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Articles 331 - 360 of 407
Full-Text Articles in Human Rights Law
South Korea: Implementation And Application Of Human Rights Covenants, Suk Tae Lee
South Korea: Implementation And Application Of Human Rights Covenants, Suk Tae Lee
Michigan Journal of International Law
Under article 40 of the International Covenant on Civil and Political Rights (ICCPR), the State Party undertakes to submit reports on the measures it has adopted which give effect to the rights recognized in the ICCPR and demonstrate the progress it has made in granting its citizens the enjoyment of those rights. The report was examined by the HRC in July 1992 and will be discussed in Part I of this article. The International Covenant on Economic, Social and Cultural Rights (ICESCR) also requires State Parties to submit reports, but the initial report of the South Korean government has not …
The Role Of Human Rights In Global Securtiy Issues: A Normative And Institutional Critique, Douglas Lee Donoho
The Role Of Human Rights In Global Securtiy Issues: A Normative And Institutional Critique, Douglas Lee Donoho
Michigan Journal of International Law
The purpose of this article is to evaluate the institutional and normative capacity of international human rights to effectively serve such enhanced roles in global peace and security matters. In particular, the analysis focuses on key normative and institutional weaknesses in the existing U.N. human rights system and addresses their implications for the roles which human rights might serve to enhance peace. By describing some of the system's fundamental weaknesses, this analysis also indicates important areas for reform within the U.N. system.
The Age Of Rights, Stephen D. Sencer
The Age Of Rights, Stephen D. Sencer
Michigan Law Review
A Review of The Age of Rights by Louis Henkin
International Human Rights And Feminism: When Discourses Meet, Karen Engle
International Human Rights And Feminism: When Discourses Meet, Karen Engle
Michigan Journal of International Law
In this article, the author brings some of the issues identified and discussed in domestic law into public international law, through an analysis of that area of human rights law pertaining to women. Although she is inspired by the domestic debate, her purpose here is not specifically to critique or defend rights. Rather, to explore the various ways that advocates of international women's rights have deployed, and at the same time critiqued, existing rights frameworks in order to achieve change for women. In doing so, the author analyzes the multiple roles that rights discourse plays in the advocacy of women's …
Measuring Freedom? The Undp Human Freedom Index, Lisa J. Bernt
Measuring Freedom? The Undp Human Freedom Index, Lisa J. Bernt
Michigan Journal of International Law
Part I of this Note describes and compares the Humana index and the UNDP's Human Freedom Index. Part II surveys some of the criticism of the Human Freedom Index since its publication in May 1991, and identifies fundamental problems with the manner in which the Human Freedom Index was prepared and presented. This Note concludes with recommendations for refining and presenting such an index in future years.
State-Centered Refugee Law: From Resettlement To Containment, T. Alexander Aleinikoff
State-Centered Refugee Law: From Resettlement To Containment, T. Alexander Aleinikoff
Michigan Journal of International Law
This paper will explore the international regime of refugee law, seeking to show how legal "solutions" to the "refugee problem" are profoundly state-centered. I will argue that discussions of "solutions" in refugee law and policy have taken a dramatic turn in recent years, replacing an exilic bias with a source-control bias. This new orientation focuses attention on countries of origin, supporting repatriation and human rights monitoring before and after return. I suggest that the shift in emphasis, albeit grounded in part in humanitarian concerns, presents real risks when realized within a system committed to the protection of human rights …
Breaking The Deadlock: Toward A Socialist-Confucianist Concept Of Human Rights For China, David E. Christensen
Breaking The Deadlock: Toward A Socialist-Confucianist Concept Of Human Rights For China, David E. Christensen
Michigan Journal of International Law
This Note offers an alternative perspective on international human rights that seeks to bypass the dead-end universalist-cultural relativist debate, and proposes a concept of human rights that is harmonious with the modern collectivist and socialist Chinese order. Since human rights protect dignity, this study finds the source of human dignity in China in society, not in nature. This analysis opens the door to the development of a meaningful set of guaranteed individual rights for a socialist state and a Confucian order.
