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Full-Text Articles in Law
Public Health And Human Health Implications Of Climate Mobility, Julia Neusner, Ama Francis
Public Health And Human Health Implications Of Climate Mobility, Julia Neusner, Ama Francis
Sabin Center for Climate Change Law
Climate change poses significant challenges at the intersection of human and public health, mobility, and international law. Adverse climate impacts undermine the quality of human and public health, contributing to increasing global mobility, while climate-impacted migrants and displaced people can experience severe health challenges in transit and in their receiving communities. Moreover, the nexus between climate change, human and public health, and mobility exacerbates pre-existing vulnerabilities, undermining human rights and implicating State obligations. As international and regional courts, including the International Court of Justice (ICJ), clarify states’ duty to protect people from the adverse impacts of climate change, it is …
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell
An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell
Center for the Human Rights of Children
The Center for the Human Rights of Children, in collaboration with Kids in Need of Defense (KIND) and the Young Center for Immigrant Children’s Rights (“Young Center”) submits this input in response to the call for submissions made by the Special Rapporteur on the Human Rights of Migrants to inform the forthcoming report to the 50th session of the Human Rights Council regarding the United States’ current border management policies that aim to prevent migration atthe southern border. This input will focus on United States’ push back methods, namely the recently reimplemented Migrant Protection Protocols (MPP) otherwise known as “Remain …
Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter
Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter
Publications
As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard …
Lawyers Weekly Newsmaker Reception : November 20, 2019, Roger Williams University School Of Law, Michael M. Bowden
Lawyers Weekly Newsmaker Reception : November 20, 2019, Roger Williams University School Of Law, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Newsroom: Interrogation Expert Warns Against Use Of Torture 2-2-2018, Roger Williams University School Of Law
Newsroom: Interrogation Expert Warns Against Use Of Torture 2-2-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Corporate Criminal Responsibility For Human Rights Violations: Jurisdiction And Reparations, Kenneth S. Gallant
Corporate Criminal Responsibility For Human Rights Violations: Jurisdiction And Reparations, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods
Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods
Law Faculty Scholarly Articles
The global nature of today’s Internet services presents a unique challenge to international law enforcement cooperation. On a daily basis, law enforcement agents in one country seek access to data that is beyond their jurisdictional reach; as one industry analyst put it, there has been, “an internationalization of evidence.” In order to gain lawful access to data that is subject to another state’s jurisdiction, law enforcement agents must request mutual legal assistance (MLA) from the country that can legally compel the data’s disclosure. But the MLA regime has not been updated to manage the enormous rise of requests for MLA. …
Internation Equity And Human Development, Anthony C. Infanti
Internation Equity And Human Development, Anthony C. Infanti
Book Chapters
No abstract provided.
Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant
Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Rehabilitating Territoriality In Human Rights, Austen L. Parrish
Rehabilitating Territoriality In Human Rights, Austen L. Parrish
Articles by Maurer Faculty
For many years, territorial principles anchored an international system organized around nation-states. Recently, however, the human rights movement has sought to change the state-centric focus of international law and overcome the limitations of a system where the territorial state is the primary actor. The field of human rights has promoted a new legal orthodoxy that places the person at the center of the international legal system. Within this orthodoxy, non-state actors play a prominent role, unilateral domestic lawsuits are promoted, and territorial borders give way when necessary for humanitarian intervention. In contrast, territorial conceptions of international law are viewed as …
A Behavioral Approach To Human Rights, Andrew K. Woods
A Behavioral Approach To Human Rights, Andrew K. Woods
Law Faculty Scholarly Articles
For the last sixty years, scholars and practitioners of international human rights have paid insufficient attention to the ground level social contexts in which human rights norms are imbued with or deprived of social meaning. During the same time period, social science insights have shown that social conditions can have a significant impact on human behavior. This Article is the first to investigate the far-ranging implications of behavioralism—especially behavioral insights about social influence—for the international human rights regime. It explores design implications for three broad components of the regime: the content, adjudication, and implementation of human rights. In addition, the …
Trademarks And Human Rights: Oil And Water? Or Chocolate And Peanut Butter?, Megan M. Carpenter
Trademarks And Human Rights: Oil And Water? Or Chocolate And Peanut Butter?, Megan M. Carpenter
Law Faculty Scholarship
In recent years, there has been a growing discourse at the intersection of intellectual property and human rights, including whether or not individual intellectual property rights are, or can be, human rights. In 2007, this debate began to focus on the area of trademarks. That year, the European Court of Human Rights determined that it had jurisdiction over a trademark dispute, by virtue of the property rights provision found in Article 1 of Protocol 1 to the European Convention on Human Rights. This paper seeks to explore the connection between trademarks and human rights. The first part of the article …
International Human Rights Law And Security Detention, Douglass Cassel
International Human Rights Law And Security Detention, Douglass Cassel
Journal Articles
This article analyzes the grounds, procedures, and conditions required by International Human Rights Law for preventive detention of suspected terrorists as threats to security. Such detention is generally permitted, provided it is based on grounds and procedures previously established by law; is not arbitrary, discriminatory, or disproportionate; is publicly registered and subject to fair and effective judicial review; and the detainee is not mistreated and is compensated for any unlawful detention. In Europe, however, preventive detention for security purposes is generally not permitted. If allowed at all, it is permitted only when a State in time of national emergency formally …
Bioethics And Self-Governance: The Lessons Of The Universal Declaration On Bioethics And Human Rights, O. Carter Snead
Bioethics And Self-Governance: The Lessons Of The Universal Declaration On Bioethics And Human Rights, O. Carter Snead
Journal Articles
The following article analyzes the process of conception, elaboration, and adoption of the Universal Declaration of Bioethics and Human Rights, and reflects on the lessons it might hold for public bioethics on the international level. The author was involved in the process at a variety of levels: he provided advice to the IBC on behalf of the President's Council of Bioethics; he served as the U.S. representative to UNESCO's Intergovernmental Bioethics Committee; and led the U.S. Delegation in the multilateral negotiation of Government experts that culminated in the adoption of the declaration in its final form. The author is currently …
A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel
A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel
Journal Articles
The international legal boundary between states; rights and human rights is not fixed. Long ago, the Permanent Court of International Justice - the judicial arm of the League of Nations and the precursor to the present International Court of Justice - recognized that "the question whether a certain matter is or is not solely within the jurisdiction of a State is an essentially relative question; it depends on the development of international relations." In recent decades international relations concerning both sovereignty and rights have developed quickly. An examination of those rights and the evolving realities of sovereignty are examined.
