Human Rights Law Commons^™

Islam And The State, Ann Elizabeth Mayer

Cardozo Law Review

No abstract provided.

International Human Rights Law In Soviet And American Courts, Lori Fisler Damrosch

Faculty Scholarship

To what extent should domestic courts apply international law – specifically the international law of human rights? I would like to examine this question with reference to two very different states: the Union of Soviet Socialist Republics and the United States. For quite distinct reasons, neither of the two has yet fully embraced the idea of direct application in national tribunals of the body of international law that regulates the relationship between human beings and their own governments. As the post-Cold War era unfolds, it is time to ask whether either or both of these erstwhile adversaries might finally be …

The Comprehensive Plan Of Action For Indo-Chinese Refugees: An Experiment In Refugee Protection And Control, Arthur C. Helton

NYLS Journal of Human Rights

No abstract provided.

Disappearances And The Inter-American Court: Reflections On A Litigation Experience, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The United Nations Convention On The Rights Of The Child: A Policy-Oriented Overview, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Conscientious Objection In South Africa: Governmental Paranoia And The Law Of Conscription, Lynn Berat

Vanderbilt Journal of Transnational Law

By the end of 1975, Mozambique and Angola' had gained independence; in 1980, Rhodesia became black majority ruled Zimbabwe.' Although it is currently occupied illegally by South Africa in contravention of both a United Nations Security Council Resolution and an advisory opinion of the International Court of Justice,' even Namibia (also known as South West Africa) will soon become an independent state.' No longer surrounded by a buffer zone of white minority ruled states separating it from black ruled Africa, South Africa stands alone, the last outpost of white supremacy on the continent.

Amidst all of these developments, the South …

The Alien Tort Statute: International Human Rights Watchdog Or Simply Historical Trivia, 21 J. Marshall L. Rev. 341 (1988), Debra A. Harvey

UIC Law Review

No abstract provided.

Helping Those Who Help The Sojourner Among Us: Viable Defenses For Members Of The Sanctuary Movement, 21 J. Marshall L. Rev. 135 (1987), Barbara A. Sherry

UIC Law Review

No abstract provided.

New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar

Faculty Scholarship

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 …

Salvadorans In The United States - Caught In A Web Of Unresolved Tension, Kathleen M. Smith

Antioch Law Journal

Since civil war broke out in 1979, the plight of the Salvadoran people has been well documented.' The United States Department of State which tends to be restrained in its reporting states that,[h]uman rights conditions in El Salvador are strongly affected by the ongoing civil strife. The achievement of a stable public order sufficient to protect individual rights has been disrupted by guerilla military operations, partisan hatreds, acts of revenge, fear and a prevailing uncertainty characterized by violence. This situation contributes to and is complicated by, the ineffective operation of the judicial system, caused in part by corruption and intimidation.2 …

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Political Refugees, Nonrefoulement And State Practice: A Comparative Study, Robert C. Sexton

Vanderbilt Journal of Transnational Law

This Article will survey and assess the attempts of five of the major refugee receiving countries of the West, the United States, Canada, Great Britain, France, and Italy, to comply with the mandates of the Convention and Protocol. Specifically, inquiry will focus on the two issues most applicable to the admission and exclusion of political refugees: (1) domestic interpretation of the Convention definition of "refugee;" and (2) adherence to the principle of nonrefoulement, which is the Convention's proscription on returning persons falling within its refugee definition to countries of alleged persecution.

Section II explores the precise substantive provisions of the …

Human Rights In The Middle East, Linda A. Malone

Faculty Publications

No abstract provided.

Arab-Israeli Conflict, Linda A. Malone

Faculty Publications

No abstract provided.

Mass Asylum And Human Rights In American Foreign Policy, John Scanlan, G. D. Loescher

Articles by Maurer Faculty

No abstract provided.

The Approach Of The Helsinki Declaration To Human Rights, Antonio Cassese

Vanderbilt Journal of Transnational Law

The purpose of this paper is to outline briefly the basic attitude toward human rights evidenced in the Helsinki Declaration. By way of introduction, I shall describe summarily how perceptions of human rights have evolved in the United Nations since the adoption of the Charter in 1945. It is in this context that the novelty of the Helsinki exercise can be viewed and assessed.

