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Articles 1 - 30 of 101
Full-Text Articles in Law
Hard Times For Peace Between Two Internally Divided Societies, Claudia Heiss
Hard Times For Peace Between Two Internally Divided Societies, Claudia Heiss
Human Rights & Human Welfare
These are not promising days for those who desire peace between Israelis and Palestinians, with two states respected by each other and recognized by the international community, living securely side by side. Richard Falk’s article rightly stresses the negative role played by the US Government in its sharp rejection of the Palestinian bid for statehood at the United Nations Security Council. The problem, however, seems to lie deeper in these complex societies and their current political leaderships.
November Roundtable: The Palestine Bid For Statehood At The Un, Introduction, Claudia Fuentes Julio
November Roundtable: The Palestine Bid For Statehood At The Un, Introduction, Claudia Fuentes Julio
Human Rights & Human Welfare
An annotation of:
“Statehood versus “Facts on the Ground””. By Richard Falk. Aljazeera, September 20, 2011.
The Sum Of The Parts, Therese O'Donnell
The Sum Of The Parts, Therese O'Donnell
Human Rights & Human Welfare
From one perspective the Middle East lends itself as a macabre mise-en-scene where the triumph of realpolitik over the legitimacies of international law can be continually re-staged. To be sure, at least two sovereign states seem to go their own way, even in the face of rampant and valid international criticism—the end of a construction freeze on illegal settlements and failures to condemn clearly illustrate this point. However, two can play at that game. The US veto of the October 2003 draft Security Council resolution declaring as illegal Israel’s construction of its security fence, beyond the 1949 Green Line and …
The Us On The Palestinian Statehood Bid: Weighing The Costs, Thomas Pegram
The Us On The Palestinian Statehood Bid: Weighing The Costs, Thomas Pegram
Human Rights & Human Welfare
Reflecting on the controversy surrounding the Palestinian bid for statehood, Richard Falk neatly subverts the opening words of the UN Charter, “we the people,” as having always surrendered to “we the governments,” and, in the modern era of American empire, “we the hegemon.”
This may well be true. The UN Security Council (UNSC), in particular, is viewed in Washington as a vehicle for hegemonic ambitions—to be indulged when it serves its purpose and vetoed and sidelined when it does not. Unfolding events at the UNSC, reportedly due to vote on the Palestinian resolution on November 11 but now postponed perhaps …
Elusive Empowerment: Compensating The Sex Trafficked Person Under The Trafficking Victims Protection Act, Theodore R. Sangalis
Elusive Empowerment: Compensating The Sex Trafficked Person Under The Trafficking Victims Protection Act, Theodore R. Sangalis
Fordham Law Review
Globally, hundreds of thousands-perhaps millions-are being forced or coerced into commercial sex acts. In the United States, this sex trafficking problem has become a lucrative illegal industry, and it is quickly growing. In response, Congress passed the Trafficking Victims Protection Act of 2000 (TVPA) to eradicate the industry by prosecuting the perpetrators, protecting the victims, and preventing the practice. Through several reauthorizations, one federal strategy that has emerged is compensating the victims through mandatory criminal restitution and civil remedies. Collection of restitution damages has been lacking, however, and no civil suit filed for sex trafficking survivors has reached the merits. …
To Transfer Or Not To Transfer: Identifying And Protecting Human Rights Interests In Non-Refoulment, Vijay Padmanabhan
To Transfer Or Not To Transfer: Identifying And Protecting Human Rights Interests In Non-Refoulment, Vijay Padmanabhan
Fordham Law Review
Human rights law imposes upon States an absolute duty not to transfer an individual to another State where there are substantial grounds for believing he or she will be tortured or subjected to cruel, inhuman, or degrading treatment. This protection, called non-refoulement, emanates from a theory of human rights that recognizes rights fulfillment requires States to protect those within their jurisdiction from rights violations perpetrated by third parties, including other States. Generally human rights law recognizes that resource constraints and/or competing rights restrict protection duties. But such limitations have not been recognized in the non-refoulement context. In recent years the …
Does Access To Justice Improve Compliance With Human Rights Norms - An Empirical Study, Samuel P. Baumgartner
Does Access To Justice Improve Compliance With Human Rights Norms - An Empirical Study, Samuel P. Baumgartner
Cornell International Law Journal
No abstract provided.
