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The Silencing Of Human Rights Activists In Egypt Post-Revolution, Jennifer Helmy 2017 University of Miami Law School

The Silencing Of Human Rights Activists In Egypt Post-Revolution, Jennifer Helmy

University of Miami International and Comparative Law Review

No abstract provided.


The Transformation Of Human Rights Litigation: The Alien Tort Statute, The Anti-Terrorism Act, And Jasta, Stephen J. Schnably 2017 University of Miami School of Law

The Transformation Of Human Rights Litigation: The Alien Tort Statute, The Anti-Terrorism Act, And Jasta, Stephen J. Schnably

University of Miami International and Comparative Law Review

A quarter century ago, the prospects for federal civil litigation of international human rights violations under the Alien Tort Statute (ATS) seemed bright. With the statute’s modern revival, a decade earlier in Filártiga, foreign nationals, often with no recourse in their own countries, had a forum for judicial vindication of a broad range of wrongs by state officials, multinational corporations, and even, in limited circumstances, foreign states themselves. The Supreme Court’s Kiobel decision in 2013, however, may signal the end of the Filártiga revolution, with Congress’s seeming acquiescence: Congress, after all, could amend the ATS if it ...


Autonomous Weapons And Weapon Reviews: The Uk Second International Weapon Review Forum, James Farrant, Christopher M. Ford 2017 Development, Concepts and Doctrine Centre, UK Ministry of Defence

Autonomous Weapons And Weapon Reviews: The Uk Second International Weapon Review Forum, James Farrant, Christopher M. Ford

International Law Studies

This article considers how military lawyers completing weapon reviews might approach their legal duties if confronted with a weapon system that incorporates autonomous technology or artificial intelligence. The article begins by reviewing current and likely near future technological capabilities before considering whether existing international humanitarian law can adequately regulate these technologies. While noting the widespread lack of compliance with Article 36 of Additional Protocol I, the article argues that, properly applied, Article 36 is an effective gatekeeper for keeping unlawful weapon systems from the battlefield. After assessing the feasibility of a preemptive ban on autonomous weapons based on “meaningful human ...


The Conduct Of Hostilities And International Humanitarian Law: Challenges Of 21st Century Warfare, International Law Association Study Group on the Conduct of Hostilities in the 21st Century 2017 U.S. Naval War College

The Conduct Of Hostilities And International Humanitarian Law: Challenges Of 21st Century Warfare, International Law Association Study Group On The Conduct Of Hostilities In The 21st Century

International Law Studies

The International Law Association Study Group on the Conduct of Hostilities in the 21st Century was established in 2011 and held its first meeting in 2012. The Study Group has explored numerous issues arising from the relationship between international humanitarian law (IHL) and international human rights law in the conduct of military operations, technological challenges posed by new weapons systems, and the basic principles of IHL in the conduct of hostilities. In 2015, the Study Group established three working groups focusing on core issues within IHL in relation to the conduct of hostilities in modern warfare. These working group topics ...


Taiwan: A Derogation Of International Law?, Brian Christopher Jones 2017 University of Dundee

Taiwan: A Derogation Of International Law?, Brian Christopher Jones

Brian Christopher Jones

No abstract provided.


The Anglo-Latin Divide And The Future Of The Inter-American System Of Human Rights, Paolo G. Carozza 2017 Notre Dame Law School

The Anglo-Latin Divide And The Future Of The Inter-American System Of Human Rights, Paolo G. Carozza

Paolo G. Carozza

A former President of the Inter-American Commission on Human Rights, Paolo Carozza draws on his personal experience to identify and propose solutions for a key flaw in the Inter-American Human Rights System: the division between English-language member states and states with Latin-based languages. Terming this division "The Anglo-Latin Divide," Carozza traces the division not only to linguistic difference, but also to differences in legal traditions. He explains how the differences between Anglo tradition of common law and the Latin tradition of civil law manifest in both substantive and procedural divides within the Inter-American Human Rights system, including in sensitive areas ...


Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez 2017 The University of Western Ontario

Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez

Electronic Thesis and Dissertation Repository

The primary focus of this thesis is to analyze and compare the legal systems enacted to protect working women in Colombia and Canada. This thesis focuses on: the protection of maternity and parental rights; the principle of equal pay for work of equal value; and discrimination in employment (including harassment). This research argues that the legislative and judicial changes made in each country to protect working women have not led to substantive equality for working women. This thesis also argues that there is a gap between international and national standards, thus a law reform is appropriate and needed in both ...


