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Articles 1 - 30 of 55
Full-Text Articles in Law
Mail-Order Brides: Gilded Prostitution And The Legal Response, Eddy Meng
Mail-Order Brides: Gilded Prostitution And The Legal Response, Eddy Meng
University of Michigan Journal of Law Reform
This Note explores the international mail-order bride industry where women from Asia and other developing countries are trafficked to men in Western industrialized countries. The author discusses the commonalities between the mail-order bride traffic and other forms of sexual exploitation, as well as the cultural and historical forces and the gender, ethnic, and class subordination which together fuel the demand for Asian Pacific mail-order brides. In the United States, the potential for exploitation is made greater in that immigrant brides face a threat of deportation during the first two years of residence via immigration laws. Given the inequalities between consumer-husbands …
Federalism's Future In The Global Village, Barry Friedman
Federalism's Future In The Global Village, Barry Friedman
Vanderbilt Law Review
The world we live in is becoming smaller. Although no doubt people have been saying that since at least the travels of Marco Polo, Columbus, and Vespucci, events appear to be moving with startling rapidity. Global trade, global travel, global communication-all are bringing us together in ways that even twenty years ago we hardly could imagine. The words "globalization" and "internationalization" are heard frequently now, and in many new and different contexts. In contrast to the globalization phenomenon, we are accustomed to thinking about American federalism largely in domestic terms. The primary arena in which the debate about the role …
An Analysis Of The United Nations International Tribunal To Adjudicate War Crimes Committed In The Former Yugoslavia: Parallels, Problems, Prospects, Mark A. Bland
Indiana Journal of Global Legal Studies
No abstract provided.
Women On The European Commission And Court Of Human Rights: Would Equal Representation Provide More Effective Remedies?, Kathleen M. Mccauley
Women On The European Commission And Court Of Human Rights: Would Equal Representation Provide More Effective Remedies?, Kathleen M. Mccauley
Penn State International Law Review
No abstract provided.
Intercountry Adoption Today And The Implications Of The 1993 Hague Convention On Tomorrow, Susann M. Bisignaro
Intercountry Adoption Today And The Implications Of The 1993 Hague Convention On Tomorrow, Susann M. Bisignaro
Penn State International Law Review
No abstract provided.
An Unnecessary Sacrifice: Restrictions On The Right Of Freedom Of Movement In An Effort To Establish An Effective Global Aids Policy, Cindy P. Nelson
An Unnecessary Sacrifice: Restrictions On The Right Of Freedom Of Movement In An Effort To Establish An Effective Global Aids Policy, Cindy P. Nelson
Penn State International Law Review
No abstract provided.
Human Rights And The Structure Of Security Forces In Constitutional Orders: The Case Of Ethiopia, James C. N. Paul
Human Rights And The Structure Of Security Forces In Constitutional Orders: The Case Of Ethiopia, James C. N. Paul
William & Mary Bill of Rights Journal
No abstract provided.
The Status And Rights Of Refugees Under International Law: New Issues In Light Of The Honecker Affair, Francisco Orrego Vicuña
The Status And Rights Of Refugees Under International Law: New Issues In Light Of The Honecker Affair, Francisco Orrego Vicuña
University of Miami Inter-American Law Review
No abstract provided.
Involuntary Commitment And The Use Of Seclusion And Restraint In Uruguay: A Comparison With The United Nations Principles For The Protection Of Persons With Mental Illness, Angelika C. Moncada
Involuntary Commitment And The Use Of Seclusion And Restraint In Uruguay: A Comparison With The United Nations Principles For The Protection Of Persons With Mental Illness, Angelika C. Moncada
University of Miami Inter-American Law Review
No abstract provided.
The Santiago Commitment As A Call To Democracy In The United States: Evaluating The Oas Role In Haiti, Peru, And Guatemala, Stephen J. Schnably
The Santiago Commitment As A Call To Democracy In The United States: Evaluating The Oas Role In Haiti, Peru, And Guatemala, Stephen J. Schnably
University of Miami Inter-American Law Review
No abstract provided.
Intervention In The Yugoslav Civil War: The United Nations' Right To Create An International Criminal Tribunal, Barbara M. Tocker
Intervention In The Yugoslav Civil War: The United Nations' Right To Create An International Criminal Tribunal, Barbara M. Tocker
Penn State International Law Review
No abstract provided.
