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Comparative and Foreign Law

Human rights

ILSA Journal of International & Comparative Law

Articles 1 - 30 of 45

Full-Text Articles in International Law

A Radiographic Analysis Of Compliance With The Decisions Of The Inter-American Court Of Human Rights, Max Silva Abbott Sep 2020

A Radiographic Analysis Of Compliance With The Decisions Of The Inter-American Court Of Human Rights, Max Silva Abbott

ILSA Journal of International & Comparative Law

This study examines the compliance level of all Inter-American Court of Human Rights judgments until December 31, 2018. The paper contrasts the data on implementation with the majority narrative regarding the degree of influence that the Inter-American Court has in protecting human rights. It also includes an Annex listing all court cases and judgments until December 2018 (Judgements on Merits, Complementary Judgments, Provisional Measures, Monitoring Compliance with Judgment and Reimbursement), and their corresponding implementation status (full compliance, partial compliance, unfulfilled, pending).


International Law And Sea Level Rise: The New Ila Committee, Davor Vidas, David Freestone, Jane Mcadam Jan 2015

International Law And Sea Level Rise: The New Ila Committee, Davor Vidas, David Freestone, Jane Mcadam

ILSA Journal of International & Comparative Law

The Intergovernmental Panel on Climate Change (IPCC) has now released its Fifth report.


Current National Security And Human Rights Issues In The United Kingdom, Canada And Hong Kong, Dr. Daniel Alati Jan 2015

Current National Security And Human Rights Issues In The United Kingdom, Canada And Hong Kong, Dr. Daniel Alati

ILSA Journal of International & Comparative Law

In any jurisdiction, national security legislation is not developed or enacted in a vacuum and, as such, interdisciplinary analyses of this legislation are both necessary and useful.


The Treaty Of Lisbon And Accession Of The European Union To The European Convention On Human Rights, Elizabeth F. Defeis Jan 2012

The Treaty Of Lisbon And Accession Of The European Union To The European Convention On Human Rights, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

The Treaty of Lisbon, adopted in December 2009, constitutes a major step in the development of the protection of Human Rights in Europe.


Mr. Ban-Tear Down The U.N'S Wall Of Immunity/Impunity (Before A National Court Does)!!, Great L. Rios, Edward P. Flaherty Jan 2012

Mr. Ban-Tear Down The U.N'S Wall Of Immunity/Impunity (Before A National Court Does)!!, Great L. Rios, Edward P. Flaherty

ILSA Journal of International & Comparative Law

Immunity has been proven to be not only a living anachronism, but one which often leads to impunity for the worst kinds of rights violations.


Transnational Surrpgacy And International Human Rights Law, Barbara Stark Jan 2012

Transnational Surrpgacy And International Human Rights Law, Barbara Stark

ILSA Journal of International & Comparative Law

Surrogacy refers to the process through which a woman intentionally becomes pregnant with a baby that she does not intend to keep.


The U.N. Human Rights Council: Is Its Mandate Well-Designed?, Patrick J. Flood Jan 2009

The U.N. Human Rights Council: Is Its Mandate Well-Designed?, Patrick J. Flood

ILSA Journal of International & Comparative Law

This essay is about the design of the mandate of the United Nations Human Rights Council, which was hammered out after a year of negotiations within the General Assembly and then another year within the newly-created Council itself


The Interaction Of Legal Systems In The Work Of The International Criminal Tribunal For The Former Yugoslavia, H.E. Judge Patrick Robinson Jan 2009

The Interaction Of Legal Systems In The Work Of The International Criminal Tribunal For The Former Yugoslavia, H.E. Judge Patrick Robinson

ILSA Journal of International & Comparative Law

The International Criminal Tribunal for the Former Yugoslavia (Tribunal) where I work is a court with a mandate to try individuals for the most serious violations of international humanitarian law committed during the conflict that engulfed Yugoslavia in the 1990s.


Dual System Of Human Rights: The European Union, Elizabeth Defeis Jan 2007

Dual System Of Human Rights: The European Union, Elizabeth Defeis

ILSA Journal of International & Comparative Law

Developments in the area of human rights continue to figure prominently in the evolving jurisprudence of the European Union.


Hate Speech Under The American Convention On Human Rights, Eduardo Bertoni Jan 2006

Hate Speech Under The American Convention On Human Rights, Eduardo Bertoni

ILSA Journal of International & Comparative Law

Good morning and thank you for inviting me to participate in this conference. Today I would like to address a very important and novel topic in the Americas-the issue of hate speech.


