Law Commons^™

Interdependence And Permeability Of Human Rights Norms: Towards A Partial Fusion Of The International Covenants On Human Rights, Craig Scott

Osgoode Hall Law Journal

Using the doctrine of interdependence of human rights as a starting point, the author considers the extent to which international human rights norms located in the International Covenant on Economic, Social and Cultural Rights (ICESCR) "permeate" the parallel International Covenant on Civil and Political Rights (ICCPR), thereby permitting certain social and economic rights to be subjected to the individual petition procedure under the ICCPR's Optional Protocol. After elucidating the notion of interdependence, the author evaluates the salience of the concept in international human rights discourse, and weighs this against arguments for the continued normative separation of the Covenants based on …

Chinese Attitude Toward International Law Of Human Rights In The Post-Mao Era, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

One Step Forward, One Step Back, Human Rights In The People's Republic Of China In 1987/88, John F. Copper, Ta-Ling Lee

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Dust Of Life: The Legal And Political Ramifications Of The Continuing Vietnamese Amerasian Problem, Ernest C. Robear

Penn State International Law Review (1982 - 2011)

Vietnamese disparagingly refer to them as bui doi. Americans refer to them as persons "of particular humanitarian concern to the United States." In both cases the reference is to Amerasians, the children and young adults of mixed American/Asian parentage. For the purpose of this Comment, an Amerasian may be defined as one whose mother is Asian and whose father is American. Since the last United States forces pulled out of Vietnam on April 30, 1975, these Amerasians have been caught up in a bureaucratic tug-of-war between Washington and Hanoi. Despite positive legislation, the problems faced by Vietnamese Amerasians still …

Recent Developments: The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Saving Grace Or Saving Face: The Roman Catholic Church And Human Rights, John A. Onorato

Penn State International Law Review (1982 - 2011)

The first part of this Comment examines the structure and organization of the Roman Catholic Church, the means of papal diplomacy, and the Vatican's participation in international organizations. Special attention is focused on the Code of Canon Law, the Lateran Agreements, and other important documents. The second part of this Comment examines the role the Church plays as a protector of human rights. This focuses on the Church's actions and recent history in two nations, Chile and Poland, and examines the effects of papal visits to these countries and the publication of papal encyclicals dealing with human rights.

Arrest First, Ask Questions Later: The Japanese Police Detention System, Christopher James Neumann

Penn State International Law Review (1982 - 2011)

The Japanese police detention system enables police and prosecutors to detain criminal suspects for up to twenty-three days without a formal charge, thus posing numerous human rights problems. This comment concentrates on the Covenant on Civil and Political Rights which provides a means for identifying the human rights abuses occurring under the Japanese police detention system, as well as a method for rectifying such abuses.

Divorce And Remarriage As Human Rights: The Irish Constitution And The European Convention On Human Rights At Odds In Johnston V. Ireland, Kathleen M. Dillon

Cornell International Law Journal

No abstract provided.

Rebus Redux: The Potential Utility Of Fundamental Change Of Circumstances Doctrine To Enforce Human Rights Norms, Robert J. Munnelly Jr.

Cornell International Law Journal

No abstract provided.

Politics Across Borders: Nonintervention And Nonforcible Influence Over Domestic Affairs, Lori Fisler Damrosch

Faculty Scholarship

It is time for a fresh look at the norm of nonintervention in domestic affairs, as applied to nonforcible efforts to influence another state's internal politics. The existence of such a norm is widely proclaimed, and it is commonly assumed to be a legal obligation rather than a mere practice of comity or aspirational objective. For governments, scholars and international organs alike, the "rule" against interference in internal politics seems to be an article of faith; but despite the frequency of its incantation in international discourse, how the norm applies to nonforcible conduct is inadequately understood.

