Law Commons^™

New Trends In African Human Rights Law: Prospects Of An African Court Of Human Rights, Yemi Akinseye-George

University of Miami International and Comparative Law Review

No abstract provided.

A Comment On The Complementary Jurisdiction Of The International Criminal Court: Adding Insult To Injury In Transitional Contexts?, Jennifer J. Llewellyn

Dalhousie Law Journal

The author examines the principle of complementarity on which the jurisdiction of the International Criminal Court (ICC) is based. Unlike its predecessors, the International Criminal Tribunals for the former Yugoslavia and Rwanda, the ICC can only take jurisdiction over a case when a state is unwilling or unable to investigate or prosecute. The Court is thus designed to complement the work of national criminal courts. This article assesses whether this admissibility standard will allow the ICC to complement the work of truth commissions like that of the South African Truth and Reconciliation Commission. It concludes that the prospect of an …

Book Review: Women Under The Law: The False Promise Of Human Rights, S. I. Strong

Faculty Publications

Though McColgan's book promises much, it fails to persuade the reader for several reasons. First, a number of the examples used to demonstrate the inferiority of entrenched rights actually suggest the opposite. The second reason why McColgan fails to persuade results from her forcing constitutional arguments where there are none. The third problem with this book is its failure to extrapolate its arguments about women to other disadvantaged groups.

Despite these shortcomings, there is much in McColgan's book to recommend it. Her prose is fluid, her presentation of US and Canadian law, particularly regarding abortion, is extensive, and her arguments …

Human Rights, The Un Global Compact, And Global Governance, William H. Meyer, Boyka Stefanova

Cornell International Law Journal

No abstract provided.

Britain And The European Convention, A. W. Brian Simpson

Cornell International Law Journal

No abstract provided.

Is The Alien Tort Statute Sacrosanct--Retaining Forum Non Conveniens In Human Rights Litigation, Aric K. Short

Faculty Scholarship

I argue in this article that no reasonable basis exists to justify federal courts refusing to consider forum non conveniens arguments in cases brought under the Alient Tort Statute; in fact, good reasons exist to retain the doctrine in its undiluted form. The purpose and design of forum non conveniens make it sufficiently flexible to be invoked in even the most compelling human rights cases brought in the United States. If applied properly, the doctrine will identify ATS cases that cannot and should not be dismissed to foreign fora; however, if forum non conveniens operates as it should, it also …

The United Nations And Civil Society, Jayantha Dhanapala

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

7 pages.

A Critique Of Proposals To Amend The Foreign Sovereign Immunities Act To Allow Suits Against Foreign Sovereigns For Human Rights Violations, Ismael Diaz

University of Miami Inter-American Law Review

No abstract provided.

Paraguay's Archive Of Terror: International Cooperation And Operation Condor, Katie Zoglin

University of Miami Inter-American Law Review

No abstract provided.

Human Rights In The European Union: Internal Versus External Objectives, Elizabeth Shaver Duquette

Cornell International Law Journal

No abstract provided.

The Un Global Compact: Responsibility For Human Rights, Labor Relations, And The Environment In Developing Nations, Betty King

Cornell International Law Journal

No abstract provided.

Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer

Law Faculty Articles and Essays

Human rights protection needs teeth. And those who work in the disparate field of human rights need to see the system more comprehensively and strategically. Far too often, political issues interfere with enforcement of human rights laws and allow violators to hide behind the unwillingness of national governments to take action to enforce existing laws against human rights violators. Lack of commitment to human rights enforcement or timely preventative or intervention actions have led to violators being left unpunished for torture, rape and genocide. This failure of governments means that there is a lack of deterent power sufficient to inhibit …

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

Scholarly Works

These remarks were presented on February 24, 2001, in a panel concluding a conference entitled "Holding Multinational Corporations Responsible Under International Law" at Hastings College of the Law, San Francisco, California.

Human Rights And Business Ethics: Fashioning A New Social Contract, Wesley Cragg

New England Journal of Public Policy

The author speaks about the social contract which is a general understanding of respective responsibilities in complex societies and traces its impact from the Declaration of Independence to more recent times.

What Is Needed To Protect International Human Rights In The 21st Century, Oscar Arias

ILSA Journal of International & Comparative Law

International human rights is a subject of special significance to me, as a citizen and former President of Costa Rica.

Transitional Justice In Afghanistan : Confronting Violations Of International Humanitarian And Human Rights Law, Peter G. Danchin

Faculty Scholarship

After more than two decades of war and foreign interventions, including the US-led military campaign following the 11 September 2001 terrorist attacks, Afghanistan has entered a period of transition and rebuilding. It thus joins a host of other countries—from South Africa to Sierra Leone to East Timor—which have sought in recent years to move from a repressive and violent past to a future based on democracy, the rule of law and respect for fundamental human rights. In this respect, Afghanistan presents one of the most confronting case studies for the field of ‘transitional justice’. This article considers the question of …

The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley

Richmond Journal of Global Law & Business

The place of labor standards in the global economy has figured prominently in recent discussions of trade and globalization. Labor standards figured prominently in the Seattle meeting of the World Trade Organization (WTO) in 1999, and they promise to figure prominently in discussions about a proposed Free Trade Area of Americas (FTAA). Labor standards represent a critical issue for both the American labor movement and the international trade union movement as they are central to making globalization work for working people.