The Applicability Of International Human Rights Law To The Coalition Provisional Authority (Cpa) And Foreign Military Presence In Iraq, Ralph Wilde Jan 2005

The Applicability Of International Human Rights Law To The Coalition Provisional Authority (Cpa) And Foreign Military Presence In Iraq, Ralph Wilde

ILSA Journal of International & Comparative Law

When the prisoner abuse scandal in Abu Ghraib prison in Baghdad, Iraq, broke in the Spring of 2004, Lord Lester, a British Parliamentarian, submitted a written parliamentary question to the U.K. government asking the following: [W]hether the Coalition Provisional Authority or the Coalition Forces are required by law to respect the fundamental human rights of Iraqi people, as defined in the bill of rights contained in the transitional administrative law for Iraq or otherwise; and if not, what recourse is available to the people of Iraq for breaches of those rights by the Authority or the forces.


The International Criminal Court And Human Rights Enforcement In Africa, Obasi Okafor-Obasi Jan 2005

The International Criminal Court And Human Rights Enforcement In Africa, Obasi Okafor-Obasi

ILSA Journal of International & Comparative Law

The inauguration of a permanent tribunal for the prosecution of serious crimes has raised anew the problem of enforcement of human rights in international law.


Playing Hide And Seek With International Justice: What Went Wrong In Indonesia And East Timor, Stefanie Frease Jan 2004

Playing Hide And Seek With International Justice: What Went Wrong In Indonesia And East Timor, Stefanie Frease

ILSA Journal of International & Comparative Law

In discussing the justice processes used in Indonesia and East Timor to hold individuals accountable for serious violations of international law com- mitted in East Timor, it is important to emphasize that the problems are rooted in politics not the rule of law.


Early American Conflicts And Modern African Practices: A Comparative Commentary On Constitutionalism, Gloria J. Browne-Marshall Jan 2004

Early American Conflicts And Modern African Practices: A Comparative Commentary On Constitutionalism, Gloria J. Browne-Marshall

ILSA Journal of International & Comparative Law

I am most honored to introduce this panel titled African Countries at the Crossroads of Human Rights Development, the Rule of Law, and Economic Priorities.


Litigating Humanrights Abuses In United States Courts: Recent Developments, Elizabeth F. Defeis Jan 2004

Litigating Humanrights Abuses In United States Courts: Recent Developments, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

During the last quarter of a century, litigation in United States courts to address human rights abuses that occur beyond the shores of the United States has increased dramatically.


King Arthur In A Yankee Court: The United States Supreme Court's Use Of European Law In Lawrence V. Texas, J. Andrew Atkinson Jan 2003

King Arthur In A Yankee Court: The United States Supreme Court's Use Of European Law In Lawrence V. Texas, J. Andrew Atkinson

ILSA Journal of International & Comparative Law

In July 2003, the United States Supreme Court ruled in a six to three decision' that a state statute proscribing "deviate sexual intercourse with another individual of the same sex ' 2 violated the United States Constitution.


The United Kingdom's Human Rights Act Of 1998: Willthe Parliament Relinquish Its Soverignty To Ensure Human Rights Protection In Domestic Courts?, Christina M. Kitterman Jan 2001

The United Kingdom's Human Rights Act Of 1998: Willthe Parliament Relinquish Its Soverignty To Ensure Human Rights Protection In Domestic Courts?, Christina M. Kitterman

ILSA Journal of International & Comparative Law

The United Kingdom has come into the new millennium with an unprecedented written set of human rights for its citizens.


Human Rights And Development In The 21st Century: The Complex Path To Peace And Democracy: Themes From The 2000 Goodwin Seminar, Douglas Lee Donoho Jan 2001

Human Rights And Development In The 21st Century: The Complex Path To Peace And Democracy: Themes From The 2000 Goodwin Seminar, Douglas Lee Donoho

ILSA Journal of International & Comparative Law

As the twenty-first century begins, the international human rights system faces a profound anomaly.


Freedom Of Expression In The Inter-American System For The Protection Of Human Rights, Claudio Grossman Jan 2001

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

ILSA Journal of International & Comparative Law

Freedom of expression is one of democracy's fundamental values. Its importance takes on special connotations in nations where the separation of powers is fragile


What Is Needed To Protect International Human Rights In The 21st Century, Oscar Arias Jan 2001

What Is Needed To Protect International Human Rights In The 21st Century, Oscar Arias

ILSA Journal of International & Comparative Law

International human rights is a subject of special significance to me, as a citizen and former President of Costa Rica.


