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Full-Text Articles in Law

"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza Sep 2014

"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Obligations And Accountability In The Face Of Climate Change, Marc Limon Sep 2014

Human Rights Obligations And Accountability In The Face Of Climate Change, Marc Limon

Georgia Journal of International & Comparative Law

No abstract provided.


Keynote Address: Poverty, Climate Change, And Overpopulation, Thomas Pogge Sep 2014

Keynote Address: Poverty, Climate Change, And Overpopulation, Thomas Pogge

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction: Climate Change And Human Rights: Unpacking The Issues, Daniel Bodansky Sep 2014

Introduction: Climate Change And Human Rights: Unpacking The Issues, Daniel Bodansky

Georgia Journal of International & Comparative Law

No abstract provided.


B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?, Robert Marston Sep 2014

B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?, Robert Marston

Georgia Journal of International & Comparative Law

No abstract provided.


The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green Sep 2014

The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green

Georgia Journal of International & Comparative Law

No abstract provided.


Beyond The "Tiers" Of Human Trafficking Victims: Islamic Law's Ability To Push The Muslim World To The Top Of The United States Trafficking Tier Placements And Into Compliance With International Law, Myada O. El-Sawi Sep 2014

Beyond The "Tiers" Of Human Trafficking Victims: Islamic Law's Ability To Push The Muslim World To The Top Of The United States Trafficking Tier Placements And Into Compliance With International Law, Myada O. El-Sawi

Georgia Journal of International & Comparative Law

No abstract provided.


When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic Sep 2014

When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic

Georgia Journal of International & Comparative Law

No abstract provided.


The State Secrets Privilege And Corporate Complicity In Extraordinary Rendition, Lucien J. Dhooge Sep 2014

The State Secrets Privilege And Corporate Complicity In Extraordinary Rendition, Lucien J. Dhooge

Georgia Journal of International & Comparative Law

No abstract provided.


M.S.S. V. Belgium And Greece (European Court Of Human Rights): The Interplay Between European Union Law And The European Convention On Human Rights In The Post-Lisbon Era, Ton Zuijdwijk Sep 2014

M.S.S. V. Belgium And Greece (European Court Of Human Rights): The Interplay Between European Union Law And The European Convention On Human Rights In The Post-Lisbon Era, Ton Zuijdwijk

Georgia Journal of International & Comparative Law

No abstract provided.


Maryland V. King And The Road Already Traveled: How The United Kingdome Tried--And Failed--To Balance State Interests With Privacy Rights, Courtney Coons Poole Sep 2014

Maryland V. King And The Road Already Traveled: How The United Kingdome Tried--And Failed--To Balance State Interests With Privacy Rights, Courtney Coons Poole

Georgia Journal of International & Comparative Law

No abstract provided.


Reconciling Indigenous And Women's Rights To Land In Sub-Saharan Africa, Aparna Polavarapu Sep 2014

Reconciling Indigenous And Women's Rights To Land In Sub-Saharan Africa, Aparna Polavarapu

Georgia Journal of International & Comparative Law

No abstract provided.


International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen Sep 2014

International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen

Georgia Journal of International & Comparative Law

No abstract provided.


Turkey's Article 301: A Legitimate Tool For Maintaining Order Or A Threat To Freedom Of Expression?, Jahnisa Tate Sep 2014

Turkey's Article 301: A Legitimate Tool For Maintaining Order Or A Threat To Freedom Of Expression?, Jahnisa Tate

Georgia Journal of International & Comparative Law

No abstract provided.


Preventive Detention In Malaysia: Constitutional And Judicial Obstacles To Reform And Suggestions For The Future, Tyler James B. Jeffery Jun 2014

Preventive Detention In Malaysia: Constitutional And Judicial Obstacles To Reform And Suggestions For The Future, Tyler James B. Jeffery

Georgia Journal of International & Comparative Law

No abstract provided.


