Human Rights Law Commons^™

Female Genital Mutilation: Marked By Tradition, Isabel Coello

Cardozo Journal of International and Comparative Law

The article examines the pervasive issue of female genital mutilation (FGM), a practice deeply rooted in cultural and religious traditions, which perpetuates gender-based violence and discrimination. It highlights the failure of many governments to effectively implement international human rights treaties to eradicate FGM, despite its severe physical and psychological consequences. The analysis focuses on legal challenges, recent court cases in Spain and France, and the growing recognition of FGM as grounds for political asylum, emphasizing the need for stronger international and domestic policies to protect women's rights.

Combating Domestic Violence Through Positive International Action In The International Community And In The United Kingdom, India, And Africa, Subrata Paul

Cardozo Journal of International and Comparative Law

The article examines the global efforts to combat domestic violence, highlighting the role of international actions and specific initiatives in the United Kingdom, India, and Africa. It emphasizes the importance of legal reforms, awareness campaigns, and the involvement of women's organizations in addressing this issue. The analysis underscores the slow but significant progress made, stressing that societal change is essential for eradicating domestic violence.

Women, Violence, And Gang Rape In Indonesia, Rudiah Primariantari

Cardozo Journal of International and Comparative Law

The article argues that the gang rapes of Chinese women during the May 1998 Jakarta riots were not spontaneous acts of violence but rather a deliberate strategy of political control and terror. It critiques the Indonesian government's denial and cover-up of these crimes, as well as its efforts to discredit human rights investigations. The analysis highlights how rape was used as a tool to instill fear and maintain power, while the government prioritized protecting its elite interests over justice and accountability.

Cannibal Democracies, Theocratic Secularism: The Turkish Version, Edip Yuksel

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

The article critically examines Turkey's democratic framework, arguing that its version of democracy diverges significantly from Western models due to its unique interpretation of secularism and the disproportionate influence of the military and political elite. The analysis highlights how the Turkish Constitutional Court's frequent banning of political parties, particularly the Welfare Party in 1998, undermines democratic processes and often leads to authoritarian governance. The article contends that Turkey's Constitution, drafted under military supervision, lacks political legitimacy and contains provisions that restrict individual and group rights, perpetuating a system of oligarchy and …

Commentaries, Paul Magnarella

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

Commentaries, William Pfaff

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

The Alien Tort Claims Act And The Foreign Sovereign Immunities Act: A Policy Solution, Marc Rosen

Cardozo Journal of International and Comparative Law

The note examines the evolution and effectiveness of the Alien Tort Claims Act (ATCA) and related legislation, such as the Antiterrorism and Effective Death Penalty Act (AEDPA), in addressing human rights violations. It argues that while the ATCA has been a groundbreaking tool for litigating human rights abuses, its implementation has been inconsistent and often undermined by subsequent laws like the AEDPA, which fails to adequately account for international law obligations. The analysis highlights the tension between U.S. domestic law and global human rights standards, concluding that the AEDPA is flawed as a human rights enforcement mechanism and proposes a …

Trade Conditionality And The Crane Bill: Rewarding Caribbean Basin Nations For Human Rights Failures, Andrew Bittens

Cardozo Journal of International and Comparative Law

The note critically examines the Caribbean Basin Trade Security Act, or the Crane Bill, highlighting its omission of workers' rights provisions despite the region's history of labor violations. It argues that without enforceable labor standards, the bill may exacerbate poor working conditions. The analysis reviews historical U.S. trade policies like CBERA and GSP, which have failed to improve workers' rights due to vague provisions and weak enforcement. The note proposes integrating a robust workers' rights agreement into the Crane Bill, modeled on international labor standards, to ensure fair trade practices and protect workers.