This article considers the …

Corruption, Legal Education And Change In West Africa: A Broader View Of Human Rights, Suzanne B. Goldberg

Faculty Scholarship

"Will we ever move again?" I wondered as I sat with my knees jammed into my chin, sore from the long and bumpy ride on the wooden plank which lined the back of a "bush taxi" – the only public transport between villages in Northern Mali. The "taxi" was actually a rusty and roadworn pickup truck packed with more than two dozen men, women and children, more than I ever imagined could fit in the small, flat space between the cab and the tailgate. "Why are we stopping now?" I smiled at myself as I felt a sense of exasperation …

From Red Lion Square To Skokie To The Fatal Shore: Racial Defamation And Freedom Of Speech, David Partlett

Vanderbilt Journal of Transnational Law

This Article addresses, against the backdrop of possible legislative reforms in Australia, the tension between the desire to eliminate racial defamation and the need to protect freedom of speech. In an historical overview, Mr. Partlett notes an increasing sensitivity to racial issues in Australia in the face of an assumed but nebulously stated value of free speech. Mr. Partlett analyzes theoretical and legal approaches to free speech from Commonwealth and United States perspectives, and analysis of recent legal and social developments in civil rights in the United States makes this Article relevant for both Commonwealth and United States reformers in …

Protection Of Persons (Natural And Juridical), Lung-Chu Chen

Articles & Chapters

No abstract provided.

Human Rights, Women, And Third World Development, Winston E. Langley

William Monroe Trotter Institute Publications

As part of the effort to inaugurate a new international socio-political order after World War II, international emphasis was given to certain moral and legal entitlements we have come to call human rights. That emphasis initially found its most forceful expression in the Charter of the United Nations, which not only asserts its members' faith in fundamental human rights, in the dignity and worth of the human person, as well as in the equal rights of men and women of all nations, but also recites its members' commitment to employ international machinery for the promotion of the social and economic …

International Humanitarian Assistance The Right To Life In International Law The Right To Food, L C. Green

Dalhousie Law Journal

When the international community first became interested in the problem of human rights during the second world war and then enunciated those rights in a series of international instruments, there was a tendency among writers to deal with the issue as a comprehensive whole. Now, however, it has become increasingly popular for authors to deal with a specific right to the exclusion of all others.

People's Republic Of China: The Human Rights Exception, Roberta Cohen

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Principle Of Religious Liberty And The Practice Of States: Seek And Ye Shall Find A Violation Of Human Rights Obligations, Scott A. Burr

Penn State International Law Review (1982 - 2011)

Is religious freedom a fundamental human right? This comment examines the theological and legal basis for this theory, and through a study and comparison of the laws of four nations, the United States, the United Kingdom, the Republic of India, and the Union of Soviet Socialist Republics, determines the current status of this right. The author submits proposals for bridging the gaps between states' lip service to international law and actual compliance.

Indefinite Detention Of Cuban Aliens: Is The End In Sight?, Francis G. Troyan

Penn State International Law Review (1982 - 2011)

In spite of the fact that international law dictates that a sovereign should be able to protect its borders, international law also dictates that every human being has the right to be free from unnecessary detention. For nearly eight years the United States has indefinitely detained Cuban aliens who arrived in the Mariel boatlift of 1980. This comment examines this policy and offers alternatives to improve the plight of the Cubans without sacrificing the safety of Americans in general.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

THE JURIDICAL BAY

By Gayl S. Westerman

New York: Oxford University Press, 1987. Pp. xii, 290. $39.95

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HELSINKI, HUMAN RIGHTS AND EUROPEAN SECURITY: ANALYSIS AND DOCUMENTATION

By Vojtech Mastney

Durham, North Carolina: Duke University Press, 1986. Pp. xxxv, 389. $49.50 hard cover, $18.95 soft cover

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NEITHER CONFIRM NOR DENY

By Stuart McMillan

Westport, Connecticut: Greenwood Press, 1987. Pp. viii, 177

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INTERNATIONAL LAW OF TAKEOVERS AND MERGERS: THE EEC, NORTHERN EUROPE, AND SCANDINAVIA

