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Human Rights Law

2014

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Articles 1 - 30 of 754

Full-Text Articles in Law

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson Dec 2014

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …


La Maraton De Cayma, Ramiro De Valdivia Cano Dec 2014

La Maraton De Cayma, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

LA MARATON DE CAYMA


La Agenda De Pacaembu, Ramiro De Valdivia Cano Dec 2014

La Agenda De Pacaembu, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

LA AGENDA DE PACAEMBU


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz Dec 2014

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.


El Fracaso Del Derecho, Ramiro De Valdivia Cano Dec 2014

El Fracaso Del Derecho, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

EL FRACASO DEL DERECHO


What Are Transitions For? Atrocity, International Criminal Justice, And The Political, Paulo D. Barrozo Dec 2014

What Are Transitions For? Atrocity, International Criminal Justice, And The Political, Paulo D. Barrozo

Boston College Law School Faculty Papers

This essay offers an answer to the question of what societies afflicted by atrocities ought to transition into. The answer offered is able to better direct the evaluation of previous models and the design of new models of transitional justice. Into what, then, should transitional justice transition? I argue in this essay that transitional justice should be a transition into the political, understood in its robust liberalism version. I further argue that the most significant part of transitions ought to happen in the minds of the members of political communities, precisely where the less tangible and yet most important dimension …


What Are Transitions For? Atrocity, International Criminal Justice, And The Political, Paulo Barrozo Dec 2014

What Are Transitions For? Atrocity, International Criminal Justice, And The Political, Paulo Barrozo

Paulo Barrozo

This essay offers an answer to the question of what societies afflicted by atrocities ought to transition into. The answer offered is able to better direct the evaluation of previous models and the design of new models of transitional justice. Into what, then, should transitional justice transition? I argue in this essay that transitional justice should be a transition into the political, understood in its robust liberalism version. I further argue that the most significant part of transitions ought to happen in the minds of the members of political communities, precisely where the less tangible and yet most important dimension …


El R.P. Thomas M. Schelble S.M. (1917 – 2006), Ramiro De Valdivia Cano Dec 2014

El R.P. Thomas M. Schelble S.M. (1917 – 2006), Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

EL R.P. THOMAS M. SCHELBLE S.M. (1917 – 2006)


The Uk Testicle Law To Violate Human Rights And Block Iran And The U.S. Ties., Mohamad Ali Ali Yousefkhani Mr Dec 2014

The Uk Testicle Law To Violate Human Rights And Block Iran And The U.S. Ties., Mohamad Ali Ali Yousefkhani Mr

Mohamad Ali Ali Yousefkhani

These days human right it converted a kind of means for the powerful government to abuse the poor people and looted the poor countries resources . the main important country that always change the innocent people fate is The UK. The above country not only convicted lots of country to break human right but also follow its impolite behaves to occupied poor countries . The above country recently doing its all best to dark Iran and The U.S. Ties dye to its disgusting intention .


Reconocimiento Y Ejecución De Sentencias Extranjeras, Ramiro De Valdivia Cano Dec 2014

Reconocimiento Y Ejecución De Sentencias Extranjeras, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

RECONOCIMIENTO Y EJECUCIÓN DE SENTENCIAS EXTRANJERAS


Finogenov C. Rusia: Agentes Químicos Incapacitantes Y El Derecho A La Vida, Lucas Arteaga Dec 2014

Finogenov C. Rusia: Agentes Químicos Incapacitantes Y El Derecho A La Vida, Lucas Arteaga

Lucas Arteaga Gatica

the article analyzes the recent judgment of the European Court of Human Rights relative to the hostage crisis on a Moscow theatre and the Russian authorities actions. Finogenov v. Russia (2012) deals, for the first time before an international tribunal, with the use of incapacitating chemical agents. This judgment did not condemn Russia for using such weapons but for its actions after the gas was released. The author’s pretensions are to expose a critical view on the basis of Human Rights and the Chemical Weapons Convention that will lead to conclude that the use of incapacitating chemical weapons, on the …


Anthropology, Human Rights, And Legal Knowledge: Culture In The Iron Cage, Annelise Riles Dec 2014

Anthropology, Human Rights, And Legal Knowledge: Culture In The Iron Cage, Annelise Riles

Annelise Riles

In this article, I draw on ethnography in the particular zone of engagement between anthropologists, on the one hand, and human rights lawyers who are skeptical of the human rights regime, on the other hand. I argue that many of the problems anthropologists encounter with the appropriation and marginalization of anthropology's analytical tools can be understood in terms of the legal character of human rights. In particular, discursive engagement between anthropology and human rights is animated by the pervasive instrumentalism of legal knowledge. I contend that both anthropologists who seek to describe the culture of human rights and lawyers who …


