Human Rights Law Commons^™

Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve

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International refugee law is in crisis. Even as armed conflict and human rights abuse continue to force individuals and groups to flee their home countries, many governments are withdrawing from the legal duty to provide refugees with the protection they require. While governments proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, they 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 for enhanced operational flexibility in the face of changed …

United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam

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No abstract provided.

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

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No abstract provided.

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

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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.

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

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No abstract provided.

Breaking The Cycle Of Despair: Street Children In Guatemala City, Tamara Rice Lave

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No abstract provided.

Legality Of Secessions: The Case Of Eritrea, Minasse Haile

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The article critically examines the legal basis for Eritrea's secession from Ethiopia in 1993, arguing that the secession lacks a solid foundation under international law. It contends that Eritrea's independence does not meet the criteria for self-determination as defined by international instruments, emphasizing that the process was flawed and did not genuinely reflect the will of the Eritrean people. The analysis highlights the international community's opposition to secession to preserve territorial integrity and stability, asserting that Eritrea's secession undermines peace and security in the Horn of Africa.

Jurisprudence And Personality In The Work Of John Rawls, David G. Carlson

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The article argues that John Rawls's concept of the person undergoes a significant shift between A Theory of Justice and Political Liberalism, necessitating a corresponding change in jurisprudence. In A Theory of Justice, Rawls employs a "correlative jurisprudence," where law is determinate, complete, and judges merely apply existing law. This approach is tied to a narrow, passive view of personality, treating individuals as mere loci of liberty and rights. In contrast, Political Liberalism presents a dynamic, contradictory conception of the person as a union of moral capacity and a determinate conception of the good. This shift, the article contends, requires …

Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam

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Self-determination is a slogan that has captured the imagination of people throughout the world. Numerous U.N. General Assembly resolutions have exalted self-determination, often above the fundamental rights specifically provided for in the U.N. Charter. Notwithstanding these resolutions, in practice, self-determination generally has been applied only to the dismemberment of colonial empires. Its universal application is neither possible nor desirable.

In the Arab-Israeli conflict, self-determination was never truly the issue. The conflict has been deliberately transformed into a claim for self-determination as a political tactic designed to gain the support of third world countries in the United Nations. The issues in …

A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave

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No abstract provided.

The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam

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No abstract provided.

Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski

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No abstract provided.

Rawls On Political Community And Principles Of Justice, James W. Nickel

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No abstract provided.

Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile

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The article argues that the failure of economic development strategies in Africa is deeply intertwined with the denial of civil and political rights, particularly for the rural poor. It critiques the "economic rights first" approach, which prioritizes material needs over democratic participation, and contends that such an approach is both principled and practically flawed. The analysis emphasizes that without civil and political rights, development strategies like the Basic Needs Strategy (BNS) are unlikely to succeed, as they require equitable distribution of wealth and benefits, which undemocratic regimes often fail to implement. The article also examines the limitations of both Afro-Marxist …

Introduction, Terrance Sandalow

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The articles that follow, initially presented in 1983 as the thirty-second series of Thomas M. Cooley Lectures, address a subject that has deep roots in the United States' history. Assurances that there would be constitutional protection of what are now called human rights-in the United States, they have more frequently been referred to as civil liberties and civil rights or individual rights and liberties-was a practical condition for the adoption of the Constitution. The belief that such guarantees are of vital importance in maintaining a society that is both free and just has over time become even more deeply embedded …

Human Rights, Stability, And Development In Africa: Some Observations On Concept And Reality, Minasse Haile

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The article examines the challenges of implementing international human rights standards in sub-Saharan Africa, highlighting the tension between human rights and economic development. It argues that while human rights are essential, their realization is impeded by factors such as authoritarian governance, economic disparities, and the legacy of colonialism. The author advocates for a balanced approach that considers these challenges while promoting human rights, emphasizing the need to support pragmatic governance to gradually improve human rights conditions.