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Human Rights Law

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Articles 1921 - 1950 of 2003

Full-Text Articles in Comparative and Foreign Law

A Dynasty Weaned From Biotechnology: The Emerging Face Of China Jan 1998

A Dynasty Weaned From Biotechnology: The Emerging Face Of China

Syracuse Journal of International Law and Commerce

No abstract provided.


Marriage Contracts And The Family Economy, Katharine B. Silbaugh Jan 1998

Marriage Contracts And The Family Economy, Katharine B. Silbaugh

Faculty Scholarship

One simplified view of contract law is that the state enforces private bargains without looking into the substance of those bargains. From this contractual perspective marriage might look like a contract to exchange services and goods: love, money, the ability to have and raise children, housework, sex, emotional support, physical care in times of sickness, entertainment and so forth. But when the parties to a marriage put these terms in writing, courts only enforce the provisions governing money. This contract/family law rule of selective enforcement disproportionately benefits those who bring more money to a marriage, who are more likely to …


Effect Of The Convention On The Rights Of The Child Upon Street Children In Latin America: A Study Of Brazil, Colombia, And Guatemala, Marc D. Seitles Sep 1997

Effect Of The Convention On The Rights Of The Child Upon Street Children In Latin America: A Study Of Brazil, Colombia, And Guatemala, Marc D. Seitles

In the Public Interest

No abstract provided.


Aug. 15, 1997, Ciel And Foe, Proposal For An Independent Review Panel Faxed October 7, 1997, D. Hunter D. Clark To C. Lee, General Counsel, Ifc, Center For Internatinal Enviornmental Law, Friends Of Earth-U.S., David Hunter, Dana Clark Aug 1997

Aug. 15, 1997, Ciel And Foe, Proposal For An Independent Review Panel Faxed October 7, 1997, D. Hunter D. Clark To C. Lee, General Counsel, Ifc, Center For Internatinal Enviornmental Law, Friends Of Earth-U.S., David Hunter, Dana Clark

CAO Creation Pre-1999

Prompted by public concern about alleged non-compliance with policies of the Bank Group, and project-specific controversies (such as the Pangue Dam on Chile's BioBio river), the President and top management of the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA), the two private sector arms of the World Bank Group, have announced their intention to create a review mechanism patterned after the existing World Bank Inspection Panel (which only applies to the International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA)). Mr. Wolfensohn, in particular, has supported the extension of the Panel as …


Jan. 28, 1997, Outline For Response To Enron Et Al, Notification Of The Proposed Project, Center For International Environmental Law Jan 1997

Jan. 28, 1997, Outline For Response To Enron Et Al, Notification Of The Proposed Project, Center For International Environmental Law

CAO Creation Pre-1999

No abstract provided.


United States' Responsibility For Gross Levels Of Human Rights Violations In Guatemala From 1954 To 1996, Mark Gibney Jan 1997

United States' Responsibility For Gross Levels Of Human Rights Violations In Guatemala From 1954 To 1996, Mark Gibney

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Vengeance Is Whose?: The Death Penalty And Cultural Relativism In International Law, James H. Wyman Jan 1997

Vengeance Is Whose?: The Death Penalty And Cultural Relativism In International Law, James H. Wyman

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Politics, Economics And Human Rights In International Cooperation: A Public Discourse In Germany, 31 J. Marshall L. Rev. 171 (1997), Gabriel Von Malsen-Tilborch Jan 1997

Politics, Economics And Human Rights In International Cooperation: A Public Discourse In Germany, 31 J. Marshall L. Rev. 171 (1997), Gabriel Von Malsen-Tilborch

UIC Law Review

No abstract provided.


International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta Jan 1997

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …


Judicial Review As A Tool For The Safeguard Of Human Rights: Prospects And Problems Of The U.S. Model In Malawi, Janet Laura Banda Jan 1997

Judicial Review As A Tool For The Safeguard Of Human Rights: Prospects And Problems Of The U.S. Model In Malawi, Janet Laura Banda

LLM Theses and Essays

Judicial review is a judicial action that involves the review of an inferior legislative or executive act for conformity with a higher legal norm, with the possibility that the inferior norm may be invalidated or suspended if necessary. Although judicial review has been explicitly provided for in some written post-independence African constitutions, such review has not developed into a significant principle of African juridical democracy. This lack of development can be attributed to the emergence of dictatorships in the post-colonial era. However, Malawi’s weak judiciary system was remedied by the 1994 Constitution which gave the Malawian judiciary a central position, …


The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu Jan 1997

The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu

LLM Theses and Essays

The international legal regime as it pertains to human rights is neither as established nor as definitive as it appears. It suffers from many disadvantages, the first and most important of which is the fact that the international legal regime has never been capable of effectively enforcing its rules or instituting appropriate remedies for its breaches. Some states have attempted to make up for this inability on behalf of international law by undertaking an enforcement mechanism either unilaterally or multilaterally; economic sanctions are often regarded as valuable tools of enforcement to be used against countries which are allegedly engaged in …


Accountability For Past Abuses, Juan E. Mendez Jan 1997

Accountability For Past Abuses, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews Jan 1997

Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews

Articles & Chapters

This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …


Constitutional Law, Common Market Law, And The European Human Rights Convention, Elisabeth Zoller Jan 1997

Constitutional Law, Common Market Law, And The European Human Rights Convention, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.


