Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

Standard Setting In Human Rights: Critique And Prognosis, Makau Wa Mutua Aug 2007

Standard Setting In Human Rights: Critique And Prognosis, Makau Wa Mutua

Journal Articles

This article interrogates the processes and politics of standard setting in human rights. It traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. This article looks at how those norms are made, who makes them, and why. It focuses attention on the deficits of the international order, and how that order - which is defined by multiple asymmetries - determines the norms and the purposes they serve. It identifies areas for further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy …


Beyond Juba: Does Uganda Need A National Truth And Reconciliation Process?, Makau Mutua Jan 2007

Beyond Juba: Does Uganda Need A National Truth And Reconciliation Process?, Makau Mutua

Journal Articles

Virtually every African State, including Uganda, is a product of the rape of the continent by imperial European powers. Even though it is true that Africans cannot blame every ill on colonialism, the imperial conquests of European powers have had severely debilitating consequences. Yet, we cannot despair, and for beautiful Uganda, the genesis for recovery may lie in Juba. However - it can most certainly only be realized by looking beyond Juba. Ultimately, the reform of the Ugandan state lies in the full democratization of political society. President Museveni must understand that he will not live forever, and therefore he …


The U.N. Disability Convention: Historic Process, Strong Prospects And Why The U.S. Should Ratify, Tara J. Melish Jan 2007

The U.N. Disability Convention: Historic Process, Strong Prospects And Why The U.S. Should Ratify, Tara J. Melish

Journal Articles

On December 13, 2006, the United Nations General Assembly unanimously adopted the Convention on the Rights of Persons with Disabilities. The Convention is historic and path-breaking on several levels, both in protection terms for the world's 650 million persons with disabilities who may now draw upon its provisions in defense of their internationally-protected rights, and in relation to the unprecedented level of civil society input and engagement in the negotiation process. This sustained and constructive engagement has given rise to a dynamic process of dialogue, cooperation, and mutual trust that will fuel monitoring and implementation work, at national and international …


Crossing Borders: Loving V. Virginia As A Story Of Migration, Victor C. Romero Jan 2007

Crossing Borders: Loving V. Virginia As A Story Of Migration, Victor C. Romero

Journal Articles

The struggle of binational same-gender partners today parallels the struggles of Mildred and Richard Loving during the heyday of the Civil Rights Movement - not only in the obvious parallels between race and sexual orientation as barriers to freedom, but also in the way the law uses these immutable characteristics to limit the freedom of movement. It is this freedom of movement - this migration or immigration - that I want to focus on in this essay. Lest we forget, the Lovings' story is, importantly, a story of migration: It's a story of the great lengths to which an interracial …


Change In The Human Rights Universe, Makau Mutua Jan 2007

Change In The Human Rights Universe, Makau Mutua

Journal Articles

No abstract provided.