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Articles 1201 - 1230 of 1534

Full-Text Articles in Human Rights Law

Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker Oct 2009

Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker

San Diego International Law Journal

This Article will survey the key episodes of transitional justice in various countries since the 1970s, and then apply the lessons gleaned to the transition of Serbia during the first five years following the deposition of authoritarian ruler Slobodan Milosevic in October 200, and the subsequent establishment of democratic rule...This article will show that the empirical evidence demonstrates that the outcome of the transitional justice process a country undertakes, upon its political stability, needs to be taken into account when fashioning said process.


The Colombian Experience In The Area Of Protection Of The Freedom Of Religion, Sergio González Sandoval Sep 2009

The Colombian Experience In The Area Of Protection Of The Freedom Of Religion, Sergio González Sandoval

BYU Law Review

No abstract provided.


The Protection Of Religious Freedom By The National Constitution And By Human Rights Treaties In The Republic Of Argentina, Octavio Lo Prete Sep 2009

The Protection Of Religious Freedom By The National Constitution And By Human Rights Treaties In The Republic Of Argentina, Octavio Lo Prete

BYU Law Review

No abstract provided.


The Implementation Of Inter-American Norms On Freedom Of Religion In The National Legislation Of Oas Member States, Evaldo Xavier Gomes Sep 2009

The Implementation Of Inter-American Norms On Freedom Of Religion In The National Legislation Of Oas Member States, Evaldo Xavier Gomes

BYU Law Review

No abstract provided.


The Protection Of Religious Rights Under Australian Law , Denise Meyerson Sep 2009

The Protection Of Religious Rights Under Australian Law , Denise Meyerson

BYU Law Review

No abstract provided.


The Long Road To Religious Freedom In Peru , Guillermo García-Montúfar Sarmiento, Daniel Alegre Porras Sep 2009

The Long Road To Religious Freedom In Peru , Guillermo García-Montúfar Sarmiento, Daniel Alegre Porras

BYU Law Review

No abstract provided.


Svato-Mykhaylivska Parafiya V. Ukraine: A Thing Done By Halves? , Gennadiy Druzenko Sep 2009

Svato-Mykhaylivska Parafiya V. Ukraine: A Thing Done By Halves? , Gennadiy Druzenko

BYU Law Review

No abstract provided.


Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks Jul 2009

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Scholarly Works

The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …


Overcoming Soviet Legacy: Non-Enforcement Of The Judgments Of The European Court Of Human Rights By The Russian Judiciary, Yulia Dernovsky Jul 2009

Overcoming Soviet Legacy: Non-Enforcement Of The Judgments Of The European Court Of Human Rights By The Russian Judiciary, Yulia Dernovsky

Cardozo Journal of International and Comparative Law

The note examines the challenges Russia faces in its interactions with the European Court of Human Rights (ECtHR), highlighting the surge in complaints against Russia and the country's increasing resistance to the ECtHR's rulings. It explores the ECtHR's evolving role in interpreting the European Convention on Human Rights as a living instrument and the tensions arising from Russia's domestic legal framework and political hostility toward the Court. The analysis underscores the need for both internal reforms in Russia and external adjustments to the ECtHR's procedures to address the growing caseload and ensure compliance with human rights standards.


Veiling And Women's Intelligibility, John Borneman Jun 2009

Veiling And Women's Intelligibility, John Borneman

Cardozo Law Review

No abstract provided.


The European Convention On Human Rights And Church-State Relations: Pluralism Vs. Pluralism, Françoise Tulkens Jun 2009

The European Convention On Human Rights And Church-State Relations: Pluralism Vs. Pluralism, Françoise Tulkens

Cardozo Law Review

No abstract provided.


Why The French Laïcité Is Liberal, Patrick Weil Jun 2009

Why The French Laïcité Is Liberal, Patrick Weil

Cardozo Law Review

No abstract provided.


Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh Mar 2009

Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh

Cornell Law Faculty Working Papers

The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …


Rethinking The Relationship Between The Wto And International Human Rights, Gao Pengcheng Jan 2009

Rethinking The Relationship Between The Wto And International Human Rights, Gao Pengcheng

Richmond Journal of Global Law & Business

No abstract provided.


Commentary: International Prosecution Of Heads Of State For Genocide, War Crimes, And Crimes Against Humanity, 43 J. Marshall L. Rev. Xxv (2009), Hans Corell Jan 2009

Commentary: International Prosecution Of Heads Of State For Genocide, War Crimes, And Crimes Against Humanity, 43 J. Marshall L. Rev. Xxv (2009), Hans Corell

UIC Law Review

No abstract provided.