Debt, Development, And Human Rights: Lessons From South Africa, Daniel D. Bradlow
Debt, Development, And Human Rights: Lessons From South Africa, Daniel D. Bradlow
Michigan Journal of International Law
This paper, through a case study of financial sanctions against South Africa, demonstrates that it is possible to design a development-oriented financial sanctions strategy against any country that violates the human rights of its citizens and in which government regulations, including exchange controls, result in foreign-owned financial assets being trapped in the target country. This strategy will both deprive the perpetrators of the human rights violations of new funds and will help redirect the blocked funds into activities that are designed to promote the political and socioeconomic development of the victims of the human rights abuses. The means for identifying …
Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss
Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss
Michigan Journal of International Law
This Note will explore the merits behind these positions and attempt a resolution. If the potential effect of the Convention can only be to freeze and enshrine sex equality law as it currently exists, one who is interested in achieving changes in the law for the purpose of benefiting women will not want to put her energy into lobbying for ratification. It is therefore important to get past political strategies and determine what promise the Convention might hold for women in the United States. If the United States were to ratify the Convention, what changes, if any, would result?
Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark
Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark
Michigan Journal of International Law
This essay will explore the relationship between what many view as the two most urgent issues of our time: nurturing rights, and promoting peace.
The United States Should Withdraw Its Reservations To The Genocide Convention: A Response To Professor Paust's Proposal, Maria Frankowska
The United States Should Withdraw Its Reservations To The Genocide Convention: A Response To Professor Paust's Proposal, Maria Frankowska
Michigan Journal of International Law
A reiteration of Professor Paust's views on the topic, followed by an alternative course of action, and the international and domestic aspects of the withdrawal process.
Human Rights V. Extradition: The Soering Case, Stephan Breitenmoser, Gunter E. Wilms
Human Rights V. Extradition: The Soering Case, Stephan Breitenmoser, Gunter E. Wilms
Michigan Journal of International Law
The European Convention for the Protection of Human Rights and Fundamental Freedoms is widely regarded as the most dynamic and effective of the various international human rights instruments. Its impact on the judiciary of the twenty-three Western European Member States, as well as its pace-setting role for other international mechanisms for the protection of human rights, has recently been confirmed by the unanimous judgment of the European Court of Human Rights in Soering v. United Kingdom. In its judgment delivered on July 7, 1989, the Court held that the United Kingdom would act in violation of article 3 of …
The Israeli Demolition Of Palestinian Houses In The Occupied Territories: An Analysis Of Its Legality In International Law, Martin B. Carroll
The Israeli Demolition Of Palestinian Houses In The Occupied Territories: An Analysis Of Its Legality In International Law, Martin B. Carroll
Michigan Journal of International Law
The recent Palestinian uprising in the Israeli Occupied Territories, otherwise known as the Intifadah, has brought greater attention to Israel's security measures. Specifically, the Intifadah has raised questions of the efficacy and legality of Israel's attempts to control the local population by means criticized by many as overly heavy-handed. One such practice employed by the Israelis is the demolition or sealing of houses in which a resident is believed to have committed a political or violent act against the interests of the State of Israel. The intent of this paper is to examine the legality of the destruction of houses …
The West Bank Aquifer And Conventions Regarding Laws Of Belligerent Occupation, Jamal L. El-Hindi
The West Bank Aquifer And Conventions Regarding Laws Of Belligerent Occupation, Jamal L. El-Hindi
Michigan Journal of International Law
This Note will provide an introductory analysis of the conventions on belligerent occupation as they apply to the West Bank aquifer. Part I provides a brief analysis of the current situation in the region. Part II provides an overview of the relevant conventions on belligerent occupation and then focuses on how these laws apply to underground water resources in the West Bank. Finally, Part III outlines potential developments for the maintenance of complicity with the developing law of belligerent occupation, taking into account developments in international water law.
