Human Rights Law Commons^™

The Reach Of Icc Jurisdiction Over Non-Signatory Nationals, Jordan J. Paust

Vanderbilt Journal of Transnational Law

A new International Criminal Court (ICC) was created on July 17, 1998 under the Rome Statute adopted by the United Nations Diplomatic Conference on Plenipotentiaries on the Establishment of an International Criminal Court. Under the Statute, the ICC will have jurisdiction over crimes of genocide, certain crimes against humanity, and certain war crimes, leaving the crime of aggression for further definition.

Nonetheless, there are certain preconditions to the exercise of such jurisdictional competence, as noted especially in Articles 12-14 of the Statute. In general, the Court can exercise jurisdiction if a "situation" or case (1) is referred to the Prosecutor …

The Rise Or The Fall Of International Law?, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

This Article argues that traditional international law is healthy in the sense that there are more international agreements than ever, and States continue to serve important roles in the international system. It is falling, however, as the sole focus of international legal efforts. It is necessary to redefine international law to include actors other than States among those who make international norms and who implement and comply with them, and to include legal instruments that may not be formally binding. These developments raise three important issues: the need for the new actors to be accountable and for the new norms …

Women And Globalization: The Failure And Postmodern Possibilities Of International Law, Barbara Stark

Vanderbilt Journal of Transnational Law

This Article examines the role of international law, particularly human rights law, as it relates to the process of globalization and its effects on women. Initially, the Article sets the stage by describing the course of globalization and the dramatic impact it has had on the world economy. The Author next examines the multiple and contradictory consequences of globalization for women.

The Article approaches this analysis from two perspectives. First, from a 'classic perspective," the Author contends that international law is the only legal system with the potential to regulate the principal agents of globalization--multinational corporations, banks and investment firms, …

Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Grand Exercise In Forgiveness, Or Justice Held Hostage To Truth? South Africa’S Truth And Reconciliation Commission, Penelope Andrews

Articles & Chapters

An evaluation of the success or otherwise of the TRC may seem premature, but there have been some interesting reflections thus far. One such work is David Dyzenhaus’ book, Judging the Judges, Judging Ourselves: Truth, Reconciliation and the Apartheid Legal Order. The book is a narrative and critique of the legal hearings which took place over three days at the TRC. This is a review of the Dyzenhaus book.

Indeterminate Claims: New Challenges To Self-Determination Doctrine In Yugoslavia, Timothy W. Waters

Articles by Maurer Faculty

Serbia has two autonomous provinces, with nearly identical constitutional and political claims: heavily Albanian Kosovo and ethnically diverse but Serb-majority Vojvodina. One is headed towards some form of internationally recognized independence; the other almost certainly is not, even though calls for its autonomy have been mounting. What makes the difference?

This article examines what the reasons for these different outcomes show about the changing content of self-determination in an environment of persistent ethnic claims. The defining characteristic of self-determination today is its indeterminacy, which allows policymakers to pursue a broader range of policies than was possible in the era of …

East Timor: Will There Be Justice? , Barbara Cochrane Alexander

Human Rights Brief

No abstract provided.

Counterpoint: Plan Colombia And Human Rights , Luis Alberto Moreno

Human Rights Brief

No abstract provided.

A Global Court? U.S. Objections To The International Criminal Court And Obstacles To Ratification, Teresa Young Reeves

Human Rights Brief

No abstract provided.

News From The Inter-American System , Terri J. Harris

Human Rights Brief

No abstract provided.

Human Rights Violations Against Muslims In The Xinjiang Uighur Autonomous Region Of Western China, Natasha Parassram Concepcion

Human Rights Brief

No abstract provided.

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

Human Rights Brief

No abstract provided.

News From The Inter-American System, Cathleen Caron

Human Rights Brief

No abstract provided.

The Impact Of Mozambiques Land Tenure Policy On Refugees And Internally Displaced Persons, Bina Hanchinamani

Human Rights Brief

No abstract provided.

Women In Nepal: Human Rights In Theory, Human Rights In Practice, Barbara Cochrane Alexander

Human Rights Brief

No abstract provided.

European Court Of Human Rights Overturns British Ban On Gays In Military, Richard Kamm

Human Rights Brief

No abstract provided.

The War Of Attrition In Chiapas, Sarah C. Aird

Human Rights Brief

No abstract provided.

Rape: A Survey Of Current International Jurisprudence, Christine Strumpen-Darrie

Human Rights Brief

No abstract provided.

News From The Inter-American System, Cathleen Caron

Human Rights Brief

No abstract provided.

The Inter-American Human Rights Systems: Activities During 1999 Through October 2000, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Human Rights, Environment & Community: A Workshop: Presentation By Neil A.F. Popovic, Neil A.F. Popovic

Buffalo Environmental Law Journal

No abstract provided.

How Is International Human Rights Law Enforced?, Harold Hongju Koh

Indiana Law Journal

Addison C. Harris Lecture, January 21, 1998, Indiana University Law School.

Affirmative Action: An International Human Rights Dialogue, Ruth Bader Ginsburg, Deborah Jones Merritt

Cardozo Law Review

No abstract provided.

Into Africa: An Introduction To The Southern Africa Exchange Program, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

A New Agenda For International Human Rights: Economic Freedom, John O. Mcginnis

Articles

No abstract provided.

Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Michigan Law Review

The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …

Customary International Law And International Human Rights Litigation In United States Courts: Revitalizing The Legacy Of The Paquete Habana, Kathleen M. Kedian

William & Mary Law Review

No abstract provided.

Proselytism And The Freedom To Change Religion In International Human Rights Law, Tad Stahnke

BYU Law Review

No abstract provided.

A Non-Governmental Perspective Regarding The International Protection Of Children In The Inter-American System Of Human Rights, Ariel E. Dulitzky, Luguely Cunillera Tapia

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Markets And Women's International Human Rights, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.