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International Humanitarian Law Commons™
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Articles 1 - 2 of 2
Full-Text Articles in International Humanitarian Law
Interim Measures In International Human Rights: Evolution And Harmonization, Jo M. Pasqualucci
Interim Measures In International Human Rights: Evolution And Harmonization, Jo M. Pasqualucci
Vanderbilt Journal of Transnational Law
In this Article, the Author undertakes a comprehensive study of interim measures ordered in human rights cases before six international enforcement bodies--the International Court of Justice, the European Court of Human Rights, the Inter-American Court of Human Rights, the United Nations Human Rights Committee, the United Nations Committee against Torture, and the Inter-American Commission on Human Rights. An order of interim measures may require that the State take positive action, such as providing protection for human rights activists or journalists, or it may call upon the State to refrain from taking action, such as not extraditing a person or delaying …
Tort Au Canadien: A Proposal For Canadian Tort Legislation On Gross Violations Of International Human Rights And Humanitarian Law, Caroline Davidson
Tort Au Canadien: A Proposal For Canadian Tort Legislation On Gross Violations Of International Human Rights And Humanitarian Law, Caroline Davidson
Vanderbilt Journal of Transnational Law
Despite Canada's strong rhetoric on the protection of human rights, Canada lacks a meaningful tort scheme for gross human rights violations akin to that of the United States. This Article argues that legislation to facilitate tort suits for gross violations of international human rights and humanitarian law can be consistent with, and in fact supports, Canada's commitments to human rights, the rule of law and multilateralism. In particular, provincial tort legislation should be one of a panoply of mechanisms in place to punish and deter violations of international humanitarian and human rights law. This Article proposes the shape of the …