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Full-Text Articles in Law

For Women, A Court Of Last Appeal, Saumya Uma Dec 2005

For Women, A Court Of Last Appeal, Saumya Uma

Dr. Saumya Uma

The article focusses on the significance of standards set and efforts made by the International Criminal Court, from the point of view of women's rights.


Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma Dec 2005

Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma

Saumya Uma

This publication contains a detailed report of each session of the 1st National Consultation on the ICC & India, held in Delhi on 8-9 December 2005.


Access To U.S. Federal Courts As A Forum For Human Rights Disputes: Pluralism And The Alien Tort Claims Act, Christiana Ochoa Jul 2005

Access To U.S. Federal Courts As A Forum For Human Rights Disputes: Pluralism And The Alien Tort Claims Act, Christiana Ochoa

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


Privatization, Prisons, Democracy, And Human Rights: The Need To Extend The Province Of Administrative Law, Alfred C. Aman Jul 2005

Privatization, Prisons, Democracy, And Human Rights: The Need To Extend The Province Of Administrative Law, Alfred C. Aman

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


An American Gulag? Human Rights Groups Test The Limits Of Moral Equivalency, Kenneth Anderson Jun 2005

An American Gulag? Human Rights Groups Test The Limits Of Moral Equivalency, Kenneth Anderson

Popular Media

This 2005 article from the Weekly Standard criticizes the 2005 Amnesty International report and associated press releases and press conferences referring to the Guantanamo Bay detention facility as an American gulag. It more broadly criticizes the human rights movement for wanting it both ways - on the one hand, using extraordinarily inflammatory rhetoric such as raising the spectre of Soviet death camps, while on the other hand, calling for that very same, apparently deeply criminal regime, the Bush administration, to perform the tasks of human rights enforcement that the human rights movement would like to see performed elsewhere in the …


An American Gulag? Human Rights Groups Test The Limits Of Moral Equivalency, Kenneth Anderson Jun 2005

An American Gulag? Human Rights Groups Test The Limits Of Moral Equivalency, Kenneth Anderson

Kenneth Anderson

This 2005 article from the Weekly Standard criticizes the 2005 Amnesty International report and associated press releases and press conferences referring to the Guantanamo Bay detention facility as an American gulag. It more broadly criticizes the human rights movement for wanting it both ways - on the one hand, using extraordinarily inflammatory rhetoric such as raising the spectre of Soviet death camps, while on the other hand, calling for that very same, apparently deeply criminal regime, the Bush administration, to perform the tasks of human rights enforcement that the human rights movement would like to see performed elsewhere in the …


The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin Jun 2005

The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin

David M. Smolin

This article summarizes international law, and the law of India and the United States, relevant to intercountry adoption. The article then presents extensive information and analysis of a major series of adoption scandals in Andhra Pradesh, India. The article uses this analysis of law and a major series of adoption scandals to present the "two sides of intercountry adoption:" positively, as a humanitarian act, and negatively as a form of child trafficking. The weaknesses and vulnerabilities of the intercountry adoption system that led to the Indian adoption scandals are extensively analyzed.


China's Media: The Impact Of The Internet, Richard Cullen, D. W. Choy May 2005

China's Media: The Impact Of The Internet, Richard Cullen, D. W. Choy

San Diego International Law Journal

[T]his paper provides a review of how the use of the Internet has grown and been regulated in China. We then draw some conclusions on what the experience to date may have to tell us about future regulatory and usage patterns with respect to the Internet in China.


Child Labor: The Pakistani Effort To End A Scourge Upon Humanity - Is It Enough?, Aine Smith May 2005

Child Labor: The Pakistani Effort To End A Scourge Upon Humanity - Is It Enough?, Aine Smith

San Diego International Law Journal

This Article will encompass the issues necessary to create such a report card. In the process of assessing Pakistan's efforts, this article will demonstrate that the measures taken in Pakistan are not sufficient to end bonded child labor. In addition, this comment proposes that the international community must expend more financial and legal resources to tackle the problem of child labor. Part II focuses on Pakistan's use of child labor. This includes a discussion of the history of child labor, the international rights being abrogated by child labor, the efforts implemented to combat child labor, and an evaluation of Pakistani …


Report Of The Independent Expert On The Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism, Robert K. Goldman Feb 2005

Report Of The Independent Expert On The Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism, Robert K. Goldman