Lausti And Salazar: Are Religious Symbols Legitimate In The Public Square?, Katie A. Croghan Jun 2014

Lausti And Salazar: Are Religious Symbols Legitimate In The Public Square?, Katie A. Croghan

Georgia Journal of International & Comparative Law

No abstract provided.


Theories Of State Compliance With International Law: Assessing The African Union's Ability To Ensure State Compliance With The African Charter And Constitutive Act, Stacy-Ann Elvy May 2014

Theories Of State Compliance With International Law: Assessing The African Union's Ability To Ensure State Compliance With The African Charter And Constitutive Act, Stacy-Ann Elvy

Georgia Journal of International & Comparative Law

No abstract provided.


International Law And The Future Of Peace, Diane Marie Amann Jan 2014

International Law And The Future Of Peace, Diane Marie Amann

Scholarly Works

These remarks, delivered at the April 4, 2013, luncheon of the American Society of International Law Women in International Law Interest Group, reflects on contributions of Jane Addams and other members of the early 20th C. peace movement as a means to explore law and practice related to the contemporary use of force and armed conflict.


Please Don't Be Our Guest: The Roma Expulsion From France Under European Union Law, Quinn Bennett Oct 2013

Please Don't Be Our Guest: The Roma Expulsion From France Under European Union Law, Quinn Bennett

Georgia Journal of International & Comparative Law

No abstract provided.


Speaking Of Secession: A Theory Of Linguistic Secession, Sami M. Dudar Oct 2013

Speaking Of Secession: A Theory Of Linguistic Secession, Sami M. Dudar

Georgia Journal of International & Comparative Law

No abstract provided.


A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Biological Origins, Brigitte Clark Oct 2013

A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Biological Origins, Brigitte Clark

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Reimagining Child Soldiers In International Law And Policy By Mark A. Drumbl., Diane Marie Amann Jul 2013

Book Review: Reimagining Child Soldiers In International Law And Policy By Mark A. Drumbl., Diane Marie Amann

Scholarly Works

Book review of Reimagining Child Soldiers in International Law and Policy by Mark A. Drumbl(New York: Oxford Univ. Press, 2012).


Children And The First Verdict Of The International Criminal Court, Diane Marie Amann Jan 2013

Children And The First Verdict Of The International Criminal Court, Diane Marie Amann

Scholarly Works

Child soldiers were a central concern in the first decade of the International Criminal Court; indeed, the court’s first trial, Prosecutor v. Lubanga, dealt exclusively with the war crimes of conscripting, enlisting, and using child soldiers. This article compares the attention that the court has paid to children – an attention that serves the express terms of the ICC Statute – with the relative inattention in post-World War II international instruments such as the statutes of the Nuremberg and Tokyo tribunals. The article then analyzes the Lubanga conviction, sentence, and reparations rulings. It recommends that the ICC focus attention on …


A Janus Look At International Criminal Justice, Diane Marie Amann Jan 2013

A Janus Look At International Criminal Justice, Diane Marie Amann

Scholarly Works

Invoking the name of Janus, the Roman god who looked simultaneously at the past and the future, this article examines international criminal justice at a watershed moment, when a number of 20-year-old ad hoc tribunals were winding down even as the International Criminal Court was entering its teen years. First explored are challenges posed by politics – that is, the need to secure cooperation from states and from the U.N. Security Council – and economics – that is, the need to work within budgetary constraints. The article then surveys significant developments in each of a half-dozen international criminal courts and …


Human Rights And Counterterrorism: A Contradiction Or Necessary Bedfellows?, Amos N. Guiora Jan 2012

Human Rights And Counterterrorism: A Contradiction Or Necessary Bedfellows?, Amos N. Guiora

