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Full-Text Articles in Law

The Human Right To Development: Historical And Contemporary Linkages To Colonialism, Norman R. Kimber Jun 2023

The Human Right To Development: Historical And Contemporary Linkages To Colonialism, Norman R. Kimber

Electronic Thesis and Dissertation Repository

This thesis concerns the Right to Development (the R2D), which was declared an inalienable human right by the United Nations General Assembly (UNGA) in the non-binding Declaration on the Right to Development (the DR2D) in 1986. It asserts that the R2D was not declared in a realizable manner, explaining the causes of identified doctrinal shortcomings. It explores the emergence of the R2D within the confluence of two post-1945 movements, being decolonization and the international human rights project, asserting that these movements were closely intertwined and substantively influenced by jurists from the Global South. The thesis then examines the political evolution …


Internally Displaced Persons & Covid-19 Under International Law, Bezawit G. Abebe Jan 2022

Internally Displaced Persons & Covid-19 Under International Law, Bezawit G. Abebe

Theses and Dissertations

The issue of Internally Displaced Persons (IDP) has been overshadowed by global attention on those who flee across an international border, recognized as refugees. In most cases, the only difference between IDPs and refugees is crossing an international border. This research examines the plight of (IDPs) from the perspective of international law and the additional vulnerabilities the Covid 19 pandemic brought them. The rapid growth of IDPs due to wars and disasters is concerning. Furthermore, the challenges for these already vulnerable IDPs are exacerbated by the Covid-19 global pandemic. The authority to regulate IDPs and their rights is left to …


The Syrian Refugee Crisis Within Europe: A Matter Of Politics, Not Capacity, Anita Frances Shenoi Jan 2020

The Syrian Refugee Crisis Within Europe: A Matter Of Politics, Not Capacity, Anita Frances Shenoi

CMC Senior Theses

This thesis examines factors that enabled the influx of Syrian refugees to the European Union and traces their plight in Europe as one of the greatest humanitarian crises since World War II. The migration of refugees to European countries is a result of Syrians facing religious, racial, and social persecution, and immediate danger from proximity to on the ground conflict in Syria. The Syrian refugee crisis in Europe is occurring, in part, because there is a concentrated effort on behalf of Member States to change the definition of displacement to fit narratives more conducive to each countries’ individual preferences. European …


Argentine "Dirty War" : Human Rights Law And Literature, Alexander H. Lubarsky Jan 1997

Argentine "Dirty War" : Human Rights Law And Literature, Alexander H. Lubarsky

Theses and Dissertations

In 1973 Gen. Juan Domingo Peron was voted into office as President of Argentina after an 18 year exile. He died the following year in 197 4 when his second wife, Isabella Peron, served as his successor. In 1976 the military overthrew Isabella Peron as part of their "calling" to restore law and order to a chaotic Argentina. To do so, the military declared an all out war on any sectors of life which could be viewed as a threat to the maintenance of military rule. This objective, offic-ially known as the "Proceso" but dubbed by the public as the …