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International Humanitarian Law Commons™
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Full-Text Articles in International Humanitarian Law
Hidetoshi Hashimoto On International Law (Sixth Edition). By Malcolm Shaw. New York: Cambridge University Press, 2008. 1542pp., Hidetoshi Hashimoto
Hidetoshi Hashimoto On International Law (Sixth Edition). By Malcolm Shaw. New York: Cambridge University Press, 2008. 1542pp., Hidetoshi Hashimoto
Human Rights & Human Welfare
A review of:
International Law (Sixth Edition). By Malcolm Shaw. New York: Cambridge University Press, 2008. 1542pp.
Necessary Fictions: Indigenous Claims And The Humanity Of Rights, Peter Fitzpatrick
Necessary Fictions: Indigenous Claims And The Humanity Of Rights, Peter Fitzpatrick
Human Rights & Human Welfare
To begin, not propitiously. When checking whether my title ‘Necessary Fictions’ was being used elsewhere, Google revealed that it was going to be used in a future talk, and by me. It transpired mercifully that this use was going to be quite different to the present which suggested the prospect of a new academic genre: same title, different paper; rather than the standard combination of same paper, different title. Fortuitously, that contrast gave me the leitmotiv for this talk – that things ostensibly the same can be different, and that things ostensibly different can be the same.
© Peter Fitzpatrick. …
Missed Opportunity: Congress's Attempted Response To The World's Demand For The Violence Against Women Act, Brenton T. Culpepper
Missed Opportunity: Congress's Attempted Response To The World's Demand For The Violence Against Women Act, Brenton T. Culpepper
Vanderbilt Journal of Transnational Law
The Supreme Court's decision in U.S. v. Morrison struck down, as a violation of the Commerce Clause, § 13,981 of the Violence Against Women Act, that provided a private right of action for victims of gender-motivated violence to assert against their abusers. However, § 13,981 should have been affirmed as implementing legislation designed to fulfill U.S. obligations under the International Covenant on Civil and Political Rights and customary international law. Recognizing § 13,981 as implementing legislation serves as a foundation for the United States to restore itself as a legitimate human rights leader capable of both appreciating its own international …