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Full-Text Articles in Law
Non-Refoulement: The Search For A Consistent Interpretation Of Article 33, Ellen F. D' Angelo
Non-Refoulement: The Search For A Consistent Interpretation Of Article 33, Ellen F. D' Angelo
Vanderbilt Journal of Transnational Law
The international community rose to the challenge of addressing mass migration with the 1951 Convention Relating to the Status of Refugees (1951 Convention). The 1951 Convention established several important concepts as binding international law, including the requirements for refugee classification and the principle of non-refoulement. The duty of non-refoulement prohibits state-parties from expelling or returning a refugee in any manner whatsoever to the frontiers or territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group, or political opinion. According to the definition in Article 33, non-refoulement is applicable …
Enforcing Human Rights In U.S. Courts And Abroad: The Alien Tort Statute And Other Approaches, John B. Bellinger, Iii
Enforcing Human Rights In U.S. Courts And Abroad: The Alien Tort Statute And Other Approaches, John B. Bellinger, Iii
Vanderbilt Journal of Transnational Law
U.S. foreign policy--under every Administration--involves promoting respect for human rights around the world. Most of you probably know that the State Department spends a great deal of time and effort abroad, persuading foreign governments to change their human rights behavior and administering programs to advance the cause of human rights. What many of you may not be aware of, though, is that we are now quite frequently occupied "domestically" with suits by foreign plaintiffs in U.S. courts--often arising from conduct that occurred in other countries and has no significant connection to the U.S., that may not be consistent with our …
The Crisis Of International Law, Rafael Domingo
The Crisis Of International Law, Rafael Domingo
Vanderbilt Journal of Transnational Law
This Article delves into the reasons for the current crisis in the traditional international law system, considering how the system developed through the centuries in order to respond to the needs and circumstances of past historical epochs, as well as how the system is no longer capable of meeting the unique developments and needs of life in the Third Millennium. The Article considers the fundamental problems of a state-based system of international law that--rather than focusing on the prime actor and focus of the law, the human person, and his inherent dignity--concentrates on and gives enormous power to the artificial …