Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Vanderbilt University Law School (6)
- University of Michigan Law School (4)
- University of Washington School of Law (4)
- American University Washington College of Law (2)
- Georgetown University Law Center (2)
-
- New York Law School (2)
- Schulich School of Law, Dalhousie University (2)
- Selected Works (2)
- University of Connecticut (2)
- Boston University School of Law (1)
- Brigham Young University Law School (1)
- Columbia Law School (1)
- Duke Law (1)
- Florida State University College of Law (1)
- Golden Gate University School of Law (1)
- Maurer School of Law: Indiana University (1)
- Northwestern Pritzker School of Law (1)
- Osgoode Hall Law School of York University (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Colorado Law School (1)
- University of Miami Law School (1)
- University of Missouri-Kansas City School of Law (1)
- University of Oklahoma College of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- Wayne State University (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Human rights (6)
- International law (5)
- Treaties (3)
- United Nations (3)
- Bergson (2)
-
- Community (2)
- Havel (2)
- Human Rights (2)
- International Covenant on Civil and Political Rights (2)
- International Law (2)
- Refugees (2)
- Access to counsel (1)
- Adversarial system (1)
- African National Congress (ANC) (1)
- Agent (1)
- American Indian Religious Freedom Act (1)
- American society (1)
- Angolan camps (1)
- Asylum law (1)
- Bill of Human Rights (1)
- Canadian Bar Association (1)
- Capital punishment (1)
- Case studies (1)
- Case-by-case approach (1)
- Children's lives (1)
- China (1)
- Civil rights movement (1)
- Claims Settlement Agency (1)
- Client autonomy (1)
- Code of conduct (1)
- Publication
-
- Vanderbilt Journal of Transnational Law (5)
- Michigan Journal of International Law (4)
- Washington International Law Journal (4)
- Articles & Chapters (2)
- Faculty Articles and Papers (2)
-
- Faculty Scholarship (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Publications (2)
- All Faculty Scholarship (1)
- American Indian Law Review (1)
- American University Law Review (1)
- Articles (1)
- Articles & Book Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Book Chapters, & Popular Press (1)
- BYU Law Review (1)
- Brian Slattery (1)
- Daniel Kanstroom (1)
- Dianne Pothier Collection (1)
- Faculty Projects (1)
- Faculty Works (1)
- Indiana Law Journal (1)
- Law Faculty Research Publications (1)
- Northwestern Journal of International Law & Business (1)
- Scholarly Articles (1)
- Scholarly Publications (1)
- University of Miami Inter-American Law Review (1)
- University of Richmond Law Review (1)
- Vanderbilt Law Review (1)
- Publication Type
Articles 1 - 30 of 44
Full-Text Articles in Law
Provisional Measures In The Inter-American Human Rights System: An Innovative Development In International Law, Jo M. Pasqualucci
Provisional Measures In The Inter-American Human Rights System: An Innovative Development In International Law, Jo M. Pasqualucci
Vanderbilt Journal of Transnational Law
In this Article, Professor Pasqualucci examines the developing jurisprudence of provisional measures in the Inter-American human rights system. Through the adoption of provisional measures, a human rights court may order a state to protect persons who are in danger of imminent death or torture. The author first provides an overview of the Inter-American system of human rights. She then describes the historical background of the jurisprudence of provisional measures in the International Court of Justice and the European human rights system, which served as models for provisional measures in the developing Inter-American system. Finally, she analyzes the use of provisional …
Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle
Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle
Faculty Scholarship
Three things are true. First, American society is now absorbed in yet another great civil rights movement, this one on behalf of gay, lesbian, and ambisexual citizens, which will lead ineluctably to the elimination of legal burdens on the basis of sexual orientation.' Change will come slowly, with much backing and filling, and at an awful price measured in human pain. Intolerance for the homosexualities that exist among us, and the homosexual behavior in which many of us engage, will persist in quarters where the law cannot reach.2 Yet private homophobia, deprived of legal sanction, will ultimately be discredited and …
Deportation And Transfer Of Civilians In Time Of War, Jean-Marie Henckaerts
Deportation And Transfer Of Civilians In Time Of War, Jean-Marie Henckaerts
Vanderbilt Journal of Transnational Law
In this Article, the Author discusses the international law prohibiting the deportation and transfer of civilians during times of war. The Author first focuses on Article 49 of the Fourth Geneva Convention, describing its genesis and its character as customary international law. The Author examines several specific instances of illegal deportations in Kuwait, the former Yugoslavia, and the Israeli-occupied territories, and discusses the application of Geneva IV to these situations. He concludes that more should be done to enforce international law prohibiting the transfer of civilians during times of war and to punish states for engaging in massive deportation.
