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Full-Text Articles in Law
Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ni Aolain
Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ni Aolain
Michigan Journal of Gender & Law
The catastrophic dimensions of humanitarian emergencies are increasingly understood and more visible to states and international institutions. There is greater appreciation for the social, economic and political effects that follow in the short to long term from the devastating consequences of humanitarian emergencies. There is also recognition of the gendered dimensions of humanitarian emergencies in policy and institutional contexts. It is generally acknowledged that women are overrepresented in the refugee and internally displaced communities that typically result from many humanitarian crises. Women bear acute care responsibilities in most societies and also disproportionately bear familial and communal care responsibilities in communities …
The Cedaw As A Collective Approach To Women's Rights, Brad R. Roth
The Cedaw As A Collective Approach To Women's Rights, Brad R. Roth
Michigan Journal of International Law
This Article will identify the individualist paradigm with the main current of contemporary liberal-individualist political thought, and more specifically with the approach to women's rights reflected in the International Covenant on Civil and Political Rights (ICCPR), which can be read most straightforwardly as reflecting a liberal-individualist conception of how the individual, society, and the State interrelate. This approach, dominant in the international human rights system as well as in the legal systems of some of the most influential States, can usefully be identified as that of the political Center.
Dueling Fates: Should The International Legal Regine Accept A Collective Or Individual Pradigm To Protect Women's Rights?, Michigan Journal Of International Law
Dueling Fates: Should The International Legal Regine Accept A Collective Or Individual Pradigm To Protect Women's Rights?, Michigan Journal Of International Law
Michigan Journal of International Law
Transcript for Symposium held at the University of Michigan Law School on Saturday, April 6, 2002.
Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin
Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin
Michigan Journal of International Law
This article both continues and returns to the story of Chrystal Macmillan and the International Law Association. Some seventy-five years later, gender discrimination still exists in nationality law. For an American audience, Thailand's offer of nationality to U.S. golfer Tiger Woods, whose mother is Thai, highlighted the inequality of Thailand's laws on nationality. Although Thai women, as well as Thai men, can now pass their nationality to their children, the law continues to discriminate against women in other matters of nationality. Whereas the foreign wives of Thai men are specially entitled to apply for Thai nationality, the foreign husbands of …
United Nations Convention Documents In Light Of Feminist Theory, R. Christopher Preston, Ronald Z. Ahrens
United Nations Convention Documents In Light Of Feminist Theory, R. Christopher Preston, Ronald Z. Ahrens
Michigan Journal of Gender & Law
This article proposes that language identifying human rights of women in U.N. Conference documents has its origin in several different feminist theories. An understanding of these theories can help to clarify meaning, resolve inconsistencies, and predict the future direction of language in U.N. documents. Part I examines three prominent feminist theories and their relation to international law. Part II examines the history of women's rights in U.N. documents and examines the influence of feminist theory on the document language. Using the Women and the Economy section of the Fourth World Conference on Women, Platform for Action (Platform for Action), Part …
U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst
U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst
Michigan Journal of Gender & Law
The purpose of this article is to highlight the need for ratification of the Convention by the United States, and to address arguments against ratification. Various concerns have been raised with respect to CEAFDAW, both specific to the United States and more international in scope. Some problems pertain to United States ratification generally, other issues concern potential conflicts between specific articles of the Convention and U.S. law, and broader problems have been raised with respect to international implementation. Most of these issues are not uncommon in international agreements, and may therefore be remedied through conventional mechanisms, including implementing legislation, reservations, …
Self-Determination, Minority Rights, And Constitutional Accommodation: The Example Of The Czech And Slovak Federal Republic, Claudia Saladin
Self-Determination, Minority Rights, And Constitutional Accommodation: The Example Of The Czech And Slovak Federal Republic, Claudia Saladin
Michigan Journal of International Law
Part I of this note will explore the concepts of self-determination and minority rights in international law and their development over time. This is particularly relevant to the countries of Central and Eastern Europe, because these concepts saw their first full flowering in the period during and following the First World War, when those countries gained their independence from the European powers. Part II will discuss the evolution of the constitutional relationship between the Czechs and the Slovaks from the constitution of the first Czechoslovak Republic to the current constitutional reforms of the CSFR. This analysis will show the emerging …
Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss
Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss
Michigan Journal of International Law
This Note will explore the merits behind these positions and attempt a resolution. If the potential effect of the Convention can only be to freeze and enshrine sex equality law as it currently exists, one who is interested in achieving changes in the law for the purpose of benefiting women will not want to put her energy into lobbying for ratification. It is therefore important to get past political strategies and determine what promise the Convention might hold for women in the United States. If the United States were to ratify the Convention, what changes, if any, would result?
Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark
Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark
Michigan Journal of International Law
This essay will explore the relationship between what many view as the two most urgent issues of our time: nurturing rights, and promoting peace.
Equality And Discrimination Under International Law, Michigan Law Review
Equality And Discrimination Under International Law, Michigan Law Review
Michigan Law Review
A Review of Equality and Discrimination Under International Law by Warwick McKean
Direct Television Broadcasting And The Quest For Communication Equality, Howard C. Anawalt
Direct Television Broadcasting And The Quest For Communication Equality, Howard C. Anawalt
Michigan Journal of International Law
In the immediate past modem communication means such as efficient telephone and television systems have been viewed as the luxuries of well developed economies. Rapid advances in the field of communications and computer technologies have changed this basic outlook. Now, it is possible to use these technologies as tools of economic growth in both developed and developing countries. This is primarily because cost has gone down while efficiency has gone up. A recent article concerning small computers demonstrates the point. "If the aircraft industry had developed as spectacularly as the computer industry over the past twenty-five years, a Boeing 767 …
The Subjects Of A Modern Law Of Nations, Philip C. Jessup
The Subjects Of A Modern Law Of Nations, Philip C. Jessup
Michigan Law Review
International law is generally defined or described as law applicable to relations between states. States are said to be the subjects of international law and individuals only its "objects." Treatises on international law accordingly usually proceed at the very outset to examine the nature and essential characteristics of the fictitious jural person known as the state.
Book Reviews, C D. Allin
Book Reviews, C D. Allin
Michigan Law Review
The Equality of States in International Law. By Edwin De Witt Dickinson. (Cambridge: Harvard University Press, ig"o. Harvard Studies in Jurisprudence, Vol. III.) Pp. ix, 424.