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Articles 1 - 30 of 32
Full-Text Articles in Law
Youth Activism, Art And Transitional Artist: Emerging Spaces Of Memory After The Jasmin Revolution, Arnaud Kurze
Youth Activism, Art And Transitional Artist: Emerging Spaces Of Memory After The Jasmin Revolution, Arnaud Kurze
Arnaud Kurze
This project explores the creation of alternative transitional justice spaces in post-conflict contexts, particularly concentrating on the role of art and the impact of social movements to address human rights abuses. Drawing from post-authoritarian Tunisia, it scrutinizes the work of contemporary youth activists and artists to deal with the past and foster sociopolitical change. Although these vanguard protesters provoked the overthrow of President Zine El Abidine Ben Ali in 2011, the power vacuum was quickly filled by old elites. The exclusion of young revolutionaries from political decision-making led to unprecedented forms of mobilization to account for repression and injustice under …
Autonomous Decisionmaking And Social Choice: Examining The "Right To Die", Donald L. Beschle
Autonomous Decisionmaking And Social Choice: Examining The "Right To Die", Donald L. Beschle
Donald L. Beschle
No abstract provided.
Session 2: The U.S. Perspective, Peter K. Yu, Allan Adler, Duncan Crabtree-Ireland, Mickey Osterreicher, Michael Wolfe, Aurelia J. Schultz
Session 2: The U.S. Perspective, Peter K. Yu, Allan Adler, Duncan Crabtree-Ireland, Mickey Osterreicher, Michael Wolfe, Aurelia J. Schultz
Peter K. Yu
This panel provides an overview of the current state of protection of moral rights in the United States, including discussion of the “patchwork” approach of federal and state laws, as well as judicial opinions.
An Environmental Justice Critique Of Biofuels, Carmen G. Gonzalez
An Environmental Justice Critique Of Biofuels, Carmen G. Gonzalez
Carmen G. Gonzalez
The Role Of Transnational Identity And Migration, Enid Trucios-Haynes
The Role Of Transnational Identity And Migration, Enid Trucios-Haynes
Enid F. Trucios-Haynes
No abstract provided.
Report Of The Independent Expert On Human Rights And International Solidarity, Obiora C. Okafor
Report Of The Independent Expert On Human Rights And International Solidarity, Obiora C. Okafor
Obiora Chinedu Okafor
This is the first report prepared by Obiora Chinedu Okafor in his capacity as Independent Expert on human rights and international solidarity. In the report, submitted pursuant to Human Rights Council resolution 35/3, the Independent Expert sets out his vision for the mandate, summarizes the work undertaken so far by his predecessors, outlines his objectives and methods of work, and discusses possible thematic priorities for the mandate.
Introduction, Obiora Chinedu Okafor
The Anatomy Of The Human Rights Framework For Intellectual Property, Peter K. Yu
The Anatomy Of The Human Rights Framework For Intellectual Property, Peter K. Yu
Peter K. Yu
Since the U.N. Sub-Commission on the Promotion and Protection of Human Rights adopted Resolution 2000/7 on "Intellectual Property Rights and Human Rights" more than fifteen years ago, a growing volume of literature has been devoted to the debates on the human rights limits to intellectual property rights, intellectual property and human rights, and intellectual property as human rights. Commentators, myself included, have also called for the development of a human rights framework for intellectual property. Thus far, very few commentators have explored the place of patent rights in this framework. Very little research, if any, has also been devoted to …
The Evictions At Nyamuma: Struggles Over Land And The Limits Of Human Rights Advocacy In Tanzania, Ruth Buchanan, Kerry Rittich, Helen Kijo-Bisimba
The Evictions At Nyamuma: Struggles Over Land And The Limits Of Human Rights Advocacy In Tanzania, Ruth Buchanan, Kerry Rittich, Helen Kijo-Bisimba
Ruth Buchanan
The event which gave rise to the inquiry in this paper occurred in a village known as Remaining Nyamuma which was located on the border of the Ikorongo Game Reserve, immediately adjacent to the Serengeti National Park in Tanzania. Sometime in October of 2001, district officials informed the villagers by loudspeaker that they must leave the area and return to their original villages within four days. Two days after the notice period had ended, the District Commissioner himself set fire to a house belonging to one of the villagers, initiating a violent eviction of the villagers by the burning of …
Egypt’S Protracted Revolution, Sahar F. Aziz
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
Fatma Marouf
A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet, the Board of Immigration Appeals has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examination of the elements with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offenses are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious crime determination to promote …
Human Rights Ngos In East Africa: Defining The Challenges, Makau Mutua
Human Rights Ngos In East Africa: Defining The Challenges, Makau Mutua
Makau Mutua
Published as Chapter 1 in Human Rights NGOS in East Africa: Political and Normative Tensions, Makau Mutua, ed.
