Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (24)
- Criminal Law (5)
- Law and Politics (4)
- Comparative and Foreign Law (3)
- Constitutional Law (3)
-
- Anthropology (2)
- Civil Rights and Discrimination (2)
- Immigration Law (2)
- Legal History (2)
- Military, War, and Peace (2)
- Sexuality and the Law (2)
- Social and Behavioral Sciences (2)
- Arts and Humanities (1)
- Business Organizations Law (1)
- Conflict of Laws (1)
- Criminal Procedure (1)
- Dispute Resolution and Arbitration (1)
- Economics (1)
- Education Law (1)
- Elder Law (1)
- Evidence (1)
- Family Law (1)
- Gender and Sexuality (1)
- Health Law and Policy (1)
- History of Art, Architecture, and Archaeology (1)
- International Humanitarian Law (1)
- International and Area Studies (1)
- Jurisdiction (1)
- Institution
- Publication
-
- Faculty Publications (4)
- Dr. Saumya Uma (2)
- Human Rights Brief (2)
- Prof. Eric Heinze, Queen Mary University of London (2)
- Ana Filipa Vrdoljak (1)
-
- Anne Marie Morris (1)
- Articles in Law Reviews & Other Academic Journals (1)
- C. Peter Erlinder (1)
- Cornell Law Faculty Working Papers (1)
- Cornell Law School Inter-University Graduate Student Conference Papers (1)
- D. A. Jeremy Telman (1)
- David C. Gray (1)
- Faculty Journal Articles and Book Chapters (1)
- Law Faculty Publications (1)
- Maxwell O. Chibundu (1)
- Patrick Matthew Hassan-Morlai (1)
- Peter G. Danchin (1)
- Randle C DeFalco (1)
- Ryan M. Riegg (1)
- Scholarly Works (1)
- Publication Type
Articles 1 - 26 of 26
Full-Text Articles in Human Rights Law
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
Faculty Publications
We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state’s fiduciary duty to provide equal security under the rule of law, a duty that flows from the state’s institutional assumption of irresistible sovereign powers.
Evidence In International Criminal Trials: Lessons And Contributions From The Special Court For Sierra Leone, Patrick Matthew Hassan-Morlai
Evidence In International Criminal Trials: Lessons And Contributions From The Special Court For Sierra Leone, Patrick Matthew Hassan-Morlai
Patrick Matthew Hassan-Morlai
The general aim of this paper is to contribute to the discourse on the development of a system of international criminal justice. In so doing, this paper will pay attention to one aspect – rules of evidence – and examine its role in ensuring the rights to fair trial. The examination is limited to discussing offences relating to the jurisdiction ratione materiae of the SCSL contained in Articles 2-5 of the SCSL Statute.
Devilry, Complicity, And Greed: Transitional Justice And Odious Debt, David C. Gray
Devilry, Complicity, And Greed: Transitional Justice And Odious Debt, David C. Gray
David C. Gray
The doctrine of odious debts came into its full in the eighteenth and early nineteenth century to deal with the financial injustices of colonialism and its stalking horse, despotism. The basic rule, as articulated by Alexander Sack in 1927, is that debts incurred by an illegitimate regime that neither benefit nor have the consent of the people of a territory are personal to the regime and are subject to unilateral recision by a successor government. While the traditional doctrine focused on the nature and circumstances of individual debts, it has been expanded in recent years, moving the focus from the …
Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks
Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks
Scholarly Works
The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …
International Treaties On Human Rights, Saumya Uma
International Treaties On Human Rights, Saumya Uma
Dr. Saumya Uma
Unpackaging Human Rights: Concepts, Campaigns & Concerns, Saumya Uma
Unpackaging Human Rights: Concepts, Campaigns & Concerns, Saumya Uma
Dr. Saumya Uma
The United Nations Declaration On The Rights Of Indigenous Peoples: A New Dawn For Indigenous Peoples Rights?, Ronald Kakungulu
The United Nations Declaration On The Rights Of Indigenous Peoples: A New Dawn For Indigenous Peoples Rights?, Ronald Kakungulu
Cornell Law School Inter-University Graduate Student Conference Papers
Governments in many countries of the world struggle with how to accommodate properly the needs and claims [rights] of native/indigenous peoples within their jurisdictions whose presence long predates European conquest and occupation. In this paper, a comparison and contrast of the approaches of the African and other jurisdictions whose jurisprudence is informative to the protection of the rights of African indigenous peoples, like the Inter-American Court of Human Rights compared with the US, Canada, New Zealand and Australia ‘the big four’ who voted against the UN Declaration on the Rights of Indigenous on September 13, 2007 at the UN General …
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Cornell Law Faculty Working Papers
The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …
The Real Authors Of The Congo Crimes. Nkunda Has Been Arrested But Who Will Arrest Kagame?, C. Peter Erlinder
The Real Authors Of The Congo Crimes. Nkunda Has Been Arrested But Who Will Arrest Kagame?, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Book Review: Henry J. Richardson Iii, The Origins Of African-American Interests In International Law, D. A. Jeremy Telman
Book Review: Henry J. Richardson Iii, The Origins Of African-American Interests In International Law, D. A. Jeremy Telman
Law Faculty Publications
This short review evaluates Professor Richardson's book both as a contribution to the history of the Atlantic slave trade and as contribution to critical race theory.