Disability Rights In Cambodia: Using The Convention On The Rights Of People With Disabilities To Expose Human Rights Violations, Ulrike Buschbacher Connelly Jan 2009

Disability Rights In Cambodia: Using The Convention On The Rights Of People With Disabilities To Expose Human Rights Violations, Ulrike Buschbacher Connelly

Washington International Law Journal

In Cambodia, the percentage of the population living with disabilities is one of the highest in the world. At least 650,000 Cambodians live with a disability, and the exact count may be as high as 1.4 million. The incidence of disability is also expected to increase in the future. Despite the fact that many Cambodians have at least one disability, the country does not have adequate legal provisions to protect the human rights of people with disabilities. There are no comprehensive laws that address disability issues. The few existing laws provide only implicit protections and some directly discriminate against people …


International Advocate For Peace Award Acceptance Speech, Amira Dotan Jan 2009

International Advocate For Peace Award Acceptance Speech, Amira Dotan

Cardozo Journal of Conflict Resolution

The Ninth International Peace Award Recipient


Extending The Shadow Of The Law: Using Hybrid Mechanisms To Establish Constitutional Norms In Socioeconomic Rights Cases, Brian E. Ray Jan 2009

Extending The Shadow Of The Law: Using Hybrid Mechanisms To Establish Constitutional Norms In Socioeconomic Rights Cases, Brian E. Ray

Law Faculty Articles and Essays

This Article challenges the general perception that ADR processes cannot develop public law norms. It follows a recent trend in ADR literature that seeks to define a public norm creation role for ADR in part by connecting these processes to other alternative legal and political problem-solving methods. This Article focuses on a recent South African Constitutional Court case, Occupiers of 51 Olivia Road v City of Johannesburg, in which the court interpreted the right to housing in the South African Constitution. The court held that municipalities must develop processes for negotiating - or, in the court's language "engaging" - with …


Making People Illegal: What Globalization Means For Migration And Law, Catherine Dauvergne Jan 2009

Making People Illegal: What Globalization Means For Migration And Law, Catherine Dauvergne

All Faculty Publications

This book examines the relationship between illegal migration and globalization. Under the pressures of globalizing forces, migration law is transformed into the last bastion of sovereignty. This explains the worldwide crackdown on extra-legal migration and informs the shape this crackdown is taking. It also means that migration law reflects key facets of globalization and addresses the central debates of globalization theory. This book looks at various migration law settings, asserting that differing but related globalization effects are discernible at each location. The ‘core samples’ interrogated in the book are drawn from refugee law, illegal labor migration, human trafficking, security issues …


Policentrism, Political Moblization, And The Promise Of Socioeconomic Rights, Brian E. Ray Jan 2009

Policentrism, Political Moblization, And The Promise Of Socioeconomic Rights, Brian E. Ray

Law Faculty Articles and Essays

There is an active and heated debate over whether socioeconomic rights should be included in modern constitutions because of their supposed "positive" character and the difficult separation-of-powers and institutional-competence concerns such rights raise. The controversy over the nature of socioeconomic rights and whether constitutions should include them is connected to the issue of how to enforce these rights when they are included. The South African Constitutional Court is the leading example of a court dealing with these enforcement issues, and its early decisions have been hailed by many, including Mark Tushnet and Cass Sunstein, as developing a uniquely effective approach …


Notice Otherwise Given: Will In Absentia Trials At The Special Tribunal For Lebanon Violate Human Rights?, Chris Jenks Jan 2009

Notice Otherwise Given: Will In Absentia Trials At The Special Tribunal For Lebanon Violate Human Rights?, Chris Jenks

Faculty Journal Articles and Book Chapters

On March 1, 2009, the Special Tribunal for Lebanon (STL) commenced operations in the Netherlands. The mandate of the STL is to try those allegedly responsible for the 2005 bombing in Beirut which killed former Lebanese Prime Minister Rafiq Hariri. A collaborative effort between Lebanon and the United Nations, the STL is to be of “international character based on the highest standards of justice.” However, the STL’s in absentia trial provisions are based on a far different, and lower, standard. This article posits that the STL’s in absentia trial provisions violate human rights norms, indeed the U.N. expressly rejected such …


Turkey: At The Crossroads Of Secular West And Traditional East, Padideh Ala'i Jan 2009

Turkey: At The Crossroads Of Secular West And Traditional East, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