What Is The Right To Privacy?, Andrei Marmor
What Is The Right To Privacy?, Andrei Marmor
Andrei Marmor
A philosophical account of the right to privacy should explain what is the distinct interest that the right is there to protect, what it takes to secure it, and what would count as a violation of the right. In this paper I argue that the right to privacy is grounded on people’s interest in having a reasonable measure of control over ways in which they present themselves (and what is theirs) to others; I argue that in order to secure this kind of interest we need to have a reasonably secure and predictable environment about the flow of information. And …
The Role Of International Actors In Promoting Rule Of Law In Uganda, Joseph M. Isanga
The Role Of International Actors In Promoting Rule Of Law In Uganda, Joseph M. Isanga
Joseph Isanga
African conflicts have been caused in part by regimes that do not respect democracy. Uganda is an illustrative case. International actors have played along under an undeclared policy of constructive engagement, but this has essentially served only to delay democratic evolution. As a result, Ugandan leaders have become increasingly autocratic. In such circumstances, reliance on the military and personal rule based on patronage--as opposed to democracy and the rule of law-have become critically important in governance. Yet forceful measures often only beget forceful reactions. The best hope for democracy is for courts to enforce the will of the people as …
The "Common Word," Development, And Human Rights: African And Catholic Perspectives, Joseph M. Isanga
The "Common Word," Development, And Human Rights: African And Catholic Perspectives, Joseph M. Isanga
Joseph Isanga
Africa is the most conflict-ridden region of the world and has been since the end of the Cold War. The Continent's performance in both development and human rights continues to lag behind other regions in the world. Such conditions can cause religious differences to escalate into conflict, particularly where religious polarity is susceptible to being exploited. The sheer scale of such conflicts underscores the urgency and significance of interreligious engagement and dialogue: 'Quantitative and qualitative analysis based on a ... database including 28 violent conflicts show that religion plays a role more frequently than is usually assumed.' This ambivalent character …
Counter-Terrorism And Human Rights: The Emergence Of A Rule Of Customary International Law From U.N. Resolutions, Joseph M. Isanga
Counter-Terrorism And Human Rights: The Emergence Of A Rule Of Customary International Law From U.N. Resolutions, Joseph M. Isanga
Joseph Isanga
This article is divided into four sections. Section I will discuss how a rule of customary international law generally develops, including discussions of development from conventional sources and the use of United Nations resolutions for finding a rule of customary international law generally. Section II will expound the treatment of and reliance upon the United Nations resolutions as a source of law by the International Court of Justice, in order to facilitate our discussion of an emerging rule of customary international law from resolutions. Section III will consider the limitations for using resolutions as binding statements of opinio juris. Finally, …
Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga
Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga
Joseph Isanga
This Article considers the contribution of Pope John Paul II’s apostolic letter On the Dignity and Vocation of Women to the deeper understanding of women’s dignity as it relates to the process of articulating and rearticulating international women’s rights, with particular attention on domestic violence.2 This letter, Mulieris Dignitatem, brings together some of the Catholic Church’s most important teachings on gender equality. This Article delineates norms articulated in Mulieris Dignitatem that can inform international standards regarding the protection of women from domestic violence. To date there are no legally binding global human rights instruments that explicitly recognize the right to …
Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga
Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga
Joseph Isanga
