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Articles 121 - 150 of 196
Full-Text Articles in Human Rights Law
Labeling Mass Atrocity: Does And Should International Criminal Law Rank Evil?, Steven R. Ratner
Labeling Mass Atrocity: Does And Should International Criminal Law Rank Evil?, Steven R. Ratner
Articles
This essay concerns mass atrocity, not the kind that happened on September 11th, but an older kind when governments and those under them and supported by them killed innocent civilians on the basis of their ethnicity, on the basis of their politics, on the basis of their religion, or other traits of the group. These acts, crimes against humanity and genocide, were criminalized in the period after World War II by the International Military Tribunal and then by the Genocide Convention. These were very, very important steps forward in international criminal law, but the result of the post-war period was, …
Human Rights At Home: Domestic Violence As A Human Rights Violation, Caroline Bettinger-López
Human Rights At Home: Domestic Violence As A Human Rights Violation, Caroline Bettinger-López
Articles
No abstract provided.
A (My)Space Of One's Own: On Privacy And Online Social Networks, Patricia S. Abril
A (My)Space Of One's Own: On Privacy And Online Social Networks, Patricia S. Abril
Articles
No abstract provided.
Why Refugee Law Still Matters, James C. Hathaway
Why Refugee Law Still Matters, James C. Hathaway
Articles
I am concerned that the singular importance of international refugee law is profoundly misunderstood. My more specific worry is that erroneous and competing claims by governments and the refugee advocacy community about the structure and purpose of refugee law threaten its continuing ability to play a truly unique human rights role at a time when no meaningful alternative is in sight.
A Cuban Connection: Edwin F. Atkins, Charles Francis Adams, Jr., And The Former Slaves Of Soledad Plantation, Rebecca J. Scott
A Cuban Connection: Edwin F. Atkins, Charles Francis Adams, Jr., And The Former Slaves Of Soledad Plantation, Rebecca J. Scott
Articles
Edwin F. Atkins and Charles Francis Adams, Jr., stand out on this stage not as major players but as a particularly intriguing Boston connection. Among the truly major players, planters like Juli?n Zulueta and the Count of Casa More owned hundreds of slaves and shaped Spanish policy. On the Cuban nationalist side, few could equal the impact of Antonio Maceo, the mulato insurgent general who insisted on full emancipation at the end of the 1868-1878 war, or the thousands of rebels who fought under the orders of rebel generals Maceo and Maximo Gomez. As the master of some ninety-five patrocinados …
Can We Compare Evils? The Enduring Debate On Genocide And Crimes Against Humanity, Steven R. Ratner
Can We Compare Evils? The Enduring Debate On Genocide And Crimes Against Humanity, Steven R. Ratner
Articles
A look back at the twentieth century reveals that the most critical steps in the criminalization of mass human rights constituted the academic work of Raphel Lemkin and his conceptualization of genocide; the International Military Tribunal Charter’s criminalization of crimes against humanity and the trials that followed; and the conclusion and broad ratification of the Genocide Convention. The Convention was the first treaty since those of slavery and the “white slave traffic” to criminalize peacetime actions by a government against its citizens. Since that time, customary international law has recognized the de-coupling of crimes against humanity from wartime.
Why Sudan? Ambiguous Identities Forge Persistent Conflict, Laura Nyantung Beny
Why Sudan? Ambiguous Identities Forge Persistent Conflict, Laura Nyantung Beny
Articles
The following essay is excerpted from the prospectus for Perspectives on Genocide and Genocidal Violence in the Sudan, edited by Law School Assistant Professor Laura N. Beny, Sondra Hale of UCLA, and Lako Tongun of Claremont Colleges, California. The book is under advance contract for publication by the University of Michigan Press. Its 14 chapters, written by prominent historians, anthropologists, social scientists, political leaders, and others, “tell overlapping stories about the social constructions of race, gender, culture, and religious and political loyalties, each of which underlies the longstanding conflict” in Sudan, according to Beny, whose essay in the book is …
Global Health And Human Rights Imperative, Patricia C. Kuszler
Global Health And Human Rights Imperative, Patricia C. Kuszler
Articles
Open any magazine, click on a television news channel, or surf the net and you are likely to find global health highlighted as one of the foremost challenges of new millennium. First, this article will consider the meaning and measures of global health and detail the path to improved health and development prescribed by the United Nations Millennium Development Goals. Second, it will trace the development of international human rights law as it relates to health. Third, it demonstrate how human rights and health, long traversing parallel routes, are in fact converging in the 21st Century quest for global health–a …
Refugee Solution, Or Solutions To Refugeehood?, James C. Hathaway
Refugee Solution, Or Solutions To Refugeehood?, James C. Hathaway
Articles
This is the text of a lecture delivered by James C. Hathaway in London in October 2006 to mark the twenty-fifth anniversary of the founding of Jesuit Refugee Service. The lecture was sponsored jointly by the Centre for the Study of Human Rights, London School of Economics; the Heythrop Institute for Religion, Ethics, and Public Life; and Jesuit Refugee Service (UK).
