Human Rights Law Commons^™

Mail-Order Brides: Gilded Prostitution And The Legal Response, Eddy Meng

University of Michigan Journal of Law Reform

This Note explores the international mail-order bride industry where women from Asia and other developing countries are trafficked to men in Western industrialized countries. The author discusses the commonalities between the mail-order bride traffic and other forms of sexual exploitation, as well as the cultural and historical forces and the gender, ethnic, and class subordination which together fuel the demand for Asian Pacific mail-order brides. In the United States, the potential for exploitation is made greater in that immigrant brides face a threat of deportation during the first two years of residence via immigration laws. Given the inequalities between consumer-husbands …

An Analysis Of The United Nations International Tribunal To Adjudicate War Crimes Committed In The Former Yugoslavia: Parallels, Problems, Prospects, Mark A. Bland

Indiana Journal of Global Legal Studies

No abstract provided.

Federalism's Future In The Global Village, Barry Friedman

Vanderbilt Law Review

The world we live in is becoming smaller. Although no doubt people have been saying that since at least the travels of Marco Polo, Columbus, and Vespucci, events appear to be moving with startling rapidity. Global trade, global travel, global communication-all are bringing us together in ways that even twenty years ago we hardly could imagine. The words "globalization" and "internationalization" are heard frequently now, and in many new and different contexts. In contrast to the globalization phenomenon, we are accustomed to thinking about American federalism largely in domestic terms. The primary arena in which the debate about the role …

Human Rights And State Despotism In Kenya: Institutional Problems, Makau Wa Mutua

Other Scholarship

No abstract provided.

Getting To Know The General: American Conceits About The Rule Of Law, Kenneth Anderson

Book Reviews

This essay reviews a book about General Manuel Noriega, the Panamanian strongman toppled by the Bush Sr. administration in 1989; Noriega was tried on drug charges in Miami and has spent many years in prison. This book examines Noriega's background and rise to power, involvement in drugs and politics in Central America, including the famous murder of Hugo Spadafora, and his trial in the United States. The book's author covered the trial for newspapers; the review's author monitored human rights in Panama in the two years prior to the US invasion and covered the invasion for human rights organizations.

Women On The European Commission And Court Of Human Rights: Would Equal Representation Provide More Effective Remedies?, Kathleen M. Mccauley

Penn State International Law Review

No abstract provided.

Intercountry Adoption Today And The Implications Of The 1993 Hague Convention On Tomorrow, Susann M. Bisignaro

Penn State International Law Review

No abstract provided.

An Unnecessary Sacrifice: Restrictions On The Right Of Freedom Of Movement In An Effort To Establish An Effective Global Aids Policy, Cindy P. Nelson

Penn State International Law Review

No abstract provided.

Human Rights And The Structure Of Security Forces In Constitutional Orders: The Case Of Ethiopia, James C. N. Paul

William & Mary Bill of Rights Journal

No abstract provided.

The Status And Rights Of Refugees Under International Law: New Issues In Light Of The Honecker Affair, Francisco Orrego Vicuña

University of Miami Inter-American Law Review

No abstract provided.

Involuntary Commitment And The Use Of Seclusion And Restraint In Uruguay: A Comparison With The United Nations Principles For The Protection Of Persons With Mental Illness, Angelika C. Moncada

University of Miami Inter-American Law Review

No abstract provided.

The Santiago Commitment As A Call To Democracy In The United States: Evaluating The Oas Role In Haiti, Peru, And Guatemala, Stephen J. Schnably

University of Miami Inter-American Law Review

No abstract provided.

Intervention In The Yugoslav Civil War: The United Nations' Right To Create An International Criminal Tribunal, Barbara M. Tocker

Penn State International Law Review

No abstract provided.

Emerging From Emergency: Human Rights In South Africa, Etienne Mureinik

Michigan Law Review

A Review of In a Time of Trouble: Law and Liberty in South Africa's State of Emergency by Stephen Ellmann

Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam

Articles

Self-determination is a slogan that has captured the imagination of people throughout the world. Numerous U.N. General Assembly resolutions have exalted self-determination, often above the fundamental rights specifically provided for in the U.N. Charter. Notwithstanding these resolutions, in practice, self-determination generally has been applied only to the dismemberment of colonial empires. Its universal application is neither possible nor desirable.