Report Of The Commission Of Enquiry Into Certain Allegations Of Cruelty And Human Rights Abuse Against Anc Prisoners And Detainees By Anc Members, Motsuenyane Commission Of Inquiry, Margaret A. Burnham, Bernard E. Harcourt, David E. Loftis, Samuel M. Motsuenyane, David M. Zamchiya
Report Of The Commission Of Enquiry Into Certain Allegations Of Cruelty And Human Rights Abuse Against Anc Prisoners And Detainees By Anc Members, Motsuenyane Commission Of Inquiry, Margaret A. Burnham, Bernard E. Harcourt, David E. Loftis, Samuel M. Motsuenyane, David M. Zamchiya
Faculty Projects
The Motsuenyane Commission of Inquiry was appointed by the President of the African National Congress of South Africa (ANC), Dr. Nelson Mandela, to investigate allegations of human rights abuses and alleged disappearances among its members. Its terms of reference were dated the 12th January, 1993. This is a historic event insofar as it is the first time that a liberation movement has engaged an independent commission to review allegations that its members violated human rights guarantees within its ranks.
A More Effective International Law Or A New "World Law"?: Some Aspects Of The Development Of International Law In A Changing International System, Jost Delbruck
Indiana Law Journal
No abstract provided.
Retroactive Application Of The Torture Victim Protection Act To Redress Philippine Human Rights Violations, Riza De Jesus
Retroactive Application Of The Torture Victim Protection Act To Redress Philippine Human Rights Violations, Riza De Jesus
Washington International Law Journal
The Torture Victim Protection Act (TVPA) was enacted in 1992 to establish an unambiguous basis for a cause of action in U.S. courts for torture committed in foreign nations. Because the statutory language and legislative history did not address the issue of retroactivity, courts are left with the task of determining whether the TVPA applies to pending cases and pre-enactment conduct. As demonstrated in In re Estate of Marcos Human Rights Litigation, a retroactive application of the statute does not result in manifest injustice. The TVPA does not alter substantive rights and liabilities and merely clarifies existing law prohibiting …
Ekmekdjian V. Sofovich: The Argentine Supreme Court Limits Freedom Of The Press, Leon Patricios
Ekmekdjian V. Sofovich: The Argentine Supreme Court Limits Freedom Of The Press, Leon Patricios
University of Miami Inter-American Law Review
No abstract provided.
"Comfort Women" From Korea: Japan's World War Ii Sex Slaves And The Legitimacy Of Their Claims For Reparations, Yvonne Park Hsu
"Comfort Women" From Korea: Japan's World War Ii Sex Slaves And The Legitimacy Of Their Claims For Reparations, Yvonne Park Hsu
Washington International Law Journal
During World War II, Japan forced 100,000 to 200,000 women from all over Asia into prostitution to satisfy the sexual cravings of Japanese soldiers. These women thus forced into prostitution were euphemistically called "comfort women". In December 1991, three former Korean comfort women filed suit in the Tokyo District Court, seeking damages for their sufferings. From both legal and moral perspectives, Japan needs to make reparations for violations of these women's fundamental human rights. By meeting the obligations arising from its past abuses of human rights, Japan will take a significant step toward preventing its militant past from re-occurring, fostering …
The Application Of The International Covenant On Civil And Political Rights To Hong Kong, Geping Rao
The Application Of The International Covenant On Civil And Political Rights To Hong Kong, Geping Rao
Washington International Law Journal
As a dependency of the United Kingdom, Hong Kong is ineligible to ratify international agreements such as the International Covenant on Civil and Political Rights. The United Kingdom ratified the ICCPR and in so doing extended it to Hong Kong, with certain reservations. Full implementation of the ICCPR in Hong Kong requires that it be incorporated into domestic law, however. That was accomplished in 1991 with the passage of the Hong Kong Bill of Rights. This Article discusses the incorporation of the ICCPR into Hong Kong law via the Hong Kong Bill of Rights and the Basic Law, and proposes …
International Human Rights, Morality In War, And The Structure Of Rights, Edward C. O'Dowd, Robert F. Schopp
International Human Rights, Morality In War, And The Structure Of Rights, Edward C. O'Dowd, Robert F. Schopp
Washington International Law Journal
A careful analysis of certain issues of morality in war demonstrates important differences in the duties recognized by Western and Chinese military officers toward their soldiers. These differences reflect fundamentally different theories of social morality in the societies these officers represent. Although Western countries and China have endorsed a common set of internationally recognized human rights, a meaningful consensus regarding human rights must remain consistent across three levels of analysis. The putative contemporary consensus among Chinese and liberal societies fails because the fundamental differences in underlying principles of social morality that give rise to divergent principles of morality in war …
Command Of Sovereignty Gives Way To Concern For Humanity, Christine Ellerman
Command Of Sovereignty Gives Way To Concern For Humanity, Christine Ellerman
Vanderbilt Journal of Transnational Law
This Note examines the legality of humanitarian intervention by tracing the historical justifications for nonintervention through modern interpretations of the U.N. Charter. Events leading to the change in the U.N. stance on humanitarian intervention are discussed. The Note also sets out criteria for justifiable intervention. The Note concludes that intervention can be justified to the extent that it is carried out for humanitarian purposes.