Public Rights And Private Commerce: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott
Public Rights And Private Commerce: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott
Articles
Tracing the history of a family across three generations, from enslavement in eighteenth-century West Africa through emancipation during the Haitian Revolution and subsequent resettlement in New Orleans, then France, then Belgium, can shed light on phenomena that are Atlantic in scope. A business letter written in 1899 by the cigar merchant Edouard Tinchant to General Máximo Gómez in Cuba frames an inquiry that opens out onto a family itinerary that spanned the long nineteenth century. Rosalie Vincent’s achievement of freedom in the shadow of slavery in Saint-Domingue in 1793–1803 can be seen as linked to her grandson Edouard Tinchant’s participation …
Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer
Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer
Articles
No abstract provided.
The False Panacea Of Offshore Deterrence, James C. Hathaway
The False Panacea Of Offshore Deterrence, James C. Hathaway
Articles
Governments take often shockingly blunt action to deter refugees and other migrants found on the high seas, in their island territories and in overseas enclaves. There is a pervasive belief that when deterrence is conducted at arms-length from the homeland it is either legitimate or, at the very least, immune from legal accountability.
Refugees' Human Rights And The Challenge Of Political Will, James C. Hathaway
Refugees' Human Rights And The Challenge Of Political Will, James C. Hathaway
Articles
Governments in all parts of the world are withdrawing in practice from meeting the legal duty to provide refugees with the protection they require. While states continue to proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, many appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source of enhanced operational flexibility in the face of changed political circumstances. For refugees themselves, however, the increasingly marginal relevance of international refugee law has …
Peoples' Tribunals: Legitimate Or Rough Justice, Christine M. Chinkin
Peoples' Tribunals: Legitimate Or Rough Justice, Christine M. Chinkin
Articles
The article examines the use of Peoples' Tribunals in seeking access to justice where none has been possible through more formal methods. It uses as illustration the Women's International War Crimes Tribunal that sought justice for the so-called comfort women, the primarily Asian women who were subjected to sexual slavery by the Japanese military before and during World War Two. The article briefly recounts the fate of the comfort women and then considers the legal and practical obstacles they faced in accessing justice at the end of the War. It outlines how towards the end of the 20th century the …
What Does "Religion" Mean In The Public Square?, Marci A. Hamilton
What Does "Religion" Mean In The Public Square?, Marci A. Hamilton
Articles
No abstract provided.
Mcgoliath V. David: The European Court Of Human Rights Recent Equality Of Arms Decision, Monique C. Lillard
Mcgoliath V. David: The European Court Of Human Rights Recent Equality Of Arms Decision, Monique C. Lillard
Articles
No abstract provided.
Who Needs Freedom Of Religion?, James W. Nickel
Who Needs Freedom Of Religion?, James W. Nickel
Articles
This article proposes that we view freedom of religion as a specific application area of more general basic liberties such as freedoms of thought, expression, association, assembly, movement, privacy, political participation, and economic activity. Separate enumeration of freedom of religion in national and international bills of rights may be useful, but it is not indispensable. In this respect freedom of religion is more like scientific freedom or artistic freedom than like freedom of expression. Recognizing that separate enumeration of freedom of religion is dispensable has salutary consequences for how we conceive and justify freedom as it applies to religion. First, …
The Right Of States To Repatriate Former Refugees, James C. Hathaway
The Right Of States To Repatriate Former Refugees, James C. Hathaway
Articles
Armed conflict often results in the large-scale exodus of refugees into politically and economically fragile neighboring states. The burdens on asylum countries can be extreme, and may only be partly offset by the arrival of international aid and protection resources. Moreover, difficulties inherent in the provision of asylum have been exacerbated in recent years by the increasing disinclination of the wealthier countries that fund the United Nations High Commissioner for Refugees (UNHCR) and most other assistance agencies to meet the real costs of protection. In such circumstances, it is unsurprising that as conflicts wind down, host countries ordinarily seek to …
Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks
Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks
Articles
Linguistic ambiguity in the refugee definition's requirement of "well-founded fear" of being persecuted has given rise to a wide range of interpretations. There is general agreement that a fear is "well-founded" only if the refugee claimant faces an actual, forward-looking risk of being persecuted in her country of origin (the "objective element"). But it is less clear whether the well-founded "fear" standard also requires a showing that the applicant is not only genuinely at risk, but also stands in trepidation of being persecuted. Beyond vague references to the subjective quality of "fear," few courts or commentators have undertaken the task …
Do Constitutions Requiring Adherence To Shari`A Threaten Human Rights? How Egypt’S Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown
Do Constitutions Requiring Adherence To Shari`A Threaten Human Rights? How Egypt’S Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown
Articles
Over the last thirty years, a number of Muslim countries, including most recently Afghanistan and Iraq, have adopted constitutions that require the law of the state to respect fundamental Islamic legal norms. What happens when countries with a secular legal system adopt these "constitutional Islamization" provisions? How do courts interpret them? This article will present a case study of constitutional Islamization in one important and influential country, Egypt. In interpreting Egypt's constitutional Islamization provision, the Supreme Constitutional Court of Egypt has interpreted Shari'a norms to be consistent with international human rights norms and with liberal economic policies. The experience of …
Alvarez-Machain Ii: The Supreme Court's Reliance On The Non-Self-Executing Declaration In The Senate Resolution Giving Advice And Consent To The International Covenant On Civil And Political Rights, Malvina Halberstam
Articles
No abstract provided.