There are many ways of analyzing and appraising United Nations action in the field of human rights over the years. This complex phenomenon can be divided into various stages, according to prevailing political philosophy. Three phases …

Charter 77 In Czechoslovakia And The International Protection Of Human Rights, Roger Errera

Vanderbilt Journal of Transnational Law

Charter 77 was published in Prague in early January, 1977. At that time the document contained 240 signatures, a number which increased by 1977 to over 600. This Charter marked the beginning of a new period in the political history of Czechoslovakia, a period of public affirmation of fundamental liberties. It is useful to recall briefly reactions to the publication of this document in the East and the West, and to analyze its profound significance. It is also important to examine the major events that have taken place since 1977 and the inspiration which Charter 77 derived from the United …

The Place Of Helsinki On The Long Road To Human Rights, Vojin Dimitrijevic

Vanderbilt Journal of Transnational Law

The ten principles enumerated in the Helsinki Final Act mark the beginning of a process that could improve relations among the signatory States. Such rapprochement would create a more favorable climate for fuller realization of human rights or values by every person living in their territories. In the other direction, Principles VI and VIII try to define the societal preconditions for amelioration of interstate relations. The term "progress" implies gradual development to be assessed at certain intervals. The assessment can hardly be unanimous; thus, the fact that government representatives in Belgrade parted without substantive agreement was not in itself a …

Table Of Contents: The Use Of Force, Human Rights, And General International Legal Issues

International Law Studies

No abstract provided.

Acknowledgments And Introduction: Use Of Force, Human Rights, And General International Legal Issues

International Law Studies

No abstract provided.

International Law And Basic Human Rights, Rita E. Hauser

International Law Studies

No abstract provided.

International Law And Basic Human Rights, Louis B. Sohn

International Law Studies

No abstract provided.

Introduction, William W. Bishop, Jr.

Vanderbilt Journal of Transnational Law

This issue of the Vanderbilt Journal of Transnational Law is a symposium devoted to human rights aspects of the Helsinki Final Act. The Conference on Security and Cooperation in Europe was convened in Helsinki July 3, 1973. After sessions there and in Geneva, all European states, both Western and Eastern (except Albania), took part, as did also the United States and Canada. On August 1, 1975, the Final Act of the Conference was signed at Helsinki by thirty-five nations. Its provisions had been laboriously arrived at by consensus rather than by voting. Early pressures for such a conference had come …

Freedom Of Transnational Movement: The Helsinki Accord And Beyond, Daniel C. Turack

Vanderbilt Journal of Transnational Law

Initial formal evaluation of the implementation of the Final Act of the Conference on Security and Cooperation in Europe signed at Helsinki on August 1, 1975, [hereinafter Helsinki Accord] took place at a 35-nation conference in Belgrade during the period from October 4, 1977, to March 9, 1978. The Helsinki Accord, though not a treaty, sets forth various principles of governmental conduct concerning freedom of transnational movement. The Accord morally commits participating states to implement certain measures either domestically or with other states, to respect, promote, and encourage human rights and fundamental freedoms.

The Helsinki Accord is divided into three …

Human Rights And World Public Order: Human Rights In Comprehensive Context, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Human Rights And World Public Order: A Framework For Policy-Oriented Inquiry, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

The Law Of Humanitarian Intervention: U.S. Policy In Cuba (1898) And In The Dominican Republic (1965), David S. Bogen

Faculty Scholarship

No abstract provided.

Garcia-Mora: International Law And Asylum As A Human Right, Alona E. Evans

Michigan Law Review

A Review of International Law and Asylum as a Human Right. By Manuel R. Garcia-Mora.

The Genocide Convention And The Constitution, Myres S. Mcdougal, Richard Arens

Vanderbilt Law Review

What is traditional for common crimes can scarcely be oppressive innovation for mass-murder. Even freedom of communication is not, furthermore, an absolute in democratic preference: security and human decency must likewise have their place.

It is no little irony that argument must be made in support of a convention to suppress genocide. "The spectacle," writes a contemporary journal of opinion, "of modern man explaining his right to existence is an odd one." The Genocide Convention is but one of many interrelated measures in a world-wide program to secure peace and respect for the dignity of the individual human being. Rational …