Law Commons^™

Kurt Mills On Governance, Order, And The International Criminal Court: Between Realpolitik And A Cosmopolitan Court. Edited By Steven C. Roach. Oxford: Oxford University Press, 2009. 289pp., Kurt Mills

Human Rights & Human Welfare

A review of:

Governance, Order, and the International Criminal Court: Between Realpolitik and a Cosmopolitan Court. Edited by Steven C. Roach. Oxford: Oxford University Press, 2009. 289pp.

Hidetoshi Hashimoto On International Law (Sixth Edition). By Malcolm Shaw. New York: Cambridge University Press, 2008. 1542pp., Hidetoshi Hashimoto

Human Rights & Human Welfare

A review of:

International Law (Sixth Edition). By Malcolm Shaw. New York: Cambridge University Press, 2008. 1542pp.

Palestinian Refugees: Protection In Exile, Vivienne Chew

Human Rights & Human Welfare

The Palestinian refugee problem is perhaps the most critical and complex of the outstanding issues in the Israeli-Palestinian conflict. Sixty-two years have now passed since the 1948 Arab-Israeli War, in which hundreds of thousands of Palestinians were displaced en masse and rendered stateless. Since then, successive generations of Palestinian refugees have endured discrimination, insecurity, repeated cycles of displacement, and infringement of their basic rights and freedoms.

Amazigh Legitimacy Through Language In Morocco, Sarah R. Fischer

Human Rights & Human Welfare

Contemporary Morocco rests at a geographic and developmental crossroads. Uniquely positioned on the Northwestern tip of Africa, Morocco is a short distance away from continental Europe, cradled between North African tradition and identity, and Western embrace. The landscape is varied: craggy mountains trail into desert oases; cobbled streets of the medina anchor the urban centers; mud homes dot the rural countryside. Obscured from the outside observer, behind the walls of the Imperial cities and between the footpaths of village olive groves, Morocco’s rich and diverse Arab and Amazigh cultures and languages circle one another in a contested dance. Morocco’s identity …

Establishing Governmental Legitimacy In Iraq: The Path To Protecting Human Rights, Matt Mines

Human Rights & Human Welfare

Rule of law is essential for ensuring the protection of human rights in post-conflict societies. Contention and disagreements, however, often arise regarding the best ways to establish rule of law in a reconstructive state. It is a vital prerequisite to rule of law that a government be viewed as legitimate. Following an armed conflict, the restoration of basic services and infrastructure is essential for instilling confidence that the government is legitimate and is capable of providing for the needs of the local populace. The essential services include water, electricity, and security on a consistent basis. In order to ensure ongoing …

Necessary Fictions: Indigenous Claims And The Humanity Of Rights, Peter Fitzpatrick

Human Rights & Human Welfare

To begin, not propitiously. When checking whether my title ‘Necessary Fictions’ was being used elsewhere, Google revealed that it was going to be used in a future talk, and by me. It transpired mercifully that this use was going to be quite different to the present which suggested the prospect of a new academic genre: same title, different paper; rather than the standard combination of same paper, different title. Fortuitously, that contrast gave me the leitmotiv for this talk – that things ostensibly the same can be different, and that things ostensibly different can be the same.

© Peter Fitzpatrick. …

Tunisia–The Imprisonment Of Fahem Boukadous (Part One Of A Series), Rob Prince

Human Rights & Human Welfare

To most Americans with the exception of those few who, for whatever reason, have an attachment to the North African country of Tunisia, the name Fahem Boukadous, foreign to American ears, means nothing. It means a good deal more to "Reporters Without Borders” and to the US State Department that actually issued a statement (half way down the page) on his behalf, to the US intelligence agencies and military that have carefully followed the Spring, 2008 uprising in the Tunisian region of Gafsa–deemed the most extensive and militant social protest in that country’s history in the past quarter century.

© …

Paul Okojie On Darfur And The Crisis Of Governance In Sudan: A Critical Reader. Edited By Salah M. Hassan And Carina E. Ray. Ithaca: Cornell University Press, 2009. 528pp., Paul Okojie

Human Rights & Human Welfare

A review of:

Darfur and the Crisis of Governance in Sudan: A Critical Reader. Edited by Salah M. Hassan and Carina E. Ray. Ithaca: Cornell University Press, 2009. 528pp.

