Open Access. Powered by Scholars. Published by Universities.®
International Humanitarian Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in International Humanitarian Law
The Atypical International Status Of The Holy See, Matthew N. Bathon
The Atypical International Status Of The Holy See, Matthew N. Bathon
Vanderbilt Journal of Transnational Law
The Holy See, as personified by the Pope of the Roman Catholic Church, has acquired significant international status over the centuries. In modern times it has not always been clear whether this status arises from the Holy See's status as head of the Church or as ruler of the tiny State of Vatican City. Some view the Holy See's unique international status as an exception to the general rule that only states participate in international affairs. The Holy See has acquired such recognition and authority primarily because of its long-standing involvement in world affairs over the last thousand years. Others …
Self-Determination: Chechnya, Kosovo, And East Timor, Jonathan I. Charney
Self-Determination: Chechnya, Kosovo, And East Timor, Jonathan I. Charney
Vanderbilt Journal of Transnational Law
Hindsight always appears better than foresight. Hopefully, the reexamination of past events will provide lessons for the future. Recent media reports have analyzed the genocide in Rwanda and blamed France, the United States, and the UN Security Council for their failures to take steps that might have prevented or stopped the atrocities. Academic studies also argue how the atrocities in Chechnya, Kosovo, and East Timor may have been prevented or stopped by the United Nations or others in the international community. Such analyses are for international relations authorities and military experts. As an international lawyer, I am reluctant to tread …
Outrelativizing Relativism: A Liberal Defense Of The Universality Of International Human Rights, Robert D. Sloane
Outrelativizing Relativism: A Liberal Defense Of The Universality Of International Human Rights, Robert D. Sloane
Vanderbilt Journal of Transnational Law
This Article seeks to provide a new framework, rooted in classical liberalism, for understanding and defending the universality of international human rights. After reviewing the philosophical and historical development of the idea of universality, Part II argues that none of the traditional justifications for conceiving of international human rights as universal succeed. Cultural pluralism therefore must be accepted as a descriptive truth. But to acknowledge the cultural contingency of values as a descriptive claim does not, by itself, undermine the normative claim that human rights are, or should be, universal. Instead, it points to the need to justify universality within …