This article examines Kenya's international human rights obligations and finds that there is support for religious courts, provided relevant human rights guarantees are ensured. Kenya's Kadhi's courts have existed in the constitution since independence from the British. So why do some religious groups now oppose them or their enhancement under Kenya's Constitution? Opponents of Kadhi's courts advance, inter aha, the following arguments. First, Kadhi's courts provisions favour one religion and divide Kenyans along religious lines. Second, they introduce Sharia law. Third, the historical reasons for their existence have been overtaken by events. Fourth, non-Muslims shouldn't be taxed to fund a …
Foundations Of Human Rights And Development: A Critique Of African Human Rights Instruments, Joseph M. Isanga
Foundations Of Human Rights And Development: A Critique Of African Human Rights Instruments, Joseph M. Isanga
Joseph Isanga
This Article argues that, of the contemporary human rights theories, sustainable African development necessitates grounding human rights in complete alignment with the broader perspective of natural law theory, as opposed to narrower perspectives such as utilitarian, positivist, and kindred theories.3 Part I presents pertinent philosophical theories and modes of analysis in conjunction with general international legal jurisprudence. Part II then uses this philosophical analysis to examine specific African human rights instruments and jurisprudence. Part III considers African traditional human rights conceptions. Part IV recommends a natural law foundation for African development. [excerpt]
The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa (Review Essay), Makau Mutua
The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa (Review Essay), Makau Mutua
Makau Mutua
Review of Claude E. Welch, Protecting Human Rights in America: Strategies and Roles of Non-Governmental Organizations (1995).
James Dawes's That The World May Know: Bearing Witness To Atrocity (Book Review), Makau Mutua
James Dawes's That The World May Know: Bearing Witness To Atrocity (Book Review), Makau Mutua
Makau Mutua
No abstract provided.
Putting Humpty Dumpty Back Together Again: The Dilemmas Of The Post-Colonial African State (Review Essay), Makau Wa Mutua
Putting Humpty Dumpty Back Together Again: The Dilemmas Of The Post-Colonial African State (Review Essay), Makau Wa Mutua
Makau Mutua
Reviewing Collapsed States: The Disintegration and Restoration of Legitimate Authority, I. William Zartman, ed.
Conflicting Conceptions Of Human Rights: Rethinking The African Post-Colonial State, Makau Wa Mutua
Conflicting Conceptions Of Human Rights: Rethinking The African Post-Colonial State, Makau Wa Mutua
Makau Mutua
No abstract provided.
An Emerging Uniformity For International Law, David H. Moore
An Emerging Uniformity For International Law, David H. Moore
David H. Moore
No abstract provided.
Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng
Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng
Michael P. Seng
This article will explain why restorative justice is an effective remedy in resolving the social and economic problems that plague our communities. A narrow approach will not succeed. Restorative justice solutions require participation by the entire community; nothing less will work.
Putting “Human Rights” Back Into The U.N. Guiding Principles On Business And Human Rights: Shifting Frames And Embedding Participation Rights, Tara J. Melish
Putting “Human Rights” Back Into The U.N. Guiding Principles On Business And Human Rights: Shifting Frames And Embedding Participation Rights, Tara J. Melish
Tara Melish
Published as Chapter 4 in Business and Human Rights: Beyond the End of the Beginning, Cesar Rodriguez-Garavito, ed.
Special International Zones In Practice And Theory, Tom W. Bell
Special International Zones In Practice And Theory, Tom W. Bell
Tom W. Bell
Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment, Claudio M. Grossman, Nora Sevaass, Felice Gaer
Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment, Claudio M. Grossman, Nora Sevaass, Felice Gaer
Claudio M. Grossman
Sexual Orientation And Gender Identity Discrimination, Holning Lau
Sexual Orientation And Gender Identity Discrimination, Holning Lau
Holning Lau
Sweet Taste With Bitter Roots: Forced Labour And Chowdury And Others V Greece, Vladislava Stoyanova