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Articles 1 - 10 of 10
Full-Text Articles in Law
The Inter-American System And The Protection Of Indigenous Peoples’ Rights (Spanish)., Giovanna E. Gismondi
The Inter-American System And The Protection Of Indigenous Peoples’ Rights (Spanish)., Giovanna E. Gismondi
Giovanna E. Gismondi
The present article underscore the role of the Inter-American Commission and the Inter-American Court of Human Rights in regards to the protection of the rights of indigenous communities, including their right to lands, natural resources and a healthy environment. In this regard, the intervention of the human rights organs of the Organization of American States (OAS), has had a positive impact on the laws and policies of Latin American countries towards the protection of indigenous peoples' rights. The article discusses four cases that set the standards of the legal protection of indigenous communities within the Inter-American System for the protection …
The Legality Of The Use Of White Phosphorus By The United States Military During The 2004 Fallujah Assaults, Roman O. Reyhani
The Legality Of The Use Of White Phosphorus By The United States Military During The 2004 Fallujah Assaults, Roman O. Reyhani
ExpressO
The assaults on Fallujah by the United States military in April and November 2004 involved the use of white phosphorus. White phosphorus has extremely damaging effects on the health of victims, including severe burns and irritation of the respiratory system. This article examines whether the use of white phosphorus was a violation of the Chemical Weapons Convention, Protocol III to the Convention on Conventional Weapons and international humanitarian law. It concludes that the use of white phosphorus was illegal as it could be argued to be a chemical weapon, a riot control agent, or incendiary weapon. Furthermore, the methods and …
Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov
Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov
ExpressO
Abstract The article focuses on elucidating the meaning of Yukos risk mainly in terms of corporate bankruptcy litigation in multiple jurisdictions, including, the U.S., U.K., The Netherlands, and Russia. The emphasis is on understanding the various legal theories and the court decisions reached so far in this continuing legal saga.
Using Internet 'Borders' To Coerce Or Punish, Benjamin E. Brockman-Hawe
Using Internet 'Borders' To Coerce Or Punish, Benjamin E. Brockman-Hawe
Benjamin E. Brockman-Hawe
The prevailing ideology of the 1990’s reflected widespread dissatisfaction with the inadequacy and negative humanitarian consequences of broad multilateral economic sanctions.3 This in turn provoked a search on the part of NGO’s, states, UN agencies and academic institutions for an alternative sanctions approach that would remove the significant burden traditional economic sanctions placed on vulnerable segments of society while accomplishing the objectives for which they were imposed. The result of these cooperative efforts - the conceptualization and implementation of “smart” sanctions over the next decade - reformed the multilateral sanctions regime in fundamental ways. The agencies and procedures collectively instituted …
Tribal, State, And Federal Cooperation To Achieve Good Governance, Prof. Elizabeth Burleson
Tribal, State, And Federal Cooperation To Achieve Good Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Jurisdictional uncertainty affects tribal sovereignty and public safety. Management of natural resources remains one of the few realms of authority over which tribes have retained control. Ancient wild rice harvesting by the Chippewa provides a context in which to consider a tribes ability to set water standards, as does Pueblo ceremonial use of the Rio Grande River. Cooperative tribal, state, federal, and international responses to the Methamphetamine crisis can address both environmental and human health. This study examines the prospect for integrated protection of health and habitat based upon comity and cooperation. It examines the parameters of homeland security and …
A Theory Of Expressive International Law, Alex Geisinger, Michael Ashley Stein
A Theory Of Expressive International Law, Alex Geisinger, Michael Ashley Stein
Faculty Publications
Ever since Grotius first suggested that desire for esteem from the broader global community motivates States to comply with international law, identifying just how this desire effects compliance has proven illusive. The ability to harness the pull of international society is important to virtually all treaty formation and compliance. It is especially important in the area of human rights regimes where other compliance forces such as coercion, are rarely, if ever, used. Recent empirical evidence, however, suggests that human rights regimes are ineffective. Indeed, in many situations this evidence suggests that the human rights practices of States that ratify such …
Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams
Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
International Legal Updates, Natalie Huls, Art Steele, Mihir Mankad, Huwaida Arraf, Courtney Nicolaisen, Miya Saika Chen
International Legal Updates, Natalie Huls, Art Steele, Mihir Mankad, Huwaida Arraf, Courtney Nicolaisen, Miya Saika Chen
Human Rights Brief
No abstract provided.
International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng
International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng
Human Rights Brief
No abstract provided.
Chasing 'Enemy Combatants' And Circumventing International Law: A License For Sanctioned Abuse, Peter J. Honigsberg
Chasing 'Enemy Combatants' And Circumventing International Law: A License For Sanctioned Abuse, Peter J. Honigsberg
Peter J Honigsberg
In 1944, in Korematsu v. United States, the Supreme Court made a major error in judgment. It ruled that the executive may forcibly remove over 110,000 Japanese Americans from their homes and relocate them in American detention camps. In two recent Supreme Court cases, Hamdi v. Rumsfeld and Hamdan v. Rumsfeld, the court made similar errors in judgment by accepting the administration's term "enemy combatant." The Supreme Court's errors were compounded when Congress passed the Military Commissions Act of 2006 in October, 2006, statutorily defining the term enemy combatant for the first time. By acknowledging the term enemy combatant, the …