The Tragedy Of Hong Kong, Richard Klein Jan 1997

The Tragedy Of Hong Kong, Richard Klein

Scholarly Works

While the world watched the fireworks and celebrations occurring in Hong Kong on July 1, 1997, a far sadder event was, in fact, unfolding. The people of Hong Kong, most of whom had originally fled from China -- the country which was now taking over -- have simply never experienced the basic human right of self-determination. Rule was shifting from a colonial power which had denied the people of Hong Kong their basic human rights for virtually all of its 155-year administration, to a country which, immediately upon assuming sovereignty, made it clear that democracy would remain but a dream.


Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore Dec 1996

Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore

Faculty Scholarship

No abstract provided.


The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian Dec 1996

The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian

Cardozo Law Review

One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade Organization; the growing influence of nongovernmental organizations; the emergence of a new global economy; and the formation of a worldwide consumer culture, to name just a few. The law, it is argued, must adapt.


Constitutionalism In The Global Era, Elisabeth Zoller Jan 1996

Constitutionalism In The Global Era, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.


Refugee Act Of 1980: An Empty Promise To Exploited Children, 29 J. Marshall L. Rev. 995 (1996), Jill C. Stroguiludis Jan 1996

Refugee Act Of 1980: An Empty Promise To Exploited Children, 29 J. Marshall L. Rev. 995 (1996), Jill C. Stroguiludis

UIC Law Review

No abstract provided.


East Asian Approaches To Human Rights, Christina M. Cerna Jan 1996

East Asian Approaches To Human Rights, Christina M. Cerna

Buffalo Journal of International Law

No abstract provided.


Human Rights In Asia: China And The Bangkok Declaration, Michael C. Davis Jan 1996

Human Rights In Asia: China And The Bangkok Declaration, Michael C. Davis

Buffalo Journal of International Law

No abstract provided.


Foreword: Symposium On East Asian Approaches To Human Rights, Joseph W. Dellapenna Jan 1996

Foreword: Symposium On East Asian Approaches To Human Rights, Joseph W. Dellapenna

Buffalo Journal of International Law

No abstract provided.


An East Asian Approach To Human Rights, Bilahari Kim Hee P.S. Kausikan Jan 1996

An East Asian Approach To Human Rights, Bilahari Kim Hee P.S. Kausikan

Buffalo Journal of International Law

No abstract provided.


Comparative Analysis Of International And Chinese Human Rights Law--Universality Versus Cultural Relativism, Melanne Andromecca Civic Jan 1996

Comparative Analysis Of International And Chinese Human Rights Law--Universality Versus Cultural Relativism, Melanne Andromecca Civic

Buffalo Journal of International Law

No abstract provided.


China's Denial Of Tibetan Women's Right To Reproductive Freedom, Eva Herzer, Sara B. Levin Jan 1996

China's Denial Of Tibetan Women's Right To Reproductive Freedom, Eva Herzer, Sara B. Levin

Michigan Journal of Gender & Law

This Article first provides a historical account of the social and political context of the PRC's family planning policies in Tibet. Part B describes the PRC's official family policies from 1982 to the present. Part C discusses the PRC's actual practices, including its population quota controls, focusing on the forced and coerced abortions and sterilizations performed on Tibetan women. Part D applies international human rights law and concludes that the PRC's family planning policy, as implemented, violates international human rights laws. The Article concludes by recommending points of action for the PRC and international community to address these human rights …


The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa, Makau Wa Mutua Jan 1996

The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa, Makau Wa Mutua

Michigan Journal of International Law

Review of Protecting Human Rights in Africa: Strategies and Roles of Non-Governmental Organizations by Claude E. Welch


Introduction, Belinda Cooper Jan 1996

Introduction, Belinda Cooper

Cardozo Journal of Equal Rights & Social Justice

The article explores the emergence and gradual integration of feminist jurisprudence in Germany, highlighting the challenges and opportunities faced by women in law as feminist ideas begin to influence legal academia and practice. It traces the development of feminist legal scholarship in Germany, starting from its early stages in the 1980s to the establishment of institutionalized feminist jurisprudence at Humboldt University. The article introduces a collection of writings that examine key legal issues affecting women in Germany, emphasizing the interplay between German and European Community law, as well as the cultural and historical contexts that shape legal discourse.


The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya Jan 1996

The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya

Publications

No abstract provided.


Civil Defamation Law And The Press In Russia: Private And Public Interests, The 1995 Civil Code, And The Constitution, Part Two, Peter Krug Jan 1996

Civil Defamation Law And The Press In Russia: Private And Public Interests, The 1995 Civil Code, And The Constitution, Part Two, Peter Krug

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Note: The Implications Of Human Rights Abuses Currently Occuring In The Baltic States Against The Ethnic Russian National Minority, Marc Holzapfel Jan 1996

Note: The Implications Of Human Rights Abuses Currently Occuring In The Baltic States Against The Ethnic Russian National Minority, Marc Holzapfel

Buffalo Journal of International Law

No abstract provided.