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Articles 1 - 12 of 12
Full-Text Articles in Law
State Legislation And Human Trafficking: Helpful Or Harmful?, Stephanie Richard
State Legislation And Human Trafficking: Helpful Or Harmful?, Stephanie Richard
University of Michigan Journal of Law Reform
Human trafficking is the modern day form of slavery. Despite the fact that thousands of people are trafficked into the United Sates each year, the majority of U.S. citizens are not aware of the nature and extent of this problem. In 2000, the U.S. government passed the Victims of Trafficking and Violence Protection Act (VTVPA) to combat this grave human rights abuse. This federal legislation takes a comprehensive approach to addressing the problem of human trafficking in the United States by acknowledging that effective prosecution cannot occur without safeguards and benefits for trafficking victims. To this end, the VTVPA enumerates …
From Dyad To Triad: Reconceptualizing The Lawyer-Client Relationship For Litigation In Regional Human Rights Commissions, Melissa E. Crow
From Dyad To Triad: Reconceptualizing The Lawyer-Client Relationship For Litigation In Regional Human Rights Commissions, Melissa E. Crow
Michigan Journal of International Law
This Article analyzes the standing requirements for NGO petitions to the Inter-American and African Commissions and explores the ways which they may undermine the legitimacy and effectiveness of each of these for a, especially in the context of litigation on behalf of groups. The author evaluates various proposals for addressing these problems based on princeiples of class action and client-centered lawyering and concludes that they are inadequate.
Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George
Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George
Michigan Journal of International Law
This Article argues that the international community's gender equality targets will not be realized by 2015 because the problems associated with sexual violence against girls in schools are situated at an intersection of contested conceptual divides between human rights (civil and political liberties) and development aims (social and economic needs). Cracks in the conceptual foundations of both the liberal and utilitarian theories of justice and equality, which support traditional human rights advocacy and economic development plans, respectively render each approach inadequate to fully identify and address the grave danger sexual violence and harassment in schools pose to educational equality. In …
From Indifference To Engagement: Bystanders And International Criminal Justice, Laurel E. Fletcher
From Indifference To Engagement: Bystanders And International Criminal Justice, Laurel E. Fletcher
Michigan Journal of International Law
This Article contributes to the scholarship on transitional justice by examining how the legal architecture and operation of international criminal law constricts bystanders as subjects of jurisprudence, considering the effects of this limitation on the ability of international tribunals to promote their social and political goals, and proposing institutional reforms needed to address this limitation.
Global Sex Trafficking And The Trafficking Victims Protection Act Of 2000: Legislative Responses To The Problem Of Modern Slavery, Rosy Kandathil
Global Sex Trafficking And The Trafficking Victims Protection Act Of 2000: Legislative Responses To The Problem Of Modern Slavery, Rosy Kandathil
Michigan Journal of Gender & Law
Human trafficking is becoming the fastest growing criminal activity in the world. Generally, trafficking is defined as the transportation of persons across international borders for labor purposes, by means of force, fraud, or coercion. Commerce directly related to human slavery yields approximately $7-$10 billion a year, trailing only behind drugs and weapons trade for international profit. According to recent congressional findings, over 700,000 human beings are trafficked across international borders each year, including approximately 50,000 women and children into the United States. Women and girl children are the primary targets for sexual exploitation into prostitution, pornography, sex tourism, and other …
Is Unilateral Humanitarian Intervention Compatible With The U.N. Charter?, Petr Valek
Is Unilateral Humanitarian Intervention Compatible With The U.N. Charter?, Petr Valek
Michigan Journal of International Law
The main topic of this Note is the compatibility of unilateral humanitarian intervention with Article 2(4) of the U.N. Charter (the Charter). Through its interpretation, the author will attempt to discover whether the Grotian idea of unilateral humanitarian intervention can survive in the environment of contemporary international law without its "just war appendix." This Note will separate this idea from its "just war justification" and approach the question of the compatibility of such intervention with the Charter as a legal positivist. In the interpretation of Article 2(4) of the Charter, this Note will try to avoid moral principles. Instead, it …
