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Human Rights Law

2004

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Articles 1 - 30 of 280

Full-Text Articles in Law

Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell Dec 2004

Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell

The Ohio State University Moritz College of Law Working Paper Series

US Secretary of Defense Donald Rumsfeld dismissed the looting of the Iraqi National Museum in April 2003 by remarking, “stuff happens.” In doing so, he gave an early indication that in planning to invade Iraq, the Bush Administration failed to take seriously the legal obligations of an occupying power. Occupying powers have a variety of binding legal obligations, including obligations to stop looting, protect cultural property, and protect persons in detention. Yet, the Administration sent a wholly inadequate force to fulfill those obligations, and, more seriously, the force received no direct and imperative orders to do so. As a result, …


Justice In The Palestine-Israel Conflict, John B. Quigley Dec 2004

Justice In The Palestine-Israel Conflict, John B. Quigley

The Ohio State University Moritz College of Law Working Paper Series

Military-territorial conflicts are typically addressed by the international community on the basis of considerations of justice, meaning relevant standards accepted by the community of states for conduct among states and peoples. If such standards are followed, resulting agreements stand a greater chance of providing for a lasting peace. In the conflict over historic Palestine, considerations of justice have had to compete with considerations of major-power policy, from early twentieth century to the present. When negotiations re-commence, the international community should ensure that they be conducted with considerations of justice at the forefront. If that approach is taken, in particular regarding …


Batasuna Banned: The Dissolution Of Political Parties Under The European Convention Of Human Rights, Thomas Ayres Dec 2004

Batasuna Banned: The Dissolution Of Political Parties Under The European Convention Of Human Rights, Thomas Ayres

Boston College International and Comparative Law Review

This Note reviews the history of Basque terrorism in Spain and the Spanish's government's recent decision to ban Batasuna, the political party affiliated with the militant group, ETA. Although Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms affords Spanish citizens the freedom of association, it recognizes Spain's need to protect its citizens from terrorist violence. This Note argues that the European Court of Human Rights, based on relevant case law, will most likely find that Batasuna's dissolution does not violate Article 11 because it is necessary and proportional to the end of protecting …


Peoples Or Persons? Revising Rawls On Global Justice, Gary Chartier Dec 2004

Peoples Or Persons? Revising Rawls On Global Justice, Gary Chartier

Boston College International and Comparative Law Review

John Rawls's The Law of Peoples offers an account of international justice grounded in a hypothetical contract between "peoples." I argue that a model of transnational justice rooted in a hypothetical agreement among deliberators representing individual persons-like the one that provides the basis for Rawls's account of domestic justice-would be preferable. In Part I, I focus on Rawls's idea of a "people" before critiquing his almost non-existent argument for beginning with peoples rather than persons. In Part II, I examine the nature of the human rights protections that follow from Rawls's starting point and the appropriate responses of liberal societies …


The Role Of International Human Rights And The Law Of Diplomatic Protection In Resolving Zimbabwe’S Land Crisis, Jonathan Shirley Dec 2004

The Role Of International Human Rights And The Law Of Diplomatic Protection In Resolving Zimbabwe’S Land Crisis, Jonathan Shirley

Boston College International and Comparative Law Review

Zimbabwe's most recent land reform program has targeted thousands of commercial farms for compulsory acquisition. This Note analyzes what protections and remedies reside in international human rights law and the law of diplomatic protection for commercial farmers deprived of their property as a result of this program.


Collective Security With A Human Face: An International Legal Framework For Coordinated Action To Alleviate Violence And Poverty, Jennifer Moore Dec 2004

Collective Security With A Human Face: An International Legal Framework For Coordinated Action To Alleviate Violence And Poverty, Jennifer Moore

Faculty Scholarship

Part I of this article will explore some of the diverse theoretical and cultural roots of the human security concept set forth in the U.N. Charter, as well as the limited historical impact of the human security concept in global affairs since the United Nation's birth. Part II confronts the negative impact of the "War against Terrorism" on the war against poverty by linking recent developments in Iraq and the Great Lakes Region of Africa. Finally, Part III analyzes the international law arguments supporting a legal obligation to promote human security in the U.N. Charter, various human fights instruments, and …


Introduction: Death Penalty And International Law, Davison M. Douglas Dec 2004

Introduction: Death Penalty And International Law, Davison M. Douglas

William & Mary Bill of Rights Journal

No abstract provided.


Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren Dec 2004

Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren

William & Mary Bill of Rights Journal

No abstract provided.


The Mandatory Death Penalty In The Commonwealth Caribbean And The Inter-American Human Rights System: An Evolution In The Development And Implementation Of International Human Rights Protections, Brian D. Tittemore Dec 2004

The Mandatory Death Penalty In The Commonwealth Caribbean And The Inter-American Human Rights System: An Evolution In The Development And Implementation Of International Human Rights Protections, Brian D. Tittemore

William & Mary Bill of Rights Journal

No abstract provided.