Final Cut: The West’S Opportunity To Accommodate Asylee Victims Of Female Genital Mutilation, Patricia N. Jjemba 2017 University of Massachusetts School of Law

Final Cut: The West’S Opportunity To Accommodate Asylee Victims Of Female Genital Mutilation, Patricia N. Jjemba

University of Massachusetts Law Review

In an era where immigration and asylum is at the forefront of many western nationals’ minds, so too should be the reasons behind an individual’s intent to seek refuge in a new country. Statistics have shown that one of the pragmatic reasons women and girls, particularly from Middle Eastern and African nations, seek refuge through western asylum programs is to escape or recover from Female Genital Mutilation (FGM). While the practice has been a longstanding tradition in various communities around the world, modern western governments and international entities have moved to abolish the tradition completely, given its alarming implications ...


Seeking Justice, Moving On, Singapore Management University 2017 Singapore Management University

Seeking Justice, Moving On, Singapore Management University

Perspectives@SMU

Transitional justice measures should be used carefully to heal conflict wounds


The Bystander During The Holocaust, Robert A. Goldberg 2017 Professor of History and Director of the Tanner Humanities Center at the University of Utah

The Bystander During The Holocaust, Robert A. Goldberg

Utah Law Review

The German people today have embraced their sense of collective responsibility. They have accepted the seamless case of genocide and its implications are part of the national soul. They have come to full reckoning, determined to remember a difficult past and not repeat it. The Austrians, the Dutch, and the Poles have yet to reach the point of confession or even an awareness of responsibility. Perhaps the most remarkable symbol of national responsibility is the grassroots Stolperstein or Stumble Stone project, which began in Germany in 1992 with the goal to remember the victims of the Holocaust individually. Cobblestone-size concrete ...


The New Human Equity Transactions, Shu-Yi Oei, Diane M. Ring 2017 Tulane Law School

The New Human Equity Transactions, Shu-Yi Oei, Diane M. Ring

Shu-Yi Oei

This article begins to explore the legal and policy implications of a new form of financing -- income sharing agreements -- which have raised concerns that the effectively created "equity" in humans.


Understanding "Hostage-Diplomacy": The Release Of Wei Jingsheng And Wang Dan, Hari M. Osofsky 2017 Selected Works

Understanding "Hostage-Diplomacy": The Release Of Wei Jingsheng And Wang Dan, Hari M. Osofsky

Hari Osofsky

China recently has released two of its most prominent dissidents, Wei Jingsheng and Wang Dan, into exile in the United States. The releases corresponded to major United States-Chinese diplomatic initiatives without broader gains in allowing political dissent, causing a number of commentators to refer to them as "hostage-diplomacy."' This New Development explores what it means to think of the releases in this way and the implications for future strategic engagement with China.


Sex, Tax And The Charter: A Review Of Thibaudeau V. Canada, Lisa Philipps, Margot Young 2017 Allard School of Law at the University of British Columbia

Sex, Tax And The Charter: A Review Of Thibaudeau V. Canada, Lisa Philipps, Margot Young

Lisa Philipps

Section 15 of the Charter offers the promise of redressing many systemic inequalities in the law. This paper considers the implications of section 15 for the taxation of child support payments, an issue raised in the Thibaudeau case. While endorsing the Federal Court of Appeal's decision that the current tax regime is unconstitutional, the authors take issue with the Court's reasoning in reaching this result. In the first part of their paper, the authors address a number of shortcomings in the Court's equality analysis, arguing that the process employed by the Court ignored critical aspects of equality ...


The Right To Food And The Right To Intellectual Property In The United Nations (Including International Human Rights) And International Trade: Finding The Definition, Darinka Tomic 2017 The University of Western Ontario

The Right To Food And The Right To Intellectual Property In The United Nations (Including International Human Rights) And International Trade: Finding The Definition, Darinka Tomic

Electronic Thesis and Dissertation Repository

Intellectual property (IP) is omnipresent in both the context of the United Nations (UN) system (including international human rights law and the World Intellectual Property Organization (WIPO)), and international trade law, while the right to food has a much lower international profile. IP moved into international trade in 1994 through the TRIPS Agreement. The right to food has no presence in international trade. These two rights are the focus of this study – but are contrasted with several other rights: the right to health and the rights of persons with disabilities. The right to health was not present in international trade ...


Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp 2017 Florida State University

Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp

Georgia State University Law Review

Current legal regulation of medical care for individuals approaching the end of life in the United States is predicated essentially on a factual model emanating from a series of high-profile judicial opinions concerning the rights of adults who become either permanently unconscious or are clearly going to die soon with or without aggressive attempts of curative therapy.

The need for a flexible, adaptable approach to medically treating people approaching the end of their lives, and a similar openness to possible modification of the legal framework within which treatment choices are made and implemented, are particularly important when older individuals are ...


Ending-Life Decisions: Some Disability Perspectives, Mary Crossley 2017 University of Pittsburgh School of Law

Ending-Life Decisions: Some Disability Perspectives, Mary Crossley

Georgia State University Law Review

This Essay considers the challenges to end-of-life decision-making that disability poses. I am perhaps an odd choice to offer the disability perspective on this or any topic, as I am able bodied and of sound mind, at least for the moment. For the past thirty years, however, I have puzzled over how people with disabilities experience the health care system in this country and how the health care system experiences people with disabilities.

This essay does two things. First, it briefly describes the nature of and basis for disability concerns about the liberalization of ending life decisions. This account is ...


The Quantitative Turn In Transitional Justice Research: What Have We Learned About Impact?, Brandon Stewart, Eric Wiebelhaus-Brahm 2017 University of North Texas

The Quantitative Turn In Transitional Justice Research: What Have We Learned About Impact?, Brandon Stewart, Eric Wiebelhaus-Brahm

Transitional Justice Review

In recent years, scholars have increasingly turned to quantitative research methods to understand the impact of transitional justice (TJ) on societies emerging from periods of violence and repression. This research often seeks to influence policy diffusion by making bold claims based upon large datasets of TJ events that span space and time. However, the policy advice from the first wave of quantitative research is inconsistent if not contradictory. In this article, we outline a range of methodological issues that help to explain the different conclusions reached by these studies, including sampling strategies, model construction, and the measurement of key variables ...


No Justice Without Narratives:Transition, Justice And The Khmer Rouge Trials, Tallyn Gray Dr 2017 The University of Westminster

No Justice Without Narratives:Transition, Justice And The Khmer Rouge Trials, Tallyn Gray Dr

Transitional Justice Review

The article addresses the relationship between the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the supposed constituents of that transitional justice institution. The article sets out to offer a sociological methodology that TJ mechanism could contemplate in the process of enabling victims/witnesses to narrate justice and transition in their own terms and using Cambodia as a case study. It offers a theoretical and methodological approach to be reflected upon by transitional justice scholars and practitioners, which may enable a more victim-centered attitude in practical interactions with atrocity survivors ( not a cure-all policy solution ). My own research has ...


Can Domestic Courts Adequately Address Past Torture? The García-Lucero Case And The Meeting Of Justice And Reparations Obligations For Chilean Torture Survivors, Cath Collins 2017 Ulster University, Northern Ireland and Universidad Diego Portales, Santiago, Chile

Can Domestic Courts Adequately Address Past Torture? The García-Lucero Case And The Meeting Of Justice And Reparations Obligations For Chilean Torture Survivors, Cath Collins

Transitional Justice Review

The Americas, home to perhaps the most concerted domestic court effort to prosecute past atrocity crimes in recent times, also has a two-tier regional human rights system that came of age in the era of mass violations in 1970s and 1980s Latin America. Inter-American Court of Human Rights (IACtHR) jurisprudence since the late 1990s can be understood as creating a strong presumption of a present duty to prosecute such crimes, and to actively guarantee corresponding rights to truth, justice, reparations and guarantees of non-repetition – transitional justice rights – to affected individuals or groups. The recent, 2013, IACtHR verdict in the case ...


Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum 2017 University of Toledo College of Law

Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum

Cleveland State Law Review

In dealing with the recently publicized instances of police officers’ use of deadly force, some reform efforts have been focused on the entities that are central to the successful prosecutions of police—the prosecutor and the grand jury. Some have suggested special, independent prosecutors for these cases so that the process of deciding whether to seek charges against police officers remains untainted by the necessary cooperative relationship between the police department and the prosecutor’s office. Others have urged more transparency in the grand jury process so that the public can scrutinize a prosecutor’s efforts in presenting evidence for ...


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