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Full-Text Articles in Law
Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum
Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum
International & Comparative Law Colloquium Papers
Although the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW” or the “Convention”) has succeeded in some respects, even its supporters acknowledge broad failures. CEDAW’s weakness draws on the titular mistaken diagnosis: “women” are not the issue&#;gender disparities are. The 1970’s drafting of CEDAW focused on bringing women to their place at the international law table. What’s wrong with women’s rights? In the international context, CEDAW attempts to empower women but fails to respect other gender inequality. As the preeminent treaty on gender inequality, CEDAW cannot succeed in creating gender equality if its scope remains limited …
Introductory Note To The Optional Protocol To The International Covenant On Economic, Social And Cultural Rights, Tara J. Melish
Introductory Note To The Optional Protocol To The International Covenant On Economic, Social And Cultural Rights, Tara J. Melish
Journal Articles
This Introductory Note to the publication in ILM of the newly-adopted Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) seeks to put the primary source document in proper context by briefly explaining its history, content, and significance in international law. The Note is accompanied by the text of the OP-ICESCR, adopted by the U.N. General Assembly on December 10, 2008 to commemorate the 60th anniversary of the Universal Declaration of Human Rights. The OP creates an individual complaints procedure for alleged violations of the ICESCR, rectifying a thirty year asymmetry in human rights treaty law.
Valuing Foreign Lives And Civilizations In Cost-Benefit Analysis: The Case Of The United States And Climate Change Policy, David A. Dana
Valuing Foreign Lives And Civilizations In Cost-Benefit Analysis: The Case Of The United States And Climate Change Policy, David A. Dana
Faculty Working Papers
This Article explores the case for including losses of foreign (non-U.S.) lives and settlements in the estimated cost to the United States of unmitigated climate change in the future. The inclusion of losses of such foreign lives and settlements in cost benefit analysis (CBA) could have large implications not only for U.S. climate change policy but also for policies adopted by other nations and the practice of CBA generally. One difficult problem is how to assess U.S. residents' willingness to pay to prevent the losses of foreign lives and settlements. This Article discusses internet-based surveys that are a first step …
The European Court’S Political Power Across Time And Space, Karen Alter
The European Court’S Political Power Across Time And Space, Karen Alter
Faculty Working Papers
This article extracts from Alter's larger body of work insights on how the political and social context shapes the ECJ's political power and influence. Part I considers how the political context facilitated the constitutionalization of the European legal system. Part II considers how the political context helps determine where and when the current ECJ influences European politics. Part III draws lessons from the ECJ's experience, speculating on how the European context in specific allowed the ECJ to become such an exceptional international court. Part IV lays out a research agenda to investigate the larger question of how social support shapes …
Intention, Torture, And The Concept Of State Crime, Aditi Bagchi
Intention, Torture, And The Concept Of State Crime, Aditi Bagchi
All Faculty Scholarship
Notwithstanding the universal prohibition against torture, and almost universal agreement that in order to qualify as torture, the act in question must be committed intentionally with an illicit purpose, the intentional element of torture remains ambiguous. I make the following claims about how we should interpret the intent requirement as applied to states. First, state intent should be understood objectively with reference to the apparent reasons for state action. The subjective motivation of particular state actors is not directly relevant. While we focus on subjective intent in the context of individual crime because of its relation to culpability and blameworthiness, …
The Future Of Corporate Accountability For Violations Of Human Rights, Christiana Ochoa
The Future Of Corporate Accountability For Violations Of Human Rights, Christiana Ochoa
Articles by Maurer Faculty
No abstract provided.
United States Detention Operations In Afghanistan And The Law Of Armed Conflict, Matthew C. Waxman
United States Detention Operations In Afghanistan And The Law Of Armed Conflict, Matthew C. Waxman
Faculty Scholarship
Looking back on US and coalition detention operations in Afghanistan to date, three key issues stand out: one substantive, one procedural and one policy. The substantive matter – what are the minimum baseline treatment standards required as a matter of international law? – has clarified significantly during the course of operations there, largely as a result of the US Supreme Court’s holding in Hamdan v. Rumsfeld. The procedural matter – what adjudicative processes does international law require for determining who may be detained? – eludes consensus and has become more controversial the longer the Afghan conflict continues. And the …