By H. Leigh Ffrench

Westport, Connecticut: Greenwood Press, 1986. Pp. viii, 390

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INTERNATIONAL LAW: PROCESS AND PROSPECT

By Anthony D'Amato

Dobbs Ferry, New York: …

Nicaragua: United States Assistance To The Nicaraguan Human Rights Association And The Nicaraguan Resistance, Suzanne B. Goldberg, Lee Crawford, Kevin Reed, John Tennant

Faculty Scholarship

The question of providing aid to the Nicaraguan Resistance has been significant to United States human rights policy throughout the Reagan Administration. Although events have changed repeatedly during the winter of 1988, including a truce between the Nicaraguan Government and the Resistance and a Congressional decision not to provide military aid to the Resistance, the underlying policy issues remain constant. The Harvard Human Rights Yearbook presents two notes, infra, discussing the Military Construction Appropriations Act of 1987, which granted $100 million in aid to the Nicaraguan Resistance. The first note discusses the Nicaraguan Human Rights Association (Asociacidn Nicaraguense Pro-Derechos Humanos …

The Baha’Is Of Iran: A Proposal For Enforcement Of International Human Rights Standards, Paul D. Allen

Cornell International Law Journal

No abstract provided.

The Trial Of The Argentine Junta: Responsibilities And Realities, Paula K. Speck

University of Miami Inter-American Law Review

No abstract provided.

Reform In Reverse: Human Rights In The People's Republic Of China, 1986/1987, Ta-Ling Lee, John F. Copper

Maryland Series in Contemporary Asian Studies

No abstract provided.

Israeli Human Rights Violations And Palestinian Violence, Shaw J. Dallal

Syracuse Journal of International Law and Commerce

This article will attempt to show that scrupulous adherence by both Israel and the United States to principles of international and U.S. law could be a major step in the resolution of the Palestinian- Israeli conflict. It will also attempt to show that the implementation of internationally recognized principles of human rights could reduce terrorism and violence in the region.

Multi-Dimensional Concept Of Human Rights In International Law, Sompong Sucharitkul

Notre Dame Law Review

No abstract provided.

Human Rights In East Asia, Edited By James C. Hsiung, Jean-Pierre Lasalle

Maryland Journal of International Law

No abstract provided.

Jus Cogens: Root And Branch (An Inventory), George D. Haimbaugh Jr.

Touro Law Review

No abstract provided.

Panel Discussion, Professor Jonathan Charney, Professor Thomas Franck, Professor Jordan Paust, Professor John Murphy, Geoffrey Levitt, Professor Kenneth Abbott, Professor Robert Friedlander, Professor Alberto Coll, Professor Jerome Reichman

Vanderbilt Journal of Transnational Law

Kelsen, in his writings, took the position that in law, particularly international law, there are superior and inferior limits to the law; that is, when a norm is articulated and the society behaves in conformance with the norm, and it would do so even in the absence of the norm, the norm is not serving a legal function; it is not serving a normative function of encouraging behavior because the behavior would be in conformance with that norm in any event. There's also the inferior limit to the law; that is, a situation where a rule is articulated but the …

Trying To Live Forever, George J. Annas

Faculty Scholarship

Since the case of Karen Ann Quinlan, legal actions regarding the dying have become commonplace. Unfortunately, so has legal misinformation, misapplication, fantasy, and inhumanity. We seem to have frightfully underestimated the ability of lawyers to focus on trivia and self protection, and to ignore the basic human rights of dying persons. As the authors of the Hasting Center's Guidelines declare in the introduction:

Hospital legal counsel, lawyers serving other health care institutions, and legal advisors to individual health care professionals have a critical role to play in seeing that medicine is not driven by law, and health care professionals are …

Coming To Terms With Terrorism- Relativity Of Wrongfulness And The Need For A New Framework, Daniel H. Derby

Touro Law Review

No abstract provided.