International Humanitarian Law Commons^™

Feeling The Heat Of Human Rights Branding: Bringing Transnational Corporations Within The International Human Rights Fence, Robert Mccorquodale

Human Rights & Human Welfare

A review of:

Human Rights Standards and the Responsibility of Transnational Corporations edited by Michael K. Addo. The Hague: Kluwer Law International, 1999. 384pp.

Capitalizing On Market Reforms: Facets Of Legal Development In Contemporary China, Stefanie Elbern

Human Rights & Human Welfare

A review of:

Law and Justice in China’s New Marketplace by Ronald C. Keith and Zhiqiu Lin. New York: Palgrave, 2001. 315pp.

and

Profits and Principles: Global Capitalism and Human Rights in China by Michael A. Santoro. Ithaca, NY: Cornell University Press, 2000. 256pp.

Trends. Human Rights And Politics: The Wrong Argument Against The International Criminal Court, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the International Criminal Court, or ICC. At issue is the contention that the ICC has been used primarily as a political tool for settling vendettas against the governments of nation-states and/or the leaders of these states instead of furthering human rights through adjudicating allegations of genocide, crimes against humanity, and war crimes.

That Someone Guilty Be Punished: The Impact Of The Icty In Bosnia, Diane Orentlicher

Reports

In That Someone Guilty Be Punished, Diane F. Orentlicher, professor of law at American University, looks at the effects and effectiveness of the ICTY, including lessons to improve future efforts to provide justice for survivors of atrocious crimes. Perhaps most importantly, Orentlicher examines the impact of the tribunal through the words and experiences of those in whose name it was established: the victims and survivors. Their expectations, hopes, and disappointments are chronicled alongside the tribunal’s achievements and limitations. Based on hundreds of hours of interviews—and featuring the voices and perceptions of dozens of Bosnian interlocutors—That Someone Guilty Be Punished provides …

Conjoining International Human Rights Law With Enterprise Liability For Accidents, Anita Bernstein

Faculty Scholarship

No abstract provided.

Now We Know About Pinochet, But Where Do We Go From Here?, Gerald Robert Pace

Human Rights & Human Welfare

A review of Chile Under Pinochet: Recovering the Truth. Philadelphia: University of Pennsylvania Press (Pennsylvania Studies in Human Rights), 1999. 296pp.

General Augusto Pinochet, who served as military and civil leader of Chile from 1973 until 1990, forged perhaps one of the most authoritarian regimes ever to govern in the Western Hemisphere. Spearheading the violent coup d’état that ousted socialist President Salvador Allende, Pinochet not only achieved power, but also created a personalistic dictatorship bolstered by a military run governmental bureaucracy to secure his rule. And indeed, this combination perpetuated Pinochet’s seventeen-year tenure.

The Evolution Of International Humanitarian Law, Valerie Oosterveld, Darryl Robinson

Law Publications

Written by diplomatic practitioners, Human Security and the New Diplomacy is a straightforward account of challenges already overcome and the prospect for further progress. From the evolution of peace-keeping, to peacebuilding, humanitarian intervention, war-affected children, international humanitarian law, the International Criminal Court, the economic agendas of conflict, transnational crime, and the emergence of connectivity and a global civil society, the authors offer new insights into the importance of considering these issues as part of a single agenda. Human Security and the New Diplomacy is a case-study of a major Canadian foreign policy initiative and a detailed account of the first …

A Trade/Human Rights Linkage By The United States: Is Enforcing Human Rights By Use Of Trade Sanctions Effective?, Blaise Omondi Odhiambo

LLM Theses and Essays

Universally held basic human rights must remain separate from political rights. Such basic human rights are those that are so universal that all societies, systems, nations, and ideology could, and do espouse them. Conversely, political rights are those that are dependent upon compatibility with the system of government in place and arc therefore far less likely to gamer universal support. An effective multilateral enforcement mechanism can only succeed if there are universal agreement and acceptance of the protected rights. Accordingly, at the outset of such a mechanism, only basic human rights may be enforced through trade sanctions. Once such a …

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 …

Ethical And Humanitarian Concerns Add A New Dimension To International Security In The Post-Cold War World, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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 …

Interpreting Intervention, Craig Scott

Articles & Book Chapters

The present article, written in May 2001, discusses the significance for the doctrine of humanitarian intervention of the normative signaling practices that transpired throughout the 1990s with respect to the use of military force outside of explicit authorization by UN Security Council resolutions. The first part of the article analyses the sociological and legal-theoretical dimensions of the relationship between interpretation of Security Council resolutions and the interpretive evolution of the UN Charter. Iraq and Kosovo then provide the focus for contextualizing the analysis. The article ends with an account of the interplay of the powers of the General Assembly and …

Justice In Africa: Rwanda's Genocide, Its Courts, And The Un Criminal Tribunal, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.

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 …

Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Freedom Of Expression In The Inter-American System For The Protection Of Human Rights, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Competing Frameworks For Assessing Contemporary Holocaust-Era Claims, Vivian Grosswald Curran

Articles

There are many angles from which to perceive the contemporary holocaust-era claims. In 1997, Time magazine quoted Elie Wiesel as saying that, [i]f all the money in all the Swiss banks were turned over, it would not bring back the life of one Jewish child. But the money is a symbol. It is part of the story. If you suppress any part of the story, it comes back later, with force and violence.

Wiesel touches on two perspectives: first, what has been described as litigating the holocaust, with all that that implies about the law's questionable capacity to adjudicate issues …

Crafting The International Criminal Court: Trials And Tribulations In Article 98(2), Chimene I. Keitner

Chimene I Keitner

No abstract provided.