Emerging From Emergency: Human Rights In South Africa, Etienne Mureinik
Emerging From Emergency: Human Rights In South Africa, Etienne Mureinik
Michigan Law Review
A Review of In a Time of Trouble: Law and Liberty in South Africa's State of Emergency by Stephen Ellmann
Land, Law, And Legitimacy In Israel And The Occupied Territories, George E. Bisharat
Land, Law, And Legitimacy In Israel And The Occupied Territories, George E. Bisharat
American University Law Review
No abstract provided.
Irreconcilable Differences? Divorcing Regugee Protections From Human Rights Norms, Karen Musalo
Irreconcilable Differences? Divorcing Regugee Protections From Human Rights Norms, Karen Musalo
Michigan Journal of International Law
This article will discuss in greater detail the profound defects of the Court's Zacarias decision. Section I will discuss the interpretation of key provisions of the 1980 Refugee Act, and describe the case of Jairo Elias Zacarias. Section II will review the plain language and legislative intent of the Act, including the congressional purpose of conforming to the 1967 Protocol. Section III will consider issues of burden of proof, and will examine the substantive impact which Zacarias has had on refugee cases. Section IV will focus on religious persecution as a paradigm of the inadequacy of an intent-based requirement and …
Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer
Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer
Michigan Journal of International Law
This article examines the recent trend proposing that Islam and Islamic culture mandate a distinctive approach to human rights. It offers critical assessments of selected civil and political rights in two recent products of this trend: (1) the 1990 Cairo Declaration on Human Rights in Islam, issued by the Organization of the Islamic Conference and endorsed by Iran and Saudi Arabia; and (2) the rights provisions in the Saudi Arabian Basic Law promulgated in 1992. These legislative initiatives will be examined in conjunction with constructs of an Islamic culture necessarily at odds with international human rights norms. These constructs have …
Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley
Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley
Michigan Journal of International Law
This article analyzes the permissibility of such a derogation under the Covenant and under general international law. Part I of this article outlines the historical development of Israel's declaration of a continuous state of emergency and its justification for detention without trial. Part II examines international rules on detention and derogation. Part III establishes a standard for declaring a state of emergency and applies this standard to Israel's declaration, with respect both to Israel's own territory and to the Palestinian territories occupied by Israel. Finally, Part IV inquires whether Israel will apply the Covenant as a matter of domestic law.
Grossman Criticizes Recent Court Decisions Involving Suriname, Claudia Martin, Françoise Roth
Grossman Criticizes Recent Court Decisions Involving Suriname, Claudia Martin, Françoise Roth
Human Rights Brief
No abstract provided.
News From The Inter-American System, Claudia Martin, Xavier Mena
News From The Inter-American System, Claudia Martin, Xavier Mena
Human Rights Brief
No abstract provided.
The Worldwide Market For Sex: A Review Of International And Regional Legal Prohibitions Regarding Trafficking In Women, Susan Jeanne Toepfer, Bryan Stuart Wells
The Worldwide Market For Sex: A Review Of International And Regional Legal Prohibitions Regarding Trafficking In Women, Susan Jeanne Toepfer, Bryan Stuart Wells
Michigan Journal of Gender & Law
This essay considers whether international treaty law is a useful weapon in the battle against the global sex trade. The introduction to this essay surveys the extent of global sex trafficking. Part I of this essay discusses the international legal conventions that address the issue of trafficking in women. Part II of this essay assesses the effectiveness of these international instruments and considers why they have failed to and the world sex trade. In Part III, this essay describes the European and Inter-American human rights systems, focusing upon substantive law in the regional systems that might be relevant to the …
The Bamboo Gulag: Human Rights In The People's Republic Of China, 1991-1992, Ta-Ling Lee, John F. Copper
The Bamboo Gulag: Human Rights In The People's Republic Of China, 1991-1992, Ta-Ling Lee, John F. Copper
Maryland Series in Contemporary Asian Studies
No abstract provided.
The Doctrine Of Sovereign Immunity-A Jurisdictional Shield For Foreign Nations And Their Accountability For Human Rights Violations, Saudi Arabia V. Nelson, 113 S. Ct. 1471 (1993), Michelle Fastiggi
Penn State International Law Review
No abstract provided.
