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Human rights

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Articles 181 - 210 of 237

Full-Text Articles in Comparative and Foreign Law

Economic Sanctions, Justin D. Stalls Oct 2003

Economic Sanctions, Justin D. Stalls

University of Miami International and Comparative Law Review

No abstract provided.


The Dark Ages Of Islam: Ijtihad, Apostasy, And Human Rights In Contemporary Islamic Jurisprudence, David A. Jordan Apr 2003

The Dark Ages Of Islam: Ijtihad, Apostasy, And Human Rights In Contemporary Islamic Jurisprudence, David A. Jordan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


King Arthur In A Yankee Court: The United States Supreme Court's Use Of European Law In Lawrence V. Texas, J. Andrew Atkinson Jan 2003

King Arthur In A Yankee Court: The United States Supreme Court's Use Of European Law In Lawrence V. Texas, J. Andrew Atkinson

ILSA Journal of International & Comparative Law

In July 2003, the United States Supreme Court ruled in a six to three decision' that a state statute proscribing "deviate sexual intercourse with another individual of the same sex ' 2 violated the United States Constitution.


Ballot Boxes Behind Bars: Toward The Repeal Of Prisoner Disenfranchisement Laws, Debra Parkes Jan 2003

Ballot Boxes Behind Bars: Toward The Repeal Of Prisoner Disenfranchisement Laws, Debra Parkes

All Faculty Publications

This paper takes seriously the objection that allowing prisoners to vote may have an impact on the outcome of elections or on the development of law and policy, given the extraordinarily high incarceration rate currently a reality in the United States. The reality that prisoners may have an impact on the outcome of elections is an argument in favour of allowing them to vote rather than against it. A progressive critique or constitutional challenge of prisoner disenfranchisement should call attention to the instrumental, as well as symbolic and constitutive functions of voting, and must defend the importance of having the …


International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston P. Nagan Apr 2002

International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston P. Nagan

UF Law Faculty Publications

This Article examines the question of access to patented medicines in international law. It analyzes the extent to which international agreements may lawfully limit affordable versions of these medicines that may be available through parallel imports or compulsory licensing procedures. It considers the concept of intellectual property rights from a national and international perspective to determine how these rights must be sensitive to matters of national sovereignty when extraordinary, life-threatening diseases afflict societies in catastrophic ways. This Article suggests that viewing property (including intellectual property) as a human right requires that its scope be delimited and understood in the context …


2002, Rhetoric And Reality: Human Rights And The World Bank, Korinna Horta Apr 2002

2002, Rhetoric And Reality: Human Rights And The World Bank, Korinna Horta

CAO General 1999-Present

This statement by the World Bank in the context of its support for the largest private sector investment project in sub-Saharan Africa illustrates the problem in a nutshell. Can the world’s most powerful development agency achieve its goal of reducing poverty where political rights are repressed, where freedom of expression and discussion are absent and opposition forces are persecuted? This Article reflects a perspective drawn from the experience of Northern environmental organizations, such as Environmental Defense, which work closely with community groups, church groups, and development and human rights organizations as well as trade unions in many devel¬ oping countries. …


The Death Penalty In The United States: Following The European Lead, Nora V. Demleitner Jan 2002

The Death Penalty In The United States: Following The European Lead, Nora V. Demleitner

Scholarly Articles

None available.


New Trends In African Human Rights Law: Prospects Of An African Court Of Human Rights, Yemi Akinseye-George Oct 2001

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.


Paraguay's Archive Of Terror: International Cooperation And Operation Condor, Katie Zoglin Apr 2001

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

University of Miami Inter-American Law Review

No abstract provided.


What Is Needed To Protect International Human Rights In The 21st Century, Oscar Arias Jan 2001

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.


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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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.


A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann Jan 2001

A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann

Articles & Chapters

As constitutional protection of human rights expands around the world, the question of whether constitutional rights should protect people not only against state action but also against the conduct of private actors is once again timely. Few nations have so broadly, or so ambiguously, endorsed the application of constitutional guarantees to constrain private conduct (known outside the United States as "horizontality") as South Africa. The constitution approved in 1996 applies fully and without qualification to all "organs of state," and this term is defined in section 239 in potentially very broad terms, notably embracing "any other functionary or institution ... …


The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley Jan 2001

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.


Evolving Human Rights Norms Around Sexuality, Kristen L. Walker Jan 2000

Evolving Human Rights Norms Around Sexuality, Kristen L. Walker

ILSA Journal of International & Comparative Law

International human rights law has only very recently begun to address issues of sexual identity.


Human Rights Environment And Development In South Asia, Ali M. Qazilbash Jan 2000

Human Rights Environment And Development In South Asia, Ali M. Qazilbash

ILSA Journal of International & Comparative Law

The fundamental importance of the issue of Human Rights and the environment to any society is deeply appreciated today.


Self-Determination For Indigenous Peoples After Kosovo: Translating Self-Determination "Into Practice" And "Into Peace", Lorie M. Graham Jan 2000

Self-Determination For Indigenous Peoples After Kosovo: Translating Self-Determination "Into Practice" And "Into Peace", Lorie M. Graham

ILSA Journal of International & Comparative Law

Numerous scholars have traced the early origins of self-determination from the Marxist precepts of class liberation to the Wilsonian ideals of democracy and freedom.


The Imprint Of Kosovo On The Law Of Humanitarian Intervention, Julie Mertus Jan 2000

The Imprint Of Kosovo On The Law Of Humanitarian Intervention, Julie Mertus

ILSA Journal of International & Comparative Law

For nearly ten years, human rights advocates have tried to focus public attention on Kosovo.


Human Rights, Environment And Development In South Asia: The Importance Of International Human Rights Law, Clarence J. Dias Jan 2000

Human Rights, Environment And Development In South Asia: The Importance Of International Human Rights Law, Clarence J. Dias

ILSA Journal of International & Comparative Law

At first blush, development would appear to be the prime vehicle for promoting realization of human rights such as the right to an adequate standard of living; rights of education, food, and housing; the right to work; and the right to social security.


Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter Jan 2000

Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter

Articles by Maurer Faculty

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


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.