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Full-Text Articles in Law
Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick
Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick
Michigan Journal of International Law
The author will focus on three legal instruments: (1) the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime (the Trafficking Protocol); (2) the Victims of Trafficking and Violence Protection Act (VTVPA), enacted by the U.S. Congress in 2000; and (3) the regulations issued in 2002 by the U.S. Department of Justice to implement the T visa for trafficking victims. The U.S. response to trafficking illustrates the difficulties faced by human rights advocates in source, transit, and destination countries to insure that anti-trafficking and other migration …
The Relationship Of Imf Structural Adjustment Programs To Economic, Social, And Cultural Rights: The Argentine Case Revisited, Jason Morgan-Foster
The Relationship Of Imf Structural Adjustment Programs To Economic, Social, And Cultural Rights: The Argentine Case Revisited, Jason Morgan-Foster
Michigan Journal of International Law
Perhaps as important as what this Note is, is what it is not: Economic theories abound concerning the causes of the Argentine crisis, some of which directly analyze the IMF's causal connection to the Argentine catastrophe. A Note on this subject would be one of economic theory, not international human rights law. While at certain points in the analysis of the human rights implications of SAPs, it will become difficult to avoid some speculation of economic theory, it is not the primary focus of this Note. Rather than implicate the IMF as part of the cause of the crisis, this …
Prosecuting Human Rights Violations In Europe And America: How Legal System Structure Affects Compliance With International Obligations, Micah S. Myers
Prosecuting Human Rights Violations In Europe And America: How Legal System Structure Affects Compliance With International Obligations, Micah S. Myers
Michigan Journal of International Law
Will states really live up to these obligations? Are some states, and some legal systems, better equipped to do so than others? After all, it is one thing to commit to prosecuting horrendous offenses, or to recognize that there is an obligation under customary international law to do so, yet it is quite another to actually prosecute the perpetrators of such an offense; this is particularly the case when the government has a strong desire not to prosecute, because the accused are members of the government, because they are strong supporters of it, because they are foreign allies of the …
Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short
Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short
Michigan Journal of Race and Law
This note will explore the treatment of the two primary violent sexual acts, rape and forced pregnancy, in modern international criminal law; more specifically in its treatment as genocide. The woman as an individual is the primary sufferer of sexual violence during armed conflict, however sexual violence is a calculated means by which perpetrators seek to destroy an entire ethnic group. Sexual violence is both an attack against the woman and an attack against the ethnic group, and should be prosecuted as such. While crimes against individuals are best prosecuted as crimes against humanity or under domestic law, crimes committed …
Internal Protection/Relocation/Flight Alternative As An Aspect Of Refugee Status Determination, James C. Hathaway, Michelle Foster
Internal Protection/Relocation/Flight Alternative As An Aspect Of Refugee Status Determination, James C. Hathaway, Michelle Foster
Book Chapters
In many jurisdictions around the world, the possibility of an ‘internal flight alternative’(IFA) (often referred to as ‘internal relocation alternative’) is invoked to deny refugee status to persons at risk of being persecuted for a Convention reason in part, but not all, of their country of origin. In this, as in so many areas of refugee lawand policy, the viability of a universal commitment to protection is challenged by divergence in State practice. The goals of this paper are therefore, first, briefly to review the origins and development of the practice of considering IFA as an aspect of the refugee …