The Yugoslav Crisis: Challenge For A New Theory Of Federalism, Thomas Fleiner

Cardozo Journal of International and Comparative Law

The article addresses the violent ethnic conflicts in the former Yugoslavia, highlighting the challenges these conflicts pose to traditional notions of state sovereignty and democracy. It argues that the modern state concept, based on majority rule and the social contract, is inadequate for resolving ethnic conflicts. The author proposes rethinking sovereignty and constitutional frameworks to accommodate ethnic diversity, emphasizing shared sovereignty and consensual decision-making to prevent further violence and ensure peaceful coexistence.

A Human Rights Perspective In The Broadcasting Bill Debate, Mark N. Templeton

Cardozo Journal of International and Comparative Law

The article critiques the Broadcasting Bill, 1997, in India for neglecting the fundamental right of citizens to seek, receive, and impart information, as guaranteed by the Indian Constitution, the Indian Supreme Court, and international human rights treaties like the ICCPR. It argues that the Bill’s restrictions on ownership and content regulation may infringe upon freedom of expression and diversity of information. The analysis advocates for a human rights approach to broadcasting legislation, emphasizing the importance of balancing private and public interests while adhering to constitutional and international standards.

Emerging South Africa: Human Rights Responses In The Postapartheid Era, Karen Cavanaugh

Cardozo Journal of International and Comparative Law

The note examines South Africa's transition from apartheid to democracy, focusing on the role of the Truth and Reconciliation Commission (TRC) in addressing past human rights violations. It highlights the challenges of balancing truth, justice, and reconciliation while establishing a human rights culture. The TRC's success is seen as pivotal for national unity and democracy, with international support playing a key role in this process.

The Good Polity Today Constituting Law And Society After The Cold War, Graham Walker

Cardozo Journal of International and Comparative Law

The article explores the challenges of constructing a just and livable political society in the post-Cold War era, focusing on the tension between the global aspiration for liberal democracy and the resurgence of ethnic, religious, and moral claims. It examines how these competing forces shape political reconstruction and the search for a "good polity," emphasizing the need to learn from contemporary experiences and theoretical reflections.

The Good Or Goodnesses Of Polity And Polities À La Liberalism: Plurality Rather Than Unicity, Singularity Beyond Plurality, Richard E. Flathman

Cardozo Journal of International and Comparative Law

The article critiques traditional liberal pluralism, arguing that it often overlooks the importance of singularity—the unique, self-enacted individuality beyond mere diversity. It advocates for a "willful liberalism" that emphasizes individual freedom and the pursuit of self-defined goals, moving beyond both rationalist uniformity and communitarian group identities. This form of liberalism seeks to balance diversity with a deeper appreciation for individual uniqueness, guided by virtues like civility and courage.

Darkness In The Land Of The Rising Sun: How The Japanese Discriminate Against Ethnic Koreans Living In Japan, Paul E. Kim

Cardozo Journal of International and Comparative Law

The note examines the systemic discrimination faced by ethnic Koreans in Japan, rooted in historical, legal, and social structures. It argues that despite constitutional guarantees of equality, the Japanese judiciary and government perpetuate discrimination through restrictive nationality laws, naturalization processes, and the failure to enforce international human rights treaties effectively. The note advocates for legal reforms and international pressure to address these issues and ensure equal rights for ethnic minorities.

¿Y Qué Paso? ("And Then What Happened?"): The Plight Of Cuban Detainees At Guantanamo Bay, David Gavilan

Cardozo Journal of International and Comparative Law

The note argues that Cuban detainees at Guantanamo Bay possess cognizable statutory and constitutional rights under U.S. law, particularly under the First and Fifth Amendments, and that legal organizations have a First Amendment right to access and consult with these detainees. It challenges the government's position that these rights do not apply extraterritorially, asserting that Guantanamo's unique legal status under U.S. jurisdiction necessitates the protection of these rights.

