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Full-Text Articles in Law

A Grand Exercise In Forgiveness, Or Justice Held Hostage To Truth? South Africa’S Truth And Reconciliation Commission, Penelope Andrews Jan 2000

A Grand Exercise In Forgiveness, Or Justice Held Hostage To Truth? South Africa’S Truth And Reconciliation Commission, Penelope Andrews

Articles & Chapters

An evaluation of the success or otherwise of the TRC may seem premature, but there have been some interesting reflections thus far. One such work is David Dyzenhaus’ book, Judging the Judges, Judging Ourselves: Truth, Reconciliation and the Apartheid Legal Order. The book is a narrative and critique of the legal hearings which took place over three days at the TRC. This is a review of the Dyzenhaus book.


The Roots Of Cultural Backlash In Contemporary Processes Of Globalization, Gracia Clark Oct 1999

The Roots Of Cultural Backlash In Contemporary Processes Of Globalization, Gracia Clark

Indiana Journal of Global Legal Studies

No abstract provided.


Strengthening The State, Gregory H. Fox Oct 1999

Strengthening The State, Gregory H. Fox

Indiana Journal of Global Legal Studies

No abstract provided.


The Spectre Of Globalization, Tim Dunne Oct 1999

The Spectre Of Globalization, Tim Dunne

Indiana Journal of Global Legal Studies

No abstract provided.


States Of Emergency - Moderating Their Effects On Human Rights, Venkat Iyer Oct 1999

States Of Emergency - Moderating Their Effects On Human Rights, Venkat Iyer

Dalhousie Law Journal

There has been a runaway proliferation of emergency regimes worldwide in recent decades. This, coupled with the high incidence of human rights abuses which accompany them, has made states of emergency a matter of increasing concern among human rights policymakers and monitors. The author evaluates the various measures that have been taken by the international community to moderate the effects of emergencies, and outlines possible future strategies to increase the effectiveness of such measures.


Knowing The Universal Declaration Of Human Rights, Mary Ann Glendon Jun 1999

Knowing The Universal Declaration Of Human Rights, Mary Ann Glendon

Notre Dame Law Review

No abstract provided.


Constitutionalism Of Mary Ann Glendon, Donald P. Kommers, Jonathan J. Van Handel Jun 1999

Constitutionalism Of Mary Ann Glendon, Donald P. Kommers, Jonathan J. Van Handel

Notre Dame Law Review

No abstract provided.


U.S. Detention Of Women And Children Asylum Seekers: A Violation Of Human Rights, Wendy Young Apr 1999

U.S. Detention Of Women And Children Asylum Seekers: A Violation Of Human Rights, Wendy Young

University of Miami Inter-American Law Review

No abstract provided.


To The World Commission On Dams: Don't Forget The Law, And Don't Forget Human Rights-Lessons From The U.S.-Mexico Border, Raúl M. Sánchez Apr 1999

To The World Commission On Dams: Don't Forget The Law, And Don't Forget Human Rights-Lessons From The U.S.-Mexico Border, Raúl M. Sánchez

University of Miami Inter-American Law Review

No abstract provided.


The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short Apr 1999

The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short

Indiana Journal of Global Legal Studies

No abstract provided.


The Friendly Settlement Of Human Rights Abuses In The Americas, Patricia E. Standaert Apr 1999

The Friendly Settlement Of Human Rights Abuses In The Americas, Patricia E. Standaert

Duke Journal of Comparative & International Law

No abstract provided.


The Icrc: An Alibi For Swiss Neutrality?, Alexander R. Mclin Apr 1999

The Icrc: An Alibi For Swiss Neutrality?, Alexander R. Mclin

Duke Journal of Comparative & International Law

No abstract provided.


Transcript: Welcome Address, American University Law Review Feb 1999

Transcript: Welcome Address, American University Law Review

American University Law Review

No abstract provided.


Medical Ethics And Human Rights : Legacies Of Nuremberg, George J. Annas, Michael A. Grodin Jan 1999

Medical Ethics And Human Rights : Legacies Of Nuremberg, George J. Annas, Michael A. Grodin

Hofstra Law & Policy Symposium

No abstract provided.


The Importance Of The Universal Declaration Of Human Rights In The Past And Future Of The United Nation's Human Rights Efforts, Elsa Stamatopoulou Jan 1999

The Importance Of The Universal Declaration Of Human Rights In The Past And Future Of The United Nation's Human Rights Efforts, Elsa Stamatopoulou

ILSA Journal of International & Comparative Law

After fifty years since the adoption of the Universal Declaration of Human Rights [hereinafter UDHR] it is legitimate to ask whether the UDHR is at the root of all the positive international action in the last five decades.


The Legacy Of The Universal Declaration Of Human Rights, Anne F. Bayefsky Jan 1999

The Legacy Of The Universal Declaration Of Human Rights, Anne F. Bayefsky

ILSA Journal of International & Comparative Law

The Universal Declaration of Human Rights embodies three essential features: (1) it articulated shared, universal values; (2) it identified and strengthened the significance of the individual as a subject of international law, and (3) it declared and emphasized the responsibilities of states to- wards individuals.


Torture And Cruel, Inhumane And Degrading Treatment In The Jurisprudence Of The Inter-American Court Of Human Rights, Julie Lantrip Jan 1999

Torture And Cruel, Inhumane And Degrading Treatment In The Jurisprudence Of The Inter-American Court Of Human Rights, Julie Lantrip

ILSA Journal of International & Comparative Law

Prohibitions against torture and other forms of ill-treatment are well- recognized as basic human rights in international law.