Courts Resisting Courts: Lessons From The Inter-American Court’S Struggle To Enforce Human Rights, Alexandra Huneeus
Courts Resisting Courts: Lessons From The Inter-American Court’S Struggle To Enforce Human Rights, Alexandra Huneeus
Cornell International Law Journal
Courts Resisting Courts explores a critical tension in international law: the relationship between international and national courts. Leading theorists assume that autonomous national courts heighten compliance with international human rights regimes. This article challenges this orthodoxy. It focuses on the Inter-American Court of Human Rights, an international court unique in that it orders far-reaching, innovative remedies that invoke action not only by the State's executive, but also the legislature and local courts. Original data reveals that national courts, more than any other branch of government, shirk the Court's rulings. This article turns this insight into a prescription for gaining greater …
September Roundtable: "The Syrian Spring" And Human Rights, Introduction, Raslan Ibrahim
September Roundtable: "The Syrian Spring" And Human Rights, Introduction, Raslan Ibrahim
Human Rights & Human Welfare
An annotation of:
“The UN Security Council's Pro-Syrian 'Defiance Coalition' Crumbles”. By Raghida Dergham. Huffington Post, August 2011.
The Arab Spring: Endgames As Framing Battle, Colm Campbell
The Arab Spring: Endgames As Framing Battle, Colm Campbell
Human Rights & Human Welfare
The narrative of the Arab Spring (including the Syrian uprising) in the mainstream media appears clear and linear: a cruel dictator is challenged in a series of street demonstrations that rapidly coalesce to become a popular uprising. The dictator resorts to increasingly brutal repression, but this fails to end the challenge. Within a relatively short time the dictator is overthrown. Elections within a reasonable period are announced, promising the creation of a democracy that is representative not only of the protest movement, but of society as a whole. Raghida Dergham's Huffington Post article largely reflects this perspective, drawing attention to …
White Noise, White Heat, Therese O'Donnell
White Noise, White Heat, Therese O'Donnell
Human Rights & Human Welfare
If, as former British Prime Minister Harold Wilson famously uttered, "A week is a long time in politics," then the Six weeks since Raghida Dergham's article could be a lifetime and the last six months of the "Arab Spring" an aeon.
The Un Security Council On Syria: Radical Change Or Continuity?, Thomas Pegram
The Un Security Council On Syria: Radical Change Or Continuity?, Thomas Pegram
Human Rights & Human Welfare
The Presidential Statement issued by the UN Security Council on August 3 condemning the widespread violation of human rights by Syrian authorities was hailed by some as signaling the collapse of the pro-Syrian "defiance coalition."
This "defiance coalition," comprised of the so-called "BRICs" (Brazil, Russia, India, China, and South Africa) along with Lebanon, did indeed relent, begrudgingly, to growing international pressure for action on Syria. However, whether a statement containing little actionable content signals the crumbling of defiance rather than a diplomatic maneuver as calculations are recalibrated in light of developments is another matter.
The Moral International Sphere As A New "Civic Virtue", Claudia Heiss
The Moral International Sphere As A New "Civic Virtue", Claudia Heiss
Human Rights & Human Welfare
Liberal political theory, the predominant paradigm at least since the 1970s, rules out as oppressive the imposition of any substantive notion of a "good way of life" and proposes instead a neutral conception where each individual should have the right to pursue his or her own preferred project of life. This opposition of an ancient "virtue" and a modern "freedom" seems challenged by current debates about morality and the responsibility to protect innocent civilians from massive crimes. The moral outrage of the international community may be interpreted as a signal of a perhaps minimal notion of civic virtue, which translates …
The Right Side Of The Coin: Focus On The Human Rights Of People, Not The Failure Of States, Brooke Ackerly
The Right Side Of The Coin: Focus On The Human Rights Of People, Not The Failure Of States, Brooke Ackerly
Human Rights & Human Welfare
US policy toward failed states should focus on strengthening civil society and social movements so that people are better able to hold their leaders accountable.
