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Articles 151 - 180 of 199
Full-Text Articles in Law
Hannah Arendt In A Global Age: Political Evil And International Theory, Matthew S. Weinert
Hannah Arendt In A Global Age: Political Evil And International Theory, Matthew S. Weinert
Human Rights & Human Welfare
A review of:
Political Evil in a Global Age: Hannah Arendt and International Theory. By Patrick Hayden. New York: Routledge, 2009. 145 pp.
A Reply To David Richards’ Review Of Measuring Human Rights, Todd Landman, Edzia Carvalho
A Reply To David Richards’ Review Of Measuring Human Rights, Todd Landman, Edzia Carvalho
Human Rights & Human Welfare
Professor Richards highlights, in his generous review of our book Measuring Human Rights that one of the aims of the book is to bring to the forefront the importance of conceptualization before operationalization – that conceptual clarity (or lack of it) is at the heart of the problems concerning the measurement of human rights. He draws out three key issues from the book as the springboard for further discussion on measurement of the concept – a) the “Respect, Protect and Fulfill” (RPF) framework, b) the lack of reliable data sources, and c) the conceptual links between human rights, human development, …
From “Iron Fist” Policies To Comprehensive Social Intervention, Claudia Heiss
From “Iron Fist” Policies To Comprehensive Social Intervention, Claudia Heiss
Human Rights & Human Welfare
The latest effort by Brazilian authorities to control crime in Rio's favelas confronts us with several complex questions regarding democracy, the rule of law, and civil-military relations, not only in this case, but throughout Latin America. What conclusions can we derive from the military and police interventions in Rio about the state of affairs of these third-wave democracies?
Circumcision Or Mutilation - Voluntary Or Forced Excision - Extricating The Ethical And Legal Issues In Female Genital Ritual, Obiajulu Nnamuchi
Circumcision Or Mutilation - Voluntary Or Forced Excision - Extricating The Ethical And Legal Issues In Female Genital Ritual, Obiajulu Nnamuchi
Journal of Law and Health
This Article consists of seven sections. Following the introduction, Part II reconstructs the debate as to whether Female Genital Ritual is a legitimate cultural practice or a human rights violation, and it sets forth the major arguments. Part III delves into, and debunks, the moral relativist argument regarding FGR. Part IV seeks to determine whether FGM is evil. A foray into the theory of evil, the section draws critical distinctions between FC and FGM and explains why the distinctions are of paramount moral importance. Part IV also concludes that FGM is evil, and thus, among the issues related to the …
Evaluating The Palestinians’ Claimed Right Of Return, Andrew Kent
Evaluating The Palestinians’ Claimed Right Of Return, Andrew Kent
Faculty Scholarship
This Article takes on a question at the heart of the longstanding Israeli-Palestinian dispute: did Israel violate international law during the conflict of 1947-49 either by expelling Palestinian civilians or by subsequently refusing to repatriate Palestinian refugees? Palestinians have claimed that Israel engaged in illegal ethnic cleansing, and that international law provides a "right of return" for the refugees displaced during what they call al-Nakbah (the catastrophe). Israel has disagreed, blaming Arab aggression and unilateral decisions by Arab inhabitants for the refugees' flight, and asserting that international law provides no right of the refugees to return to Israel. Each side …
Use Of Comparative Law In Determining The Customary International Law Of Human Rights, Kenneth S. Gallant
Use Of Comparative Law In Determining The Customary International Law Of Human Rights, Kenneth S. Gallant
Faculty Scholarship
Comparative law method is essential to determining the customary international law status of rules of human rights law. Doing the hard, detailed work of comparative law is necessary if we are to give up on the unfortunate tendency to make overly broad, unsupported claims that wide varieties of human rights have passed into customary international law.
The traditional use of only interstate practice in determining rules of customary international law is insufficient where the rules concern relationships between states and individuals, especially their own nationals. This, however, is the essence of human rights law.
Comparative law techniques allow, and are …
Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant
Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Finding International Law, Part Ii: Our Fragmenting Legal Community, Harlan G. Cohen
Finding International Law, Part Ii: Our Fragmenting Legal Community, Harlan G. Cohen
Scholarly Works
Is there an “International Community?” This Article suggests that there is not, that the oft-discussed fragmentation of international law reveals that there are in fact multiple overlapping and competing international law communities, each with differing views on law and legitimacy.
This Article reaches this conclusion by taking a fresh look not only at the sources of fragmentation, but at the sources of international law itself. Building on earlier work rethinking international law’s sources and drawing insights from legal philosophy, compliance theory, and international relations, this Article takes a closer look at three areas that have challenged traditional interpretations of international …
Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
China’S ‘Attitude’ Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang
China’S ‘Attitude’ Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang
Articles
China observers in the United States generally share two observations on China today: that China has made impressive progress in economic development in the past three decades, and that China has maintained a poor human rights record since the 1989 Tiananmen Massacre. On the economic front, China overtook Japan and became the second largest economy in 2010. In a joint study with China's Development Research Center of the State Council, the World Bank recently predicted that even if the Chinese economy grows a third as slowly in the future, it will outstrip the United States in terms of overall GDP …
Jessica Lenahan (Gonzalez) V. United States & Collective Entity Responsibility For Gender-Based Violence, Nancy Chi Cantalupo
Jessica Lenahan (Gonzalez) V. United States & Collective Entity Responsibility For Gender-Based Violence, Nancy Chi Cantalupo
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López
The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López
Articles
No abstract provided.
Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon, Erica Nordberg
Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon, Erica Nordberg
American University International Law Review
No abstract provided.
