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Full-Text Articles in Rule of Law
The Aba Rule Of Law Initiative Celebrating 25 Years Of Global Initiatives, M. Margaret Mckeown
The Aba Rule Of Law Initiative Celebrating 25 Years Of Global Initiatives, M. Margaret Mckeown
Michigan Journal of International Law
Relying on extensive reports, program documentation, and interviews with important actors in the rule of law movement, this article will explore how one key player in the international-development field—the ABA—has furthered rule of law values through its global programs. The first half of the article surveys the ABA’s involvement in rule of law initiatives. Part I explores the origins of the ABA’s work in this field, which date back to the organization’s founding and took shape after the demise of the former Soviet Union. Part II surveys the expansion of the ABA’s programs beyond Eastern Europe to other regions—a growth …
Reconceptualizing States Of Emergency Under International Human Rights Law: Theory, Legal Doctrine, And Politics, Scott P. Sheeran
Reconceptualizing States Of Emergency Under International Human Rights Law: Theory, Legal Doctrine, And Politics, Scott P. Sheeran
Michigan Journal of International Law
States of emergency are today one of the most serious challenges to the implementation of international human rights law (IHRL). They have become common practice and are associated with severe human rights violations as evidenced by the Arab Spring. The international jurisprudence on states of emergency is inconsistent and divergent, and what now constitutes a public emergency is ubiquitous. This trend is underpinned by excessive judicial deference and abdication of the legal review of states' often dubious claims of a state of emergency. The legal regime, as positively expressed in international human rights treaties, does not adequately reflect the underlying …