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- Global Human Rights Law and the Boundaries of Statehood (4)
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Articles 1 - 12 of 12
Full-Text Articles in Human Rights Law
Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik
Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik
Georgia Journal of International & Comparative Law
No abstract provided.
The Fate Of Armed Resistance Groups After Peace, David C. Williams
The Fate Of Armed Resistance Groups After Peace, David C. Williams
Indiana Journal of Constitutional Design
No abstract provided.
Editors' Introduction, Melanie O'Brien, Joann Digeorgio-Lutz, Lior Zylberman, Christian Gudehus, Douglas Irvin-Erickson, Randle Defalco, Hilary Earl
Editors' Introduction, Melanie O'Brien, Joann Digeorgio-Lutz, Lior Zylberman, Christian Gudehus, Douglas Irvin-Erickson, Randle Defalco, Hilary Earl
Genocide Studies and Prevention: An International Journal
No abstract provided.
Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy
Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy
International Human Rights Law Journal
Many cynics of the universality of international human rights point to persistent large-scale human-rights abusing regimes, such as the Democratic Republic of North Korea, as proof that there is nothing at all universal about human rights. This essay is an attempt to root out the implications of internal national policies on the suitability of international human rights whilst reinforcing their universality. The author of this essay, a military lawyer, reaches the conclusion that the pump of universal human rights don't work within the North Korea cause the vandals took the handle.
A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer
A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer
International Human Rights Law Journal
The UN treaty body system is an imperative component in the enforcement of international human rights law, but it currently does not have the mechanisms sufficient for the effective internalization of international human rights law standards. One of its current mechanisms, namely, concluding observations, are by their nature of being addressed to states insufficient to ensure enforcement in state parties not politically, economically, socially, or culturally inclined to obey the recommendations. This article proposes a new publication that will better foster communication between civil society organizations and treaty bodies, allowing for a more highly coordinated effort of civil society in …
Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley
Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley
International Human Rights Law Journal
Japan has long been criticized for its failure to address the issue of international child abduction. In response to international pressure, Japan adopted the Hague Convention on the Civil Aspects of International Parental Abduction in April 2014. Despite its ratification of the treaty, great concern remains whether Japan is willing to comply with the legal obligations imposed by the Convention. This article examines Japan’s struggle with the issue of international child abduction, analyzing its traditional approach to family matters such as its “divorce by conference” system, which permits couples to negotiate issues of child custody and visitation without any judicial …
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Scholarly Undergraduate Research Journal at Clark (SURJ)
Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …
Fractured Territories And Abstracted Terrains: Human Rights Governance Regimes Within And Beyond The State, Larry Catá Backer
Fractured Territories And Abstracted Terrains: Human Rights Governance Regimes Within And Beyond The State, Larry Catá Backer
Indiana Journal of Global Legal Studies
The problem of representation has become a central element for the development of human rights norms, not just within international organizations, but within states as well. The problem has been made acute by two significant changes in the organization of power that became visible after the 1950s. On one hand, the idea of the individual became more abstract. Mass democracy became symptomatic of a general trend toward the dissolution of the individual within a mass population, which was incarnated as the aggregation of its group characteristics, its statistics, and data. On the other hand, states were becoming less solid; the …
Some Newly Emergent Geographies Of Injustice: Boundaries And Borders In International Law, Upendra V. Baxi
Some Newly Emergent Geographies Of Injustice: Boundaries And Borders In International Law, Upendra V. Baxi
Indiana Journal of Global Legal Studies
This conversation examines the relationship between the boundaries and borders in international law and the production of geographies of injustice through the lens of the colonial epistemologies, especially of private international law in the face of mass social disasters like the archetypal Bhopal catastrophe. I also address the languages and logics of coloniality and postcoloniality, as states of consciousness and social organization, under the complex and contradictory unity of neoliberalism.
Statehood, Power, And The New Face Of Consent, Sheldon Leader
Statehood, Power, And The New Face Of Consent, Sheldon Leader
Indiana Journal of Global Legal Studies
Individuals and groups are often subjected to power, both public and private, by eliciting their consent. Debate usually focuses on whether or not that consent is freely given or is vitiated by imbalances of strength between the bargaining parties. This essay focuses on a different issue, one that is largely passed over in legal and moral analyses: how far does and should consent bind one to accepting in advance changes in the future? There are signs of a fundamental shift in answering this question-a shift that particularly concerns the control of power in the economy. Industrial democracies may be abandoning …
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz
Indiana Journal of Global Legal Studies
At the heart of international law lies a central tension. On the one hand, the fundamental rights recognized in international treaties protect the fundamental interests of individuals, obligating all actors who can affect these rights. One the other hand, international law has often been conceived of as a system in which the only legitimate actors are states. In turn, only states can be bound by the fundamental rights obligations in international treaties. To address this tension, two models have been proposed. The first is an "Indirect duty" approach, whereby the state remains the primary duty-bearer and must itself "create" the …
Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews
Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews
Global Tides
This paper analyzes why the UN’s efforts against the sex trafficking of smuggled migrants, specifically regarding the Palermo and Smuggling Protocols, have been inadequate in preventing migrant smuggling. It concludes that the crime-based focus on prosecution overshadows prevention of the crime and protection of the victims, and that a human rights approach addressing the vulnerability of smuggled migrants would be more effective in reducing migrant smuggling long-term. Proposed solutions include decreasing both the “push” and “pull” factors of migration by ratifying existing legislation regarding basic human rights, implementing national policies that increase migrant rights in destination countries, and shifting further …