Law Commons^™

Protecting Human Rights During Emergencies: Delegation, Derogation, And Deference, Evan J. Criddle

Faculty Publications

Leading human rights treaties permit states as a temporary measure to suspend a variety of human rights guarantees during national crises. This chapter argues that human rights derogation is best justified as a temporary mechanism for empowering states to protect human rights, rather than as a device for enabling national authorities to advance their own interests in a manner that compromises human rights protection. Human rights treaties use broad legal standards to entrust states with responsibility for deciding what measures are best calculated to maximize human right protection during emergencies. For this delegation of authority to operate effectively, international tribunals …

On The Effectiveness Of Private Security Guards On Board Merchant Ships Off The Coast Of Somalia -- Where Is The Piracy? What Are The Legal Ramifications?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.

On The Effectiveness Of Private Security Guards On Board Merchant Ships Off The Coast Of Somalia -- Where Is The Piracy? What Are The Legal Ramifications?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

United States Negotiates Prisoner Exchange to Secure Release of U.S. Soldier Held in Afghanistan • United States Refuses to Grant Visa to Iranian UN Envoy • Multilateral Naval Code of Conduct Aims to Prevent Unintended Conflict in Contested Areas of East and South China Seas • Senate Approves Treaties to Regulate Fishing • United States Indicts Chinese Military Officials for Economic Espionage • U.S. Supreme Court Declines to Terminate Long-Running Efforts to Force Argentina to Pay Defaulted Sovereign Debt • United States Condemns Uganda’s Antigay Law as Violating Human Rights • President Barack Obama Certifies That U.S. Peacekeepers in Mali …

The Democratic Life Of The Union: Toward Equal Voting Participation For Europeans With Disabilities, János Fiala-Butora, Michael Ashley Stein, Janet E. Lord

Faculty Publications

This Article puts forward preliminary legal scholarship on equal political participation by persons with disabilities and what international human rights law requires for its attainment. The goal is to provoke an informed dialogue on the neglected but fundamental human right to enfranchisement by persons with disabilities while also acknowledging that a complete and just resolution requires further information and reflection.

The Article argues that the fundamental right to vote cannot be curtailed on the basis of an alleged lack of capacity. Disenfranchisement based on individual assessment unjustly excludes a certain number of voting-capable individuals. Since all those affected are persons …

Using International Law In Somalia’S Post- Conflict Reconstruction, Chiara Giorgetti

Law Faculty Publications

For the first time since 1991, Somalia has an internationally- recognized government. Established in August 2012, the Somali Federal Government (SFG) has been officially recognized by many nations and international organizations. The process of bringing Somalia fully back into the international community, however, remains long and complex. This Article argues that, in order to be successful, Somalia’s reconstruction must include a robust international law component. By mandating frameworks for action and establishing best practices, international law should guide and strengthen reconstruction efforts.

Restoration Of Historical Memory And Dignity For Victims Of The Armenian Genocide: A Human Rights Law Approach To Effective Reparations, Richard Wilson

Articles in Law Reviews & Other Academic Journals

This article argues that United Nations human rights principles and new developments in the Inter-American Commission on Human Rights and the European Court of Human Rights suggest a route to provide effective reparation through restoration of historical memory and dignity for victims of the Armenian Genocide.

Implementing Human Rights In Closed Environments Through The United Nations Convention Against Torture, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

Closed environments pose a major challenge to the full and effective implementation of human rights norms and conventions. However, many conventions contain mechanisms that can be used to further advance implementation of human rights in those closed environments. The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention) has several mechanisms in place that play an important role in enforcing and implementing human rights obligations. Along with the creation of a supervisory organ, the Committee against Torture (the Committee), the Convention provides a framework for: State Party reporting and concluding observations (COBs) under …

Diplomacy And Its Others: The Case Of Comfort Women, Monica E. Eppinger, Karen Knop, Annelise Riles

All Faculty Scholarship

The “Comfort Women incident,” now at least several decades old, troubles the familiar view of law as a funnel for politics. Viewed as a funnel, the wide range of legal, political, cultural, and diplomatic efforts to seek or resist redress for the system of sexual slavery institutionalized by the Japanese military during the Second World War would be assessed as ultimately pushing in the same direction: toward vindicating human rights. We see in the Comfort Women incident a far more chaotic interaction of law and politics. As critical legal feminist, we are concerned with finding a truthful and ethical way …

The Most Important Cases Of The Inter-American Commission On Human Rights, Richard Wilson

Articles in Law Reviews & Other Academic Journals

The Inter-American Commission of Human Rights (IACHR), together with its companion body, the Inter-American Court of Human Rights (IACtHR), are autonomous organs of the Organization of American States (OAS). The IACHR promotes and protects human rights in the Western Hemisphere. Created by the OAS in 1959, the Commission has its headquarters in Washington, D.C. Together with the Court, established in 1979 in San Jose, Costa Rica, the Commission has emerged as a model of international human rights and humanitarian law, as well as of individual rights.Since its inception, the Commission has made extraordinary progress. Through its 55-year history, it has …

"Where Has Their Innocence Gone?" Addressing Child Sex Tourism, Cheryl Page

Journal Publications

If someone thinks that slavery is a thing of the past, they are simply unaware of what is going on around them. It is amazingly easy to “buy” a child. Given the incredible advances in technology and the pervasiveness of the Internet, one could obtain practically any product with a simple click of a mouse. While these technological advances have made life easier in many respects, it has also made it easier for sex predators to have access to buy and sell children. These children are exploited sexually just as easily as ordering a pizza. Children around the world are …