Professor Richardson has read innumerable historical monographs, works of legal and sociological theory, international law and critical race theory. Armed with this store of knowledge, he is able to recount a detailed narrative of African-American claims to, interests in and appeals to international law over approximately two centuries spanning, with occasional peeks both forward and backward in time, from the landing of the first African slaves at Jamestown in 1619 to the 1815 Treaty …
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Tortious Compensation In China, Anne Marie Morris
Tortious Compensation In China, Anne Marie Morris
Anne Marie Morris
No abstract provided.
History And Evolution Of International Cultural Heritage Law: Through The Question Of The Removal And Return Of Cultural Objects, Ana Filipa Vrdoljak
History And Evolution Of International Cultural Heritage Law: Through The Question Of The Removal And Return Of Cultural Objects, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
The role of law in the removal and return of cultural objects has long been fraught and contested. This paper examines the history and development of the legal protection of cultural heritage at the international level with particular reference to the return of cultural objects.
With a view to facilitating the Intergovernmental Committee's future work, the paper is divided into four parts. First, there is an examination of the historical development of international cultural heritage law in respect of restitution over the last two centuries. Second, the establishment and work of the Intergovernmental Committee is considered in this historical legal …
The Right To Food In Gaza: Israel’S Obligations Under International Law, Randle C. Defalco
The Right To Food In Gaza: Israel’S Obligations Under International Law, Randle C. Defalco
Randle C DeFalco
No abstract provided.
Wild-West Cowboys Versus Cheese-Eating Surrender Monkeys: Some Problems In Comparative Approaches To Extreme Speech, Eric Heinze
Wild-West Cowboys Versus Cheese-Eating Surrender Monkeys: Some Problems In Comparative Approaches To Extreme Speech, Eric Heinze
Prof. Eric Heinze, Queen Mary University of London
All European states ban some form of hate speech. US law precludes such bans. In view of the political and symbolic importance of free speech, it becomes tempting to assume that trans-Atlantic differences towards hate speech reflect deeper cultural divisions.
However, we must pay attention to comparative methodology before drawing ambitious conclusions about cross-cultural social and political differences that derive solely from differences in formal, black-letter norms. In this volume, Robert Post claims that formal, constitutional requirements of content-neutral regulation reflect a freer public sphere in the US, in contrast to the European public sphere.
Yet a legal-realist approach casts …
Cumulative Jurisprudence And Hate Speech: Sexual Orientation And Analogies To Disability, Age And Obesity, Eric Heinze
Cumulative Jurisprudence And Hate Speech: Sexual Orientation And Analogies To Disability, Age And Obesity, Eric Heinze
Prof. Eric Heinze, Queen Mary University of London
Non-discrimination norms in human rights instruments generally enumerate specified categories for protection, such as race, ethnicity, sex or religion, etc. They often omit express reference to sexual minorities.
Through open-ended interpretation, however, sexual minorities subsequently become incorporated. That ‘cumulative jurisprudence’ yields protections for sexual minorities through norms governing privacy, employment, age of consent, or freedoms of speech and association.
