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Full-Text Articles in Rule of Law

Human Rights Approaches Of Corruption Control Mechanisms - Enhancing The Hong Kong Experience Of Corruption Prevention Strategies, C. Raj Kumar May 2004

Human Rights Approaches Of Corruption Control Mechanisms - Enhancing The Hong Kong Experience Of Corruption Prevention Strategies, C. Raj Kumar

San Diego International Law Journal

This Article is intended to make a case for promoting transparency in governance policies from a human rights perspective so as to argue for the development of a human right to good governance in Hong Kong. Secondly, it analyzes the work of the Independent Commission against Corruption (ICAC) in Hong Kong and addresses certain concerns in improving the efficiency of the ICAC. Thirdly, it argues that rights against corruption in Hong Kong should move beyond a law enforcement and public policy issue and attain the status of a human right. Fourthly, this Article examines the growth and development of international …


The Lives Of Animals, The Lives Of Prisoners, And The Revelations Of Abu Ghraib, Charles H. Brower, Ii Jan 2004

The Lives Of Animals, The Lives Of Prisoners, And The Revelations Of Abu Ghraib, Charles H. Brower, Ii

Vanderbilt Journal of Transnational Law

In this Article, Professor Brower suggests that the images depicting inhuman treatment of detainees at the Abu Ghraib prison contain timely lessons about the function and the importance of legal personality. To illustrate this thesis, the Author first identifies animals as a population condemned to an existence bereft of the protections that accompany legal personality. Next, the Author describes the chilling similarities between the treatment of animals and the treatment of prisoners in Iraq and in the so-called "Global War on Terror." Finally, the Author discusses three potential lessons for a nation widely perceived to have retreated from its commitment …


Panel V. Human Rights Commitments In The Americas: From The Global To The Local, Berta E. Hernández-Truyol Jan 2004

Panel V. Human Rights Commitments In The Americas: From The Global To The Local, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay next makes three key observations concerning the rule of law: (1) the relationship between the rule of law and human rights; (2) the interrelatedness of the international rule of law to a local rule of law; and (3) the insights the concept of the rule of law affords to the exploration of the nexus between trade and human rights. To conclude, this piece suggests a holistic approach to the rule of law. Such a model recognizes both the instrumental or rule book dimension and the substantive or rights dimension of the rule of law. It also accepts that …


The United States Supreme Court Rulings On Detention Of "Enemy Combatants" - Partial Vindication Of The Rule Of Law, Douglass Cassel Jan 2004

The United States Supreme Court Rulings On Detention Of "Enemy Combatants" - Partial Vindication Of The Rule Of Law, Douglass Cassel

Journal Articles

In three rulings on prolonged military detention of so-called "unlawful enemy combatants" in the "war" against terrorism, the United States Supreme Court in June 2004 shielded the rule of law from some of the more extreme excesses of the Bush Administration. However, the Court also yielded some ground and left open a number of troublesome questions.