International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas Dec 2004

International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas

William & Mary Bill of Rights Journal

No abstract provided.


Suppressing The Incriminating Statements Of Foreigners, John Quigley Dec 2004

Suppressing The Incriminating Statements Of Foreigners, John Quigley

William & Mary Bill of Rights Journal

No abstract provided.


Brown, The Civil Rights Movement, And The Silent Litigation Revolution, Stephen C. Yeazell Nov 2004

Brown, The Civil Rights Movement, And The Silent Litigation Revolution, Stephen C. Yeazell

Vanderbilt Law Review

One doubts that Robert Carter, Thurgood Marshall, Spottswood Robinson, Jack Greenberg and the rest of the legal team that argued Brown v. Board of Education spent much time thinking about mass torts. Nonetheless, it is entirely appropriate that a commemoration of their achievements include not only that topic but also international human rights and health care, as well as the more expected ones of education and social welfare. Brown was part of a revolution, and revolutions often have collateral effects as important as their immediate consequences. The civil rights movement followed the same pattern.

As an immediate consequence, that movement …


Laying One Bankrupt Critique To Rest: "Sosa V. Alvarez-Machain" And The Future Of International Human Rights Litigation In U.S. Courts, Ralph G. Steinhardt Nov 2004

Laying One Bankrupt Critique To Rest: "Sosa V. Alvarez-Machain" And The Future Of International Human Rights Litigation In U.S. Courts, Ralph G. Steinhardt

Vanderbilt Law Review

In offering a form of civil redress to the victims of international human rights violations, litigation under the Alien Tort Statute ("ATS") has come to reflect in microcosm the ways that international law and practice have changed in the last half century. Specifically, the successful ATS cases since the Second Circuit's seminal decision in Fildrtiga v. Peia-Irala illustrate the blurring of certain structural distinctions that had long given international law its characteristic shape, especially the distinctions between public and private international law, between treaties and custom, between state and nonstate actors, between international and domestic law, and between lex lata …


Human Rights Violations As Mass Torts: Compensation As A Proxy For Justice In The United States Civil Litigation System, Elizabeth J. Cabraser Nov 2004

Human Rights Violations As Mass Torts: Compensation As A Proxy For Justice In The United States Civil Litigation System, Elizabeth J. Cabraser

Vanderbilt Law Review

On July 26, 2000, final approval was granted to a landmark $1.25 billion settlement of the claims of an international class of Holocaust victims against Swiss Banks that engaged in massive looting and misappropriation of assets entrusted to them by hundreds of thousands of Jews and other groups imprisoned, murdered, and dislocated by the Nazi regime. The Swiss Banks complaints linked the actions of Swiss financial institutions to the Nazi regime and its program of genocide.

The Swiss Banks litigation was brought and settled under federal class action rules in the United States District Court for the Eastern District of …


With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change, Beth Van Schaack Nov 2004

With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change, Beth Van Schaack

Vanderbilt Law Review

It has been said that Fildrtiga v. Peha-Irala is the Brown v. Board of Education of human rights litigation. Like Brown, Fildrtiga presents one of those rare "breakthrough moments" in law. In Fildrtiga, the Second Circuit confirmed that victims of human rights abuses abroad could seek legal redress in United States courts under the then-obscure Alien Tort Claims Act (ATCA). Fildrtiga thus inaugurated a steady line of cases in U.S. courts invoking the ATCA and related statutes to adjudicate international human rights claims. For a variety of reasons, including the very existence of these statutes, civil litigation has emerged as …


Placing Blame Where Blame Is Due: The Culpability Of Illegal Armed Groups And Narcotraffickers In Colombia's Environmental And Human Rights Catastrophes, Luz E. Nagle Oct 2004

Placing Blame Where Blame Is Due: The Culpability Of Illegal Armed Groups And Narcotraffickers In Colombia's Environmental And Human Rights Catastrophes, Luz E. Nagle

William & Mary Environmental Law and Policy Review

No abstract provided.


Lisa Schechtman On Reproductive Health And Human Rights: Integrating Medicine, Ethics, And Law By Rebecca J. Cook, Bernard M. Dickens, And Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 Pp., Lisa Schechtman Oct 2004

Lisa Schechtman On Reproductive Health And Human Rights: Integrating Medicine, Ethics, And Law By Rebecca J. Cook, Bernard M. Dickens, And Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 Pp., Lisa Schechtman

Human Rights & Human Welfare

A review of:

Reproductive Health and Human Rights: Integrating Medicine, Ethics, and Law by Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 pp.