Introducing Discipline: Anthropology And Human Rights Administrations, Iris Jean-Klein, Annelise Riles Dec 2014

Introducing Discipline: Anthropology And Human Rights Administrations, Iris Jean-Klein, Annelise Riles

Annelise Riles

Anthropologists engage human rights administrations with an implicit promise that our discipline has something unique to offer. The articles in this special issue turn questions about relevance and care so often heard in the context of debates about human rights outside in. They focus not on how anthropology can contribute to human rights activities, but on what anthropological encounters with human rights contribute to the development of our discipline. They ask, how exactly do we render the subject relevant to anthropology? Reflecting on some ways anthropologists in this field have dispensed care for their subjects, the authors highlight two modalities …


Rights Inside Out: The Case Of The Women's Human Rights Campaign, Annelise Riles Dec 2014

Rights Inside Out: The Case Of The Women's Human Rights Campaign, Annelise Riles

Annelise Riles

This essay traces the relationship between activists and academics involved in the campaign for “women’s rights as human rights” as a case study of the relationship between different classes of what I call “knowledge professionals” self-consciously acting in a transnational domain. The puzzle that animates this essay is the following: how was it that at the very moment at which a critique of “rights” and a reimagination of rights as “rights talk” proved to be such fertile ground for academic scholarship did the same “rights” prove to be an equally fertile ground for activist networking and lobbying activities? The paper …


Civilian Starvation And Relief During Armed Conflict: The Modern Humanitarian Law, Charles A. Allen Dec 2014

Civilian Starvation And Relief During Armed Conflict: The Modern Humanitarian Law, Charles A. Allen

Georgia Journal of International & Comparative Law

No abstract provided.


Imagine A World Without Hunger: The Hurdles Of Global Justice, Muna B. Ndulo Dec 2014

Imagine A World Without Hunger: The Hurdles Of Global Justice, Muna B. Ndulo

Muna B Ndulo

No abstract provided.


Targeting And The Concept Of Intent, Jens David Ohlin Dec 2014

Targeting And The Concept Of Intent, Jens David Ohlin

Jens David Ohlin

International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems, often civil law jurisdictions, prosecutors, judges and even scholars have progressively …


Applying The Death Penalty To Crimes Of Genocide, Jens David Ohlin Dec 2014

Applying The Death Penalty To Crimes Of Genocide, Jens David Ohlin

Jens David Ohlin

No abstract provided.


Is Jus In Bello In Crisis?, Jens Ohlin Dec 2014

Is Jus In Bello In Crisis?, Jens Ohlin

Jens David Ohlin

It is a truism that new technologies are remaking the tactical and legal landscape of armed conflict. While such statements are undoubtedly true, it is important to separate genuine trends from scholarly exaggeration. The following essay, an introduction to the Drone Wars symposium of the Journal, catalogues today’s most pressing disputes regarding international humanitarian law (IHL) and their consequences for criminal responsibility. These include: (i) the triggering and classification of armed conflicts with non-state actors; (ii) the relative scope of IHL and international human rights law in asymmetrical conflicts; (iii) the targeting of suspected terrorists under concept- or status-based classifications …


Reclaiming Fundamental Principles Of Criminal Law In The Darfur Case, George P. Fletcher, Jens David Ohlin Dec 2014

Reclaiming Fundamental Principles Of Criminal Law In The Darfur Case, George P. Fletcher, Jens David Ohlin

Jens David Ohlin

According to the authors, the Report of the UN Commission of Inquiry on Darfur and the Security Council referral of the situation in Darfur to the International Criminal Court (ICC) bring to light two serious deficiencies of the ICC Statute and, more generally, international criminal law: (i) the systematic ambiguity between collective responsibility (i.e. the responsibility of the whole state) and criminal liability of individuals, on which current international criminal law is grounded, and (ii) the failure of the ICC Statute fully to comply with the principle of legality. The first deficiency is illustrated by highlighting the notions of genocide …


Attempt, Conspiracy, And Incitement To Commit Genocide, Jens Ohlin Dec 2014

Attempt, Conspiracy, And Incitement To Commit Genocide, Jens Ohlin

Jens David Ohlin

In these brief commentaries to the U.N. Genocide Convention, I explore three criminal law modes of liability as they apply to the international crime of genocide. Part I analyzes attempt to commit genocide and uncovers a basic tension over whether attempt refers to the genocide itself (the chapeau) or the underlying offense (such as killing). Part I concludes that the tension stems from the fact that the crime of genocide itself is already inchoate in nature, since the legal requirements for the crime do not require an actual, completed genocide, in the common-sense understanding of the term, but only a …