Pornography As Trafficking, Catharine A. Mackinnon
Pornography As Trafficking, Catharine A. Mackinnon
Michigan Journal of International Law
In material reality, pornography is one way women and children are trafficked for sex. To make visual pornography, the bulk of the industry's products, real women and children, and some men, are rented out for use in commercial sex acts. In the resulting materials, these people are then conveyed and sold for a buyer's sexual use. Obscenity laws, the traditional legal approach to the problem, do not care about these realities at all. The morality of what is said and shown remains their focus and concern. The injuries inflicted on real people to make the materials, or because they are …
Legal "Black Hole"? Extraterritorial State Action And International Treaty Law On Civil And Political Rights, Ralph Wilde
Legal "Black Hole"? Extraterritorial State Action And International Treaty Law On Civil And Political Rights, Ralph Wilde
Michigan Journal of International Law
This Article considers the significant role that extraterritorial activity is playing in the post-9/11 foreign policy of some States and the idea that this activity somehow takes place "outside" the law or, at least, outside an arena where legal norms apply as a matter of course rather than only when and to the extent that the State involved decides these norms will apply. It begins in Section II by mapping out the extraterritorial state activities conducted since 9/11, covering activities with a personalized object-such as the military action taken in Afghanistan against Al Qaeda-and activities with a spatial (territorial) object-such …
Review Of Human Rights: Between Idealism And Realism, Steven R. Ratner
Review Of Human Rights: Between Idealism And Realism, Steven R. Ratner
Reviews
For centuries, moral philosophers have regarded ethics and justice in the international plane as part of their domain. The move from the personal to the societal or national to the global seems effortless. In recent years, philosophers in ethics have devoted considerable attention to the ethical significance of nationality and patriotism, asking whether an impartial morality permits better treatment of an individual’s co-nationals; while those in politics have revisited issues of international justice through, for instance, works on human rights and just war theory. These two bodies of work both address what constitutes a just world and what role the …
The Michigan Guidelines On Well-Founded Fear, Colloquium On Challenges In International Refugee Law
The Michigan Guidelines On Well-Founded Fear, Colloquium On Challenges In International Refugee Law
Other Publications
An individual qualifies as a Convention refugee only if he or she has a "well-founded fear" of being persecuted. While it is generally agreed that the "well-founded fear" requirement limits refugee status to persons who face an actual, forward-looking risk of being persecuted (the "objective element"), linguistic ambiguity has resulted in a divergence of views regarding whether the test also involves assessment of the state of mind of the person seeking recognition of refugee status (the "subjective element").
Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks
Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks
Articles
Linguistic ambiguity in the refugee definition's requirement of "well-founded fear" of being persecuted has given rise to a wide range of interpretations. There is general agreement that a fear is "well-founded" only if the refugee claimant faces an actual, forward-looking risk of being persecuted in her country of origin (the "objective element"). But it is less clear whether the well-founded "fear" standard also requires a showing that the applicant is not only genuinely at risk, but also stands in trepidation of being persecuted. Beyond vague references to the subjective quality of "fear," few courts or commentators have undertaken the task …
The Right Of States To Repatriate Former Refugees, James C. Hathaway
The Right Of States To Repatriate Former Refugees, James C. Hathaway
Articles
Armed conflict often results in the large-scale exodus of refugees into politically and economically fragile neighboring states. The burdens on asylum countries can be extreme, and may only be partly offset by the arrival of international aid and protection resources. Moreover, difficulties inherent in the provision of asylum have been exacerbated in recent years by the increasing disinclination of the wealthier countries that fund the United Nations High Commissioner for Refugees (UNHCR) and most other assistance agencies to meet the real costs of protection. In such circumstances, it is unsurprising that as conflicts wind down, host countries ordinarily seek to …