From Fragmentation To Constitutionalization, Harlan G. Cohen
From Fragmentation To Constitutionalization, Harlan G. Cohen
Scholarly Works
This short essay, prepared for a panel on “The Impact of a Wider Dissemination of Human Rights Norms: Fragmentation or Unity?,” explores the connection between two popular, but seemingly contradictory discourses in international law: fragmentation and constitutionalization. After disentangling and categorizing the various types of fragmentation international law may be experiencing, the essay focuses in on one form in particular, the “fragmentation of the legal community.” This most radical version of fragmentation, the essay argues, has spurred a number of responses, many of which suggest the beginnings of a constitutional conflicts regime for international law. The essay ends by suggesting …
China's "Attitude" Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang
China's "Attitude" Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang
Maryland Journal of International Law
No abstract provided.
Imagining A Right To Housing, Lying In The Interstices, Shelby D. Green
Imagining A Right To Housing, Lying In The Interstices, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This article explores whether the philosophical and constitutional predicates for the recognition of a right to housing exist in some form in our nation’s jurisprudence and political order. Part II traces the evolution of the concept of “rights” from that embraced by the country’s founders to the present, how such a right to housing would fit within the dialogue of property rights, the notion of ownership, and the interest in liberty. Part III discusses the historical role of the court in protecting housing. Part IV discusses the notion of protecting rights to housing under existing equal protection and due process …
Patents Fettering Reproductive Rights, Scott A. Allen
Patents Fettering Reproductive Rights, Scott A. Allen
Indiana Law Journal
No abstract provided.
Charter Without Borders? The Supreme Court Of Canada, Transnational Crime And Constitutional Rights And Freedoms, Robert Currie
Charter Without Borders? The Supreme Court Of Canada, Transnational Crime And Constitutional Rights And Freedoms, Robert Currie
Articles, Book Chapters, & Popular Press
The first decades of the Supreme Court of Canada's Charter jurisprudence have coincided roughly with an increase in the extent to which Canada is affected by transnational crime and the nation's consequential participation in inter-state efforts to combat it. The court itself has remarked on its discrete "jurisprudence on matters involving Canada's international co-operation in criminal investigations and prosecutions." This article examines the Court's adoption of a different approach to Charter analysis in cases involving transnational elements and surveys where the Court has "drawn the line" in terms of Charter application. By way of analyzing jurisprudence on exclusion of evidence …
The Rule Of Law: A Help Or Hindrance To International Business, The Honourable Mr. Justice M. Burton
The Rule Of Law: A Help Or Hindrance To International Business, The Honourable Mr. Justice M. Burton
South Carolina Journal of International Law and Business
No abstract provided.
Securing Land Tenure & Agricultural Development In The Guinea Savannah: A Ghanaian Case Study, Michael S. Talbot
Securing Land Tenure & Agricultural Development In The Guinea Savannah: A Ghanaian Case Study, Michael S. Talbot
South Carolina Journal of International Law and Business
No abstract provided.
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Articles, Book Chapters, & Popular Press
With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …
Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie
Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie
Articles, Book Chapters, & Popular Press
Both domestic and international laws regarding the extradition of fugitive criminal offenders are in a state of flux throughout the world. The current legal landscape reflects tension between the interest of state authorities in promoting “security,” on the one hand, and increasing recognition that human rights obligations are at play, on the other. Gary Botting’s book, Extradition Between Canada and the United States, successfully addresses this tension by way of a detailed examination of what is probably the most integrated extradition partnership outside the European Union.
Thirteenth Annual Grotius Lecture Series: The Global Status Of Human Rights, Amartya Sen
Thirteenth Annual Grotius Lecture Series: The Global Status Of Human Rights, Amartya Sen
American University International Law Review
No abstract provided.
Thirteenth Annual Grotius Lecture Response: Amartya Sen’S Vision For Human Rights – And Why He Needs The Law, Kim Lane Scheppele
Thirteenth Annual Grotius Lecture Response: Amartya Sen’S Vision For Human Rights – And Why He Needs The Law, Kim Lane Scheppele
American University International Law Review
No abstract provided.
Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims' Representatives., David C. Baluarte
Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims' Representatives., David C. Baluarte
American University International Law Review
No abstract provided.
The Spectrum For Child Justice In The International Human Rights Framework: From Reclaiming The Delinquent Child To Restorative Justice, Violet Odala
American University International Law Review
No abstract provided.
The Extraterritorial Obligation To Prevent The Use Of Child Soldiers, Tracey B. C. Begley
The Extraterritorial Obligation To Prevent The Use Of Child Soldiers, Tracey B. C. Begley
American University International Law Review
No abstract provided.
The Washington Declaration On Intellectual Property And The Public Interest, The Global Congress On Intellectual Property And The Public Interest
The Washington Declaration On Intellectual Property And The Public Interest, The Global Congress On Intellectual Property And The Public Interest
American University International Law Review
No abstract provided.
Introduction: The Washington Declaration On Intellectual Property And The Public Interest, Sean M. Flynn
Introduction: The Washington Declaration On Intellectual Property And The Public Interest, Sean M. Flynn
American University International Law Review
No abstract provided.
Harm Reduction, Human Rights, And Access To Information On Safer Abortion, Joanna Erdman
Harm Reduction, Human Rights, And Access To Information On Safer Abortion, Joanna Erdman
Articles, Book Chapters, & Popular Press
A harm reduction and human rights approach, grounded in the principles of neutrality, humanism, and pragmatism, supports women's access to information on the safer self-use of misoprostol in diverse legal settings. Neutrality refers to a focus on the risks and harms of abortion rather than its legal or moral status. Humanism refers to the entitlement of all women to care and concern for their lives and health, to be treated with respect, worth, and dignity, and to the empowerment of women to participate in decision-making and political action. Pragmatism accepts the historical reality that women will engage in unsafe abortion, …