Reports

The Commission on Human Rights, in resolution 2004/87, decided to designate, from within existing resources, for a period of one year, an independent expert to assist the High Commissioner for Human Rights in the fulfillment of the mandate described in the resolution and, “taking fully into account the study requested in General Assembly resolution 58/187, as well as the discussions in the Assembly and the views of States thereon, to submit a report, through the High Commissioner, to the Commission at its sixty-first session on ways and means of strengthening the promotion and protection of human rights and fundamental freedoms …


The Political Economy Of Violence: Toward An Understanding Of The Gender-Based Murders Of Ciudad Juarez, Deborah M. Weissman Jan 2005

The Political Economy Of Violence: Toward An Understanding Of The Gender-Based Murders Of Ciudad Juarez, Deborah M. Weissman

Deborah M. Weissman

This article provides an interpretive account of the political economy of violence localized in Cd. Juarez, Mexico. It examines the socioeconomic conditions attending decades during a period of rapid transformation to an export economy as the environment in which violence against women has assumed endemic proportions. The serial murders of women have been alternately problematized as deeds of criminal deviants, as a reactionary gendered responses to women replacing men in the wage labor force, and as the failure of the state to exercise local authority. This article argues for a more comprehensive analysis that includes the above theories without bracketing …


International Criminal Court & India: Responses To Queries Raised By Parliamentarians, Saumya Uma Jan 2005

International Criminal Court & India: Responses To Queries Raised By Parliamentarians, Saumya Uma

Saumya Uma

This is a pocket-book consisting of queries raised by Parliamentarians at the first consultative meeting organized by ICC-India campaign / Women's Research & Action Group on the International Criminal Court (ICC), in August 2005, and written responses to the same. It is aimed at strengthening the information dissemination efforts on ICC with Indian Parliamentarians.


Introduction, Claudia Martin, Diego Rodriguez-Pinzon Jan 2005

Introduction, Claudia Martin, Diego Rodriguez-Pinzon

American University International Law Review

No abstract provided.


Justice, Power, And The Realities Of Interdependence: Lessons From The Milosevic And Hussein Trials, Payam Akhavan Jan 2005

Justice, Power, And The Realities Of Interdependence: Lessons From The Milosevic And Hussein Trials, Payam Akhavan

Cornell International Law Journal

In this essay in the Symposium on Milosevic & Hussein on Trial, the author discusses issues of interdependence to argue that, although military power can eliminate threats in the short term, in an inextricably interdependent world long term peace can only be sustained by legitimacy. The author's personal experiences at a meeting on the "ethnic cleansing" in the Balkans prior to the creation of the International Criminal Tribunal on the former Yugoslavia (ICTY) are related to the success of "soft power" in judicial disguise, & the relationship between justice for others & political identity in liberal democracies. A historical narrative …


Obligations Of State And Non-State Actors Regarding The Human Right To Water Under The South African Constitution, Anna R. Welch Jan 2005

Obligations Of State And Non-State Actors Regarding The Human Right To Water Under The South African Constitution, Anna R. Welch

Sustainable Development Law & Policy

No abstract provided.


Do Constitutions Requiring Adherence To Shari`A Threaten Human Rights? How Egypt’S Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown Jan 2005

Do Constitutions Requiring Adherence To Shari`A Threaten Human Rights? How Egypt’S Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown

Articles

Over the last thirty years, a number of Muslim countries, including most recently Afghanistan and Iraq, have adopted constitutions that require the law of the state to respect fundamental Islamic legal norms. What happens when countries with a secular legal system adopt these "constitutional Islamization" provisions? How do courts interpret them? This article will present a case study of constitutional Islamization in one important and influential country, Egypt. In interpreting Egypt's constitutional Islamization provision, the Supreme Constitutional Court of Egypt has interpreted Shari'a norms to be consistent with international human rights norms and with liberal economic policies. The experience of …


Legislative Watch, Heather Morris Jan 2005

Legislative Watch, Heather Morris

Human Rights Brief

No abstract provided.


Legislative Watch, Heather Morris Jan 2005

Legislative Watch, Heather Morris

Human Rights Brief

No abstract provided.


Legislative Watch, Ryan Vogel Jan 2005

Legislative Watch, Ryan Vogel

Human Rights Brief

No abstract provided.


Interim Measures In International Human Rights: Evolution And Harmonization, Jo Pasqualucci Dec 2004

Interim Measures In International Human Rights: Evolution And Harmonization, Jo Pasqualucci

Jo Pasqualucci

No abstract provided.