Law Commons^™

Partisan Conflicts Over Presidential Authority, Jide Nzelibe

William & Mary Law Review

No abstract provided.

Divided We Stand: The Haudenosaunee, Their Passport And Legal Implications Of Their Recognition In Canada And The United States, Nicole Terese Capton Marques

San Diego International Law Journal

There are several indigenous nations divided by the international border between the U.S. and Canada (hereinafter, border tribes). Part II will provide historical background on the Haudenosaunee and the Haudenosaunee passport, as well as on the Jay Treaty's free passage right as recognition that the international border was not to affect border tribes. Part III of this comment will examine the trust-like duty both federal governments owe to indigenous populations in general, briefly describe benefits and services offered, and then discuss the legal effects of current legislation and regulations by the American and Canadian governments on Haudenosaunee tribal members living …

Direct Participation In Hostilities And The Interoperability Of The Law Of Armed Conflict And Human Rights Law, Francoise J. Hampson

International Law Studies

No abstract provided.

Xviii Concluding Remarks: Loac And Attempts To Abuse Or Subvert It, Yoram Dinstein

International Law Studies

No abstract provided.

Affirmative Action And International Law, Maxwell O. Chibundu

Maxwell O. Chibundu

The use of the conjunction 'and' rather than the preposition 'in' in the title of this essay is intended to convey both the descriptive limitations of the subject matter as well as the breadth of its potentialities. International law and its practitioners have devoted little attention to issues of affirmative action and currently dominant epistemic trends do not suggest any significant shift in focus occurring soon. By contrast, municipal proponents of affirmative action in countries such as the United States, embattled as they are in defending an increasingly controversial policy, have tried to bolster their arguments by reference to international …

Delinking Disproportionality From Discrimination: Procedural Burdens As Proxy For Substantive Visions, Maxwell O. Chibundu

Maxwell O. Chibundu

No abstract provided.

Political Ideology As A Religion: The Idolatry Of Democracy, Maxwell O. Chibundu

Maxwell O. Chibundu

In contemporary international law and politics, the invocation of the term “democracy” transcends both objective description and ritual symbolism. Normatively, it is deployed to delineate the good society from the pariah state. Prescriptively, it is employed to shun and coerce foes into preferred policies. In this article, I reflect on the ways in which contemporary liberalism’s faith and commitment to “democracy” have become akin to those that classically are associated with religion. By tracing the roots, rise and spread of democracy to the demands of an essentially European middle-class engaged in industrialization, commerce and colonization, and by relating that history …

The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu

Maxwell O. Chibundu

There is a built-in paradox in the emergence of international law over the last decade as a core concern of academics and policy-makers. On the one hand, it is difficult to imagine any other period in history that has witnessed such a profusion of attempts to tame the anarchical society by hedging it in a straight-jacket of legalities. Throughout the 1990s, international conferences generated reams of treaties, codes, and agendas for action. International adjudicatory tribunals proliferated, and endeavored to give teeth to ideas and obligations hitherto thought to be essentially aspirational. And yet, the ability of international law to regulate …

The Communal Violence Bill: Countering Impunity, Seeking Accountability, Saumya Uma

Dr. Saumya Uma

Eccc In Pre-Trial Action: Was There Good Reason To Order Pre-Trial Detention Of The Eccc Defendants, Stan Starygin

Human Rights Brief

No abstract provided.

Introduction: Human Rights And Legal Systems Across The Global South Symposium, Christiana Ochoa, Shane Greene

Indiana Journal of Global Legal Studies

Human Rights and Legal Systems Across the Global South, Symposium, Indiana University Maurer School of Law, Bloomington, Indiana. 9-10 April 2010.

An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein

Scholarly Works

No abstract provided.

Conceptualizing The Home State Duty To Protect Human Rights, Sara L. Seck

Articles, Book Chapters, & Popular Press

The state duty to protect human rights from abuses by non-state actors including business is one of the three differentiated but complementary pillars that make up the UN Protect, Respect, Remedy Framework for Business and Human Rights. Yet the jurisdictional scope of the duty to protect is disputed. This chapter explores both the permissibility of home state regulation under jurisdictional principles of public international law and the existence of home state obligations to regulate and adjudicate transnational corporations to prevent and remedy human rights violations. Properly understood, the state duty to protect applies to all executive, legislative and judicial organs …

Human Rights And The Search For Common Ground: A Comparative Study Of Islamic And Christian Thought, Joseph Prud'homme

Human Rights & Human Welfare

A review of:

Common Ground: Islam, Christianity, and Religious Pluralism. By Paul Heck. Washington, DC: Georgetown University Press. 2009.

First, Do No Harm: Response To “If You Prick Me”, Patricia A. Broussard

Journal Publications

Brianna Lennon makes several cogent and persuasive arguments about Female Genital Mutilation (“FGM”) in her recently published Student Note entitled, If You Prick Me: The American Academy of Pediatrics’ Female Genital Cutting Policy Turnabout. She successfully articulates why she believes that by prohibiting FGM, opponents are in effect reinforcing it as a tie to the former culture or country. However, although Ms. Lennon makes some sound points, she overlooks and thereby, fails to answer the most obvious question which is, who owns a woman’s body? If one reaches the conclusion that a woman owns her body, then the logical extension …

The Global Politics Of Food: Introduction To The Theoretical Perspectives Cluster, Carmen G. Gonzalez

Carmen G. Gonzalez

The corporate-dominated, fossil-fuel dependent model of agricultural production has produced chronic undernourishment, an epidemic of obesity and diet-related diseases, and unprecedented ecological devastation. In May 2010, the Universidad Interamericana in Mexico City hosted an international conference on The Global Politics of Food: Sustainability and Subordination. Sponsored by Latina and Latino Critical Legal Theory, Inc. and by Seattle University School of Law, the conference took place under the auspices of the South-North Exchange on Theory, Culture and Law (SNX), a yearly gathering of scholars in the Americas that seeks to foster transnational, cross-disciplinary and inter-cultural dialogue on current issues in law, …

Waiting For Justice

Dr. Saumya Uma