Law Commons^™

The Application Of The International Covenant On Civil And Political Rights To Hong Kong, Geping Rao

Washington International Law Journal

As a dependency of the United Kingdom, Hong Kong is ineligible to ratify international agreements such as the International Covenant on Civil and Political Rights. The United Kingdom ratified the ICCPR and in so doing extended it to Hong Kong, with certain reservations. Full implementation of the ICCPR in Hong Kong requires that it be incorporated into domestic law, however. That was accomplished in 1991 with the passage of the Hong Kong Bill of Rights. This Article discusses the incorporation of the ICCPR into Hong Kong law via the Hong Kong Bill of Rights and the Basic Law, and proposes …

International Human Rights, Morality In War, And The Structure Of Rights, Edward C. O'Dowd, Robert F. Schopp

Washington International Law Journal

A careful analysis of certain issues of morality in war demonstrates important differences in the duties recognized by Western and Chinese military officers toward their soldiers. These differences reflect fundamentally different theories of social morality in the societies these officers represent. Although Western countries and China have endorsed a common set of internationally recognized human rights, a meaningful consensus regarding human rights must remain consistent across three levels of analysis. The putative contemporary consensus among Chinese and liberal societies fails because the fundamental differences in underlying principles of social morality that give rise to divergent principles of morality in war …

"Comfort Women" From Korea: Japan's World War Ii Sex Slaves And The Legitimacy Of Their Claims For Reparations, Yvonne Park Hsu

Washington International Law Journal

During World War II, Japan forced 100,000 to 200,000 women from all over Asia into prostitution to satisfy the sexual cravings of Japanese soldiers. These women thus forced into prostitution were euphemistically called "comfort women". In December 1991, three former Korean comfort women filed suit in the Tokyo District Court, seeking damages for their sufferings. From both legal and moral perspectives, Japan needs to make reparations for violations of these women's fundamental human rights. By meeting the obligations arising from its past abuses of human rights, Japan will take a significant step toward preventing its militant past from re-occurring, fostering …

Towards A More Perfect European Human Rights Standard: A New Argument Against A United Kingdom Bill Of Rights, Keith Cope

BYU Law Review

No abstract provided.

Command Of Sovereignty Gives Way To Concern For Humanity, Christine Ellerman

Vanderbilt Journal of Transnational Law

This Note examines the legality of humanitarian intervention by tracing the historical justifications for nonintervention through modern interpretations of the U.N. Charter. Events leading to the change in the U.N. stance on humanitarian intervention are discussed. The Note also sets out criteria for justifiable intervention. The Note concludes that intervention can be justified to the extent that it is carried out for humanitarian purposes.

Minorities And Diversities: The Remarkable Experiment Of The League Of Nations, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Extraterritorial Employment Standards of the United States: The Regulation of the Overseas Workplace

By James Michael Zimmerman

New York, New York: Quorum Books, 1992. Pp.206.

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Fact-Finding before International Tribunals

Edited by Richard B. Lillich

Irvington-on-Hudson, New York: Transnational Publishers Inc., 1992, Pp. 338.

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International Human Rights Law in the Commonwealth Caribbean

Edited by Angela D. Byre and Bevereley Y. Byfield

Dordrecht, The Netherlands: Martinus Nijhoff Publishers, 1991. Pp. 398.

Capital Punishment Of Kids: When Courts Permit Parents To Act On Their Religious Beliefs At The Expense Of Their Children's Lives, Janet J. Anderson

Vanderbilt Law Review

Criminal liability of parents who treat their children's illnesses through spiritual means or prayer alone is the subject of increasing debate. When children die as a result of their parents' religious practices, prosecutions for crimes such as felony child endangerment, manslaughter, and murder may follow. Most states have codified some type of religious accommodation statute which provides a criminal liability exemption for parents who engage in spiritual healing or prayer treatment for their sick children instead of seeking traditional medical assistance. The scope, purpose, and language of these statutes, however, vary." Even when statutes appear to be similar in content, …

Aiding And Abetting Persecutors: The Seizure And Return Of Haitian Refugees In Violation Of The U.N. Refugee Convention And Protocol, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

Pursuant to Executive Order 12,807 of May 23, 1992, the “Kennebunkport Order,” United States Coast Guard cutters have been intercepting boatloads of Haitian citizens in international waters off the coast of Haiti and turning them over to the Haitian authorities in Port-au-Prince. No questions are being asked to determine if any of these citizens are bona fide refugees fleeing persecution. All are simply returned.