Coherence And The European Court Of Human Rights: The Adjudicative Background To The Soering Case, Colin Warbrick
Coherence And The European Court Of Human Rights: The Adjudicative Background To The Soering Case, Colin Warbrick
Michigan Journal of International Law
On January 1, 1990, the Eighth Protocol to the European Convention on Human Rights came into force. This Protocol makes some amendments to the structure and procedure set out in the Convention itself. The need for reform was created by the increasing workload of the institutions, which had reached such a level that the backlog of applications before the Commission would have continued to increase at a greater rate than the Commission's capacity to dispose of them. There are several reasons for this overwhelming burden. The acceptances by States of the right of individual application under article 25 have been …
Does International Human Rights Law Have Something To Teach Monetary Law?, Cynthia C. Lichtenstein
Does International Human Rights Law Have Something To Teach Monetary Law?, Cynthia C. Lichtenstein
Michigan Journal of International Law
Although the subject of exchange controls, a substantial part of international monetary law, seems hardly at first glance to be as gripping a matter of international concern as international human rights, the first glance neglects the place of exchange controls in the life blood of developing nations. If, instead of referring to exchange controls, one speaks of the human costs of the international debt crisis, the point is quickly made. Students in a class in international monetary law do see a connection between the outflow of hard currency to repay external debt and the political consequences for a nation that, …
On Human Rights: The Use Of Human Right Precepts In U.S. History And The Right To An Effective Remedy In Domestic Courts, Jordan J. Paust
On Human Rights: The Use Of Human Right Precepts In U.S. History And The Right To An Effective Remedy In Domestic Courts, Jordan J. Paust
Michigan Journal of International Law
Early in the history of the United States, human rights, then often termed the "rights of man," were understood to be those natural, unalienable rights of all persons that no government on earth could deny - rights that are a part of law, whether written or unwritten, and that free and democratic governments are formed to further and to protect. As Alexander Hamilton recognized in 1775, "the sacred rights of mankind... are written, as with a sunbeam, in the whole volume of human nature… and can never be erased or obscured by mortal power." Yet, as Hamilton must have known, …
"Federal" Aspects Of The European Convention On Human Rights, Colin Warbrick
"Federal" Aspects Of The European Convention On Human Rights, Colin Warbrick
Michigan Journal of International Law
The inquiry pursued in this paper has been prompted by a paradox. In the United States, the Supreme Court has been reluctant to find any constitutional limitations upon the power of the States to allow the administration of corporal punishment in schools, despite being able to rely on the national Bill of Rights - in the interpretation of which the Court has many times circumscribed the power of the State governments in other contexts. The result has been that some children have been left without redress when they have been subjected to exceptionally severe punishment. Under the system of the …
Isolationism Or Deference? The Alien Tort Claims Act And The Separation Of Powers, Victor A. Pappalardo
Isolationism Or Deference? The Alien Tort Claims Act And The Separation Of Powers, Victor A. Pappalardo
Michigan Journal of International Law
This Note examines the rationales behind Filartiga and other cases which have had the opportunity to pass upon its holding, notably the holdings in Tel-Oren v. Libyan Arab Republic and Forti v. Suarez- Mason. It then focuses on the validity of these rationales with respect to the constitutional separation of powers scheme. In so doing, it analyzes Filartiga's conclusions in light of the act of state and political question doctrines, two closely interrelated doctrines which have been at the forefront of the separation of powers criticisms of Filartiga. This Note concludes by suggesting that a clear case exists …
International Law: Process And Prospect, Linda A. Shoemaker
International Law: Process And Prospect, Linda A. Shoemaker
Michigan Law Review
A Review of International Law: Process and Prospect by Anthony D'Amato
Capital Punishment And The American Agenda, John Pierce Stimson
Capital Punishment And The American Agenda, John Pierce Stimson
