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Articles 4351 - 4380 of 4957
Full-Text Articles in Human Rights Law
Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein
Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein
Scholarly Works
No abstract provided.
Dialogic Federalism: Constitutional Possibilities For Incorporation Of Human Rights Law In The United States Social Movements And Law Reform, Catherine Powell
Dialogic Federalism: Constitutional Possibilities For Incorporation Of Human Rights Law In The United States Social Movements And Law Reform, Catherine Powell
Faculty Scholarship
Discussions about the allocation of authority between federal and subfederal systems in the implementation of international human rights law typically proceed by staking out one of two initial positions. At one end of the spectrum, a traditional constitutional theory takes a restrictive view of state and local authority, envisioning hierarchical imposition of federally implemented international law norms through the federal treaty power and determination of customary international law by federal courts. At the other end of the spectrum, a revisionist theory assumes greater fragmentation and authority reserved to the states based on federalism and separation of powers limits on federal …
Does International Human Rights Law Make A Difference?, Douglass Cassel
Does International Human Rights Law Make A Difference?, Douglass Cassel
Journal Articles
Does international human rights law make a difference? Does it protect rights in practice? The importance of these questions for rights protection is obvious: the institutions of international human rights law deserve our energetic support only to the extent they contribute meaningfully to protection of rights, or at least promise eventually to do so. Moreover, at the moment these questions have added urgency. They underlie an ongoing debate, fomented in part by this Journal, on the extent to which the United States should be prepared to cede degrees of its national sovereignty to international human rights institutions, in return for …
A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel
A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel
Journal Articles
The international legal boundary between states; rights and human rights is not fixed. Long ago, the Permanent Court of International Justice - the judicial arm of the League of Nations and the precursor to the present International Court of Justice - recognized that "the question whether a certain matter is or is not solely within the jurisdiction of a State is an essentially relative question; it depends on the development of international relations." In recent decades international relations concerning both sovereignty and rights have developed quickly. An examination of those rights and the evolving realities of sovereignty are examined.
La Libertad De Expresion En El Sistema Interamericano De Proteccion De Los Derechos Humanos, Claudio Grossman
La Libertad De Expresion En El Sistema Interamericano De Proteccion De Los Derechos Humanos, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Inter-American System, Claudia Martin, Diego Rodriguez-Pinzon
Inter-American System, Claudia Martin, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Reconciling Amnesties With Universal Jurisdiction - A Reply To Mr. Phenyo Keiseng Rakate, Juan E. Mendez, Garth Meintjes
Reconciling Amnesties With Universal Jurisdiction - A Reply To Mr. Phenyo Keiseng Rakate, Juan E. Mendez, Garth Meintjes
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Ex Parte Young And Federal Remedies For Human Rights Treaty Violations, David Sloss
Ex Parte Young And Federal Remedies For Human Rights Treaty Violations, David Sloss
Washington Law Review
The doctrine of Ex parte Young is typically described as an exception to the immunity granted by the Eleventh Amendment of the U.S. Constitution. This Article contends that the Young doctrine also stands for the proposition that the Supremacy Clause creates an implied right of action for injunctive relief against state and local government officers who violate federal statutes or treaties. That right of action is available to plaintiffs who seek to enforce federal statutes or treaties against government officers unless Congress foreclosed the availability of a Young remedy when it enacted the statute, or the treaty makers foreclosed the …
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
Michigan Law Review
In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that this …
Buying A Wife But Saving A Child: A Deconstruction Of Popular Rhetoric And Legal Analysis Of Mail-Order Brides And Intercountry Adoptions, Ryiah Lilith
Buffalo Women's Law Journal
No abstract provided.
Re-Conceiving "Third World" Legitimate Governance Struggles In Our Time: Emergent Imperatives For Rights Activism, Obiora Chinedu Okafor
Re-Conceiving "Third World" Legitimate Governance Struggles In Our Time: Emergent Imperatives For Rights Activism, Obiora Chinedu Okafor
Buffalo Human Rights Law Review
No abstract provided.
Tinkering With The Machinery Of Death: Understanding Why The United State's Use Of The Death Penalty Violates Customary International Law, Michelle Mckee
Tinkering With The Machinery Of Death: Understanding Why The United State's Use Of The Death Penalty Violates Customary International Law, Michelle Mckee
Buffalo Human Rights Law Review
No abstract provided.
The African Commission On Human And Peoples' Rights: Eleven Years After, Udeme Essien
The African Commission On Human And Peoples' Rights: Eleven Years After, Udeme Essien
Buffalo Human Rights Law Review
No abstract provided.
Human Rights And Sustainable Development In Contemporary Africa: A New Dawn, Or Retreating Horizons?, J. Oloka-Onyango
Human Rights And Sustainable Development In Contemporary Africa: A New Dawn, Or Retreating Horizons?, J. Oloka-Onyango
Buffalo Human Rights Law Review
No abstract provided.
A Preliminary Response To Criticisms Of The International Religious Freedom Act Of 1998, T. Jeremy Gunn
A Preliminary Response To Criticisms Of The International Religious Freedom Act Of 1998, T. Jeremy Gunn
BYU Law Review
No abstract provided.
Full Volume 75: International Law Across The Spectrum Of Conflict
Full Volume 75: International Law Across The Spectrum Of Conflict
International Law Studies
No abstract provided.
The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin
The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin
International Law Studies
No abstract provided.
The History And Status Of The International Criminal Court, Howard Levie
The History And Status Of The International Criminal Court, Howard Levie
International Law Studies
No abstract provided.
On Genocide, Anthony D'Amato
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
International Law Studies
No abstract provided.
Trends. Licit And Illicit Human Trafficking: The Ultimate Violation Of Human Rights, Ibpp Editor
Trends. Licit And Illicit Human Trafficking: The Ultimate Violation Of Human Rights, Ibpp Editor
International Bulletin of Political Psychology
This article discusses human trafficking for economic reasons and its context.
International Human Rights And Domestic Law Focusing On U.S. Law, With Some Reference To Israeli Law, Malvina Halberstam
International Human Rights And Domestic Law Focusing On U.S. Law, With Some Reference To Israeli Law, Malvina Halberstam
Cardozo Journal of International and Comparative Law
The article, written by Malvina Halberstam, reflects on the 50th anniversaries of the Universal Declaration of Human Rights (UDHR) and the Israeli Supreme Court. It highlights the significance of the UDHR in establishing individual rights within international law and compares the protection of these rights in U.S. and Israeli domestic laws. While the U.S. Constitution provides robust protection for many UDHR rights, the article critiques the U.S. for its slow ratification of human rights treaties and the practice of adding reservations, particularly the declaration of treaties as non-self-executing. It also addresses concerns about restrictions on freedom of expression in Israel, …
Chapter Vi (The Tanker War And The Maritime Environment)
Chapter Vi (The Tanker War And The Maritime Environment)
International Law Studies
No abstract provided.
Full Volume 74: The Tanker War, 1980-88: Law And Policy
Full Volume 74: The Tanker War, 1980-88: Law And Policy
International Law Studies
No abstract provided.
Human Rights In Transition-- Freedom From Fear, Dorothea Beane
Human Rights In Transition-- Freedom From Fear, Dorothea Beane
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Beware Aggressors: In Times Of Conflict, The Eyes Of The World Are Upon You, Rachel M. Wittman
Beware Aggressors: In Times Of Conflict, The Eyes Of The World Are Upon You, Rachel M. Wittman
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.