Arbitrary Arrest And Detention Of Human Rights Defenders In Iran: Subduing The Voices Demanding Rights, Sachchi Karki

Human Rights & Human Welfare

Arbitrary arrest and detention, oftentimes used to curtail the freedom of opinion and expression, as well as the right to association and peaceful assembly, has continued to characterize Iranian regimes since the 1979 Islamic Revolution. Such arrest and detention of human rights defenders (HRD)–who individually or with others act to protect and promote human rights—has demonstrated the repressive nature of the Iranian regime. Human rights lawyers, civil society representatives, journalists, and women’s rights movements and trade union activists are among the most commonly targeted HRD.

Curtis Fogel On Dying Inside: The Hiv/Aids Ward At Limestone Prison. By Benjamin Fleury-Steiner & Carla Crowder. Ann Arbor, Mi: University Of Michigan Press, 2008. 238pp., Curtis Fogel

Human Rights & Human Welfare

A review of:

Dying Inside: The HIV/AIDS Ward at Limestone Prison. By Benjamin Fleury-Steiner & Carla Crowder. Ann Arbor, MI: University of Michigan Press, 2008. 238pp.

Steve C. Ropp On Human Rights In Latin America: A Politics Of Terror And Hope. By Sonia Cardenas. Philadelphia, Pa: University Of Pennsylvania Press, 2010. 256pp., Steve C. Ropp

Human Rights & Human Welfare

A review of:

Human Rights in Latin America: A Politics of Terror and Hope. By Sonia Cardenas. Philadelphia, PA: University of Pennsylvania Press, 2010. 256pp.

Barb Rieffer-Flanagan On Muslims In Global Politics: Identities, Interests, And Human Rights. By Mahmood Monshipouri. Philadelphia: University Of Pennsylvania Press, 2009. 325pp., Barb Rieffer-Flanagan

Human Rights & Human Welfare

A review of:

Muslims in Global Politics: Identities, Interests, and Human Rights. By Mahmood Monshipouri. Philadelphia: University of Pennsylvania Press, 2009. 325pp.

“Revolution By Eradication:” On The Khmer Rouge’S Making Of The Tragedy Of Cambodia, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

The Killing of Cambodia: Geography, Genocide and the Unmaking of Space . By James A. Tyner. Aldershot, England: Ashgate Publishing, 2008. 209pp.

Introduction: Human Rights In The Middle East And North Africa (Mena), Raslan Ibrahim

Human Rights & Human Welfare

The wave of revolutions and popular uprisings across the Middle East and North Africa (MENA) at the dawn of 2011 highlights the inescapable relevance and impact of human rights on the region’s politics and security. The Arab regimes’ violations of human rights and lack of respect to the human dignity of their citizens are in fact the seeds of the Jasmine revolution in Tunisia, the rebellion of the Egyptian people against Mubarak regime, as well as the ongoing uprisings across the rest of MENA. The women and men who are protesting in the streets of Egypt, Bahrain, Libya, Syria, Yemen, …

The Abuse Of Child Domestic Workers: Petites Bonnes In Morocco, Joanna Miller

Human Rights & Human Welfare

The International Labor Organization (ILO) classifies child domestic labor as a “worst form of child labor” for a very good reason. Driven by dire poverty and lack of access to education, children are sent away from their homes, often moving to large and unfamiliar cities to work for wealthier families. Morocco has one of the worst child domestic labor problems in Northern Africa with an ILO estimated 66,000-88,000 children between the ages of 7 and 15, 70% of whom are under age 12, working in Morocco today (Rinehart 2007). Many of these child laborers are young girls working as maids, …

The Object Of Torture Is Torture: Extraordinary Renditions To Jordan And Human Rights In The War On Terror, Kat Mitchell

Human Rights & Human Welfare

Hassan Saleh bin Attash, a Yemeni national, was just seventeen at the time of his September 2002 arrest in Pakistan. The young man spent four days in a Karachi prison before being taken to a United States-run prison in Kabul, where he was held and allegedly tortured through the middle of September. He was then rendered to Jordan.

