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Human Rights Law

1995

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Articles 1 - 30 of 114

Full-Text Articles in Law

Reflections On Regional Human Rights Law, Gabriel M. Wilner Dec 1995

Reflections On Regional Human Rights Law, Gabriel M. Wilner

Scholarly Works

The principal purpose of the Colloquium, as can be seen from the great attention given to the papers presented by the second panel, was to discuss the uses of customary international human rights law in the defense of human rights before national courts. More generally, these discussions focused on the effectiveness of customary international human rights rules in influencing legislative and policy-making, administrative decisions and, particularly, judicial adjudication, at international and national levels. The initial and wider question of the feasibility of using custom as a source of human rights rules formed the underlying aspects of the debates in the …


Sources Of International Law, Louis B. Sohn Dec 1995

Sources Of International Law, Louis B. Sohn

Scholarly Works

To summarize, States can agree on international law begin made in any way they wish. Once they agree on a method, the matter is over. As I have pointed out, every few y ears we invent a new method; there is no end to ingenuity of human beings. by the year 2000, there might be one or two more methods. We are still applying the 19th century rule that international law is made by the community of states, but in every generation the community has been able to invent new methods for crystallizing international law. We finally have accepted the …


The Development Of Human Rights In The Republic Of China On Taiwan: Ramifications Of Recent Democratic Reforms And Problems Of Enforcement, Winston Hsiao Nov 1995

The Development Of Human Rights In The Republic Of China On Taiwan: Ramifications Of Recent Democratic Reforms And Problems Of Enforcement, Winston Hsiao

Washington International Law Journal

October of 1995 marks the Republic of China's ("ROC") fiftieth anniversary of occupation in Taiwan. The ROC's impressive democratization in recent years follows a history of autocratic rule. Fear of government reprisal and a non-rights oriented neo-Confucian culture contributed to the people's slow assertion of their constitutional rights. Presently, the ROC's paradoxical international status raises important accountability issues. Though domestic courts now provide a more impartial forum for claims to be heard, international remedies are drastically limited should domestic ones fail. Expelled from the U.N. in 1971 and not officially recognized by most nation states, the ROC remains frightfully independent …


Female Genital Excision And The Implications Of Federal Prohibition, Blake M. Guy Oct 1995

Female Genital Excision And The Implications Of Federal Prohibition, Blake M. Guy

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The United Nations And The Promotion And Protection Of The Rights Of Women: How Well Has The Organization Fulfilled Its Responsibility?, Geraldine A. Del Prado Oct 1995

The United Nations And The Promotion And Protection Of The Rights Of Women: How Well Has The Organization Fulfilled Its Responsibility?, Geraldine A. Del Prado

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The New Slave Trade: The International Crisis Of Immigrant Smuggling, Kevin Tessier Oct 1995

The New Slave Trade: The International Crisis Of Immigrant Smuggling, Kevin Tessier

Indiana Journal of Global Legal Studies

No abstract provided.


International Law As A Process, Louis B. Sohn May 1995

International Law As A Process, Louis B. Sohn

Michigan Law Review

A Review of Problems and Process: International Law and How We Use It by Rosalyn Higgins


Recent Developments: Self-Determination In The Case Of Chechnya, Luke P. Bellocchi Apr 1995

Recent Developments: Self-Determination In The Case Of Chechnya, Luke P. Bellocchi

Buffalo Journal of International Law

No abstract provided.


Beyond The Veil?: An Analysis Of The Provisions Of The Women's Convention In The Law As Stipulated In Shari'ah, Urfan Khaliq Apr 1995

Beyond The Veil?: An Analysis Of The Provisions Of The Women's Convention In The Law As Stipulated In Shari'ah, Urfan Khaliq

Buffalo Journal of International Law

No abstract provided.


Power Ethnicized: The Pursuit Of Protection And Participation In Rwanda And Burundi, Linda Maguire Apr 1995

Power Ethnicized: The Pursuit Of Protection And Participation In Rwanda And Burundi, Linda Maguire

Buffalo Journal of International Law

No abstract provided.


Equal Value In The European Union: Fiction Or Reality?, Taline Aharonian Apr 1995

Equal Value In The European Union: Fiction Or Reality?, Taline Aharonian

Buffalo Journal of International Law

No abstract provided.


Between Irua And "Female Genital Mutilation" : Feminist Human Rights Discourse And The Cultural Divide, Hope Lewis Mar 1995

Between Irua And "Female Genital Mutilation" : Feminist Human Rights Discourse And The Cultural Divide, Hope Lewis

Hope Lewis

“Irua,” or female genital surgery (“FGS”), involves the most private aspects of individual female physical and cultural identity. Yet, the health risks caused by FGS raised concern in cultures in which FGS is not traditionally practiced. There has been extensive dialogue regarding the implications of FGS for cross-cultural feminist approaches to human rights. This Article examines the controversy over FGS terminology as it reflects more complex debates over FGS as a violation of international human rights. It further assesses the reasons offered to justify Western feminists’ participation in cross-cultural strides to address FGS through human rights law. In addition, the …


Importing Prison Labor Products From The People's Republic Of China: Re-Examining U.S. Enforcement Of Section 307 Of The Trade And Tariff Act Of 1930, Sarah A. Thornton Feb 1995

Importing Prison Labor Products From The People's Republic Of China: Re-Examining U.S. Enforcement Of Section 307 Of The Trade And Tariff Act Of 1930, Sarah A. Thornton