Evolving Human Rights Norms Around Sexuality, Kristen L. Walker Jan 2000

Evolving Human Rights Norms Around Sexuality, Kristen L. Walker

ILSA Journal of International & Comparative Law

International human rights law has only very recently begun to address issues of sexual identity.


Human Rights Environment And Development In South Asia, Ali M. Qazilbash Jan 2000

Human Rights Environment And Development In South Asia, Ali M. Qazilbash

ILSA Journal of International & Comparative Law

The fundamental importance of the issue of Human Rights and the environment to any society is deeply appreciated today.


Self-Determination For Indigenous Peoples After Kosovo: Translating Self-Determination "Into Practice" And "Into Peace", Lorie M. Graham Jan 2000

Self-Determination For Indigenous Peoples After Kosovo: Translating Self-Determination "Into Practice" And "Into Peace", Lorie M. Graham

ILSA Journal of International & Comparative Law

Numerous scholars have traced the early origins of self-determination from the Marxist precepts of class liberation to the Wilsonian ideals of democracy and freedom.


The Imprint Of Kosovo On The Law Of Humanitarian Intervention, Julie Mertus Jan 2000

The Imprint Of Kosovo On The Law Of Humanitarian Intervention, Julie Mertus

ILSA Journal of International & Comparative Law

For nearly ten years, human rights advocates have tried to focus public attention on Kosovo.


Human Rights, Environment And Development In South Asia: The Importance Of International Human Rights Law, Clarence J. Dias Jan 2000

Human Rights, Environment And Development In South Asia: The Importance Of International Human Rights Law, Clarence J. Dias

ILSA Journal of International & Comparative Law

At first blush, development would appear to be the prime vehicle for promoting realization of human rights such as the right to an adequate standard of living; rights of education, food, and housing; the right to work; and the right to social security.


The Importance Of The Universal Declaration Of Human Rights In The Past And Future Of The United Nation's Human Rights Efforts, Elsa Stamatopoulou Jan 1999

The Importance Of The Universal Declaration Of Human Rights In The Past And Future Of The United Nation's Human Rights Efforts, Elsa Stamatopoulou

ILSA Journal of International & Comparative Law

After fifty years since the adoption of the Universal Declaration of Human Rights [hereinafter UDHR] it is legitimate to ask whether the UDHR is at the root of all the positive international action in the last five decades.


The Legacy Of The Universal Declaration Of Human Rights, Anne F. Bayefsky Jan 1999

The Legacy Of The Universal Declaration Of Human Rights, Anne F. Bayefsky

ILSA Journal of International & Comparative Law

The Universal Declaration of Human Rights embodies three essential features: (1) it articulated shared, universal values; (2) it identified and strengthened the significance of the individual as a subject of international law, and (3) it declared and emphasized the responsibilities of states to- wards individuals.


From Seneca Falls To The Fiftieth Anniversary Of The Universal Declaration Of Human Rights-Gauging The Campaign For The Human Rights Of Women, Jessica Neuwirth Jan 1999

From Seneca Falls To The Fiftieth Anniversary Of The Universal Declaration Of Human Rights-Gauging The Campaign For The Human Rights Of Women, Jessica Neuwirth

ILSA Journal of International & Comparative Law

This year marks the 150th anniversary of the Declaration of Sentiments, a declaration of women's rights adopted in Seneca Falls at a meeting which inaugurated the women's suffrage movement in the United States.


Torture And Cruel, Inhumane And Degrading Treatment In The Jurisprudence Of The Inter-American Court Of Human Rights, Julie Lantrip Jan 1999

Torture And Cruel, Inhumane And Degrading Treatment In The Jurisprudence Of The Inter-American Court Of Human Rights, Julie Lantrip

ILSA Journal of International & Comparative Law

Prohibitions against torture and other forms of ill-treatment are well- recognized as basic human rights in international law.


Reparations In The Inter-American System For The Protection Of Human Rights, Victor M. Rodriquez Rescia Jan 1999

Reparations In The Inter-American System For The Protection Of Human Rights, Victor M. Rodriquez Rescia

ILSA Journal of International & Comparative Law

International tribunals in general have within their competence to end conflicts presented by individuals with legal capacity through the issuance of judgments and opinions.