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Articles 31 - 60 of 75
Full-Text Articles in Human Rights Law
Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook
Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook
Michigan Journal of International Law
This Article examines the evolution of the nexus requirement in United States refugee law since the Elias-Zacarias decision. Part I discusses the Supreme Court's decision in Elias-Zacarias, identifying the choices the Court made among the arguments presented before it that resulted in the motive-oriented approach to nexus. This Part also delves into the Court's statement about the evidence required to demonstrate motive, concluding that the Court's treatment of the evidence before it foreshadows the confusion lower courts have demonstrated in evaluating evidence of motive. Part II looks at appellate decisions on the nexus issue since 1992, highlighting cases that …
Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster
Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster
Michigan Journal of International Law
The aim of this Article is to explore current approaches to identifying and applying the causation test inherent in the "for reasons of" clause and to attempt to devise a sui generis test appropriate to the unique aims and objects of the Convention. Part I begins by reviewing both the principles governing the causation analysis and their methods of application in different jurisdictions. Part II then proceeds to review the considerations that might inform the development of a causation standard in refugee law, including guidance that might be obtained from other areas of law, against the background of the need …
Time For A New Approach? Federalism And Foreign Affairs After "Crosby V. National Foreign Trade Council", James J. Pascoe
Time For A New Approach? Federalism And Foreign Affairs After "Crosby V. National Foreign Trade Council", James J. Pascoe
Vanderbilt Journal of Transnational Law
On June 19, 2000, in Crosby v. National Foreign Trade Council--a much-anticipated decision involving the intersection of federalism and foreign relations--the U.S. Supreme Court struck down a Massachusetts law restricting state purchases from companies doing business in Burma. Crosby represents the Court's first consideration not only of local selective purchasing laws but, more importantly, its first consideration of the sort of subnational sanctions first developed by state and local governments during the anti-apartheid campaign of the 1980's. Thus, Crosby may pose an obstacle to human rights activism by local governments using economic sanctions to punish perceived human-rights offenders.
Because the …
Human Rights Responsibilities Of Private Corporations, Jordan J. Paust
Human Rights Responsibilities Of Private Corporations, Jordan J. Paust
Vanderbilt Journal of Transnational Law
This Article discusses the human rights responsibilities of private corporations. Part I addresses how decisions and activities of multinational corporations impact human rights. Part II examines corporate liability under human rights laws by examining trends in judicial decisions in the United States and foreign states and human rights instruments. Part III explores the types of human rights deprivations that multinational corporations might cause. The Article concludes by predicting that there will be increasing scrutiny of corporate deprivations of human rights at the domestic, regional, and international levels.
Bámaca Velásquez V. Guatemala: An Expansion Of The Inter-American System’S Jurisprudence On Reparations, Megan Hagler, Francisco Rivera
Bámaca Velásquez V. Guatemala: An Expansion Of The Inter-American System’S Jurisprudence On Reparations, Megan Hagler, Francisco Rivera
Human Rights Brief
No abstract provided.
Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane
Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane
UIC Law Review
No abstract provided.
80 Years Too Late: The International Criminal Court And The 20th Century's First Genocide, John Shamsey
80 Years Too Late: The International Criminal Court And The 20th Century's First Genocide, John Shamsey
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Groping Towards Utopia (Ii): Speculations On Law, Policy, And Human Life, James Ottavio Castagnera
Groping Towards Utopia (Ii): Speculations On Law, Policy, And Human Life, James Ottavio Castagnera
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Multinational And The "New Stakeholder": Examining The Business Case For Human Rights, Scott Greathead
The Multinational And The "New Stakeholder": Examining The Business Case For Human Rights, Scott Greathead
Vanderbilt Journal of Transnational Law
Business managers who ignore these realities--the concerns of these new corporate stakeholders--do so at the risk of their company's brand and their own careers. These are just a few examples of the new stakeholders of multinational corporations--workers, consumers, investors, indigenous peoples, non-governmental organizations (NGOs), and the media...
The concerns of these new stakeholders embrace human rights. It is a much broader concept of human rights, however, than the civil and political rights that used to dominate the agenda. Former concerns centered on freedom from arbitrary arrest, detentions, and other due process rights, freedom of speech and association, and governmental abuses …
The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii
The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii
Vanderbilt Journal of Transnational Law
This Note argues that despite theoretical criticisms, the prosecution of rape and sexual enslavement as crimes against humanity, by the International Criminal Tribunal for the former Yugoslavia (ICTY) fits within a larger, emerging picture of international legal jurisprudence. First, the ICTY built upon both its own prior decisions and the decisions of the International Criminal Tribunal for Rwanda (ICTR), especially Prosecutor v. Akayesu, in order to close gaps in the international legal conceptualizations of rape and enslavement, torture, war crimes, genocide and crimes against humanity. Second, building upon the example set by the ICTR, the ICTY broadened international protections of …
Opening The Dichotomy Of Universalism And Relativism, Chih-Yu Shih
Opening The Dichotomy Of Universalism And Relativism, Chih-Yu Shih
Human Rights & Human Welfare
A review of:
Negotiating Culture and Human Rights edited by Linda S. Bell, Andrew J. Nathan and Ilan Peleg. New York: Columbia University Press, 2001. 428 pp.
and
East Meets West: Human Rights and Democracy in East Asia by Daniel A. Bell. Princeton: Princeton University Press, 2000. 369 pp.
