Open Access. Powered by Scholars. Published by Universities.®

Human Rights Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

International Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 4261 - 4290 of 4958

Full-Text Articles in Human Rights Law

Inter-American System, Diego Rodriguez-Pinzon Jan 2002

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2002

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2002

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Human Rights Policy In The Age Of Terrorism, Juan E. Mendez Jan 2002

Human Rights Policy In The Age Of Terrorism, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Inter-American System, Diego Rodriguez-Pinzon Jan 2002

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Truth As Right And Remedy In International Human Rights Experience, Thomas Antkowiak Jan 2002

Truth As Right And Remedy In International Human Rights Experience, Thomas Antkowiak

Faculty Articles

Early this year, the Inter-American Court of Human Rights in San Jose, Costa Rica, was faced yet again with a seemingly basic question: Does an individual have a legal right to know the truth about the circumstances surrounding the serious human rights violations a loved one has suffered? One might expect to encounter such a privilege in our victim centered system of international human rights protection-especially within the progressive jurisprudence of the Inter-American Court. Yet, it is simply not to be found as a substantive, explicit right. This essay seeks to explore the origins, scope, and key possibilities of an …


Persecution In The Fog Of War: The House Of Lords' Decision In Adan, Michael Kagan, William P. Johnson Jan 2002

Persecution In The Fog Of War: The House Of Lords' Decision In Adan, Michael Kagan, William P. Johnson

Michigan Journal of International Law

In this Article, we argue that the House of Lords' reasoning in Adan was seriously flawed. The House of Lords correctly recognized that evidence that minorities face a heightened risk of being persecuted can be sufficient to show a nexus to a Convention ground. Yet it erred when it went on to hold that only differentially at-risk individuals or groups can benefit from refugee status. If a person's risk of being persecuted is causally linked to his or her race, religion, nationality, membership of a particular social group, or political opinion, the nexus requirement is satisfied irrespective of whether the …


African Private Security Companies And The Alien Tort Claims Act: Could Multinational Oil And Mining Companies Be Liable?, Jennifer L. Heil Jan 2002

African Private Security Companies And The Alien Tort Claims Act: Could Multinational Oil And Mining Companies Be Liable?, Jennifer L. Heil

Northwestern Journal of International Law & Business

This paper focuses specifically on the possible liability under the ATCA of multinational oil and mining companies operating in Africa. First, it will examine the relationships between the multinational oil and mining companies, private security forces and African governments. In doing so, it will describe the actual activities and operations of the private security forces in conjunction with the oil and mining corhpanies. Second, this paper will outline the elements of liability under the ATCA. This will include a discussion of recent cases in which foreign nationals have sued multinational companies in the United States for alleged human rights abuses …


United Kingdom Transgender Win, Arthur S. Leonard Jan 2002

United Kingdom Transgender Win, Arthur S. Leonard

Other Publications

No abstract provided.


Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch Jan 2002

Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch

Faculty Scholarship

International treaty law occupies a more secure place in U.S. constitutional text than customary international law. Treaties, we know, are the “supreme law of the land” under Article VI of the Constitution and are routinely applied both in state courts and in federal courts under Article III. So the “awkward relationship” to which I will address myself is how U.S. courts should determine the meaning of an international treaty to which the United States is bound, when the parties involved in court have different views on the substance of the obligation that the United States has undertaken. Thus my general …


The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii Jan 2002

The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii

Vanderbilt Journal of Transnational Law

This Note argues that despite theoretical criticisms, the prosecution of rape and sexual enslavement as crimes against humanity, by the International Criminal Tribunal for the former Yugoslavia (ICTY) fits within a larger, emerging picture of international legal jurisprudence. First, the ICTY built upon both its own prior decisions and the decisions of the International Criminal Tribunal for Rwanda (ICTR), especially Prosecutor v. Akayesu, in order to close gaps in the international legal conceptualizations of rape and enslavement, torture, war crimes, genocide and crimes against humanity. Second, building upon the example set by the ICTR, the ICTY broadened international protections of …


Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green Jan 2002

Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green

Scholarly Articles in Law Reviews & Journals

This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.


Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan Jan 2002

Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.


Toward Revitalizing Economic, Social, And Cultural Rights In Africa, Danwood Mzikenge Chirwa Jan 2002

Toward Revitalizing Economic, Social, And Cultural Rights In Africa, Danwood Mzikenge Chirwa

Human Rights Brief

No abstract provided.


News From The International Criminal Tribunals, Chanté Lasco Jan 2002

News From The International Criminal Tribunals, Chanté Lasco

Human Rights Brief

No abstract provided.