Washington International Law Journal

Since 1989, the United States has engaged in a heated debate with the People's Republic of China over products manufactured in Chinese prisons which enter U.S. markets. Human rights advocates argue that conditions in China's prisons violate human rights principles, and therefore, the United States should not extend Most Favored Nation trade status to China. Others argue that human rights conditions will only improve if the United States continues to extend MFN privileges. Forgotten is section 307 of the Trade and Tariff Act of 1930, which prohibits imports of products made from prison labor. To effectively address the prison labor …


The Religious Freedom Restoration Act: Responding To Smith; Reconsidering Reynolds, Keith Jaasma Jan 1995

The Religious Freedom Restoration Act: Responding To Smith; Reconsidering Reynolds, Keith Jaasma

Keith Jaasma

This comment examines the cae of Employment Division, Department of Human Resources of Oregon v. Smith, and Congress' response to that decision in the Religious Freedom Restoration Act (RFRA). The Comment further examines whether the Supreme Court's 1879 Decision in Reynolds v. United States, which upheld laws against polygamy in the Utah Territory, would continue to be viable in light of the RFRA and Free Excercise Clause cases that have been decided since.


What's Wrong With Exploitation?, Justin Schwartz Jan 1995

What's Wrong With Exploitation?, Justin Schwartz

Justin Schwartz

Abstract: Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately …


War Crimes Tribunal Dismisses Jurisdictional Challenge, Diane F. Orentlicher Jan 1995

War Crimes Tribunal Dismisses Jurisdictional Challenge, Diane F. Orentlicher

Human Rights Brief

No abstract provided.


Conference On The Interventional Protection Of Reproductive Rights: Introduction, Donna Sullivan Jan 1995

Conference On The Interventional Protection Of Reproductive Rights: Introduction, Donna Sullivan

American University Law Review

Reproductive Rights conference


From Human Rights Law To Program Reality: Vienna, Cairo, And Beijing In Perspective Conference On The Interventional Protection Of Reproductive Rights, Mona Zulficar Jan 1995

From Human Rights Law To Program Reality: Vienna, Cairo, And Beijing In Perspective Conference On The Interventional Protection Of Reproductive Rights, Mona Zulficar

American University Law Review

No abstract provided.


European Approaches To Enhancing Reproductive Freedom Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Katarina Tomasevski Jan 1995

European Approaches To Enhancing Reproductive Freedom Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Katarina Tomasevski

American University Law Review

No abstract provided.


Legal Services: Putting Rights Into Action--Profamilia-Colombia Conference On The Interventional Protection Of Reproductive Rights: The Utility And Limits Of Rights Based Approaches, Maria Isabel Plata, Maria Cristina Calderon Jan 1995

Legal Services: Putting Rights Into Action--Profamilia-Colombia Conference On The Interventional Protection Of Reproductive Rights: The Utility And Limits Of Rights Based Approaches, Maria Isabel Plata, Maria Cristina Calderon

American University Law Review

No abstract provided.


Promotion And Protection Of Women's Right To Sexual And Reproductive Health Under International Law: The Economic Covenant And The Women's Convention Conference On The Interventional Protection Of Reproductive Rights: The Right To Health , Aart Hendriks Jan 1995

Promotion And Protection Of Women's Right To Sexual And Reproductive Health Under International Law: The Economic Covenant And The Women's Convention Conference On The Interventional Protection Of Reproductive Rights: The Right To Health , Aart Hendriks

American University Law Review

No abstract provided.


Reproductive Health And Cedaw Conference On The Interventional Protection Of Reproductive Rights: The Right To Health, Carlota Bustelo Jan 1995

Reproductive Health And Cedaw Conference On The Interventional Protection Of Reproductive Rights: The Right To Health, Carlota Bustelo

American University Law Review

No abstract provided.


Remarks Conference On The Interventional Protection Of Reproductive Rights: The Right To Health , Mallika Dutt Jan 1995

Remarks Conference On The Interventional Protection Of Reproductive Rights: The Right To Health , Mallika Dutt

American University Law Review

No abstract provided.


Family Planning Services Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Mahmoud F. Fathalla Jan 1995

Family Planning Services Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Mahmoud F. Fathalla

American University Law Review

No abstract provided.


Violence Against Women: Translating International Advocacy Into Concrete Change Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Lori L. Heise Jan 1995

Violence Against Women: Translating International Advocacy Into Concrete Change Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Lori L. Heise

American University Law Review

No abstract provided.


Remarks Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Rhonda Copelon Jan 1995

Remarks Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Rhonda Copelon

American University Law Review

No abstract provided.


Right To Information Necessary For Reproductive Health And Choice Under International Law, The Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Sandra Coliver Jan 1995

Right To Information Necessary For Reproductive Health And Choice Under International Law, The Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Sandra Coliver

American University Law Review

No abstract provided.


Comments Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Rachael N. Pine Jan 1995

Comments Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Rachael N. Pine

American University Law Review

No abstract provided.


Women's Reproductive Rights And The Politics Of Fundamentalism: A View From Bangladesh Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Sajeda Amir, Sara Hossain Jan 1995

Women's Reproductive Rights And The Politics Of Fundamentalism: A View From Bangladesh Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Sajeda Amir, Sara Hossain

American University Law Review

No abstract provided.


Challenge Of Christianity, The Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Frances Kissling Jan 1995

Challenge Of Christianity, The Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Frances Kissling

American University Law Review

No abstract provided.