Law Commons^™

The Role Of Human Rights Indicators In Assessing Compliance With The Un Convention On The Rights Of People With Disabilities, Arlene S. Kanter

Georgia Law Review

In recent years, international human rights treaties have come under attack for failing to fulfill their promise. While it may be true that human rights treaties have not realized their full potential in every case, there is little discussion about how to measure the impact of treaties. This Article explores the ways in which we measure compliance with human rights treaties, focusing on the Convention on the Rights of People with Disabilities (CRPD). The CRPD entered into force in 2008. Since then, 188 States Parties have ratified it. In addition, the Office of the High Commissioner for Human Rights recently …

The Consequences Of A "War" Paradigm For Counterterrorism: What Impact On Basic Rights And Values?, Laurie R. Blank

Georgia Law Review

Policy makers have used the rhetoric of "war"
throughout the past century to describe a major
governmental or societal effort to combat an evil that
threatens society, national security or other communal

good. It is both a rhetorical tool and a resource
mobilization, and above all a coalescing of authority to
meet the challenge, whether poverty, drugs or-most
recently-terrorism. Soon after 9/11 made al Qaeda a
household word, the Bush Administration characterized
U.S. efforts to defeat al Qaeda as the "War on Terror."
Here, however, the terminology of "war" goes far beyond
rhetoric, resource re-allocation and centralizing of
authority. When …

Supranational Diversity: Why Federal Courts Should Have Diversity Jurisdiction Over Cases Involving Supranational Organizations Like The European Union, John T. Dixon

Georgia Law Review

The federal diversity statute grants alienage jurisdiction
to "foreign citizens" and "foreign statutes," allowing them

to bring state-law claims against U.S. citizens in federal
'court. When the European Community (EC), an
intergovernmental organization of European states, sued
an American corporation for state-law violations, for the
first time a federal court had to determine whether the EC
qualified as a foreign state. The EC argued that it was
essentially a foreign state for the purposes of alienage
jurisdiction. Relying on the definition of foreign state in
the Foreign Sovereign Immunities Act of 1976 (FSIA),
which the diversity statute references, the court …

The Role Of The World Court Today, Joan E. Donoghue

Georgia Law Review

The International Court of Justice (ICJ, also known as the
World Court) is the principal judicial organ of the United Nations
(UN). I have served as a member of the Court for the past two
years. During that time, I have had the opportunity to speak
about the Court and about international law to a variety of
audiences throughout the United States. It is a particular
privilege to deliver the Sibley Lecture here at the University of
Georgia School of Law, an institution that is known for its
commitment to the study of international law and international
relations.
The ICJ …