Persecution Of Coptic Christians In Modern Egypt, Alla Rubinstein

Human Rights & Human Welfare

The Christian community of Egypt dates back to the seventeenth century and comprises 12 per cent of the population today. As one of the oldest churches of the world, the Coptic Christian Church, first formed in Alexandria, has stood resilient and faithful to its traditions against intolerance, siege and persecutions. Having been present in most institutions of the state among the overwhelmingly Sunni-Muslim population, Copts are not new to the slow process of Islamization that Egypt has been undergoing for the last twenty years. What has been unique to the recent Coptic experience is the forced integration of Shari’a law …

Dying For Love: Homosexuality In The Middle East, Heather Simmons

Human Rights & Human Welfare

Today in the United States, the most frequent references to the Middle East are concerned with the War on Terrorism. However, there is another, hidden battle being waged: the war for human rights on the basis of sexuality. Homosexuality is a crime in many of the Middle Eastern states and is punishable by death in Sudan, Saudi Arabia, Yemen, Qatar, Kuwait, and Iran (Ungar 2002). Chronic abuses and horrific incidences such as the 2009 systematic murders of hundreds of “gay” men in Iraq are seldom reported in the international media. Speculation as to why this population is hidden includes the …

Bedouin Women In The Naqab, Israel: Ongoing Transformation, Marcy M. Wells

Human Rights & Human Welfare

Since its inception in 1948, the state of Israel has based development plans on an agenda of nation-building that has systematically excluded Palestinian Arab citizens such as the indigenous Bedouin. Policies of relocation, resettlement, and restructuring have been imposed on the Bedouin, forcing them from their ancestral lands and lifestyle in the Naqab (or Negev, as it is called in Hebrew) desert of southern Israel. The rapid and involuntary transition from self-sufficient, semi-nomadic, pastoral life to sedentarization and modernization has resulted in dependency on a state that treats the Bedouin as minority outsiders through unjust social, political, and economic structures. …

Finding A Voice: Using The Internet For Free Speech And Expression In Iran, Chelsea Zimmerman

Human Rights & Human Welfare

In July 2009, many Iranians took to the streets to protest the results of the presidential election in which Mahmoud Ahmadinejad won with a reported 62% of the vote. The protests, stemming from allegations of electoral fraud, quickly exposed the government's limited tolerance for dissent. In addition to street demonstrations, protestors utilized social networking websites to express their opposition to the election results. The world, following Internet feeds, witnessed the restrictive mechanisms Iran’s government placed on expression and speech. People throughout the world admonished Iran for the government's interference with cell phone and Internet networks. Iran’s free speech and expression …

Human Rights Education In Peace-Building: A Look At Where The Practice Has Come From, And Where It Needs To Head, Tracey Holland

Human Rights & Human Welfare

The world’s peace-building and development organizations increasingly are incorporating human-rights frameworks into the myriad of activities now under their purview. Slower to develop, however, are the capacity-building programs designed to impart knowledge about human rights to citizens and communities. Field-workers throughout the world indicate that the lack of such guidance-giving education hinders them when it comes to monitoring activities, helping to rebuild public institutions, setting up and organizing electoral politics, building an unfettered media, protecting human security, setting up transitional justice mechanisms, and the myriad of other peace-building activities and democratization challenges they face in post-conflict situations. This paper not …

Beyond The Brink: Somalia’S Health Crisis, Bryson Brown

Human Rights & Human Welfare

Somalia is approaching a daunting anniversary: in 2011, the country will begin its twentieth consecutive year without an effective centralized government. The fall of the Soviet supported Siad Barre government in 1991 created a power vacuum that was filled by warlords, clans and, most recently, Islamists. Fourteen interim governments have failed to supplant those forces. Health infrastructure and the general health of the population have been devastated as a result. Precious few organizations are still providing health-related services. Unfortunately, recent events suggest that this crisis is going to get worse before it gets better.

