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Full-Text Articles in Law

Corporate Initiatives: A Second Human Rights Revolution?, Douglass Cassel Nov 2013

Corporate Initiatives: A Second Human Rights Revolution?, Douglass Cassel

Douglass Cassel

This Essay examines the role of multinational corporations in protecting human rights around the globe. Part I analyzes the conduct of corporations, describes examples of corporations' involvement in human rights violations, and discusses the merits of greater responsibility of corporations. Part II suggests that the level of responsibility for a multinational corporation depends on the proximity of the corporation's operations to human rights violations, in combination with the seriousness of the violations, and proposes five gradations of responsibility. This Essay concludes that the evolving nature of the global economy is producing a shift in responsibilities from government to the private …


Is There A New World Court?, Douglass Cassel Nov 2013

Is There A New World Court?, Douglass Cassel

Douglass Cassel

No abstract provided.


Corporate Aiding And Abetting Of Human Rights Violations: Confusion In The Courts, Douglass Cassel Nov 2013

Corporate Aiding And Abetting Of Human Rights Violations: Confusion In The Courts, Douglass Cassel

Douglass Cassel

No abstract provided.


Defending Human Rights In The "War" Against Terror, Douglass Cassel Nov 2013

Defending Human Rights In The "War" Against Terror, Douglass Cassel

Douglass Cassel

No abstract provided.


War Crimes And Other Human Rights Abuses In The Former Yugoslavia, Robert T. Mounts, Jeffrey L. Bleich, Doug Cassell Nov 2013

War Crimes And Other Human Rights Abuses In The Former Yugoslavia, Robert T. Mounts, Jeffrey L. Bleich, Doug Cassell

Douglass Cassel

No abstract provided.


Introduction And Postscript: Partial Progress On Un Reform, Douglass Cassel Nov 2013

Introduction And Postscript: Partial Progress On Un Reform, Douglass Cassel

Douglass Cassel

No abstract provided.


A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel Nov 2013

A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel

Douglass Cassel

The international legal boundary between states; rights and human rights is not fixed. Long ago, the Permanent Court of International Justice - the judicial arm of the League of Nations and the precursor to the present International Court of Justice - recognized that "the question whether a certain matter is or is not solely within the jurisdiction of a State is an essentially relative question; it depends on the development of international relations." In recent decades international relations concerning both sovereignty and rights have developed quickly. An examination of those rights and the evolving realities of sovereignty are examined.


Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel Nov 2013

Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel

Douglass Cassel

Amnesty guidelines modeled on international law as defined by Latin American tribunals and treaties should be adopted and used by the United Nations, the Organization of American States, and national governments involved in remedying human rights violations. The 10 guidelines are stringent and would rarely result in the granting of amnesty. They may better serve their function than treaties or customary laws be cause they are guidelines and not mandatory.


Does International Human Rights Law Make A Difference?, Douglass Cassel Nov 2013

Does International Human Rights Law Make A Difference?, Douglass Cassel

Douglass Cassel

No abstract provided.


International Human Rights Law And Security Detention, Douglass Cassel Nov 2013

International Human Rights Law And Security Detention, Douglass Cassel

Douglass Cassel

This article analyzes the grounds, procedures, and conditions required by International Human Rights Law for preventive detention of suspected terrorists as threats to security. Such detention is generally permitted, provided it is based on grounds and procedures previously established by law; is not arbitrary, discriminatory, or disproportionate; is publicly registered and subject to fair and effective judicial review; and the detainee is not mistreated and is compensated for any unlawful detention. In Europe, however, preventive detention for security purposes is generally not permitted. If allowed at all, it is permitted only when a State in time of national emergency formally …


The Globalization Of Human Rights: Consciousness, Law And Reality, Douglass Cassel Nov 2013

The Globalization Of Human Rights: Consciousness, Law And Reality, Douglass Cassel

Douglass Cassel

No abstract provided.


Bosnia, War Crimes, And Humanitarian Intervention, Jane Olson, Lois Fielding, Holly Burkhalter, Douglas Cassel Jr. Nov 2013

Bosnia, War Crimes, And Humanitarian Intervention, Jane Olson, Lois Fielding, Holly Burkhalter, Douglas Cassel Jr.

Douglass Cassel

This presentation examines the history of the laws of war and the effort made through international law to prevent war crimes and to punish those responsible for war crimes. It specifically looks as the Statute of the International Tribunal as a method in establishing the meaning of the crimes. It then evaluates the United States' policy of war crimes as applied in Bosnia and how it has affected its relations with NATO and the UN.