Does the Protocol relating to the Status of Refugees (Protocol), to which the United States is a party, permit the U.S. government to do this? That question is now before the United States Supreme Court. Regarding …

In The Wrong Place, At The Wrong Time: Problems With The Inter-American Court Of Human Rights Use Of Contentious Jurisdiction, Michael J. Corbera

Vanderbilt Journal of Transnational Law

The Inter-American region has a history of widespread human rights abuse. To combat this problem the Organization of American States has developed a regional system for the protection of human rights. The system's adjudicatory body is the Inter-American Court of Human Rights (the Court). In recent years the Court has expanded its power through its exercise of contentious jurisdiction. Certain factors, however, that are unique to the Inter-American region weigh against the Court's use of contentious jurisdiction.

Tracing the development of the Inter-American human rights system in general and the Court in particular, this Note evaluates the Court's powers and …

Neutral Partisan Lawyering And International Human Rights, Rob Atkinson

Scholarly Publications

This Essay considers the applicability of a particular model of legal ethics, neutral partisanship, to American lawyers’ representation of those who violate, or are accused of violating, international human rights. I maintain that neutral partisanship, a deficient model for American lawyers in their domestic practice, is even more problematic when applied in the international arena. The central question is this: are there limits, short of engaging in illegal conduct, that should constrain lawyers in the representation of those who violate international human rights? Neutral partisanship holds that any lawyer may, or, more strongly, must, pursue any legal end for any …

The Hunger Trap: Women, Food, And Self-Determination, Christine Chinkin, Shelley Wright

Michigan Journal of International Law

The authors examine the relationship of international law and food to women by first presenting seven stories of women from different situations, geographical locations, and conditions of affluence or poverty. These individual stories illustrate in a concrete way the circumstances of individual women's lives and their relationship to food and hunger. They are, to some extent, representative of women generally. We then examine the international legal framework and the provisions of international law that might be relevant to relieving the reality of hunger and women's vulnerability to food deprivation.

A Comment On The Canadian Bar Association's Gender Equality Task Force Report, Dianne Pothier

Dianne Pothier Collection

The Task Force Report is a comprehensive one that deserves to be read by all members of the profession. It documents widespread problems and suggests wide ranging solutions. Reading a review is not an adequate substitute. A review can only touch on highlights, whereas it is in the detail of the Report that its real impact lies. This review will briefly comment on each of the themes announced in the title of the Report: equality, diversity, and accountability. Although in my assessment the report is in some respects too timid, that should not take away from the fact the Report …

Illiteracy, Disempowerment And Injustice: How The Ontario Human Rights Code Can Protect Persons With Low Literacy Skills, Mark Anthony Drumbl

Scholarly Articles

For too long individuals with low literacy skills have been viewed as "illiterates" living on the margins of society, unable to function as well as their "literate" counterparts. In reality, the one third of all Canadians who have weak literacy skills perform vital roles in society and deserve not to be discriminated against in political employment and contractual situations.

Accordingly, the author suggests that discrimination against individuals with low literacy skills be prohibited by the creation of a new ground in the Ontario Human Rights Code entitled "lack of proficiency in English or French". The author canvasses the ability of …

The Haitian Refugee Crisis: A Quest For Human Rights, Thomas David Jones

Michigan Journal of International Law

On June 14, 1993, the Vienna Conference on Human Rights, sponsored by the United Nations, commenced its opening session mired in controversy over the validity of a universal human rights doctrine. Many Third World or developing nations contended that Western norms of justice and fairness were not applicable to their societies. Thus, the developing nations articulated a culture-bound or relativistic concept of fundamental human rights. The developing nations' particularistic position was championed by such nations as China, Iran, Cuba, and Vietnam, signatories to the Bangkok Declaration of 1993. The Bangkok Declaration provides, inter alia, that though human rights are …

Prostitution: A Violation Of Women's Human Rights, Dorchen Leidholdt

Cardozo Journal of Equal Rights & Social Justice

The article argues that prostitution is a violation of women's human rights, asserting that it is not a form of work or a legitimate choice but rather an exploitative institution rooted in gender inequality. The author criticizes the pro-prostitution lobby for framing prostitution as empowering, arguing that this perspective ignores the inherent abuse and exploitation faced by women in the industry.

Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt

Northwestern Journal of International Law & Business

Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business decisions …

The Role Of Public Opinion, Public Interest Groups, And Political Parties In Creating And Implementing Environmental Policy., Irma S. Russell

Faculty Works

No abstract provided.

South Korea: Implementation And Application Of Human Rights Covenants, Suk Tae Lee

Michigan Journal of International Law

Under article 40 of the International Covenant on Civil and Political Rights (ICCPR), the State Party undertakes to submit reports on the measures it has adopted which give effect to the rights recognized in the ICCPR and demonstrate the progress it has made in granting its citizens the enjoyment of those rights. The report was examined by the HRC in July 1992 and will be discussed in Part I of this article. The International Covenant on Economic, Social and Cultural Rights (ICESCR) also requires State Parties to submit reports, but the initial report of the South Korean government has not …

The Role Of Human Rights In Global Securtiy Issues: A Normative And Institutional Critique, Douglas Lee Donoho

Michigan Journal of International Law

The purpose of this article is to evaluate the institutional and normative capacity of international human rights to effectively serve such enhanced roles in global peace and security matters. In particular, the analysis focuses on key normative and institutional weaknesses in the existing U.N. human rights system and addresses their implications for the roles which human rights might serve to enhance peace. By describing some of the system's fundamental weaknesses, this analysis also indicates important areas for reform within the U.N. system.

The European Convention On Human Rights And The Authority Of Law, Richard Kay

Faculty Articles and Papers

By almost all accounts, the system of international law established by the European Convention on Human Rights has been successful to a degree unimaginable when the Convention was signed in 1950. The European Court of Human Rights now routinely issues judgments finding the states party to the Convention to have defaulted in their obligations under it. Those judgments, sometimes touching on difficult and controversial issues that might have been thought to lie at the center of state sovereignty, are, almost equally routinely, honored by the respondent states who both pay the compensation ordered by the Court and also adjust their …

Governmental Illegitimacy Revisited: "Pro-Democratic" Armed Intervention In The Post-Bipolar World, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

Solidarity Or Solipsistic Tunnel Vision? Reminiscences Of A Renegade Rapporteur, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In short, human rights is "an essentially contested concept". I think it is important to be clear right from the beginning as to what we mean by human rights, because that assumption will determine the remainder of our analysis. Two conceptions, in particular, tended to surface in the Conference and it is important to spotlight them because they underpin, concretize and reflect many of the other tensions of the last couple of days. These I shall call "the essentialist" and "the critical modernist" versions of human rights.

Reactionary Constitutional Identity, Ruti G. Teitel

Cardozo Law Review

No abstract provided.

Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery

Articles & Book Chapters

No abstract provided.

The Intersection Of Natural Rights And Positive Constitutional Law, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In this brief essay, the author describes what he sees to be the unavoidable connection between natural law--or, more accurately, natural rights--and the positive law that is the subject of constitutional adjudication. This connection would exist whether or not there is a conceptual distinction between natural and positive law of the sort that Professor Fred Schauer maintains in his article, Constitutional Positivism. Because of this connection, judges in a world in which legal positivism is "true" should act, on occasion, as though the natural rights approach is' correct. And if this is true then, the author maintains, the natural …

Is The Idea Of Human Rights Ineliminably Religious?, Michael J. Perry

University of Richmond Law Review

The name of the state where I was born and raised-Kentucky-derives from a Native American word meaning "the dark and bloody ground." Were there an Indian word for "the dark and bloody time," it would aptly name this century, a century as unrelentingly dark and bloody as any in human history. In the midst of all the terrible inhumanity of the twentieth century, however, there is a hopeful story: the emergence in international law of the idea of human rights.

The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen

Articles & Chapters

No abstract provided.

The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen

Articles & Chapters

The problem of refugees is a worldwide phenomenon. The

twentieth century has been called the century of refugees. Its

history is replete with mass displacements of peoples fleeing war,

political oppression, human rights deprivations or disasters of one

kind or another. Currently, there are about seventeen million refugees

around the world. The specter of masses of refugees huddled

at national boundaries seeking asylum is common to the experience

of many nations. The United States, being a nation of

immigrants and a land of opportunity, is certainly not immune

from such pressures, as most recently illustrated by the exodus of

the …

European Law: A Case Study Of Changes In National Broadcasting, Willem F. Korthals Altes

Cardozo Arts & Entertainment Law Journal

No abstract provided.