Georgia Law Review

Ten years after the 9/11 terrorist attacks, questions
remain regarding the relationship between human rights
and counterterrorism. The historical track record of the
Executive Branch, Supreme Court, and Congress in this
vein is troubling. While the contradiction suggested in
this Essay's title need not be the case, it is, nevertheless,
the persistent reality in American history.
This Essay assesses the current relationship between
human rights and counterterrorism. In doing so, it
reflects on wartime measures implemented by presidents
throughout U.S. history and recommends a way forward
that facilitates more effective protection of human rights

without impinging on legitimate national security …


From Fragmentation To Constitutionalization, Harlan G. Cohen Jan 2012

From Fragmentation To Constitutionalization, Harlan G. Cohen

Scholarly Works

This short essay, prepared for a panel on “The Impact of a Wider Dissemination of Human Rights Norms: Fragmentation or Unity?,” explores the connection between two popular, but seemingly contradictory discourses in international law: fragmentation and constitutionalization. After disentangling and categorizing the various types of fragmentation international law may be experiencing, the essay focuses in on one form in particular, the “fragmentation of the legal community.” This most radical version of fragmentation, the essay argues, has spurred a number of responses, many of which suggest the beginnings of a constitutional conflicts regime for international law. The essay ends by suggesting …


Politics And Prosecutions, From Katherine Fite To Fatou Bensouda, Diane Marie Amann Jan 2012

Politics And Prosecutions, From Katherine Fite To Fatou Bensouda, Diane Marie Amann

Scholarly Works

Based on the Katherine B. Fite Lecture delivered at the 5th Annual International Humanitarian Law Dialogs in Chautauqua, New York, this essay examines the role that politics has played in the evolution of international criminal justice. It first establishes the frame of the lecture series and its relation to IntLawGrrls blog, a cosponsor of the IHL Dialogs. It then discusses the career of the series' namesake, Katherine B. Fite, a State Department lawyer who helped draft the Charter of the International Military Tribunal at Nuremberg and who was, in her own words, a "political observer" of the proceedings. The essay …


Beyond The Guantánamo Bind: Pragmatic Multilateralism In Refugee Resettlement, Melissa J. Durkee Jan 2011

Beyond The Guantánamo Bind: Pragmatic Multilateralism In Refugee Resettlement, Melissa J. Durkee

Scholarly Works

The international refugee protection system is under threat. States weary of increased refugee flows and preoccupied with national security increasingly exploit legal gaps or avoid refugee law altogether. The U.S. approach to resettlement of Guantánamo detainee refugees exemplified this trend. Yet, in the Guantánamo context, U.S. avoidance of international refugee law put the executive in a bind that it could not easily escape: Because the U.S. executive was unwilling to assume the political cost of resettling the refugee detainees domestically, it resorted to peddling them for resettlement to foreign states while, at the same time, mounting a robust legal defense …


Indestructible Unalienable Rights, Donald E. Wilkes Jr. May 2010

Indestructible Unalienable Rights, Donald E. Wilkes Jr.

Popular Media

Perhaps the sublimest achievement of the Western World is the development of the notion that all human beings have immutable, imperishable basic rights, rights that trump all other interests, rights that cannot be denied or trampled upon except through injustice and barbarity. These rights of individuals include political rights, civil rights, and social rights.


Noah's Curse And Paul's Admonition: Civil Rights, Religious Liberty, Gay Equality, William Eskridge, Jr. Mar 2010

Noah's Curse And Paul's Admonition: Civil Rights, Religious Liberty, Gay Equality, William Eskridge, Jr.

Sibley Lecture Series

"Noah's Curse and Paul's Admonition: Civil Rights, Religious Liberty, Gay Equality" is the title of the University of Georgia School of Law’s 106th Sibley Lecture to be delivered by Yale Law School Garver Professor of Jurisprudence William Eskridge Jr. His presentation will take place March 18 at 3:30 p.m. in classroom A of the School of Law. Admission to the event is free, and all are welcome to attend.

Should equal rights for gay people give way to liberties for religious people? According to Eskridge, a similar question was posed a generation ago – Should equal rights for people of …