The Duty To Capture, Jens David Ohlin Dec 2014

The Duty To Capture, Jens David Ohlin

Jens David Ohlin

The duty to capture stands at the fault line between competing legal regimes that might govern targeted killings. If human rights law and domestic law enforcement procedures govern these killings, the duty to attempt capture prior to lethal force represents a cardinal rule that is systematically violated by these operations. On the other hand, if the Law of War applies then the duty to capture is fundamentally inconsistent with the summary killing already sanctioned by jus in bello. The following Article examines the duty to capture and the divergent approaches that each legal regime takes to this normative requirement, and …


Is The Concept Of The Person Necessary For Human Rights?, Jens David Ohlin Dec 2014

Is The Concept Of The Person Necessary For Human Rights?, Jens David Ohlin

Jens David Ohlin

The concept of the person is widely assumed to be indispensable for making a rights claim. But a survey of the concept's appearance in legal discourse reveals that the concept is stretched to the breaking point. Personhood stands at the center of debates as diverse as the legal status of embryos and animals to the rights and responsibilities of corporations and nations. This Note analyzes the evidence and argues that personhood is a cluster concept with distinct components: the biological concept of the human being, the notion of a rational agent, and unity of consciousness. This suggests that it is …


Venezuela Sanctions Highlight Us Hypocrisy On Human Rights, Lauren Carasik Dec 2014

Venezuela Sanctions Highlight Us Hypocrisy On Human Rights, Lauren Carasik

Media Presence

No abstract provided.


High Court Of Australia Declines Leave To Appeal Cyc V Cobaw, Neil J. Foster Dec 2014

High Court Of Australia Declines Leave To Appeal Cyc V Cobaw, Neil J. Foster

Neil J Foster

Discusses the recent decision of the High Court to refuse special leave to appeal in CYC v Cobaw, and implications of the decision for religious freedom in Australia.


Human Persons, Human Rights, And The Distributive Structure Of Global Justice, Robert C. Hockett Dec 2014

Human Persons, Human Rights, And The Distributive Structure Of Global Justice, Robert C. Hockett

Robert C. Hockett

It is common for economically oriented transnational legal theorists to think and communicate mainly in maximizing terms. It is less common for them to notice that each time we speak explicitly of maximizing one thing, we speak implicitly of distributing another thing and equalizing yet another thing. Moreover, we effectively define ourselves and our fellow humans by reference to that which we equalize. For it is in virtue of the latter that our global welfare formulations treat us as "counting" for purposes of globally aggregating and maximizing. To analyze maximization language on the one hand, and equalization and identification language …


Why Paretians Can’T Prescribe: Preferences, Principles, And Imperatives In Law And Policy, Robert C. Hockett Dec 2014

Why Paretians Can’T Prescribe: Preferences, Principles, And Imperatives In Law And Policy, Robert C. Hockett

Robert C. Hockett

Recent years have witnessed two linked revivals in the legal academy. The first is renewed interest in articulating a normative “master principle” by which legal rules might be evaluated. The second is renewed interest in the prospect that a variant of Benthamite “utility” might serve as the requisite touchstone. One influential such variant now in circulation is what the Article calls “Paretian welfarism.” This Article rejects Paretian welfarism and advocates an alternative it calls “fair welfare.” It does so because Paretian welfarism is inconsistent with ethical, social, and legal prescription, while fair welfare is what we have been groping for …


Familia Y Comunidad Política En El Perú: Necesidad De Control De La Convencionalidad, Ramiro De Valdivia Cano Dec 2014

Familia Y Comunidad Política En El Perú: Necesidad De Control De La Convencionalidad, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

FAMILIA Y COMUNIDAD POLÍTICA EN EL PERÚ: NECESIDAD DE CONTROL DE LA CONVENCIONALIDAD


Oscar Romero Y Thomas Becket, Ramiro De Valdivia Cano Dec 2014

Oscar Romero Y Thomas Becket, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

OSCAR ROMERO Y THOMAS BECKET


I Giorni Della Libertà. Italia 62 Años Después, Ramiro De Valdivia Cano Dec 2014

I Giorni Della Libertà. Italia 62 Años Después, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

I giorni della libertà. Italia 62 años después