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International Humanitarian Law Commons™
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Full-Text Articles in International Humanitarian Law
State Responsibility For Forced Migration, Pooja R. Dadhania
State Responsibility For Forced Migration, Pooja R. Dadhania
Faculty Scholarship
International refugee law does not hold states accountable for the forced migration they cause. Using the international law doctrine of state responsibility, this Article aims to shift the discourse on migration policy towards a state accountability approach that considers the role states play in causing forced migration. This Article uses state responsibility to explore the obligations of a state after it commits a violation of international law that results in forced migration. The general principle undergirding state responsibility is that a state should provide full reparation for harms caused by its violation of an international obligation. Applying state responsibility to …
Valuing Life: A Human Rights Perspective On The Calculus Of Regulation, William J. Aceves
Valuing Life: A Human Rights Perspective On The Calculus Of Regulation, William J. Aceves
Faculty Scholarship
How much is a human life worth? This is both a puzzling and subversive question for human rights advocates to consider. The concept of human rights is premised on the sanctity and inviolability of human life as well as the equality of all human beings. Indeed, the right to life and the corollary right to be free from the arbitrary deprivation of life constitute the defining human right. To place a price on the value of human life is, thus, unsettling. And yet, monetary valuation of human life occurs frequently. Governments use cost-benefit analysis and calculations regarding the value of …