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Human Rights Law Commons

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All Articles in Human Rights Law

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12,209 full-text articles. Page 245 of 398.

The Complex Nature, Sources And Evidences Of Customary Human Rights, Jordan J. Paust 2014 University of Houston

The Complex Nature, Sources And Evidences Of Customary Human Rights, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.


The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd 2014 University of North Carolina at Chapel Hill

The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights As Part Of Customary International Law: A Plea For Change Of Paradigms, Anthony D'Amato 2014 Northwestern University

Human Rights As Part Of Customary International Law: A Plea For Change Of Paradigms, Anthony D'Amato

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights And State "Sovereignty", Louis Henkin 2014 Columbia University

Human Rights And State "Sovereignty", Louis Henkin

Georgia Journal of International & Comparative Law

No abstract provided.


The Growing Importance Of Customary International Human Rights Law, Richard B. Lillich 2014 University of Virginia

The Growing Importance Of Customary International Human Rights Law, Richard B. Lillich

Georgia Journal of International & Comparative Law

No abstract provided.


Emerging Limitations On The Rights Of The Child: The U.N. Convention On The Rights Of The Child And Its Early Case Law, Jonathan Todres 2014 Georgia State University College of Law

Emerging Limitations On The Rights Of The Child: The U.N. Convention On The Rights Of The Child And Its Early Case Law, Jonathan Todres

Jonathan Todres

No abstract provided.


A Child Rights Framework For Addressing Trafficking Of Children, Jonathan Todres 2014 Selected Works

A Child Rights Framework For Addressing Trafficking Of Children, Jonathan Todres

Jonathan Todres

No abstract provided.


Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres 2014 Georgia State University College of Law

Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres

Jonathan Todres

The global AIDS pandemic has left more than fifteen million children orphaned. These children constitute one of the most vulnerable populations, yet their situation has received relatively little scrutiny from legal scholars. This Article intends to fill that void by explicating the experience of children orphaned by AIDS, situating it in the broader context of the HIV/AIDS pandemic, and evaluating protections available under international human rights law. Analyzing human rights law as applied to children orphaned by AIDS exposes the extent to which rights are interrelated, particularly for marginalized populations. In current scholarship, the interrelationship among rights, for the most …


The U.S. View Of The Convention On The Rights Of The Child - Time For Reconsideration, Jonathan Todres, Howard Davidson 2014 Georgia State University College of Law

The U.S. View Of The Convention On The Rights Of The Child - Time For Reconsideration, Jonathan Todres, Howard Davidson

Jonathan Todres

No abstract provided.


Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres 2014 Georgia State University College of Law

Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres

Jonathan Todres

In 2000, the international community formally launched the modern movement to combat human trafficking with the United Nations' adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (Trafficking Protocol). With the Trafficking Protocol, the international community created a new cornerstone upon which to build a global initiative to combat this modem form of slavery. As the first major international treaty on human trafficking in half a century, the Trafficking Protocol represented a significant step forward. One hundred forty-seven countries are now party to the …


A Public Health Approach To Human Trafficking, Jonathan Todres 2014 Georgia State University College of Law

A Public Health Approach To Human Trafficking, Jonathan Todres

Jonathan Todres

Trafficked individuals experience physical, sexual and emotional violence at the hands of traffickers, pimps, employers, among others, and are exposed to various workplace, health and environmental hazards. The breadth of the harm suggests a role for a currently underutilized approach: public health methodologies. The field of public health offers vital skills and expertise in the fight against human trafficking.


Health And Human Rights, Jonathan Todres 2014 Georgia State University College of Law

Health And Human Rights, Jonathan Todres

Jonathan Todres

No abstract provided.