Towards A More Perfect European Human Rights Standard: A New Argument Against A United Kingdom Bill Of Rights, Keith Cope
BYU Law Review
No abstract provided.
The Right To Food And Freedom From Hunger In The Past Sixth Of A Century, Sompong Sucharitkul
The Right To Food And Freedom From Hunger In The Past Sixth Of A Century, Sompong Sucharitkul
Publications
It is proposed in the present paper to examine the process of practical implementation of the "right to food" as a human right and "the right to be free from hunger" or in a more fashionable parlance "freedom from hunger". Both aspects of this fundamental freedom or basic right can be found enshrined in paragraphs 1 and 2 of Article 11 (Basic Needs) of the United Nations Covenant on Economic, Social and Cultural Rights 1966 (hereinafter "the Covenant"). Our enquiry will cover the period following the Hague Lectures of President Eduardo Jimenez de Arichaga so as to complete the half …
Minorities And Diversities: The Remarkable Experiment Of The League Of Nations, Carol Weisbrod
Minorities And Diversities: The Remarkable Experiment Of The League Of Nations, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Extraterritorial Employment Standards of the United States: The Regulation of the Overseas Workplace
By James Michael Zimmerman
New York, New York: Quorum Books, 1992. Pp.206.
===================
Fact-Finding before International Tribunals
Edited by Richard B. Lillich
Irvington-on-Hudson, New York: Transnational Publishers Inc., 1992, Pp. 338.
===================
International Human Rights Law in the Commonwealth Caribbean
Edited by Angela D. Byre and Bevereley Y. Byfield
Dordrecht, The Netherlands: Martinus Nijhoff Publishers, 1991. Pp. 398.
Capital Punishment Of Kids: When Courts Permit Parents To Act On Their Religious Beliefs At The Expense Of Their Children's Lives, Janet J. Anderson
Capital Punishment Of Kids: When Courts Permit Parents To Act On Their Religious Beliefs At The Expense Of Their Children's Lives, Janet J. Anderson
Vanderbilt Law Review
Criminal liability of parents who treat their children's illnesses through spiritual means or prayer alone is the subject of increasing debate. When children die as a result of their parents' religious practices, prosecutions for crimes such as felony child endangerment, manslaughter, and murder may follow. Most states have codified some type of religious accommodation statute which provides a criminal liability exemption for parents who engage in spiritual healing or prayer treatment for their sick children instead of seeking traditional medical assistance. The scope, purpose, and language of these statutes, however, vary." Even when statutes appear to be similar in content, …
Aiding And Abetting Persecutors: The Seizure And Return Of Haitian Refugees In Violation Of The U.N. Refugee Convention And Protocol, Andrew I. Schoenholtz
Aiding And Abetting Persecutors: The Seizure And Return Of Haitian Refugees In Violation Of The U.N. Refugee Convention And Protocol, Andrew I. Schoenholtz
Georgetown Law Faculty Publications and Other Works
Pursuant to Executive Order 12,807 of May 23, 1992, the “Kennebunkport Order,” United States Coast Guard cutters have been intercepting boatloads of Haitian citizens in international waters off the coast of Haiti and turning them over to the Haitian authorities in Port-au-Prince. No questions are being asked to determine if any of these citizens are bona fide refugees fleeing persecution. All are simply returned.
Does the Protocol relating to the Status of Refugees (Protocol), to which the United States is a party, permit the U.S. government to do this? That question is now before the United States Supreme Court. Regarding …
In The Wrong Place, At The Wrong Time: Problems With The Inter-American Court Of Human Rights Use Of Contentious Jurisdiction, Michael J. Corbera
In The Wrong Place, At The Wrong Time: Problems With The Inter-American Court Of Human Rights Use Of Contentious Jurisdiction, Michael J. Corbera
Vanderbilt Journal of Transnational Law
The Inter-American region has a history of widespread human rights abuse. To combat this problem the Organization of American States has developed a regional system for the protection of human rights. The system's adjudicatory body is the Inter-American Court of Human Rights (the Court). In recent years the Court has expanded its power through its exercise of contentious jurisdiction. Certain factors, however, that are unique to the Inter-American region weigh against the Court's use of contentious jurisdiction.
