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Articles 1 - 30 of 49
Full-Text Articles in Law
New Trends In African Human Rights Law: Prospects Of An African Court Of Human Rights, Yemi Akinseye-George
New Trends In African Human Rights Law: Prospects Of An African Court Of Human Rights, Yemi Akinseye-George
University of Miami International and Comparative Law Review
No abstract provided.
A Comment On The Complementary Jurisdiction Of The International Criminal Court: Adding Insult To Injury In Transitional Contexts?, Jennifer J. Llewellyn
A Comment On The Complementary Jurisdiction Of The International Criminal Court: Adding Insult To Injury In Transitional Contexts?, Jennifer J. Llewellyn
Dalhousie Law Journal
The author examines the principle of complementarity on which the jurisdiction of the International Criminal Court (ICC) is based. Unlike its predecessors, the International Criminal Tribunals for the former Yugoslavia and Rwanda, the ICC can only take jurisdiction over a case when a state is unwilling or unable to investigate or prosecute. The Court is thus designed to complement the work of national criminal courts. This article assesses whether this admissibility standard will allow the ICC to complement the work of truth commissions like that of the South African Truth and Reconciliation Commission. It concludes that the prospect of an …
Book Review: Women Under The Law: The False Promise Of Human Rights, S. I. Strong
Book Review: Women Under The Law: The False Promise Of Human Rights, S. I. Strong
Faculty Publications
Though McColgan's book promises much, it fails to persuade the reader for several reasons. First, a number of the examples used to demonstrate the inferiority of entrenched rights actually suggest the opposite. The second reason why McColgan fails to persuade results from her forcing constitutional arguments where there are none. The third problem with this book is its failure to extrapolate its arguments about women to other disadvantaged groups.
Despite these shortcomings, there is much in McColgan's book to recommend it. Her prose is fluid, her presentation of US and Canadian law, particularly regarding abortion, is extensive, and her arguments …
Human Rights, The Un Global Compact, And Global Governance, William H. Meyer, Boyka Stefanova
Human Rights, The Un Global Compact, And Global Governance, William H. Meyer, Boyka Stefanova
Cornell International Law Journal
No abstract provided.
Britain And The European Convention, A. W. Brian Simpson
Britain And The European Convention, A. W. Brian Simpson
Cornell International Law Journal
No abstract provided.
Is The Alien Tort Statute Sacrosanct--Retaining Forum Non Conveniens In Human Rights Litigation, Aric K. Short
Is The Alien Tort Statute Sacrosanct--Retaining Forum Non Conveniens In Human Rights Litigation, Aric K. Short
Faculty Scholarship
I argue in this article that no reasonable basis exists to justify federal courts refusing to consider forum non conveniens arguments in cases brought under the Alient Tort Statute; in fact, good reasons exist to retain the doctrine in its undiluted form. The purpose and design of forum non conveniens make it sufficiently flexible to be invoked in even the most compelling human rights cases brought in the United States. If applied properly, the doctrine will identify ATS cases that cannot and should not be dismissed to foreign fora; however, if forum non conveniens operates as it should, it also …
Buffalo's "Prophet Of Protest": The Political Leadership And Activism Of Reverend Dr. Bennett W. Smith, Sr., Sherri Wallace
Buffalo's "Prophet Of Protest": The Political Leadership And Activism Of Reverend Dr. Bennett W. Smith, Sr., Sherri Wallace
Sherri L. Wallace
The United Nations And Civil Society, Jayantha Dhanapala
The United Nations And Civil Society, Jayantha Dhanapala
A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)
7 pages.
Human Rights In The European Union: Internal Versus External Objectives, Elizabeth Shaver Duquette
Human Rights In The European Union: Internal Versus External Objectives, Elizabeth Shaver Duquette
Cornell International Law Journal
No abstract provided.
The Un Global Compact: Responsibility For Human Rights, Labor Relations, And The Environment In Developing Nations, Betty King
Cornell International Law Journal
No abstract provided.
Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann
Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann
Scholarly Works
These remarks were presented on February 24, 2001, in a panel concluding a conference entitled "Holding Multinational Corporations Responsible Under International Law" at Hastings College of the Law, San Francisco, California.
Paraguay's Archive Of Terror: International Cooperation And Operation Condor, Katie Zoglin
Paraguay's Archive Of Terror: International Cooperation And Operation Condor, Katie Zoglin
University of Miami Inter-American Law Review
No abstract provided.
A Critique Of Proposals To Amend The Foreign Sovereign Immunities Act To Allow Suits Against Foreign Sovereigns For Human Rights Violations, Ismael Diaz
University of Miami Inter-American Law Review
No abstract provided.
Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer
Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer
Law Faculty Articles and Essays
Human rights protection needs teeth. And those who work in the disparate field of human rights need to see the system more comprehensively and strategically. Far too often, political issues interfere with enforcement of human rights laws and allow violators to hide behind the unwillingness of national governments to take action to enforce existing laws against human rights violators. Lack of commitment to human rights enforcement or timely preventative or intervention actions have led to violators being left unpunished for torture, rape and genocide. This failure of governments means that there is a lack of deterent power sufficient to inhibit …
Human Rights And Business Ethics: Fashioning A New Social Contract, Wesley Cragg
Human Rights And Business Ethics: Fashioning A New Social Contract, Wesley Cragg
New England Journal of Public Policy
The author speaks about the social contract which is a general understanding of respective responsibilities in complex societies and traces its impact from the Declaration of Independence to more recent times.
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
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
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
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
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.