Human Rights, American Exceptionalism, And The Stories We Tell, Natsu Taylor Saito 2014 Georgia State University College of Law

Human Rights, American Exceptionalism, And The Stories We Tell, Natsu Taylor Saito

Natsu Taylor Saito

The Universal Declaration of Human Rights represents a remarkable expansion in the recognition of the fundamental rights of all peoples. Nonetheless, consensus on the implementation of these rights is elusive. Two commonly referenced obstacles to achieving such a consensus are: (1) the United States’ practice of unilaterally exempting itself from international human rights treaties, i.e., American exceptionalism; and (2) resistance from those who see the international human rights movement as a means of imposing Western values on non-Western cultures. Considering these as related issues, both deriving from the Eurocentric nature of contemporary international law, this essay suggests that a truly …


Critical Race Theory As International Human Rights Law, Natsu Taylor Saito 2014 Georgia State University College of Law

Critical Race Theory As International Human Rights Law, Natsu Taylor Saito

Natsu Taylor Saito

No abstract provided.


Complementarity And Post-Coloniality, Nirej S. Sekhon 2014 Georgia State University College of Law

Complementarity And Post-Coloniality, Nirej S. Sekhon

Nirej Sekhon

The International Criminal Court’s jurisdiction is complementary to that of national criminal jurisdictions. While most agree that complementarity is a cornerstone principle, debate continues as to what precisely it should mean for the ICC’s relationship to national criminal justice actors. “Positive complementarity,” a view many commentators hold, suggests that the ICC should use its power to educate, persuade, and prod states parties to undertake international criminal law investigations. For positive complementarity’s more optimistic proponents, the future holds promise for a coordinated system of global justice in which the ICC plays a secondary role to national courts in vindicating international criminal …


Crossing The Border: The Interdependence Of Foreign Policy And Racial Justice In The United States, Natsu Taylor Saito 2014 Selected Works

Crossing The Border: The Interdependence Of Foreign Policy And Racial Justice In The United States, Natsu Taylor Saito

Natsu Taylor Saito

Scholars, social activists, and policy makers often regard the United States' foreign policy as it relates to human rights and its domestic policy with respect to race as distinct areas, separated by the nation's border. Although this border exists geographically, through the assertion of jurisdiction, and in the recognition of citizenship, is there really a border between our foreign and domestic policy in these matters? The U.S. government is often criticized for failing to comply with international human rights law and for perpetuating economic and racial inequality in its foreign policy. Racism within the United States is recognized as pervasive …


Punitive Injunctions, Nirej S. Sekhon 2014 Selected Works

Punitive Injunctions, Nirej S. Sekhon

Nirej Sekhon

No abstract provided.


State Common-Law Choice-Of-Law Doctrine And Same-Sex "Marriage": How Will States Enforce The Public Policy Exception?, L. Lynn Hogue 2014 Georgia State University College of Law

State Common-Law Choice-Of-Law Doctrine And Same-Sex "Marriage": How Will States Enforce The Public Policy Exception?, L. Lynn Hogue

L. Lynn Hogue

Growth in the number of states legalizing same-sex marriages and civil unions that increasingly mirror the rights afforded married partners has brought renewed focus on the issue of extra-territorial recognition of those relationships. The public policy exception is a primary, state-law-based impediment to the recognition of foreign marriages that do not conform to the forum state's definition of marriage. This article discusses the role of the public policy exception in rejecting recognition of foreign marriages and argues that the public policy exception has constitutional underpinnings that are rooted in principles of federalism and the protection of state sovereignty which inheres …


Institutional Review Boards And Public Health Research: An Analysis, L. Lynn Hogue 2014 Georgia State University College of Law

Institutional Review Boards And Public Health Research: An Analysis, L. Lynn Hogue

L. Lynn Hogue

No abstract provided.


Punishment For Unjust War: First International Court Decision Awarding Damages For Aggression, Allen E. Shoenberger 2014 Loyola University Chicago, School of Law

Punishment For Unjust War: First International Court Decision Awarding Damages For Aggression, Allen E. Shoenberger

Allen E Shoenberger

The Decisions of the European Court of Human Rights Cyprus v. Turkey, both the merits decision in 2001 and the just satisfaction decision in 2014 establish important precedents in international law and stand as a caution to potential aggressor states.


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