Reparations In The Inter-American System For The Protection Of Human Rights, Victor M. Rodriquez Rescia Jan 1999

Reparations In The Inter-American System For The Protection Of Human Rights, Victor M. Rodriquez Rescia

ILSA Journal of International & Comparative Law

International tribunals in general have within their competence to end conflicts presented by individuals with legal capacity through the issuance of judgments and opinions.


The Neglected Pillar: The "Teaching Tolerance" Provision Of The International Convention On The Elimination Of All Forms Of Racial Discrimination, Stephanie Farrior Jan 1999

The Neglected Pillar: The "Teaching Tolerance" Provision Of The International Convention On The Elimination Of All Forms Of Racial Discrimination, Stephanie Farrior

ILSA Journal of International & Comparative Law

As we celebrate the fiftieth anniversary of the Universal Declaration of Human Rights' this year, I would like to take particular note of the first of the core human rights treaties developed since adoption of the Universal Declaration, the International Convention on the Elimination of All Forms of Racial Discrimination.


The Expert Testimony Before The Inter-American Court Of Human Rights, Ma. Auxiliadora Solano Monge Jan 1999

The Expert Testimony Before The Inter-American Court Of Human Rights, Ma. Auxiliadora Solano Monge

ILSA Journal of International & Comparative Law

The purpose of this essay is to provide a review of the doctrine and jurisprudence of the expert testimony as a probatory medium' used by the Inter-American Court of Human Rights (ICHR, Court, Tribunal) in the issues presented before it


The Discontinuance And Acceptance Of Claims In The Jurispurdence Of The Inter-American Court Of Human Rights, Manuel Ventura Robles Jan 1999

The Discontinuance And Acceptance Of Claims In The Jurispurdence Of The Inter-American Court Of Human Rights, Manuel Ventura Robles

ILSA Journal of International & Comparative Law

When analyzing the contentious jurisprudence of the Inter-American Court of Human Rights ("the Court" or "Inter-American Court"), it is necessary to emphasize the fact that, during its first seventeen years of work, the Court has ruled on the merits of nine cases presented for its consideration


Why Only War Crimes: De-Linking Human Rights Offenses From Armed Conflict, Steven R. Ratner Jan 1999

Why Only War Crimes: De-Linking Human Rights Offenses From Armed Conflict, Steven R. Ratner

Hofstra Law & Policy Symposium

No abstract provided.


From Seneca Falls To The Fiftieth Anniversary Of The Universal Declaration Of Human Rights-Gauging The Campaign For The Human Rights Of Women, Jessica Neuwirth Jan 1999

From Seneca Falls To The Fiftieth Anniversary Of The Universal Declaration Of Human Rights-Gauging The Campaign For The Human Rights Of Women, Jessica Neuwirth

ILSA Journal of International & Comparative Law

This year marks the 150th anniversary of the Declaration of Sentiments, a declaration of women's rights adopted in Seneca Falls at a meeting which inaugurated the women's suffrage movement in the United States.


Holding State Sovereigns Accountable For Human Rights Violations: Applying The Act Of State Doctrine Consistently With International Law, Rebecca A. Fleming Jan 1999

Holding State Sovereigns Accountable For Human Rights Violations: Applying The Act Of State Doctrine Consistently With International Law, Rebecca A. Fleming

Maryland Journal of International Law

No abstract provided.


A Call For The Codification Of The Unocal Doctrine, David I. Becker Jan 1999

A Call For The Codification Of The Unocal Doctrine, David I. Becker

Cornell International Law Journal

No abstract provided.


Rationing Justice—What Thomas More Would Say, Michael E. Tigar Jan 1999

Rationing Justice—What Thomas More Would Say, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Africa And Her Charter On Human And Peoples' Rights -Notyet "Ominira", Thomas Adeoye Olugbemiga Fawole Jan 1999

Africa And Her Charter On Human And Peoples' Rights -Notyet "Ominira", Thomas Adeoye Olugbemiga Fawole

LLM Theses and Essays

It is in the light of the foregoing that we intend in this thesis to examine the state of human rights in Africa. It would be the province of the thesis to find out how far the African Charter on Human and Peoples' Rights has enhanced the independence of the various African countries and improved on the quality of the rights enjoyed by the citizenry. While Chapter 2 deals with human rights in precolonial Africa, human rights in "modern day" Africa, i.e. from the colonial era, are dealt with in Chapter 5. Treating human rights under colonial rule and human …


The Relationship Between Human Rights And Refugee Law: What Refugee Law Judges Can Contribute, James C. Hathaway Jan 1999

The Relationship Between Human Rights And Refugee Law: What Refugee Law Judges Can Contribute, James C. Hathaway

Book Chapters

In a document released during the summer of 1998, the Austrian Presidency of the European Union formally questioned the continuing value of the United Nations Refugee Convention, and called for the adoption of a new "instrument of speedy assistance in the framework of the political possibilities."

The Austrian proposal would deny most refugees arriving in Europe the legal right to be protected. For the majority, protection would instead become a matter of political discretion. The proposal erroneously asserts that only a small minority of contemporary asylum seekers is entitled to Convention refugee status, in consequence of which a "new approach" …


Strengthening Human Rights Protection: Why The Holocaust Slave Labor Claims Should Be Litigated, Justin H. Roy Jan 1999

Strengthening Human Rights Protection: Why The Holocaust Slave Labor Claims Should Be Litigated, Justin H. Roy

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


‘Pinochet’ And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith Jan 1999

‘Pinochet’ And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

No abstract provided.