Current Human Rights Concerns Arising From The Conflict And Peace Process In Northern Ireland, Jane Winter, Natasha Parassram Concepcion Jan 2002

Current Human Rights Concerns Arising From The Conflict And Peace Process In Northern Ireland, Jane Winter, Natasha Parassram Concepcion

Human Rights Brief

No abstract provided.


The Inter-American Commission On Human Rights And The Process Of Democratization In Peru, Helio Bicudo Jan 2002

The Inter-American Commission On Human Rights And The Process Of Democratization In Peru, Helio Bicudo

Human Rights Brief

No abstract provided.


News From The International Criminal Tribunals, Cecile E.M. Meijer Jan 2002

News From The International Criminal Tribunals, Cecile E.M. Meijer

Human Rights Brief

No abstract provided.


Dealing With The Detainees At Guantanamo Bay: Humanitarian And Human Rights Obligations Under The Geneva Conventions, Erin Chlopak Jan 2002

Dealing With The Detainees At Guantanamo Bay: Humanitarian And Human Rights Obligations Under The Geneva Conventions, Erin Chlopak

Human Rights Brief

No abstract provided.


Bámaca Velásquez V. Guatemala: An Expansion Of The Inter-American System’S Jurisprudence On Reparations, Megan Hagler, Francisco Rivera Jan 2002

Bámaca Velásquez V. Guatemala: An Expansion Of The Inter-American System’S Jurisprudence On Reparations, Megan Hagler, Francisco Rivera

Human Rights Brief

No abstract provided.


Sierra Leone’S Search For Justice And Accountability Of Child Soldiers, Ismene Zarifis Jan 2002

Sierra Leone’S Search For Justice And Accountability Of Child Soldiers, Ismene Zarifis

Human Rights Brief

No abstract provided.


The “Pacific Solution”: Refugees Unwelcome In Australia, Alexander J. Wood Jan 2002

The “Pacific Solution”: Refugees Unwelcome In Australia, Alexander J. Wood

Human Rights Brief

No abstract provided.


News From The Inter-American System, Ismene Zarifis Jan 2002

News From The Inter-American System, Ismene Zarifis

Human Rights Brief

No abstract provided.


Transitional Justice In Post-War Afghanistan, Ossai Miazad Jan 2002

Transitional Justice In Post-War Afghanistan, Ossai Miazad

Human Rights Brief

No abstract provided.


The War Crimes Research Office Presents: News From The International Criminal Tribunals, Cecile E.M. Meijer Jan 2002

The War Crimes Research Office Presents: News From The International Criminal Tribunals, Cecile E.M. Meijer

Human Rights Brief

No abstract provided.


Feminism And International Law: An Opportunity For Transformation, Rosa Ehrenreich Brooks Jan 2002

Feminism And International Law: An Opportunity For Transformation, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

In this essay, the author wants to outline briefly both some of the ways in which the assumptions and categories of international law can be damaging to women, and also some of the ways in which creative feminists could use international law to transform both international policy and the domestic political and legal discourse. In the wake of September 11, a robust feminist engagement with international law and policy is more urgent than ever before.


The War On Terrorism And The End Of Human Rights, David Luban Jan 2002

The War On Terrorism And The End Of Human Rights, David Luban

Georgetown Law Faculty Publications and Other Works

In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The War on Terrorism is a different proposition, however, and a different model of governmental action—not law but war. Most …


Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee Jan 2002

Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee

Faculty Scholarship

This background paper assesses the importance of integrating gender into efforts to address racial discrimination and related intolerance in the WCAR process. While this background paper primarily focuses on racial discrimination, the analysis may be applied to xenophobia and related intolerance where these experiences are "raced" experiences. Addressing these forms of intolerance in a comprehensive manner requires unmasking the ways in which race intersects with gender and other status. A gender analysis is needed to make racism more fully visible, because "racial discrimination does not always affect men and women equally or in the same way." Women often experience compounded …


Refugee Law Is Not Immigration Law, James C. Hathaway Jan 2002

Refugee Law Is Not Immigration Law, James C. Hathaway

Articles

The spectacle of the governments of Australia, Indonesia, and Norway playing pass the parcel with 400 refugees, most of them Afghans, is not an edifying one... Yet the issues of responsibility, over which the three governments are arguing, are important ones which, left unsettled in this and other cases, could only worsen the prospects for all refugees in the longer run. For the truth is that when what agreement has been painfully achieved between nations on how to deal with refugees breaks down, the natural reaction is to erect even higher barriers than already exist.


Who Should Watch Over Refugee Law?, James C. Hathaway Jan 2002

Who Should Watch Over Refugee Law?, James C. Hathaway

Articles

We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.