Hate speech bans, too, are often formulated with reference to traditionally recognised categories, particularly race and religion. It might be expected that the same cumulative jurisprudence should therefore be applied to include sexual minorities. In this article, that approach is challenged. …
Clitoridectomy And The Economics Of Islamic Marriage And Divorce Law - Ryan M Riegg - 2009, Ryan M. Riegg
Clitoridectomy And The Economics Of Islamic Marriage And Divorce Law - Ryan M Riegg - 2009, Ryan M. Riegg
Ryan M. Riegg
No abstract provided.
Book Review: Henry J. Richardson Iii, The Origins Of African-American Interests In International Law, D. A. Jeremy Telman
Book Review: Henry J. Richardson Iii, The Origins Of African-American Interests In International Law, D. A. Jeremy Telman
D. A. Jeremy Telman
This short review evaluates Professor Richardson's book both as a contribution to the history of the Atlantic slave trade and as contribution to critical race theory.Professor Richardson has read innumerable historical monographs, works of legal and sociological theory, international law and critical race theory. Armed with this store of knowledge, he is able to recount a detailed narrative of African-American claims to, interests in and appeals to international law over approximately two centuries spanning, with occasional peeks both forward and backward in time, from the landing of the first African slaves at Jamestown in 1619 to the 1815 Treaty of …
International Legal Updates, Carlin Moore, Bryan Bach, Megan Chapman, Soumya Venkatesh, Kate Kovarovic, Angad Singh, Hellia Kanzi
International Legal Updates, Carlin Moore, Bryan Bach, Megan Chapman, Soumya Venkatesh, Kate Kovarovic, Angad Singh, Hellia Kanzi
Human Rights Brief
No abstract provided.
Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of International Armed Conflict, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks
Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of International Armed Conflict, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks
Faculty Journal Articles and Book Chapters
The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …
Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein
Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein
Faculty Publications
No abstract provided.
Foreword: Security Detention, Michael P. Scharf, Gwen Gillespie
Foreword: Security Detention, Michael P. Scharf, Gwen Gillespie
Faculty Publications
Foreword to the International Committee of the Red Cross (ICRC) and the Frederick K. Cox International Law Center at Case Western Reserve University organized a two-day experts meeting on security detention, Cleveland, OH, 2009
Foreword: After Guantanamo, Michael P. Scharf, Sonia Vohra
Foreword: After Guantanamo, Michael P. Scharf, Sonia Vohra
Faculty Publications
“Guantanamo Bay.” To many around the world those two words conjure up haunting images of orange jumpsuit-clad detainees imprisoned behind barbed-wire fences, subjected to the cruelest imaginable interrogation techniques, and held indefinitely without trial, or awaiting trial before military commissions whose procedures violate international law. It is no surprise, then, that the new U.S. administration perceived the Guantanamo Bay detention center and associated detainee policies as an indelible stain on America's moral authority and an impediment to the success of future U.S. foreign policy.
International Legal Updates, Carlin Moore, Bryan Bach, Megan Chapman, Soumya Venkatesh, Kate Kovarovic, Angad Singh, Juvaria Khan
International Legal Updates, Carlin Moore, Bryan Bach, Megan Chapman, Soumya Venkatesh, Kate Kovarovic, Angad Singh, Juvaria Khan
Human Rights Brief
No abstract provided.
Pedagogies Of Comparative Jurisprudence: On The Gleaning Of 'Trans-Cultural Perspectives' From The World's Legal Systems, Maxwell O. Chibundu
Pedagogies Of Comparative Jurisprudence: On The Gleaning Of 'Trans-Cultural Perspectives' From The World's Legal Systems, Maxwell O. Chibundu
Maxwell O. Chibundu
No abstract provided.
Who Is The "Human" In Human Rights? The Claims Of Culture And Religion, Peter G. Danchin
Who Is The "Human" In Human Rights? The Claims Of Culture And Religion, Peter G. Danchin
Peter G. Danchin
Modern critiques of international human rights law force us to confront at least two conceptual puzzles in the area of the claims of culture and religion. The first concerns the two concepts, often run together, of the secular (or secularism) and freedom, and the question of how rights—e.g. the right to freedom of conscience and religion—mediate between these purportedly universal or objective positions and the imagined subjective claims of particular religious or cultural norms. The second concerns the question of what we mean by “human equality” and how this idea relates to deeply-situated issues of collective identity and culture. Such …