Michigan Law Review
A Review of Capital Punishment and the American Agenda by Franklin E. Zimring and Gordon Hawkins
Human Rights And International Relations, Sandip Bhattacharji
Human Rights And International Relations, Sandip Bhattacharji
Michigan Law Review
A Review of Human Rights and International Relations by R.J. Vincent
The Law Of Belligerent Occupation And The Legal Status Of The Gaza Strip, Bob Labes
The Law Of Belligerent Occupation And The Legal Status Of The Gaza Strip, Bob Labes
Michigan Journal of International Law
Israel's presence in the Gaza Strip does, in fact, raise many interesting issues in international law, including questions concerning the law of belligerent occupation, and the law of self-determination. This note examines some of these questions. Part I of the Note discusses pertinent aspects of the law of belligerent occupation. It points out that among the features of the traditional concept of belligerent occupation is the existence of an armed conflict between the occupying state and the state whose territory is occupied. Part II examines the history of the Gaza Strip, in an attempt to determine whether it can be …
Prurient Interest And Human Dignity: Pornography Regulation In West Germany And The United States, Mathias Reimann
Prurient Interest And Human Dignity: Pornography Regulation In West Germany And The United States, Mathias Reimann
University of Michigan Journal of Law Reform
This Article examines the regulation of pornography in West Germany and compares it to regulation in the United States. Part I provides an overview of the legal framework- constitutional and statutory-of pornography regulation in West Germany. Part II then traces the evolution of the concept of human dignity as a standard for defining pornography in West Germany, and Part III illustrates the practical impact of the idea in two widely debated recent cases. Part IV argues that West Germany's human dignity approach to pornography regulation raises important questions about how to view pornography, but that cultural and constitutional differences between …
Normative Surrender, Jerome B. Elkind
Normative Surrender, Jerome B. Elkind
Michigan Journal of International Law
It is submitted, at the risk of being accused of idealism, that those who most conspicuously don the mantle of realism are also guilty of normative sloppiness, a form of sloppiness which deserves the name "normative surrender" because it concedes large areas of the law to the will and whim of States. This article will examine the phenomenon of normative surrender and provide some examples of it.
Sanctuary: The New Underground Railroad, Daniel M. Brinks
Sanctuary: The New Underground Railroad, Daniel M. Brinks
Michigan Law Review
A Review of Sanctuary: The New Underground Railroad by Renny Golden and Michael McConnell
The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel
The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel
Michigan Law Review
A Review of The Lawful Rights of Mankind: An Introduction to the International Legal Code of Human Rights by Paul Sieghart
Hijacking, Freedom, And The "American Way", Andreas F. Lowenfeld
Hijacking, Freedom, And The "American Way", Andreas F. Lowenfeld
Michigan Law Review
A Review of Judgment in Berlin by Herbert J. Stern
Ethical Problems Of An International Human Rights Law Practice, David Weissbrodt
Ethical Problems Of An International Human Rights Law Practice, David Weissbrodt
Michigan Journal of International Law
This article examines two sources of ethical constraint on U.S. lawyers practicing international human rights law: the Model Code of Professional Responsibility (CPR or Model Code), which was adopted by the American Bar Association (ABA) in 1969, and the Model Rules of Professional Conduct (Model Rules), which were adopted in 1983. Part I establishes that these sources apply to the U.S. lawyer regardless of whether or not the lawyer is in the United States and whether or not he is acting as an attorney. Attorneys who leave the countries where they practice law and travel to other nations to observe …
Humanitarian International Law In Islam: A General Outlook, Ahmed Zaki Yamani
Humanitarian International Law In Islam: A General Outlook, Ahmed Zaki Yamani
Michigan Journal of International Law
This article covers the following topics: humanitarian law and humanistic law, general concepts of humanitarian international law in Islam: armed conflict of a non-international nature and armed conflict of an international nature, and wars against polytheists and apostates.