Canada's Charter: Rights Protection In The Cultural Mosaic, Lorraine Weinrib

Cardozo Journal of International and Comparative Law

The Canadian Charter of Rights and Freedoms, enacted in 1982, was a transformative constitutional document designed to deepen Canada's commitment to liberal democracy by recognizing a multi-faceted rightholder embedded in both individual and community identities. It aimed to balance diverse cultural, linguistic, and ethnic interests, particularly addressing Quebec's distinct identity while promoting a unified Canadian identity. However, the Charter's implementation and interpretation have been marked by ongoing political and legal challenges, particularly in Quebec, where it has been both a tool for asserting minority rights and a focal point for separatist movements.

Agape, Civil Society And The Task Of Social Reconstruction, Karol E. Soltan

Cardozo Journal of International and Comparative Law

The article argues that while institutional reforms are crucial for societal transition, the transformation of mentalities is equally important for achieving a truly good society. It emphasizes that mentalities, particularly "agape" (a form of care and love for improvement), play a significant role in fostering a society capable of continuous improvement. The analysis critiques the idea that institutions alone can create a good society and advocates for a balanced approach that includes both institutional and mental development.

Human Rights, International Law, And Domestic Courts, Edward D. Re

Cardozo Journal of International and Comparative Law

The article explores the role of domestic courts, particularly in the United States, in enforcing international human rights norms and the challenges posed by sovereign immunity. It argues that U.S. courts should give greater effect to international legal norms, especially in cases involving human rights violations by foreign states. The analysis critiques the U.S. Supreme Court's narrow interpretation of the Foreign Sovereign Immunities Act (FSIA) in Saudi Arabia v. Nelson and advocates for a more expansive approach to ensure accountability for human rights abuses.

The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi

Cardozo Journal of International and Comparative Law

The new Russian Constitution incorporates a comprehensive catalogue of human rights, largely mirroring international standards and Western democracies, while retaining elements influenced by Soviet tradition. It rejects the socialist notion that rights are state-granted, declaring them inalienable and innate. However, the Constitution’s effectiveness in protecting these rights remains uncertain, as its success hinges on the judiciary’s ability to enforce them independently, despite historical weaknesses and ongoing concerns about judicial autonomy.

Per Humanitatem Ad Pacem: International Humanitarian Norms As A Jurisprudence Of Peace In The Former Yugoslavia, Mark R. Von Sternberg

Cardozo Journal of International and Comparative Law

No abstract provided.

Bosnia-Herzegovina: A Case Study Of Anarchy In The Third World, Alex N. Dragnich

Cardozo Journal of International and Comparative Law

The article examines the historical and political roots of the Bosnian conflict within the broader context of Yugoslavia's dissolution. It argues that the West, particularly Germany and Austria, mismanaged the crisis by prematurely recognizing the secession of Slovenia, Croatia, and Bosnia, which exacerbated the conflict. The analysis critiques the international community's failure to consider Serbia's historical and legal claims, as well as its misinterpretation of the conflict as a simple struggle for democracy rather than a complex ethnic and political dispute. The author contends that Western policies ignored Serbian fears rooted in World War II atrocities and the perceived threat …

The Legality Of Humanitarian Intervention, Malvina Halberstam

Cardozo Journal of International and Comparative Law

The article argues that humanitarian intervention, defined as the use of force by one state in another's territory to protect individuals from imminent death or injury when the host state cannot or will not act, is lawful under customary international law and not prohibited by the UN Charter. The author advocates for a narrow definition to ensure legitimacy and prevent misuse, emphasizing that such intervention should remain permissible even without UN Security Council authorization.

Never Again? The "Concentration Camps" In Bosnia-Herzegovina: A Legal Analysis Of Human Rights Abuses, Alan C. Laifer

Cardozo Journal of International and Comparative Law

The note draws parallels between the atrocities committed during the Holocaust and the ongoing violence in Bosnia, emphasizing the need for international accountability. It advocates for the establishment of a War Crimes Tribunal, modeled after the Nuremberg Tribunal, to prosecute individuals responsible for genocide and other war crimes. The analysis critiques the international community’s inaction and underscores the importance of upholding international law to prevent future atrocities.