End-Of-Life And The Good Society, Reuven (Ruvi) Ziegler, Sylviane Colombo
End-Of-Life And The Good Society, Reuven (Ruvi) Ziegler, Sylviane Colombo
Dr. Reuven (Ruvi) Ziegler
The article offers a tentative proposal for legislation which explicitly recognizes a legal right to receive palliative care treatment in Israel
Transitional Justice In Afghanistan : Confronting Violations Of International Humanitarian And Human Rights Law, Peter G. Danchin
Transitional Justice In Afghanistan : Confronting Violations Of International Humanitarian And Human Rights Law, Peter G. Danchin
Faculty Scholarship
After more than two decades of war and foreign interventions, including the US-led military campaign following the 11 September 2001 terrorist attacks, Afghanistan has entered a period of transition and rebuilding. It thus joins a host of other countries—from South Africa to Sierra Leone to East Timor—which have sought in recent years to move from a repressive and violent past to a future based on democracy, the rule of law and respect for fundamental human rights. In this respect, Afghanistan presents one of the most confronting case studies for the field of ‘transitional justice’. This article considers the question of …
On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor C. Romero
On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor C. Romero
Journal Articles
The poignant story of a little boy fished out of the sea after losing his mother to the elements captured the country's imagination and ignited a political firestorm. The Elián González saga drew conflicting opinions from nearly every branch of American local, state, and federal governments.
This article takes no specific position on Elián's situation. Rather, this artivle values the González story for putting a human face on often faceless legal issues. More specifically, Elián's saga raises the following important question: When should the right of the human being to be treated as an individual trump the right of government …
The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley
The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley
Richmond Journal of Global Law & Business
The place of labor standards in the global economy has figured prominently in recent discussions of trade and globalization. Labor standards figured prominently in the Seattle meeting of the World Trade Organization (WTO) in 1999, and they promise to figure prominently in discussions about a proposed Free Trade Area of Americas (FTAA). Labor standards represent a critical issue for both the American labor movement and the international trade union movement as they are central to making globalization work for working people.
How To Defeat A Treaty's Object And Purpose Pending Entry Into Force: Toward Manifest Intent, Jan Klabbers
How To Defeat A Treaty's Object And Purpose Pending Entry Into Force: Toward Manifest Intent, Jan Klabbers
Vanderbilt Journal of Transnational Law
Under Article 18 of the 1969 Vienna Convention on the Law of Treaties, states that have signed or ratified a treaty are supposed to refrain from acts which might defeat the object and purpose of the treaty pending its entry into force. After noting that international lawyers and academics have recognized various types of treaties, the Article begins by observing that traditionally the interim obligation operates well in contractual situations but not in normative situations. Furthermore, the Author argues that where treaties are normative, the traditional conception of the interim obligation is insufficient.
While the interim obligation has been recognized …
The Wisdom And Enforceability Of Welfare Rights As Constitutional Rights , Herman Schwartz
The Wisdom And Enforceability Of Welfare Rights As Constitutional Rights , Herman Schwartz
Human Rights Brief
No abstract provided.
The Right Of Self-Determination: Is East Timor A Viable Model For Kashmir?, Amardeep Singh
The Right Of Self-Determination: Is East Timor A Viable Model For Kashmir?, Amardeep Singh
Human Rights Brief
No abstract provided.
The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney
The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney
Law and Contemporary Problems
McNerney states that many in Congress who oppose the International Criminal Court are also some of the stronger advocates of the US speaking out against human rights abuses around the world. Rather than advocating the creation of an international criminal court that attempts to take decision making authority away from governments and invalidate the rule of law, however, they argue that more should be done to facilitate extradition of criminals to stand trial where they are accused.
A Trade/Human Rights Linkage By The United States: Is Enforcing Human Rights By Use Of Trade Sanctions Effective?, Blaise Omondi Odhiambo
A Trade/Human Rights Linkage By The United States: Is Enforcing Human Rights By Use Of Trade Sanctions Effective?, Blaise Omondi Odhiambo
LLM Theses and Essays
Universally held basic human rights must remain separate from political rights. Such basic human rights are those that are so universal that all societies, systems, nations, and ideology could, and do espouse them. Conversely, political rights are those that are dependent upon compatibility with the system of government in place and arc therefore far less likely to gamer universal support. An effective multilateral enforcement mechanism can only succeed if there are universal agreement and acceptance of the protected rights. Accordingly, at the outset of such a mechanism, only basic human rights may be enforced through trade sanctions. Once such a …
Women's International Tribunal On Japanese Military Sexual Slavery, Christine M. Chinkin
Women's International Tribunal On Japanese Military Sexual Slavery, Christine M. Chinkin
Articles
From December 8 to 12,2000, a peoples' tribunal, the Women's International War Crimes Tribunal 2000, sat in Tokyo, Japan. It was established to consider the criminal liability of leading high-ranking Japanese military and political officials and the separate responsibility of the state of Japan for rape and sexual slavery as crimes against humanity arising out of Japanese military activity in the Asia Pacific region in the 1930s and 1940s.
The immediate background to the tribunal's establishment was a series of events commencing in 1988 when the women's movement in the Republic of Korea began to learn of the research of …
Human Rights International Ngos: A Critical Evaluation, Makau Wa Mutua
Human Rights International Ngos: A Critical Evaluation, Makau Wa Mutua
Contributions to Books
Published as Chapter 7 in NGOs and Human Rights: Promise and Performance, Claude E. Welch, Jr., ed.
The Human rights movement can be seen in a variety of guises. It can be seen as a movement for international justice or as a cultural project for “civilizing savage” cultures. In this chapter, I discuss a part of that movement as a crusade for a political project. International nongovernmental human rights organizations (INGOs), the small and elite collection of human rights groups based in the most powerful cultural and political capitals of the West, have arguably been the most influential component of …