Understanding The "Understanding": Federalism Constraints On Human Rights Implementation, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

The United Kingdom's Human Rights Act Of 1998: Willthe Parliament Relinquish Its Soverignty To Ensure Human Rights Protection In Domestic Courts?, Christina M. Kitterman

ILSA Journal of International & Comparative Law

The United Kingdom has come into the new millennium with an unprecedented written set of human rights for its citizens.

Human Rights And Development In The 21st Century: The Complex Path To Peace And Democracy: Themes From The 2000 Goodwin Seminar, Douglas Lee Donoho

ILSA Journal of International & Comparative Law

As the twenty-first century begins, the international human rights system faces a profound anomaly.

Freedom Of Expression In The Inter-American System For The Protection Of Human Rights, Claudio Grossman

ILSA Journal of International & Comparative Law

Freedom of expression is one of democracy's fundamental values. Its importance takes on special connotations in nations where the separation of powers is fragile

Introduction: Being Individuals: A Comparative Look At Relationships, Gender And The Public/Private Dichotomy, Aniella Gonzalez

University of Miami International and Comparative Law Review

No abstract provided.

The Wisdom And Enforceability Of Welfare Rights As Constitutional Rights , Herman Schwartz

Human Rights Brief

No abstract provided.

The Right Of Self-Determination: Is East Timor A Viable Model For Kashmir?, Amardeep Singh

Human Rights Brief

No abstract provided.

Human Rights In Transition: The Success And Failure Of Polish And Russian Criminal Justice Reform, Shannon C. Krasnokutski

Case Western Reserve Journal of International Law

No abstract provided.

The Right To Kill In Cold Blood: Does The Death Penalty Violate Human Rights, Alan Ryan

Cleveland State Law Review

The essence of the argument is this: all punishment must be inflicted in cold blood; whatever damage we do to others not in cold blood is not punishment but self-defense or revenge; what we have a right to inflict in cold blood is a question of the rules of just social cooperation and especially the justice of the sanctions required to sustain those rules; it is here argued that the fundamental principle is that we may inflict whatever punishment is necessary to deter wrongdoing and not disproportionate to the offence; I do not dismiss 'pure' retribution as a goal of …

Review Of Human Rights In Global Politics, Christine M. Chinkin

Reviews

The fiftieth anniversary of the Universal Declaration of Human Rights in 1998, coming in the decade after the resurgence of Western-style liberal democracies, has generated much writing and activity over the current status and future development of international human rights law, practice, and discourse. International lawyers tend to take for granted the canon of rights that, in the wake of the Universal Declaration, have been enshrined within the body of international instruments that have been adopted within regional and global arenas. In the 1990s, these lawyers largely turned their attention away from standard setting and to issues of effectiveness. Considerable …

Latinas, Culture And Human Rights: A Model For Making Change, Saving Soul, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay provides an overview of progresses achieved for women in the Americas by virtue of the use of the human rights model to further women's rights and attain betterment of their lives. Specifically, this work reviews the location of Latinas both within and outside the United States fronteras. As women of color within larger U.S. society and as women within their comunidad Latina, Latinas experience different multifaceted subordinations. A human rights model that recognizes the multidimensional nature of gendered racial discrimination and of racialized gender discrimination can serve to improve the lives of Latinas as well as non-Latina women …

Property, Wealth, Inequality And Human Rights: A Formula For Reform, Berta E. Hernández-Truyol, Shelbi D. Day

UF Law Faculty Publications

This essay scrutinizes the persistence of inequality in the United States through a human rights lens and grapples with the troubling disparities unearthed by two works: American Apartheid: Segregation and the Making of the Underclass and Black Wealth/White Wealth: A New Perspective on Racial Inequality. These two highly enlightening and, simultaneously, deeply troubling and depressing books elucidate the myriad locations at which inequalities persist and the historical, social, psychological, and legal foundations of, and explications for, such disparities in the African American community.

This work proposes a human rights paradigm that provides a methodology to analyze, deconstruct and unravel …

Gender Mainstreaming In Legal And Constitutional Affairs: A Reference Manual For Governments And Other Stakeholders, Christine Chinkin

Books

This is one of the sectoral guides that are part of the Gender Management System (GMS) resource kit, a series of publications presenting GMS. GMS is an innovative system developed by the Commonwealth Secretariat for gender mainstreaming. The system is a comprehensive network of structures, mechanisms and processes for bringing a gender perspective to bear on all government policies, plans, programmes and projects. The kit consists of a handbook which presents the GMS in detail; sectoral guides to gender mainstreaming in specific sectors; and resource documents to assist the user in gender analysis, monitoring, evaluation and other aspects of gender …