Human Rights Law Commons^™

Reforming Legal Education In Bangladesh, Mohammad Monirul Azam

Journal of Legal Education

No abstract provided.

Six Propositions For Legal Education In Local And Global Development, Roger Burridge

Journal of Legal Education

No abstract provided.

Regional Economic Arrangements And The Rule Of Law In The Americas: The Human Rights Face Of Free Trade Agreements, Stephen J. Powell

UF Law Faculty Publications

We have addressed the widespread criticism that international trade rules are insensitive to basic human rights and that globalization has done little with its enormous power to preserve exhaustible natural resources and otherwise promote sustainable development, to alleviate the gap between rich and poor, to encourage states to grant their citizens basic human rights contained in the U.N. Covenant on Human Rights and other treaties, to resolve the often conflicting policies underlying essential human rights and trade goals, and, in general, to integrate trade and critical human rights law on the global front.

Our focus in this Essay is on …

Human Rights Approaches Of Corruption Control Mechanisms - Enhancing The Hong Kong Experience Of Corruption Prevention Strategies, C. Raj Kumar

San Diego International Law Journal

This Article is intended to make a case for promoting transparency in governance policies from a human rights perspective so as to argue for the development of a human right to good governance in Hong Kong. Secondly, it analyzes the work of the Independent Commission against Corruption (ICAC) in Hong Kong and addresses certain concerns in improving the efficiency of the ICAC. Thirdly, it argues that rights against corruption in Hong Kong should move beyond a law enforcement and public policy issue and attain the status of a human right. Fourthly, this Article examines the growth and development of international …

The Rule Of Law And Human Rights, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Essay engages the idea of the rule of law and its relationship to the human rights ideal. This piece opens by exploring just exactly what is meant by the rule of law. To develop this analysis, this work initially explores the definitions, elements, and theoretical underpinnings of the rule of law. Second, it delves into the cultural particularities of the rule of law; third, it describes numerous structural realities of the rule of law; and then, it sets out several of the critiques directed at a universal rule of law idea.

This essay next makes three key observations concerning …

The Lives Of Animals, The Lives Of Prisoners, And The Revelations Of Abu Ghraib, Charles H. Brower, Ii

Vanderbilt Journal of Transnational Law

In this Article, Professor Brower suggests that the images depicting inhuman treatment of detainees at the Abu Ghraib prison contain timely lessons about the function and the importance of legal personality. To illustrate this thesis, the Author first identifies animals as a population condemned to an existence bereft of the protections that accompany legal personality. Next, the Author describes the chilling similarities between the treatment of animals and the treatment of prisoners in Iraq and in the so-called "Global War on Terror." Finally, the Author discusses three potential lessons for a nation widely perceived to have retreated from its commitment …

The United States Supreme Court Rulings On Detention Of "Enemy Combatants" - Partial Vindication Of The Rule Of Law, Douglass Cassel

Journal Articles

In three rulings on prolonged military detention of so-called "unlawful enemy combatants" in the "war" against terrorism, the United States Supreme Court in June 2004 shielded the rule of law from some of the more extreme excesses of the Bush Administration. However, the Court also yielded some ground and left open a number of troublesome questions.

The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks

Michigan Law Review

The past decade has seen a surge in American and international efforts to promote "the rule of law" around the globe, especially in postcrisis and transitional societies. The World Bank and multinational corporations want the rule of law, since the sanctity of private property and the enforcement of contracts are critical to modern conceptions of the free market. Human-rights advocates want the rule of law since due process and judicial checks on executive power are regarded as essential prerequisites to the protection of substantive human rights. In the wake of September 11, international and national-security experts also want to promote …

Russian Compliance With Articles Five And Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform And Human Rights In Russia, Jeffrey Kahn

University of Michigan Journal of Law Reform

This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …

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

Michigan Journal of International Law

This Note seeks to explore the origins, scope, and key possibilities of an evolving right to the truth. It will argue that truth is not only an essential component of the universally recognized "right to an effective remedy," but that it also serves as the gateway to a broader reparative framework necessary for victims of gross human rights abuse. The analysis shall span the Inter-American, European, and United Nations systems of human rights protection, and also will treat the burgeoning idea of the truth commission, a very prominent means of extra-judicial inquiry in contemporary transitional societies. At the conclusion, the …

A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety

Cardozo Law Review

No abstract provided.

Legal Culture And The Practice: Postmodern Depiction Of The Rule Of Law, Jeffrey E. Thomas

Faculty Works

Professor Thomas suggests that the television series the practice breaks from tradition by portraying the law as arbitrary and subject to manipulation. On one hand, its narratives show that law may require the guilty to be set free. On the other hand, the law sometimes fails to protect the innocent. Outcomes often turn on extralegal factors such as luck, race, or heroic efforts. This portrayal is a "postmodern" depiction of the rule of law. The narratives from the practice deconstruct the traditional rule of law hierarchy by showing that the rule of man can lead to more just results. The …

Trends. Sending Messages: The Fate Of Slobodan Milosevic, Ibpp Editor

International Bulletin of Political Psychology

As President Vojislav Kostunica continues to attempt to consolidate his political power throughout Yugoslavia, controversy still rages as to the fate of the former president, Slobodan Milosevic. Of special interest is whether he should be forced to stand trial at The Hague as an indicted war criminal.

This article discusses arguments for and against Milosevic standing trial.

Rules Of Law: The Pinochet Case, Ibpp Editor

International Bulletin of Political Psychology

This article describes competing rules of law that are being unmasked during the ongoing legal odyssey of Augusto Pinochet.

Constitutionalism As A Site Of State Formative Practices, Upendra Baxi

Cardozo Law Review

No abstract provided.

Transcript Of Question And Answer Session

Cardozo Law Review

No abstract provided.

The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile

Articles

The 1994 Ethiopian Constitution, while intended to address historical injustices, has exacerbated tribalism, human rights violations, and poverty by establishing a flawed federal system based on ethnic affiliation. The Constitution grants excessive autonomy to ethnic-based states, undermining national unity and central authority. Its lack of enforceable limitations on government power, absence of judicial review, and emphasis on secession have created a system prone to instability and human rights abuses. The article argues that the Constitution's structure, inspired by defunct Soviet models, is ill-suited to Ethiopia's needs, threatening its democracy, development, and cohesion.

Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli

Scholarly Works

No abstract provided.

Projecting The Washington College Of Law Into The Future, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Nothing But The Truth? Transitional Regimes Confront The Past, Joan Fitzpatrick

Michigan Journal of International Law

Review of Impunity and Human Rights in International Law and Practice (Naomi Roht-Arriaza ed.)

Reflections On Self-Determination, William Burnett Harvey

Michigan Law Review

A Review of Secession: The Legitimacy of Self-Determination by Lee c. Bucheit

International Commission Of Jurists: The Rule Of Law In A Free Society: A Report On The International Congress Of Jurists, William B. Harvey

Michigan Law Review

A Review of The Rule of Law in a Free Society: a Report on the International Congress of Jurists. Geneva, Switzerland: International Commission of Jurists, 1960.