Beware Of Lawyers Bearing Gifts:A Critical Evaluation Of The Proposals On Fundamental Rights In The Draft Constitutional Treaty., Stephen Carruthers
Beware Of Lawyers Bearing Gifts:A Critical Evaluation Of The Proposals On Fundamental Rights In The Draft Constitutional Treaty., Stephen Carruthers
Articles
The article assesses how far the provisions on fundamental rights contained in the draft Treaty Establishing a Constitution for Europe advance the objectives of promotion of the rule of law, transparency, a balanced relationship between the Union and national legal orders, and effective judicial redress. Argues that while the proposed accession of the Union to the European Convention on Human Rights 1950 and incorporation of the Charter of Fundamental Rights of the European Union 2000, notwithstanding justiciability problems, deserve support, the retention of the general principles of law as a source of fundamental rights and the suggested amendments to the …
A Positive Right To Protection For Children, Tamar Ezer
A Positive Right To Protection For Children, Tamar Ezer
Articles
Concepts that are useful in other areas of human rights break down in the context of children. Because children are dependent on adults for their development, they are an anomaly in the liberal legal order, which views negative rights as implying fully rational, autonomous individuals that can exercise free choice. This Article argues for a positive right to protection for children, rooted in dignity, by probing the problematic nature of the positive/negative rights duality and exploring alternate legal approaches to protecting children 's rights in both international and comparative law. The adoption of positive rights for children would help assure …
Degrees Of Freedom: Building Citizenship In The Shadow Of Slavery, Rebecca J. Scott
Degrees Of Freedom: Building Citizenship In The Shadow Of Slavery, Rebecca J. Scott
Articles
By seeing events in the past as part of a dynamically evolving system with a large, but not indefinite, number of degrees of freedom, we can turn our attention to the multiple possibilities for change, and to the ways in which societies that are initially similarly situated may go on to diverge very sharply. Thus it is, I will argue, with societies in the 19th century that faced the challenge of building citizenship on the ruins of slavery.
Beware Of Lawyers Bearing Ggifts: A Critical Evaluation Of The Report Of Wg Ii To The European Convention On Incorporation Of The Eu Charter Of Fundamental Rights And Accession To The European Convention Of Human Rights., Stephen Carruthers
Articles
This article undertakes a critical analysis of the fundamental rights provisions of the draft Treaty establishing a Constitution for Europe as presented to the President of the European Council in Rome on 18 July 2003, and in particular the Articles in Parts I and II of the draft Constitution incorporating proposals made in the final Report of Working Group II on “Incorporation of the Charter/Accession to the ECHR”.
Gacaca Courts: The Hope For Reconciliation In The Aftermath Of The Rwandan Genocide, Maureen Laflin
Gacaca Courts: The Hope For Reconciliation In The Aftermath Of The Rwandan Genocide, Maureen Laflin
Articles
No abstract provided.
What's In A Label?, James C. Hathaway
What's In A Label?, James C. Hathaway
Articles
One of the most striking features of the international refugee regime as it has evolved over the last quarter century is the proliferation of labels. Rather than simply assessing the circumstances of applicants against the Convention refugee definition, the governments of most developed states have instead invented a seemingly endless list of alternative statuses - "B" status, humanitarian admission, temporary protected status, special leave to remain, Duldung, and the like. Persons assigned one of these labels have generally been protected against refoulement in line with Article 33 of the Refugee Convention. But in a variety of other ways, they have …
Gender, Human Rights, And Peace Agreements, Christine M. Chinkin
Gender, Human Rights, And Peace Agreements, Christine M. Chinkin
Articles
I would first like to thank the organizers for the very great honor of being asked to present the annual Schwartz Lecture in 2002. It is especially apposite to discuss issues of international peace agreements in Ohio, not far from Dayton which is famous as the location of the process that brought an end to the war in Bosnia-Herzegovina. However this lecture is going to examine issues that were not explored at Dayton, that is, some relationships between gender, peace agreements, and international human rights. In addition, because the function of peace agreements in today's world has become the broader …
Nearest To Legitimacy: Justice White And Strict Rational Basis Scrutiny, Michael Herz
Nearest To Legitimacy: Justice White And Strict Rational Basis Scrutiny, Michael Herz
Articles
No abstract provided.
Never Trust A Corporation, William Wilson Bratton
Never Trust A Corporation, William Wilson Bratton
Articles
I would like to start by noting multitudinous objections to assertions made in Larry Mitchell's Corporate Irresponsibility: America's Newest Export. But I waive these points for purposes of this Symposium. I would prefer to take the occasion to celebrate the book. So I will make two points on the subject of corporate social responsibility on which the book and I stand in complete accord.