Tracing the development of the Inter-American human rights system in general and the Court in particular, this Note evaluates the Court's powers and …
The Haitian Refugee Crisis: A Quest For Human Rights, Thomas David Jones
The Haitian Refugee Crisis: A Quest For Human Rights, Thomas David Jones
Michigan Journal of International Law
On June 14, 1993, the Vienna Conference on Human Rights, sponsored by the United Nations, commenced its opening session mired in controversy over the validity of a universal human rights doctrine. Many Third World or developing nations contended that Western norms of justice and fairness were not applicable to their societies. Thus, the developing nations articulated a culture-bound or relativistic concept of fundamental human rights. The developing nations' particularistic position was championed by such nations as China, Iran, Cuba, and Vietnam, signatories to the Bangkok Declaration of 1993. The Bangkok Declaration provides, inter alia, that though human rights are …
South Korea: Implementation And Application Of Human Rights Covenants, Suk Tae Lee
South Korea: Implementation And Application Of Human Rights Covenants, Suk Tae Lee
Michigan Journal of International Law
Under article 40 of the International Covenant on Civil and Political Rights (ICCPR), the State Party undertakes to submit reports on the measures it has adopted which give effect to the rights recognized in the ICCPR and demonstrate the progress it has made in granting its citizens the enjoyment of those rights. The report was examined by the HRC in July 1992 and will be discussed in Part I of this article. The International Covenant on Economic, Social and Cultural Rights (ICESCR) also requires State Parties to submit reports, but the initial report of the South Korean government has not …
The Role Of Human Rights In Global Securtiy Issues: A Normative And Institutional Critique, Douglas Lee Donoho
The Role Of Human Rights In Global Securtiy Issues: A Normative And Institutional Critique, Douglas Lee Donoho
Michigan Journal of International Law
The purpose of this article is to evaluate the institutional and normative capacity of international human rights to effectively serve such enhanced roles in global peace and security matters. In particular, the analysis focuses on key normative and institutional weaknesses in the existing U.N. human rights system and addresses their implications for the roles which human rights might serve to enhance peace. By describing some of the system's fundamental weaknesses, this analysis also indicates important areas for reform within the U.N. system.
Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman
Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman
American Indian Law Review
No abstract provided.
The European Convention On Human Rights And The Authority Of Law, Richard Kay
The European Convention On Human Rights And The Authority Of Law, Richard Kay
Faculty Articles and Papers
By almost all accounts, the system of international law established by the European Convention on Human Rights has been successful to a degree unimaginable when the Convention was signed in 1950. The European Court of Human Rights now routinely issues judgments finding the states party to the Convention to have defaulted in their obligations under it. Those judgments, sometimes touching on difficult and controversial issues that might have been thought to lie at the center of state sovereignty, are, almost equally routinely, honored by the respondent states who both pay the compensation ordered by the Court and also adjust their …
Governmental Illegitimacy Revisited: "Pro-Democratic" Armed Intervention In The Post-Bipolar World, Brad R. Roth
Governmental Illegitimacy Revisited: "Pro-Democratic" Armed Intervention In The Post-Bipolar World, Brad R. Roth
Law Faculty Research Publications
No abstract provided.
A Comment On The Canadian Bar Association's Gender Equality Task Force Report, Dianne Pothier
A Comment On The Canadian Bar Association's Gender Equality Task Force Report, Dianne Pothier
Dianne Pothier Collection
The Task Force Report is a comprehensive one that deserves to be read by all members of the profession. It documents widespread problems and suggests wide ranging solutions. Reading a review is not an adequate substitute. A review can only touch on highlights, whereas it is in the detail of the Report that its real impact lies. This review will briefly comment on each of the themes announced in the title of the Report: equality, diversity, and accountability. Although in my assessment the report is in some respects too timid, that should not take away from the fact the Report …
Transcript: Conference On The 30th Anniversary Of The United States Supreme Court's Decision In Gideon V. Wainwright: Gideon And The Public Service Role Of Lawyers In Advancing Equal Justice , American University Law Review
Transcript: Conference On The 30th Anniversary Of The United States Supreme Court's Decision In Gideon V. Wainwright: Gideon And The Public Service Role Of Lawyers In Advancing Equal Justice , American University Law Review
American University Law Review
No abstract provided.
Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt
Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt
Northwestern Journal of International Law & Business
Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business decisions …
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Scholarly Articles
No abstract provided.
Neutral Partisan Lawyering And International Human Rights, Rob Atkinson
Neutral Partisan Lawyering And International Human Rights, Rob Atkinson
Scholarly Publications
This Essay considers the applicability of a particular model of legal ethics, neutral partisanship, to American lawyers’ representation of those who violate, or are accused of violating, international human rights. I maintain that neutral partisanship, a deficient model for American lawyers in their domestic practice, is even more problematic when applied in the international arena. The central question is this: are there limits, short of engaging in illegal conduct, that should constrain lawyers in the representation of those who violate international human rights? Neutral partisanship holds that any lawyer may, or, more strongly, must, pursue any legal end for any …
A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya
A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya
Publications
No abstract provided.