Providing Access To Generic Antiretroviral Drugs To People Living With Hiv/Aids In Developing Countries: An Examination Of Legal Obligations, Cheluchi Onyemelukwe Oct 2004

Providing Access To Generic Antiretroviral Drugs To People Living With Hiv/Aids In Developing Countries: An Examination Of Legal Obligations, Cheluchi Onyemelukwe

LLM Theses

The HIV/AIDS epidemic is a devastating medical, social and economic problem in many developing countries. Presently, the only therapeutic remedies for the disease are antiretroviral drugs, which do not cure HIV/AIDS but are effective in restoring the health of people living with HIV/AIDS. Unfortunately, these drugs are unavailable to many people living with the disease in developing countries. This has been attributed to the exorbitant prices resulting from the patent rights of multinational pharmaceutical companies over the drugs. Legal literature has therefore focused principally on intellectual property rights as obstacles to access to antiretroviral drugs in developing countries. This thesis, …


Introduction To The Symposium: Linking The Environment And Human Rights: A Global Perspective, Stephen T. Del Percio Oct 2004

Introduction To The Symposium: Linking The Environment And Human Rights: A Global Perspective, Stephen T. Del Percio

William & Mary Environmental Law and Policy Review

No abstract provided.


“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy Sep 2004

“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy

ExpressO

No abstract provided.


Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris Sep 2004

Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris

University of San Diego Public Law and Legal Theory Research Paper Series

This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made and …


Income, Work And Freedom, Philip L. Harvey Sep 2004

Income, Work And Freedom, Philip L. Harvey

ExpressO

The ability of public policies to secure the economic and social rights recognized in the Universal Declaration of Human Rights is proposed as a trumping supplement to the utility-maximization criterion of neo-classical welfare economics. Two progressive proposals for ending poverty and promoting personal development and freedom are then compared using this assessment criterion. The first proposal is that society guarantee everyone an unconditional basic income (BI) without imposing work requirements in exchange for the guarantee. The second proposal is that society use direct job creation to provide employment assurance (EA) for anyone who is unable to find decent work in …


The Truth Between Reparation And Reconciliation: The Pretoria–Nairobi Axis, Ali A. Mazrui Sep 2004

The Truth Between Reparation And Reconciliation: The Pretoria–Nairobi Axis, Ali A. Mazrui

Buffalo Human Rights Law Review

No abstract provided.


Republic Of Kenya Report Of The Task Force On The Establishment Of A Truth, Justice And Reconciliation Commission, Makau Mutua Sep 2004

Republic Of Kenya Report Of The Task Force On The Establishment Of A Truth, Justice And Reconciliation Commission, Makau Mutua

Buffalo Human Rights Law Review

No abstract provided.


Translating International And Regional Trafficking Norms Into Domestic Reality: A Hong Kong Case Study, Robyn Emerton Sep 2004

Translating International And Regional Trafficking Norms Into Domestic Reality: A Hong Kong Case Study, Robyn Emerton

Buffalo Human Rights Law Review

No abstract provided.


Katerina Dalacoura, Engagement Of Coercion? Weighing Western Human Rights Policies Toawards Turkey, Iran And Egypt, Susan M. Cimini Sep 2004

Katerina Dalacoura, Engagement Of Coercion? Weighing Western Human Rights Policies Toawards Turkey, Iran And Egypt, Susan M. Cimini

Buffalo Human Rights Law Review

No abstract provided.


The Forgotten Story Of The Mizrachi Jews: Will The Jews Of The Middle East Ever Be Compensated For Their Expulsion From The Arab World?, Joseph D. Zargari Sep 2004

The Forgotten Story Of The Mizrachi Jews: Will The Jews Of The Middle East Ever Be Compensated For Their Expulsion From The Arab World?, Joseph D. Zargari

Buffalo Public Interest Law Journal

No abstract provided.


The Semantics Of The Guantanamo Bay Inmates: Enemy Combatants Or Prisoners Of The War On Terror?, Anne E. Joynt Sep 2004

The Semantics Of The Guantanamo Bay Inmates: Enemy Combatants Or Prisoners Of The War On Terror?, Anne E. Joynt

Buffalo Human Rights Law Review

No abstract provided.


The Patriot Act And Bush's Military Tribunals: Effective Enforcement Or Attacks On Civil Liberties?, John Lichtenthal Sep 2004

The Patriot Act And Bush's Military Tribunals: Effective Enforcement Or Attacks On Civil Liberties?, John Lichtenthal

Buffalo Human Rights Law Review

No abstract provided.


Paradoxes Of Health And Equality: When A Boy Becomes A Girl, Noa Ben-Asher Aug 2004

Paradoxes Of Health And Equality: When A Boy Becomes A Girl, Noa Ben-Asher

ExpressO

This paper is about an unusual child custody dispute between the parents of a six-year-old child and the child welfare services of Franklin County, Ohio. The conflict emerged when the child’s parents complied with their male child’s professed desire to be treated as a girl by attempting to enroll the child in the first grade as a girl. The paper treats this case as an exemplary test-case of contemporary co-dependence between scientific-medical discourse and liberal-rights discourse. The paper analyzes the positions of the two sides of the custody dispute according to the classic modern distinction between mind and body. On …