Human Rights And Most-Favored-Nation Tariff Rates For Products From The People's Republic Of China, Randall Green
Human Rights And Most-Favored-Nation Tariff Rates For Products From The People's Republic Of China, Randall Green
Seattle University Law Review
Because there is an historical link between the economic power possessed by any group of people and the political rights enjoyed by that group, this Article argues that the best way for the United States to promote human rights in China is to assist China's economic development. This argument is supported by logic (e.g., demonstration of cause and effect) as well as by example (e.g., the recent histories of Korea and Taiwan). Part II of this Article takes a detailed look at what MFN status really means and looks at the history of U.S. grants of MFN status to China. …
The United Nations Truth Commission For El Salvador, Thomas Buergenthal
The United Nations Truth Commission For El Salvador, Thomas Buergenthal
Vanderbilt Journal of Transnational Law
From 1992 to 1993, the author served as one of three Commissioners of the United Nations Commission on the Truth for El Salvador. In this Article, the author describes the process the Commission followed in its investigation of acts of violence that occurred in El Salvador between 1980 and 1991. The Article explores how the Commissioners interpreted and applied their mandate, as well as the problems they encountered in gathering information for the Commission's report. The author relates how the Commission arrived at the important decision to include in its report the names of individuals found to have been responsible …
Command Responsibility In The Former Yugoslavia: The Chances For Successful Prosecution, Christopher N. Crowe
Command Responsibility In The Former Yugoslavia: The Chances For Successful Prosecution, Christopher N. Crowe
University of Richmond Law Review
On 22 February 1993, the United Nations Security Council passed Resolution 808 calling for the establishment of an international tribunal for the prosecution of persons responsible for "serious violations of international humanitarian law committed in the territory of former Yugoslavia." The resolution also asked the Secretary-General to submit to the Security Council for consideration a report on aspects of the tribunal considering "suggestions put forward in this regard by Member states." In May, Secretary-General Boutros Boutros-Ghali issued his report and proposed the Statute of the International Tribunal ("Statute"), designed to govern the tribunals establishment and operation.
Human Rights And Peace-Keeping Operations, Diego Garcia-Sayan
Human Rights And Peace-Keeping Operations, Diego Garcia-Sayan
University of Richmond Law Review
The purposes of the United Nations, as specified in Article 1 of the United Nations Charter, are to "maintain international peace," to promote and encourage "respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion" and to "achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character."
Subsidiarity And/Or Human Rights, Daniel T. Murphy
Subsidiarity And/Or Human Rights, Daniel T. Murphy
University of Richmond Law Review
The post-Maastricht world of the European Union is only about two years old. Within that new world, however, few concepts are as important, and yet as elusive or unsettled, as the doctrine of subsidiarity. On the other hand, the European Community has for many years evidenced concern over human rights. The purpose of this essay is to consider the implications of the concept of subsidiarity for human rights law and enforcement within the European Community and the European Union.
Defender Or Offender: America's Role In The Protection Of International Human Rights?, Kimberly Satterwhite
Defender Or Offender: America's Role In The Protection Of International Human Rights?, Kimberly Satterwhite
University of Richmond Law Review
The recent caning of an eighteen year old American student by officials in Singapore sparked much debate over the appropriateness of corporal punishment in criminal cases. Many Americans question the humaneness of criminal penalties imposed in foreign lands. While quick to identify human rights violations around the world, the United States government has been reluctant to concede that abuses occur within the American-criminaljustice system.
Dowry Death: A Violation Of The Right To Life Under Article Six Of The International Covenant On Civil And Political Rights, Angela K. Carlson-Whitley
Dowry Death: A Violation Of The Right To Life Under Article Six Of The International Covenant On Civil And Political Rights, Angela K. Carlson-Whitley
Seattle University Law Review
By failing to effectively prevent dowry deaths, India, as a party to the International Covenant on Civil and Political Rights (ICCPR), violates the "right to life" as expressed in Article 6(1) and protected by Article 2. Part II of this Comment describes the phenomenon of dowry death generally and explains the origins of dowry and its relatively recent transformation into a means of extortion by the groom and his family. In addition, this Part examines the laws enacted by India in response to the growing incidence of dowry deaths. Finally, Part II explains why these positive laws fail to solve …
Setting A New Agenda For U.N. Human Rights Activities, Hurst Hannum
Setting A New Agenda For U.N. Human Rights Activities, Hurst Hannum
Michigan Journal of International Law
Review of The United Nations and Human Rights: A Critical Appraisal (Philip Alston ed.)
Draft Charter Of The International Tribunal For Violations Of International Humanitarian Law In The Former Yugoslavia
Pace International Law Review
No abstract provided.