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Full-Text Articles in International Law
The Neglected Pillar: The "Teaching Tolerance" Provision Of The International Convention On The Elimination Of All Forms Of Racial Discrimination, Stephanie Farrior
The Neglected Pillar: The "Teaching Tolerance" Provision Of The International Convention On The Elimination Of All Forms Of Racial Discrimination, Stephanie Farrior
ILSA Journal of International & Comparative Law
As we celebrate the fiftieth anniversary of the Universal Declaration of Human Rights' this year, I would like to take particular note of the first of the core human rights treaties developed since adoption of the Universal Declaration, the International Convention on the Elimination of All Forms of Racial Discrimination.
The Expert Testimony Before The Inter-American Court Of Human Rights, Ma. Auxiliadora Solano Monge
The Expert Testimony Before The Inter-American Court Of Human Rights, Ma. Auxiliadora Solano Monge
ILSA Journal of International & Comparative Law
The purpose of this essay is to provide a review of the doctrine and jurisprudence of the expert testimony as a probatory medium' used by the Inter-American Court of Human Rights (ICHR, Court, Tribunal) in the issues presented before it
The Discontinuance And Acceptance Of Claims In The Jurispurdence Of The Inter-American Court Of Human Rights, Manuel Ventura Robles
The Discontinuance And Acceptance Of Claims In The Jurispurdence Of The Inter-American Court Of Human Rights, Manuel Ventura Robles
ILSA Journal of International & Comparative Law
When analyzing the contentious jurisprudence of the Inter-American Court of Human Rights ("the Court" or "Inter-American Court"), it is necessary to emphasize the fact that, during its first seventeen years of work, the Court has ruled on the merits of nine cases presented for its consideration
The Federal Common Law Of Universal, Obligatory, And Definable Human Rights Norms, Derek P. Jinks
The Federal Common Law Of Universal, Obligatory, And Definable Human Rights Norms, Derek P. Jinks
ILSA Journal of International & Comparative Law
International law is part of United States law. Indeed, international law - or the "law of nations" in eighteenth century parlance - has been considered part of United States law since the founding. The Judiciary Act of 1789, the enabling legislation of Article III, establishes federal court jurisdiction over torts committed in violation of the law of nations.
Challenges For An Independent Asian Human Rights Commission, Bina D'Costa
Challenges For An Independent Asian Human Rights Commission, Bina D'Costa
ILSA Journal of International & Comparative Law
While there exists a solid body of principles and a wide-ranging and growing number of institutions currently working to promote and protect human rights in Asia, there have unfortunately been few consolidated regional efforts for legal enforcement against violations. An Asian Human Rights Commission is the most logical and sought after body for this purpose.
Reconsidering The Israeli Courts' Application Of Customary International Law In The Human Rights Context, Leonard M. Hammer
Reconsidering The Israeli Courts' Application Of Customary International Law In The Human Rights Context, Leonard M. Hammer
ILSA Journal of International & Comparative Law
Discussions regarding the problem of identifying customary international law have essentially focused on two principal issues.
Pleadings And Authorities, Arden
Pleadings And Authorities, Arden
ILSA Journal of International & Comparative Law
Under customary international law, criminal defendants have a fundamental right to a fair trial.
Universality Of Human Rights And Thedeath Penalty-The Approach Of The Human Rights Committee, Markus G. Schmidt
Universality Of Human Rights And Thedeath Penalty-The Approach Of The Human Rights Committee, Markus G. Schmidt
ILSA Journal of International & Comparative Law
The application of the death penalty has occupied a number of United Nations human rights treaty bodies, and in particular the Human Rights Committee established under article 28 of the International Covenant on Civil and Political Rights (hereinafter referred to as ICCPR).
Universality Of Human Rights: The Case Of The Death Penalty, Christina M. Cerna
Universality Of Human Rights: The Case Of The Death Penalty, Christina M. Cerna
ILSA Journal of International & Comparative Law
THE ISSUE OF THE UNIVERSALITY OF HUMAN RIGHTS
Forty-five years after the adoption of the Universal Declaration of Human Rights the international community met in Vienna to elaborate the human rights agenda for the next twenty-five years.
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane F. Orentlicher
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane F. Orentlicher
ILSA Journal of International & Comparative Law
I am fortunate to have as a foundation for my remarks Professor Roht-Arriaza's lucid presentation of the principal sources of international law bearing on amnesties for gross violations of human rights.
Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson
Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson
ILSA Journal of International & Comparative Law
In June of 1995, the Mexican government requested the extradition of former Deputy Attorney General Mario Ruiz Massieu, who was accused of engaging in a cover-up in the investigation of the assassination of his own brother, a top official in Mexico's ruling party.
A Human Rights Agenda For The Next Administration, Gare A. Smith
A Human Rights Agenda For The Next Administration, Gare A. Smith
ILSA Journal of International & Comparative Law
I would like to thank the American branch of the International Law Association for inviting me here today. It's a pleasure to join such a distinguished group of business people, scholars, and community leaders.
Indirect Incorporation Of Human Rights Treaty Provisions In Criminal Cases In United States Courts, Mark Andrew Sherman
Indirect Incorporation Of Human Rights Treaty Provisions In Criminal Cases In United States Courts, Mark Andrew Sherman
ILSA Journal of International & Comparative Law
The Treaties
The recent ratification by the United States of the International Covenant on Civil and Political Rights (ICCPR)' and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention)2 raise important possibilities for the rights of criminal defendants in United States courts
A Defense Of Unilateral Or Multi-Lateral Intervention Where A Violation Of International Human Rights Law By A State Constitutes An Implied Waiver Of Sovereignty, Mitchell A. Meyers
A Defense Of Unilateral Or Multi-Lateral Intervention Where A Violation Of International Human Rights Law By A State Constitutes An Implied Waiver Of Sovereignty, Mitchell A. Meyers
ILSA Journal of International & Comparative Law
This paper seeks to defend United States intervention in states that violate international human rights law. To explain the modem framework behind the legal justifications for intervention, it is necessary to review the historical development of international human rights law, the concept of sovereignty, and the continuing conflict between the two principles.
The World Bank And Human Rights: Indispensable Partnership Or Mismatched Alliance?, Halim Moris
The World Bank And Human Rights: Indispensable Partnership Or Mismatched Alliance?, Halim Moris
ILSA Journal of International & Comparative Law
The recent escalation of human rights abuses around the world has led many to question the effectiveness of the current methods used to enforce and/or monitor human rights around the globe.