOGRAPHY OF LAW By Laura Nader Menasha, Wisconsin: American Anthropological Association, …
Are Human Rights Good For International Business , Anthony D'Amato
Are Human Rights Good For International Business , Anthony D'Amato
Northwestern Journal of International Law & Business
When I take up the Nuremberg cases in my class in International Law, I find it quite difficult to convey to the students how radical those proceedings appeared to be in 1947. At that time, the contention that there should be individual accountability under international law seemed to constitute an unfounded and dangerous precedent. How could political leaders be made personally responsible for acts of state such as instituting a war (even an "aggressive" war) or engaging in wholly internal policies (the "final solution" against Jews and other minorities of their own citizens)? Indeed, the Nuremberg result seemed somewhat unprincipled …
The Indian In Latin America: Approaches To Administration, Integration, And Protection, Lee Swepston
The Indian In Latin America: Approaches To Administration, Integration, And Protection, Lee Swepston
Buffalo Law Review
No abstract provided.
Sovereignty And Self-Determination: The Rights Of Native Americans Under International Law, John Howard Clinebell, Jim Thomson
Sovereignty And Self-Determination: The Rights Of Native Americans Under International Law, John Howard Clinebell, Jim Thomson
Buffalo Law Review
No abstract provided.
International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust
International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust
Indiana Law Journal
Terrorism and the Media: Legal Responses, Symposium
War Crimes Jurisdiction And Due Process: The Bangladesh Experience, Jordan J. Paust, Albert P. Blaustein
War Crimes Jurisdiction And Due Process: The Bangladesh Experience, Jordan J. Paust, Albert P. Blaustein
Vanderbilt Journal of Transnational Law
Must any state that holds and controls prisoners either prosecute those accused of having committed serious violations of international law or extradite them to a state that will prosecute? Finally, would similar breaches of international law by India or Indian troops obviate any jurisdictional competence or duties of India or Bangladesh?
The questions seemed unusual, at least in view of the past practices of international tribunals of the United States in prosecutions of its nationals. Specific criminal applications of relevant international norms had been relatively sparse.' There were problems with the applicability of international norms to Bangladesh, especially during the …
Self-Determination, International Law And The South African Bantustan Policy, Henry J. Richardson
Self-Determination, International Law And The South African Bantustan Policy, Henry J. Richardson
Articles by Maurer Faculty
No abstract provided.
Torture And Other Forms Of Cruel And Unusual Punishment In International Law, Steven Ackerman
Torture And Other Forms Of Cruel And Unusual Punishment In International Law, Steven Ackerman
Vanderbilt Journal of Transnational Law
Although historically legal interest in human rights has been the special province of scholars, recent worldwide economic realignment has educated the public to global interdependency, vindicating those who foresaw a nexus between human rights and the maintenance of world order. "[A]n interdependent global community cannot sustain itself. .if the coin of common exchange is genocide and discrimination." A pragmatic understanding of the relationship between the maintenance of world order and the protection of human rights suggests that tolerance and fulfillment of the world expectation of human rights may not be a goal that can be universally achieved. It is, however, …
Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Bryant G. Garth, Mauro Cappelletti
Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Bryant G. Garth, Mauro Cappelletti
Articles by Maurer Faculty
The present essay is one of the fruits of a four-year comparative research project entitled "Florence Access-to-Justice Project," sponsored by the Ford Foundation and, with a slightly more local focus, the Italian National Council of Research (CNR). The essay will serve as the General Report introducing the Project's forthcoming four-volume series. The volumes, being published by Sijthoff (Leyden and Boston) and Giuffr6 (Milan) under the general editorship of Mr. Cappelletti are: Volume I. Access to Justice: A World Survey (edited by Messrs. Cappelletti and Garth); Volume II. Access to Justice: Studies of Promising Institutions (edited by Mr. Cappelletti and Mr. …
Dual Claim And The Exhaustion Of Local Remedies Rule In International Law, B. O. Iluyomade
Dual Claim And The Exhaustion Of Local Remedies Rule In International Law, B. O. Iluyomade
Vanderbilt Journal of Transnational Law
Notwithstanding the anomaly of the procedural requirement that local remedies available in the respondent state must be exhausted before there can be diplomatic intervention on behalf of a national, there can be no doubt that the rule serves some very useful purposes and has become generally accepted. This is demonstrated by the significant role the rule now plays in the resolution of issues before the European Commission of Human Rights. Because the rule is often discussed in the context of a complaint of denial of justice, considerable difficulties may be encountered in determining when the rule should be complied with. …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
THE ARAB OIL WEAPON
By Jordan J. Paust & Albert P. Blaustein
Dobbs Ferry, New York: Oceana Publications, 1977. Pp. 370.$27.50.
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ARBITRATION IN SWEDEN
Stockholm: Stockholm Chamber of Commerce, 1977. Pp. 212. $25.00.
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THE DECLINE OF DEMOCRACY IN THE PHILIPPINES
A Report of Missions by William J. Butler, John P. Humphrey, & G.E. Bisson. Geneva: International Commission of Jurists, 1977. Pp. 97. $4.00.
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DE-RECOGNIZING TAIWAN: THE LEGAL PROBLEMS
By Victor H. Li
Washington: Carnegie Endowment for International Peace, 1977.Pp. 48. $1.50.
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EAST-WEST TRADE, A SOURCEBOOK ON THE INTERNATIONAL ECONOMIC RELATIONS OF SOCIALIST COUNTRIES AND THEIR LEGAL …
Freedom From Discrimination In Choice Of Language And International Human Rights, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen
Freedom From Discrimination In Choice Of Language And International Human Rights, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen
Articles & Chapters
No abstract provided.
Political Prisoners: The Law And Politics Of Protection, David P. Forsythe
Political Prisoners: The Law And Politics Of Protection, David P. Forsythe
Vanderbilt Journal of Transnational Law
In the fall of 1975 the United States, in a much publicized step at the United Nations, introduced an abortive resolution calling for world-wide amnesty for political prisoners. Admittedly, this draft resolution was withdrawn because of crippling amendments, and it may well be that this American initiative was launched more to deflect criticism to others than to help political prisoners. But it seems to be the case--at least from a Western perspective--that political prisoners are becoming a more salient subject in world affairs. The concept of political prisoners has existed for quite awhile. In the last decade and a half, …