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Full-Text Articles in Law

Glocalizing Law And Culture: Towards A Cross-Constitutive Paradigm, Berta E. Hernández-Truyol Nov 2014

Glocalizing Law And Culture: Towards A Cross-Constitutive Paradigm, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

This lecture addresses the relationship between law and culture in three general parts. The first part consists of a brief review of the theories addressing the relationship of law and culture, mainly the mirror theory. But I will suggest that there is more to the relationship of law and culture than one being an inert reflection of the other; hence my proposal for what I call, as a working concept, a cross-constitutive paradigm of law and culture. The second part reviews the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW''), a law that seeks to effect …


Unsex Cedaw? No! Super-Sex It!, Berta E. Hernández-Truyol Nov 2014

Unsex Cedaw? No! Super-Sex It!, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

This Article reflects upon Darren Rosenblum's provocative piece Unsex CEDAW, or What's Wrong with Women's Rights. At the outset I should note that this critical analysis should not be misinterpreted. I do not quarrel with Professor Rosenblum's observations that inequality in law and life is much broader than sex inequalities. To the contrary, I am in full accord with him that discrimination along other categorical axes is also undesirable and sometimes as prevalent as sex inequality. Indeed, oftentimes such other discriminatory tendencies dovetail with those rooted in sex discrimination. Where we diverge, however, is in his proposal that the category …


The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd Oct 2014

The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd

Georgia Journal of International & Comparative Law

No abstract provided.


Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace Oct 2014

Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace

Georgia Journal of International & Comparative Law

No abstract provided.


Reconciling Indigenous And Women's Rights To Land In Sub-Saharan Africa, Aparna Polavarapu Sep 2014

Reconciling Indigenous And Women's Rights To Land In Sub-Saharan Africa, Aparna Polavarapu

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Conventions And Reservations: An Examination Of A Critical Deficit In The Cedaw, Michael Buenger Jan 2014

Human Rights Conventions And Reservations: An Examination Of A Critical Deficit In The Cedaw, Michael Buenger

Michael Buenger

Human rights agreements like CEDAW contain language that seeks to inspire and establish the legal boundaries of state action with regards to protected rights. Such agreements also contain reservation provisions that enable states to join an agreement and simultaneously exempt themselves from the very substantive goals the agreement seeks to achieve. In the past, the issue of reservation compatibility has been treated as political questions under an objection process. Establishing a mechanism for testing reservation compatibility before the ICJ is a better means of ensuring that states do not nonchalantly exempt themselves from human rights obligations through reservations.