The language of “failed states” disassociates foreign policy from international dialogue about human rights. Instead, “failed states” is a contemporary sound bite that connotes a lack of sovereignty, suggesting that intervention would not violate national sovereignty because in a failed state, there is none. Of course, we could have a similar cynicism about the use of human rights concerns to justify invasion. Certainly, states have tried to choose when to reference international human rights norms …
August Roundtable: Re-Thinking State Failure And Human Rights, Introduction, Claudia Fuentes
August Roundtable: Re-Thinking State Failure And Human Rights, Introduction, Claudia Fuentes
Human Rights & Human Welfare
An annotation of:
“Think Again, Failed States ”. By James Traub. Foreign Policy. July/August 2011.
More Questions, Few Answers On State Failure And Human Rights, Edzia Carvalho
More Questions, Few Answers On State Failure And Human Rights, Edzia Carvalho
Human Rights & Human Welfare
The Foreign Policy article under review brings us back to the issues addressed in April's Roundtable, which looked at humanitarian intervention in light of widespread political violence in the Ivory Coast. Much of that discussion centered on the factors that lead states to adopt policies aimed at stopping egregious human rights abuses from being committed in other jurisdictions, either by state agents or non-state actors. This month's Roundtable discussion highlights the myths attached to the concept of “state failure,” which increases the likelihood of such violations occurring. The author of this month's centerpiece, James Traub, comments on a number of …
Immobilizing Conceptual Debates, Jonas Claes
Immobilizing Conceptual Debates, Jonas Claes
Human Rights & Human Welfare
In “Think Again: Failed States,” James Traub argues that “state failure” is a failed concept. Prioritizing efforts to prevent or address state fragility, weakness, or failure may seem impractical given the conceptual breadth of this systemic challenge. Like globalization, human security, or climate change, state failure contains so many aspects that it becomes analytically useless. But the need to rethink this garbage-can concept—everything can be thrown in—does not keep us from addressing the litany of well-understood challenges subsumed within.
“Failed States Are Everyone’S Problem”, Devin Joshi
“Failed States Are Everyone’S Problem”, Devin Joshi
Human Rights & Human Welfare
This article raises interesting issues but cannot answer its own puzzles because it fails to define what constitutes a threat or danger to US national security. As an American citizen, the security of the Central African Republic is in my personal interest. The CAR is a country where it has been reported that one out of every sixteen mothers dies during childbirth. That is a serious problem! Who is to say it is not in Americans’ interest to prevent state failure there? If the US government is not interested in Central Africans' security, obviously, there is a disconnect between the …
The Changing Face Of Transnational Business Governance: Private Corporate Law Liability And Accountability Of Transnational Groups In A Post-Financial Crisis World, Peter Muchlinski
Indiana Journal of Global Legal Studies
This article seeks to critically assess the recently dominant financialized model of corporate law and governance and its contribution to the creation of the "asocial corporation" geared only to the enhancement of shareholder value. This article places corporate law in a wider context of national and international legal developments that, together, create a framework for the financialization of transnational corporate activity. This article shows that a new approach to transnational corporate governance is emerging from a number of sources. These predate the crisis but have been given impetus by it. In particular, three important phenomena are examined: the rise of …
The Second Circuit Correctly Interprets The Alien Tort Statute: Kiobel V. Royal Dutch, Frank Cruz-Alvarez, Laura E. Wade
The Second Circuit Correctly Interprets The Alien Tort Statute: Kiobel V. Royal Dutch, Frank Cruz-Alvarez, Laura E. Wade
University of Miami Law Review
No abstract provided.
June Roundtable: Human Rights In Central America, Introduction, Claudia Fuentes
June Roundtable: Human Rights In Central America, Introduction, Claudia Fuentes
Human Rights & Human Welfare
An annotation of:
“The Tormented Isthmus ”. The Economist. April 14 2011.
The Hearts And Minds Of The Citizens, Brooke Ackerly
The Hearts And Minds Of The Citizens, Brooke Ackerly
Human Rights & Human Welfare
If the US contributes increased military support to Guatemala under the premise of curtailing the drug trade, it could inadvertently further destabilize this already politically unstable country. It certainly will not contribute to developing a sense of political alliance in the hearts and minds of its citizens. Concerns about destabilization in Guatemala (and Central America more generally) and the role of this destabilization in facilitating the drug trade have led the Economist to suggest that the solution is to increase military foreign aid to Guatemala.