In the Arab-Israeli conflict, self-determination was never truly the issue. The conflict has been deliberately transformed into a claim for self-determination as a political tactic designed to gain the support of third world countries in the United Nations. The issues in …

Human Rights In Egypt: The Practical Experience, Naila Gabr

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

State, Society And Violations Of Human Rights In Egypt, Mustapha K. Al-Sayyid

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

Human Rights In Egypt: The Cause, The Movement, And The Dilemma, Hani Shukrallah

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

Hate Crimes, Homosexuals, And The Constitution, Anthony S. Winer

Faculty Scholarship

This Article begins with an analysis of certain features of the Equal Protection Clause of the Fourteenth Amendment and demonstrates that this clause establishes a fundamental right to the equal benefit of laws protecting personal security. Laws protecting personal security must be applied evenhandedly. Any discriminatory application of such laws is presumptively invalid under the Equal Protection Clause. This Article next shows that gay men and lesbians are among the most common victims of hate crime, that hate crimes against gays and lesbians are significant, persistent and widespread, and that gays and lesbians have a substantial stake in the manner …

Irreconcilable Differences? Divorcing Refugee Protections From Human Rights Norms, Karen Musalo

Faculty Scholarship

No abstract provided.

Land, Law, And Legitimacy In Israel And The Occupied Territories, George E. Bisharat

American University Law Review

No abstract provided.

Irreconcilable Differences? Divorcing Regugee Protections From Human Rights Norms, Karen Musalo

Michigan Journal of International Law

This article will discuss in greater detail the profound defects of the Court's Zacarias decision. Section I will discuss the interpretation of key provisions of the 1980 Refugee Act, and describe the case of Jairo Elias Zacarias. Section II will review the plain language and legislative intent of the Act, including the congressional purpose of conforming to the 1967 Protocol. Section III will consider issues of burden of proof, and will examine the substantive impact which Zacarias has had on refugee cases. Section IV will focus on religious persecution as a paradigm of the inadequacy of an intent-based requirement and …

Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer

Michigan Journal of International Law

This article examines the recent trend proposing that Islam and Islamic culture mandate a distinctive approach to human rights. It offers critical assessments of selected civil and political rights in two recent products of this trend: (1) the 1990 Cairo Declaration on Human Rights in Islam, issued by the Organization of the Islamic Conference and endorsed by Iran and Saudi Arabia; and (2) the rights provisions in the Saudi Arabian Basic Law promulgated in 1992. These legislative initiatives will be examined in conjunction with constructs of an Islamic culture necessarily at odds with international human rights norms. These constructs have …

Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley

Michigan Journal of International Law

This article analyzes the permissibility of such a derogation under the Covenant and under general international law. Part I of this article outlines the historical development of Israel's declaration of a continuous state of emergency and its justification for detention without trial. Part II examines international rules on detention and derogation. Part III establishes a standard for declaring a state of emergency and applies this standard to Israel's declaration, with respect both to Israel's own territory and to the Palestinian territories occupied by Israel. Finally, Part IV inquires whether Israel will apply the Covenant as a matter of domestic law.

Introduction: Dealing With Human Rights In The Arab World, Dan Tschirgi

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

The United Nations And Human Rights, Larisa Gabriel

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

Grossman Criticizes Recent Court Decisions Involving Suriname, Claudia Martin, Françoise Roth

Human Rights Brief

No abstract provided.

News From The Inter-American System, Claudia Martin, Xavier Mena

Human Rights Brief

No abstract provided.

The Worldwide Market For Sex: A Review Of International And Regional Legal Prohibitions Regarding Trafficking In Women, Susan Jeanne Toepfer, Bryan Stuart Wells

Michigan Journal of Gender & Law

This essay considers whether international treaty law is a useful weapon in the battle against the global sex trade. The introduction to this essay surveys the extent of global sex trafficking. Part I of this essay discusses the international legal conventions that address the issue of trafficking in women. Part II of this essay assesses the effectiveness of these international instruments and considers why they have failed to and the world sex trade. In Part III, this essay describes the European and Inter-American human rights systems, focusing upon substantive law in the regional systems that might be relevant to the …

The Bamboo Gulag: Human Rights In The People's Republic Of China, 1991-1992, Ta-Ling Lee, John F. Copper

Maryland Series in Contemporary Asian Studies

No abstract provided.