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Articles 1 - 7 of 7
Full-Text Articles in Law
All My Rights, Carl E. Schneider
All My Rights, Carl E. Schneider
Articles
Diane Pretty was an Englishwoman in her early 40s who had been married nearly a quarter of a century. In November 1999, she learned she had amyotrophic lateral sclerosis-in Britain, motor neurone disease. Her condition deteriorated rapidly, and soon she was "essentially paralysed from the neck downwards." She had "virtually no decipherable speech" and was fed by a tube. She was expected to live only a few months or even weeks. AB a court later explained, however, "her intellect and capacity to make decisions are unimpaired. The final stages of the disease are exceedingly distressing and undignified. AB she is …
Who Should Watch Over Refugee Law?, James C. Hathaway
Who Should Watch Over Refugee Law?, James C. Hathaway
Articles
We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.
Sex, Gender, And September 11, Hilary Charlesworth, Christine M. Chinkin
Sex, Gender, And September 11, Hilary Charlesworth, Christine M. Chinkin
Articles
The October 2001 issue of the American Journal ofInternational Law contained several editorials on the international law implications of the hijackings of September 11, 2001, and their aftermath.' In one respect these editorials resemble other writings on these events in academic and popular media: questions of sex and gender are largely overlooked.' In our view, however, concepts of sex and gender provide a valuable perspective on these devastating actions.' We use the term "sex" here to refer to issues about women as distinct biological beings from men, and the term "gender" to encompass social understandings of femininity and masculinity. Although …
The Causal Nexus In International Refugee Law, James C. Hathaway
The Causal Nexus In International Refugee Law, James C. Hathaway
Articles
For all of its value as a critical mechanism of human rights protection, international refugee law is not an all-encompassing remedy. In at least two ways, the category of persons of concern to refugee law is significantly more narrow than the universe of victims of human rights abuse. First, only persons able somehow to leave their own country can be refugees. Alienage is a requirement for refugee status because of concerns about the limits of international resources and the potential for responsibility-shifting, as well as in recognition of the fundamental constraints which sovereignty still places on meaningful intervention by the …
Alternatives To Economic Sanctions, Christine M. Chinkin
Alternatives To Economic Sanctions, Christine M. Chinkin
Book Chapters
Considering the merits of non-coercive alternatives to economic sanctions inevitably risks the charges of idealism and naIvete. However a number of speakers in this conference have raised considerable doubts about the efficacy of sanctions: even on their own terms sanctions rarely work and the material costs to non-targeted states and the implications for human rights make their justification problematic, even when they can in some sense be said to have worked. It therefore makes sense at least to give consideration to some non- coercive alternatives, either in conjunction with sanctioning policies or separate from them. The other alternative is the …
Refugee Law Is Not Immigration Law, James C. Hathaway
Refugee Law Is Not Immigration Law, James C. Hathaway
Articles
The spectacle of the governments of Australia, Indonesia, and Norway playing pass the parcel with 400 refugees, most of them Afghans, is not an edifying one... Yet the issues of responsibility, over which the three governments are arguing, are important ones which, left unsettled in this and other cases, could only worsen the prospects for all refugees in the longer run. For the truth is that when what agreement has been painfully achieved between nations on how to deal with refugees breaks down, the natural reaction is to erect even higher barriers than already exist.
Who Should Watch Over Refugee Law?, James C. Hathaway
Who Should Watch Over Refugee Law?, James C. Hathaway
Articles
We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.