Renegotiating Responsibility After Apartheid: Listening To Perpetrator Testimony , Mark Sanders
Renegotiating Responsibility After Apartheid: Listening To Perpetrator Testimony , Mark Sanders
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Race-Ing And Engendering The Nation-State In Aotearoa/New Zealand , Nan Seuffert
Race-Ing And Engendering The Nation-State In Aotearoa/New Zealand , Nan Seuffert
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Transitional Justice In Post-War Afghanistan, Ossai Miazad
Transitional Justice In Post-War Afghanistan, Ossai Miazad
Human Rights Brief
No abstract provided.
Current Human Rights Concerns Arising From The Conflict And Peace Process In Northern Ireland, Jane Winter, Natasha Parassram Concepcion
Current Human Rights Concerns Arising From The Conflict And Peace Process In Northern Ireland, Jane Winter, Natasha Parassram Concepcion
Human Rights Brief
No abstract provided.
Burma’S Democratic Transition: The Internationalization Of Justice, The Challenge Of Legitimacy, And The Necessity Of Facing Past Political Violence, Daniel Rothenberg
Burma’S Democratic Transition: The Internationalization Of Justice, The Challenge Of Legitimacy, And The Necessity Of Facing Past Political Violence, Daniel Rothenberg
Human Rights Brief
No abstract provided.
The Un World Conference Against Racism:A Race-Ethnic And Gender Perspective, Celina Romany, Katherine Culliton
The Un World Conference Against Racism:A Race-Ethnic And Gender Perspective, Celina Romany, Katherine Culliton
Human Rights Brief
No abstract provided.
The Inter-American Commission On Human Rights And The Process Of Democratization In Peru, Helio Bicudo
The Inter-American Commission On Human Rights And The Process Of Democratization In Peru, Helio Bicudo
Human Rights Brief
No abstract provided.
Human Rights Institutions In Africa, Mary Ellen Tsekos
Human Rights Institutions In Africa, Mary Ellen Tsekos
Human Rights Brief
No abstract provided.
News From The International Criminal Tribunals, Cecile E.M. Meijer
News From The International Criminal Tribunals, Cecile E.M. Meijer
Human Rights Brief
No abstract provided.
News From The Inter-American System, Ismene Zarifis
News From The Inter-American System, Ismene Zarifis
Human Rights Brief
No abstract provided.
Legislative Watch, Human Rights Brief
Legislative Focus: Foreign Terrorist Military Tribunal Authorization Act Of 2001, Erin Chlopak
Legislative Focus: Foreign Terrorist Military Tribunal Authorization Act Of 2001, Erin Chlopak
Human Rights Brief
No abstract provided.
Dealing With The Detainees At Guantanamo Bay: Humanitarian And Human Rights Obligations Under The Geneva Conventions, Erin Chlopak
Dealing With The Detainees At Guantanamo Bay: Humanitarian And Human Rights Obligations Under The Geneva Conventions, Erin Chlopak
Human Rights Brief
No abstract provided.
Virginity Testing In Turkey: A Violation Of Women’S Human Rights, Chanté Lasco
Virginity Testing In Turkey: A Violation Of Women’S Human Rights, Chanté Lasco
Human Rights Brief
No abstract provided.
Development Genocide And Ethnocide: Does International Law Curtail Development-Induced Displacement Through The Prohibition Of Genocide And Ethnocide?, Stefanie Ricarda Roos
Development Genocide And Ethnocide: Does International Law Curtail Development-Induced Displacement Through The Prohibition Of Genocide And Ethnocide?, Stefanie Ricarda Roos
Human Rights Brief
No abstract provided.
Sierra Leone’S Search For Justice And Accountability Of Child Soldiers, Ismene Zarifis
Sierra Leone’S Search For Justice And Accountability Of Child Soldiers, Ismene Zarifis
Human Rights Brief
No abstract provided.
The “Pacific Solution”: Refugees Unwelcome In Australia, Alexander J. Wood
The “Pacific Solution”: Refugees Unwelcome In Australia, Alexander J. Wood
Human Rights Brief
No abstract provided.
Minority Rights: The Failure Of International Law To Protect The Roma, Mary Ellen Tsekos
Minority Rights: The Failure Of International Law To Protect The Roma, Mary Ellen Tsekos
Human Rights Brief
No abstract provided.