Generic Wish-Lists For State-Centric Policies, Edzia Carvalho
Generic Wish-Lists For State-Centric Policies, Edzia Carvalho
Human Rights & Human Welfare
The Central America depicted in the article under review resembles a region visited by the Four Horsemen of the Apocalypse—colonial Conquest, civil War, Famine and other natural disasters, and poverty, disease and Death. Added to this list of woes are the recent drug-fueled conflict, democratic instability, weak state capacity, and the socio-economic fallout of the economic recession in the United States. While the first half of the article records these problems, the author shifts gears in the second half and provides an array of responses to these challenges, with a forceful recommendation that states in the region focus their efforts …
Conflict Resolution Agenda: Approaching Its Expiration Date, Jonas Claes
Conflict Resolution Agenda: Approaching Its Expiration Date, Jonas Claes
Human Rights & Human Welfare
Conflict resolution scholars and policy-makers have traditionally prioritized research and policy measures dealing with political violence, treating criminal violence as a contextual factor in their analysis or as a subordinate policy concern. One may wonder why the value of a casualty differs depending on whether the fatal blow was caused by a tank, a gang knife, or even a typhoon. The prioritization of political violence over criminal violence seems morally unjustified considering that the killing rates in Guatemala and El Salvador are higher now than during the civil wars that ended in the 1990s. Despite similarities in the causes, manifestations, …
A Centrist Solution To Central American Violence And Inequality, Devin Joshi
A Centrist Solution To Central American Violence And Inequality, Devin Joshi
Human Rights & Human Welfare
The northern triangle of Central America (El Salvador, Guatemala, and Honduras) has experienced horrific violence, poverty, and a vicious cycle of human rights violations for decades. Repeated natural disasters and the re-routing of the drug trade through Central America are not helping the situation. On the other hand, nearby Costa Rica has achieved a much higher standard of human rights, public safety, and political stability. Why? Costa Rica has put in place four pillars of development and stability lacking in most other countries in the region: a stronger state, an educated population, inter-racial cooperation, and a more inclusive democracy. For …
April Roundtable: Responsibility To Protect And Human Rights Protection In The Ivory Coast, Introduction, Claudia Fuentes
April Roundtable: Responsibility To Protect And Human Rights Protection In The Ivory Coast, Introduction, Claudia Fuentes
Human Rights & Human Welfare
An annotation of:
Article under review: “The Case for Intervention in the Ivory Coast” by Corinne Dufka. Foreign Policy. March 25 2011.
A Rights-Based Approach To Global Injustice, Brooke Ackerly
A Rights-Based Approach To Global Injustice, Brooke Ackerly
Human Rights & Human Welfare
Is reflection on global injustice part of the everyday lives of those who live in global privilege? Or does privilege let us wait to raise concerns about justice only when the media bring the graphic images of genocide and tragedy to our family rooms?
Pandora’S Box Of Humanitarian Intervention, Edzia Carvalho
Pandora’S Box Of Humanitarian Intervention, Edzia Carvalho
Human Rights & Human Welfare
“The Case for Intervention in the Ivory Coast” reminded me of the discussion that my undergraduate students had during the previous academic term on the conundrums surrounding humanitarian intervention. They innately responded to the intense suffering of individuals and groups facing gross human rights violations and initially argued that inaction in the face of suffering cannot be justified on any grounds. However, with their international relations hats on, many of them soon realized that putting an end to such a state of affairs is not as easy or straightforward as they had hoped.
A Structural Solution To Africa’S Wayward Presidents, Devin K. Joshi
A Structural Solution To Africa’S Wayward Presidents, Devin K. Joshi
Human Rights & Human Welfare
The current crisis in the Ivory Coast unfortunately resembles a number of crises in Western and Central Africa over the last few decades. Whereas the international community has generally been more willing to intervene in Europe and the Middle East, there has been a tendency to “wait and watch” while humanitarian crises unfold in middle Africa. In the last several years, as in the Ivory Coast right now, however, global awareness of the brutality of such crises has expanded tremendously.
Double Standards Demystified, Jonas Claes
Double Standards Demystified, Jonas Claes
Human Rights & Human Welfare
At the time Ms. Corinne Dufka’s op-Ed about the crisis in Côte D’Ivoire appeared, few would have predicted that three days later UN troops, with the support of the French military, would act forcefully to protect civilians and tip the balance in favor of the fighters loyal to Alassane Ouattara, eventually leading to the arrest of Laurent Gbagbo. The odds were not favoring this scenario.