On Visibly Dangerous Silliness, Anthony Chase

Human Rights & Human Welfare

“Silly” is what Ramadan calls the Swiss minaret referendum. He urges, in response to its passage, that Swiss Muslims be more rather than less visible. Each point is worth reflection. How and why does silliness transform itself into danger? And how and why is visibility the correct response to such danger—even if it leads in directions Ramadan may not suspect?

Reimagining Human Rights Law: Toward Global Regulation Of Transnational Corporations, Rachel J. Anderson

Scholarly Works

This article takes a new look at a perennial question of human rights: how to prevent corporate-related human rights abuses and provide remedies for victims. It argues that transnational corporations require specialized and targeted regulations and laws, and that the conflation of human rights law and international human rights law should be reversed to allow the advancement of other forms of human rights law. It makes two proposals. First, reimagine human rights law and international human rights law as separate categories. Specifically, classify international human rights law as a sub-category of human rights law. This distinction highlights the need to …

A Closer Look At Law: Human Rights As Multi-Level Sites Of Struggles Over Multi-Dimensional Equality, Susanne Baer

Articles

In many societies, deep conflicts arise around religious matters, and around equality. Often, religious collectives demand the right to self-determination of issues considered - by them - to be their own, and these demands collide with individual rights to, again, religious freedom. These are thus conflicts of religion v. religion. Then, collective religious freedom tends to become an obligation for all those who are defined as belonging to the collective, which carries the problem that mostly elites define its meaning and they silence dissent. Usually, such obligations are also unequal relating to gender, with different regimes for women and for …

Louis Henkin: Courage And Convictions, Lori Fisler Damrosch

Faculty Scholarship

Louis Henkin was a man of courage and of convictions. His students at Columbia, who engaged with him inside and outside the classroom during the course of five decades, had many opportunities to learn of his convictions, which were manifest in his teaching, writing and activism. But Henkin would not have spoken in the classroom of his own acts of courage, exemplified by (but not limited to) his combat service in the Second World War, nor would he have drawn attention to other personal virtues. This brief tribute (complementary to others being written by colleagues at Columbia for publication here …

A Lucky Child: A Memoir Of Surviving Auschwitz As A Young Boy, Lori Fisler Damrosch

Faculty Scholarship

Many readers of this Journal would readily identify the young boy in lederhosen, hands tightly clasped by his mother, who is in turn enfolded in the father's embrace – all three smiling on what is perhaps the child's third birthday – in the cover photograph of the American edition of the book under review. In this memoir he is Tommy, Tom, Tomek, or Tommyli; in later life he is known to us (and recognized worldwide) as Thomas Buergenthal, judge of the International Court of justice since 2000 and honorary president of the American Society of International Law from 2001 to …

The Child Exclusion In A Global Context, Martha F. Davis

Case Western Reserve Law Review

No abstract provided.

Human Rights Abuses In 1970s Argentina, Vanessa Gomez

Calvert Undergraduate Research Awards

In this paper I address various components to the human rights abuses in Argentina in the 1970s. The domestic political situation is analyzed with particular attention paid to the political culture and the history of the regime. Media outlets and interviews by victims are used to facilitate first-hand accounts of the regime. The international arena and the efforts of human rights groups are mentioned as a means to demonstrate the international implications of the regime. I wrote this paper to further my knowledge on human rights abuses and further the knowledge of all who read my attempt. This essay marks …

Liberty Lost: The Moral Case For Marijuana Law Reform, Eric Blumenson, Eva Nilsen

Indiana Law Journal

Marijuana policy analyses typically focus on the relative costs and benefits of present policy and its feasible alternatives. This Essay addresses a prior, threshold issue: whether marijuana criminal laws abridge fundamental individual rights, and if so, whether there are grounds that justify doing so. Over 700, 000 people are arrested annually for simple marijuana possession, a small but significant proportion of the 100 million Americans who have committed the same crime. In this Essay, we present a civil libertarian case for repealing marijuana possession laws. We put forward two arguments corresponding to the two distinct liberty concerns implicated by laws …