Human Rights Law Commons^™

News From The International War Crimes Tribunals, Christine Poulon, Mair Mccafferty

Human Rights Brief

No abstract provided.

Profile Of Dr.Juan E. Garces, Chief Lawyer In The Spanish Case Against General Augusto Pinochet , Sarah C. Aird, Teven Hernandez

Human Rights Brief

No abstract provided.

News From The International Criminals Tribunals , Kelly Askin

Human Rights Brief

No abstract provided.

A Profile Of Inter-American Commission President Robert K. Goldman, Sarah Aird, Tom Lynch

Human Rights Brief

No abstract provided.

Holding State Sovereigns Accountable For Human Rights Violations: Applying The Act Of State Doctrine Consistently With International Law, Rebecca A. Fleming

Maryland Journal of International Law

No abstract provided.

Critical Race Theory As International Human Rights Law, Natsu Taylor Saito

Faculty Publications By Year

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Kosovo And The "New Interventionism": Promise Or Peril?, Richard B. Bilder

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Osce National Minority Rights In The United States: The Limits Of Conflict Prevention, 23 Suffolk Transnat'l L. Rev. 1 (1999), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

International Refugee Law: The Michigan Guidelines On The Internal Protection Alternative, James C. Hathaway

Articles

International refugee law is designed only to provide a back-up source of protection to seriously at-risk persons. Its purpose is not to displace the primary rule that individuals should look to their state of nationality for protection, but simply to provide a safety net in the event a state fails to meet its basic protective responsibilities.1 As observed by the Supreme Court of Canada, "[t]he international community was meant to be a forum of second resort for the persecuted, a 'surrogate,' approachable upon the failure of local protection. The rationale upon which international refugee law rests is not simply the …

Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu

Articles

No abstract provided.

America's Apostasy, James C. Hathaway

Articles

It has often struck me that the prominence of the Restatement of the Foreign Relations Law of the United States epitomizes the plight of international law in this country. The title of this standard reference on international law does not even refer to international law, but instead to foreign relations law. That is, it is meant to set out the standards by which we may legitimately judge the conduct of others. The clear, if unintended, message is that the Restatement is not really a codification of laws that bind us. And indeed, it is explicitly not just a codification, but …

Human Rights And Non-State Actors, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Internal Displacement: Is Prevention Through Accountability Possible? A Kosovo Case Study, Carlyn M. Carey

American University Law Review

No abstract provided.

Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff

LLM Theses and Essays

Unfortunately, in terms of religions, the strict neutrality is almost impossible to reach and most countries that have adopted such a principle still face religious conflicts. However, these conflicts have shifted from armed conflicts to legal conflicts and battles of words, which offer at least a more peaceful way to fight. One major battleground for these religious conflicts concerns the role of religion in the public school system. That battleground is the subject of this thesis. The discussion of how religion should be treated in the public school system will be based on a comparison between Germany and the United …

Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen

Richmond Public Interest Law Review

To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …

Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen

Richmond Journal of Law and the Public Interest

To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …

The Naked Land: The Dayton Accords, Property Disputes, And Bosnia's Real Constitution, Timothy W. Waters

Articles by Maurer Faculty

The Dayton Accords have brought peace and stability to Bosnia. Yet the Accords were intended to do more: they were meant to create conditions for the restoration of political unity among Bosnia's factions. On these scores, Dayton has failed. Moreover, there remains a wide rift between the international community's perceptions of the local parties' obligations and those parties' own perceptions and conduct.

One of the most complicated aspects of post-conflict Bosnia is the range of disputes over real property. Hundreds of thousands of people have been displaced, and so far Dayton has proven singularly incapable of creating any meaningful resolution. …

Population. Environment. And Development: The Changing Paradigm Of The 1990s, Sharmini Abbasi

LLM Theses and Essays

Among the vast web of challenges before us in the wake of the new millennium population growth is one of the most worrying aspects of human existence. The consequences of the world's rapid population growth on human well-being and on the environment have been the subject of intense controversy for many years and got even more accentuated as the 1990s progress. However, the framework of international environmental law and agreement has for long failed to consider adequately the clear linkages between rapid population growth and environmental degradation. Thus, the study attempts to discuss and analyze competing for international perspectives, theories, …

Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder

Journal Articles

The "Universalism-Cultural Relativism" debate proceeds on the assumption that international human rights law requires the identification of fundamental principles of justice that transcend culture, society, and politics. Thus, the debate presumes that to assert the cultural relativity of justice is to deny the legitimacy of international human rights law. This comment challenges this presumed linkage between international human rights law and universally valid criteria of justice. Human rights standards are obviously culturally relative, and human rights law is obviously a Western institution. But so are the kind of states that human rights law sets out to restrain. The nation-state ideal …

The Michigan Guidelines On The Internal Protection Alternative

Michigan Journal of International Law

In many jurisdictions around the world, 'internal flight' or 'internal relocation' rules are increasingly relied upon to deny refugee status to persons at risk of persecution for a Convention reason in part, but not all, of their country of origin. In this, as in so many areas of refugee law and policy, the viability of a universal commitment to protection is challenged by divergence in state practice. These Guidelines seek to define the ways in which international refugee law should inform what the authors believe is more accurately described as the 'internal protection alternative.' It is the product of collective …

Khmer Rouge Crimes: The Elusive Search For Justice , Brian D. Tittemore

Human Rights Brief

No abstract provided.

Ghana's Slaves To The Gods , Sarah C. Aird

Human Rights Brief

No abstract provided.

Review Of The Inter-American Human Rights Digest , Juan M. Amaya-Castro

Human Rights Brief

No abstract provided.

Unocal Corporation Can Be Liable For Human Rights Abuses In Burma , Carlyn Carey

Human Rights Brief

No abstract provided.

India's Failure To Adequately Protect Refugees , H. Knox Thames

Human Rights Brief

No abstract provided.

The Rule Of Law In Jeopardy In Uzbekistan , Heather Fox

Human Rights Brief

No abstract provided.

News From The Inter-American System , Cathleen Caron

Human Rights Brief

No abstract provided.

News From The Inter-American System, Nicole Grimm

Human Rights Brief

No abstract provided.

Kosovo: History Of A Human Rights Crisis Part One Of A Two Part Series On The Kosovo Crisis, Sarah Aird

Human Rights Brief

No abstract provided.

Proceed With Caution: U.S. Policy Toward A Global Ban On Landmines, Anne Theodore Briggs

Human Rights Brief

No abstract provided.