Human Rights And Health - The Universal Declaration Of Human Rights At 50, George J. Annas
Human Rights And Health - The Universal Declaration Of Human Rights At 50, George J. Annas
Faculty Scholarship
War, famine, pestilence, and poverty have had obvious and devastating effects on health throughout human history. In recent times, human rights have come to be viewed as essential to freedom and individual development. But it is only since the end of World War II that the link between human rights and these causes of disease and death has been recognized.1-3 The 50th anniversary of the Universal Declaration of Human Rights — signed on December 10, 1948 — provides an opportunity to review its genesis, to explore the contemporary link between health and human rights, and to develop effective human-rights …
Democratic Responses To International Terrorism, Christopher L. Blakesley
Democratic Responses To International Terrorism, Christopher L. Blakesley
Scholarly Works
This volume provides a multidisciplinary study of terrorism. The editor notes at the outset the difficulty of definition: "Terrorism is not a one-dimensional problem; it transcends many frontiers: political, jurisdictional, institutional, disciplinary and methodological. So approaching the problem from only one perspective may lead to only partial understanding and an incomplete strategy for developing constructive responses” (p. 3). Note the tendency of even this careful statement to assume that terrorism is always committed by others, Also, although legal definition and consideration may be implied by the terms polical, jurisdictional, institutional and disciplinary, which are indicated as various dimensions of …
Report Of The Conference Rapporteur, Berta E. Hernández-Truyol
Report Of The Conference Rapporteur, Berta E. Hernández-Truyol
UF Law Faculty Publications
This summary constitutes my Final Report to the Conference on the International Protection of Reproductive Rights (the "Conference") jointly sponsored by the Women & International Law Program at the Washington College of Law of the American University and the Women in the Law Project of the International Human Rights Law Group. The Conference focused on issues that affect the role of women in society and the role played by rules of law in defining and marginalizing women's existence in society. The Conference goals included the reformulation of the international human rights construct to advance and implement women's rights, particularly women's …
Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley
Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley
Scholarly Works
Individual liability for war crimes is difficult to enforce and is unlikely to be accepted uniformly by states.
Individual criminal responsibility is the cornerstone of any international war crimes tribunal. Nuremberg Principle I provides that “[a]ny person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.” Acts by heads of state or other government officials, even if committed in an official capacity, may not constitute an immunity defense to or mitigate criminality. These officials, therefore, could also be held responsible for offenses committed pursuant to their orders. Additionally, liability for criminal …
Prosecuting And Defending Violations Of Genocide And Humanitarian Law: The International Tribunal For The Former Yugoslavia, Christopher L. Blakesley
Prosecuting And Defending Violations Of Genocide And Humanitarian Law: The International Tribunal For The Former Yugoslavia, Christopher L. Blakesley
Scholarly Works
A symposium discussing the international war crimes tribunal for the former Yugoslavia, established by the United Nations Security Council’s . Christopher L. Blakesley discussed the procedural aspects of the War Crimes Tribunal.
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
Scholarly Works
In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.
The Need For An International Criminal Court In The New International World Order, Christopher L. Blakesley
The Need For An International Criminal Court In The New International World Order, Christopher L. Blakesley
Scholarly Works
Any inquiry into the merits of an international criminal court must start with resolving three basic issues:
1. Can the tribunal improve international cooperation in law enforcement, add to the capabilities of the various nations in matters of international criminal law, or contribute in any incremental way to the solution of international and transnational criminal law problems by improving the current practice and enhancing the effectiveness of all concerned?
2. Will the recommended system have a better or equal chance of operating as effectively as the best existing systems of national criminal justice?
3. Will the recommended system improve efficiency …
Terrorism, Law, And Our Constitutional Order, Christopher L. Blakesley
Terrorism, Law, And Our Constitutional Order, Christopher L. Blakesley
Scholarly Works
We have all suffered moments of vicarious terror over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. There, some institution, government, or group used innocent children, women, and men as fodder for their “war.” Some have claimed that the pusillanimous carnage was in retaliation for the slaughter of equivalent innocents aboard the Iranian Air Bus, similarly destroyed by American forces during the summer of 1988. Others suggested that it was committed by those interested in thwarting prospects of peace in the Middle East.
The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley
The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley
Scholarly Works
The Supplementary Convention to the Extradition Treaty between the Government of the United States of American and the Government of the United Kingdom of Great Britain and Northern Ireland, was signed on June 25, 1985, and transmitted to the U.S. Senate on July 17, 1985. This article will focus on the portion of the supplementary treaty which effectively eliminates the political offense exception, and on the statement made by the Legal Adviser to the Department of State, the honorable Judge Abraham D. Sofaer, made in favor of the Supplementary Treaty, on August 1, 1985. This article suggests that approval of …