On January 9, 2008 Washington College of Law at American University sponsored a conference entitled: Turkey: At the Crossroads of Secular West and Traditional East. This conference was percipitated by the recent election of the AKP party in Turkey and my trip to Turkey in summer 2007. In this short introduction to the American University International law Review symposium issue, I summarize the major issues raised in that one day conference specifically by Dean Haluk Kabaalioglu of Yeditepe University Facutly of Law, expert on EU law and Turkish-EU relations,and Professor Feroz Ahmad, the learned historian of modern Turkey. The aim …


Incorporating A 'Best Interests Of The Child' Approach Into Immigration Law And Procedure, Bridgette A. Carr Jan 2009

Incorporating A 'Best Interests Of The Child' Approach Into Immigration Law And Procedure, Bridgette A. Carr

Articles

United States immigration law and procedure frequently ignore the plight of children directly affected by immigration proceedings. This ignorance means decision-makers often lack the discretion to protect a child from persecution by halting the deportation of a parent, while parents must choose between abandoning their children in a foreign land and risking the torture of their children. United States immigration law systematically fails to consider the best interests of children directly affected by immigration proceedings. This failure has resulted in a split among the federal circuit courts of appeals regarding whether the persecution a child faces may be used to …


The Emperor Is Still Naked: Why The Protocol On The Rights Of Women In Africa Leaves Women Exposed To More Discrimination, Kristin Davis Jan 2009

The Emperor Is Still Naked: Why The Protocol On The Rights Of Women In Africa Leaves Women Exposed To More Discrimination, Kristin Davis

Vanderbilt Journal of Transnational Law

The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa entered into force in 2005. Met with much celebration for the protection it would provide African women, the Protocol was heralded as one of the most forward-looking human rights instruments. Now, fifteen years after it was conceived, the Protocol deserves a full assessment of the issues that it has faced in accession and will face in implementation. This Note analyzes the way in which the Protocol was developed and the effect the Protocol's language will have on its ability to achieve its …


Ianfu: No Comfort Yet For Korean Comfort Women And The Impact Of House Resolution 121, James Ladino Jan 2009

Ianfu: No Comfort Yet For Korean Comfort Women And The Impact Of House Resolution 121, James Ladino

Cardozo Journal of Equal Rights & Social Justice

The note examines the historical injustice and ongoing legal challenges surrounding the issue of "comfort women" during World War II, highlighting the barriers to justice and the ethical and diplomatic complexities that have prevented resolution. It critiques the legal frameworks and international efforts that have failed to address the survivors' demands for acknowledgment and reparations, emphasizing the tension between morality and geopolitical interests.


Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable Dec 2008

Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable

University of the District of Columbia Law Review

Japan is undoubtedly one of the foremost economic powers in the world and is internationally recognized as a democratic leader among modern nations. The economy's rapid growth in the mid-twentieth century has been attributed to its booming technical industries, including its electronic and automobile industries. However, Japan is unique in that it has retained traditions associated with typically less advanced nations-namely, a regressive human rights agenda. Although cultural, ethnic, and social minorities continue to exist on Japanese soil today, Japan's social policy of Nihonjinron allows the majority of the population to disregard such minorities and perpetuate the government's vision of …


A Comparison Of Child Advocacy Laws In Abuse And Neglect Cases In England And The United States, Pamela Newell Williams Oct 2008

A Comparison Of Child Advocacy Laws In Abuse And Neglect Cases In England And The United States, Pamela Newell Williams

North Carolina Central Law Review

No abstract provided.


Social Reality And Philosophical Ideals In Transitional Justice, Jamie Rowen Oct 2008

Social Reality And Philosophical Ideals In Transitional Justice, Jamie Rowen

Cardozo Public Law, Policy & Ethics Journal

The article argues that transitional justice mechanisms in post-conflict societies, such as Bosnia, often fail to establish legitimate authority because they neglect the crucial role of community building. It emphasizes that community is a prerequisite for legal authority and highlights the dialectical relationship between law and community, where each can shape the other. The case of Bosnia illustrates how the International Criminal Tribunal for the former Yugoslavia (ICTY) and the War Crimes Chamber (WCC) in Sarajevo have struggled to gain legitimacy due to their focus on procedural values over community engagement. The article advocates for a reoriented approach to transitional …


Freedom Of Religion, Religious Political Participation, And Separation Of Religion And State: Legal Considerations From Japan, Keiko Yamagishi Sep 2008

Freedom Of Religion, Religious Political Participation, And Separation Of Religion And State: Legal Considerations From Japan, Keiko Yamagishi

BYU Law Review

No abstract provided.


On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle Jun 2008

On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle

Penn State International Law Review (1982 - 2011)

No abstract provided.