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Full-Text Articles in Law
A Ripening Obligation: The Responsibility To Protect International Human Rights In States Of Recent Occupation, Benjamin K. Grimes
A Ripening Obligation: The Responsibility To Protect International Human Rights In States Of Recent Occupation, Benjamin K. Grimes
Benjamin K Grimes
The United Nations has described State unwillingness to address extra-territorial human rights abuses as a failure of “civic courage … at the highest level.” That view is consistent with a trend in international jurisprudence on the issue of State responsibility for respecting and protecting human rights. In line with these opinions, this article examines the arc of international understanding of human rights responsibilities to identify the proper path for U.S. military operations. It proposes specific practical solutions to guide the United States in recognizing not only its joint legal responsibility for protecting human rights in post-occupation situations (as in Afghanistan), …
A Legal Standard For Post-Colonial Land Reform, Amelia Peterson
A Legal Standard For Post-Colonial Land Reform, Amelia Peterson
Amelia Peterson
This article proposes a legal standard for the design of post-colonial land redistribution policies. It confronts the complex interface between the need for land reform to alleviate land pressure in many developing countries, and the importance of upholding the idea of property. Regardless of which side of the post-colonial milieu we most quickly sympathize with, human rights law removes the tendency to seek out the victim by framing its language in terms of the homo sapien, not one particular race, gender, or economic status. It is in the interest of the various stakeholders enmeshed in post-colonial land imbalance debates and …
Christianity In China: Maintaining Social Order Trumps Religious Freedom, Tina M. Trunzo-Lute
Christianity In China: Maintaining Social Order Trumps Religious Freedom, Tina M. Trunzo-Lute
Tina M Trunzo-Lute
China is a powerful country with a population of 1.3 billion and the world’s second largest economy. While China excels in many areas, it lacks in providing religious freedom to its citizens. China has a few safeguards in place for religious believers, including the ratification of the ICESCR and provisions in its constitution. However, the inconsistent application of the safeguards and the government’s ultimate goals of furthering socialism and maintaining social order inhibit Christians in China from having the ability to freely and openly practice their religion without fear of persecution. This fear has thrust millions of Christians into illegal …
The Human Rights Council And The Convergence Of Humanitarian Law And Human Rights Law, Daphne Richemond-Barak
The Human Rights Council And The Convergence Of Humanitarian Law And Human Rights Law, Daphne Richemond-Barak
Daphne Richemond-Barak
This Article examines and challenges the assumption that the Human Rights Council can and ought to address violations of international humanitarian law. Though envisaged as the main guardian of human rights within the United Nations system, the Human Rights Council views its mandate as encompassing both human rights and international humanitarian law. This extension of its mandate to humanitarian law is not entirely surprising, given the close relationship between IHL and human rights law. Yet, a comparison with other human rights bodies shows that the Council has gone further and with less caution than any other human right body called …
Babies Without Borders: Human Rights, Human Dignity And The Regulation Of International Commercial Surrogacy, Yasmine Ergas
Babies Without Borders: Human Rights, Human Dignity And The Regulation Of International Commercial Surrogacy, Yasmine Ergas
Yasmine Ergas
In recent decades, a robust international market in commercial reproductive surrogacy has emerged. But, as German citizens Jan Balaz and Susan Lohle discovered when they struggled to engineer the last-minute diplomatic compromise that saved their commissioned twins from becoming wards of the Indian state, conflicts among legal frameworks have placed the children born at risk of being “marooned, stateless and parentless.” States have tried to address the individual dramas through ad hoc solutions – issuing emergency entry documents for children caught at borders or compelling administrative authorities to recognize birth certificates related to surrogacy arrangements that run counter to domestic …
Babies Without Borders: Human Rights, Human Dignity And The Regulation Of International Commercial Surrogacy, Yasmine Ergas
Babies Without Borders: Human Rights, Human Dignity And The Regulation Of International Commercial Surrogacy, Yasmine Ergas
Yasmine Ergas
In recent decades, a robust international market in commercial reproductive surrogacy has emerged. But, as German citizens Jan Balaz and Susan Lohle discovered when they struggled to engineer the last-minute diplomatic compromise that saved their commissioned twins from becoming wards of the Indian state, conflicts among legal frameworks have placed the children born at risk of being “marooned, stateless and parentless.” States have tried to address the individual dramas through ad hoc solutions – issuing emergency entry documents for children caught at borders or compelling administrative authorities to recognize birth certificates related to surrogacy arrangements that run counter to domestic …
Incorporating Social Justice Concerns Into The New Law And Development Movement: The Importance Of Insolvency Law, Julia M. Davis Ms.
Incorporating Social Justice Concerns Into The New Law And Development Movement: The Importance Of Insolvency Law, Julia M. Davis Ms.
Julia M Davis Ms.
This paper focuses on insolvency law as an underutilized area for incorporating social justice concerns into legal reform projects in developing countries. Insolvency is an area of law that already plays a large role in legal development projects and is especially suited for incorporating social justice concerns because of its ability to redistribute wealth and safeguard vulnerable interests. In arguing that insolvency law should be better exploited by social justice advocates this paper briefly reviews the history and literature surrounding the “Legal Development Movement” (LDM) and discusses the responsibilities of development agencies to incorporate social justice concerns into economically-focused legal …
Overcoming The Unfortunate Legacy Of Haditha, The Stryker Brigade “Kill Team”, And Pantano: Establishing More Effective War Crimes Accountability By The United States, Alan F. Williams
Alan F. Williams
In the years since September 11, 2001 U.S. personnel have been implicated in many incidents involving possible war crimes as defined by the Geneva Conventions. The author critically examines the current U.S approach to handling war crimes and concludes that the process is fundamentally flawed and has repeatedly produced unjust outcomes, particularly in a series of high profile cases that have greatly damaged the position of the U.S. in the international community. The author concludes that not only has the U.S. lost the respect of the international community, but has also simultaneously increased the likelihood that U.S. personnel who serve …