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Human Rights Law Commons

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2001

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Articles 31 - 60 of 164

Full-Text Articles in Human Rights Law

A Critique Of Proposals To Amend The Foreign Sovereign Immunities Act To Allow Suits Against Foreign Sovereigns For Human Rights Violations, Ismael Diaz Apr 2001

A Critique Of Proposals To Amend The Foreign Sovereign Immunities Act To Allow Suits Against Foreign Sovereigns For Human Rights Violations, Ismael Diaz

University of Miami Inter-American Law Review

No abstract provided.


Paraguay's Archive Of Terror: International Cooperation And Operation Condor, Katie Zoglin Apr 2001

Paraguay's Archive Of Terror: International Cooperation And Operation Condor, Katie Zoglin

University of Miami Inter-American Law Review

No abstract provided.


Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann Apr 2001

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

Scholarly Works

These remarks were presented on February 24, 2001, in a panel concluding a conference entitled "Holding Multinational Corporations Responsible Under International Law" at Hastings College of the Law, San Francisco, California.


Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer Apr 2001

Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer

Law Faculty Articles and Essays

Human rights protection needs teeth. And those who work in the disparate field of human rights need to see the system more comprehensively and strategically. Far too often, political issues interfere with enforcement of human rights laws and allow violators to hide behind the unwillingness of national governments to take action to enforce existing laws against human rights violators. Lack of commitment to human rights enforcement or timely preventative or intervention actions have led to violators being left unpunished for torture, rape and genocide. This failure of governments means that there is a lack of deterent power sufficient to inhibit …


Neglected Stories And Civic Space, Peggy Cooper Davis Apr 2001

Neglected Stories And Civic Space, Peggy Cooper Davis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The International Law Of Torture: From Universal Proscription To Effective Application And Enforcement, Winston P. Nagan, Lucie Atkins Apr 2001

The International Law Of Torture: From Universal Proscription To Effective Application And Enforcement, Winston P. Nagan, Lucie Atkins

UF Law Faculty Publications

This Article presents a comprehensive review of world torture and the efforts to eradicate it through both official and unofficial strategies of intervention, with special emphasis on the legal strategies. This Article recognizes the complexity of these strategies as they form a vast number of initiatives emerging from various elements of the international community. Part II of the Article touches on matters of definition and legal history. This enables the examination of the inherent characteristics of torture as they impact issues of governance, social control, and principles of basic respect and human dignity. Part III examines the efforts to universally …


"When We Sit To Judge We Are Being Judged" The Israeli Gss Case, Ex Parte Pinochet And Domestic/ Global Deliberation, Amnon Reichman Apr 2001

"When We Sit To Judge We Are Being Judged" The Israeli Gss Case, Ex Parte Pinochet And Domestic/ Global Deliberation, Amnon Reichman

Cardozo Journal of International and Comparative Law

Through analysis of two recent cases, one Israeli and one British, this article advances a deliberative paradigm with which to understand emerging global, meta-constitutional norms, such as the prohibition against torture, enforced through transnational adjudication. More specifically, this article suggests that deliberation between the three branches of government, central to the concept of constitutional democracy, is not confined to the boundaries of the nation-state; rather, the development of jus cogens norms coupled with universal jurisdiction in domestic courts ensures that such deliberation crosses national jurisdictions. This development allows, for example, for domestic courts to review, and be reviewed by, foreign …


Chinese Population Transfer In Tibet, John S. Hall Apr 2001

Chinese Population Transfer In Tibet, John S. Hall

Cardozo Journal of International and Comparative Law

The note examines the impact of China's population transfer policies in Tibet since the 1950 invasion, arguing that these policies have led to the marginalization of Tibetans, significant environmental degradation, and human rights abuses. It explores various legal and diplomatic strategies to address these issues, including the Dalai Lama's Five Point Plan, human rights law, environmental law, and international negotiations.


Editor's Note, Melanie M. Lee Apr 2001

Editor's Note, Melanie M. Lee

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Un/Re/Dis Covering Slave Breeding In Thirteenth Amendment Jurisprudence, Pamela D. Bridgewater Apr 2001

Un/Re/Dis Covering Slave Breeding In Thirteenth Amendment Jurisprudence, Pamela D. Bridgewater

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Sexual Abuse Against Women In Prison, Brenda V. Smith Apr 2001

Sexual Abuse Against Women In Prison, Brenda V. Smith

Project on Addressing Prison Rape - Articles

One of the by-products of the influx of women into correctional settings has been the emergence of sexual misconduct against women in prison as a major issue for corrections officials and attorneys who represent women. This article advocates for laws criminalizing sexual abuse of women inmates, as well as training to prevent such abuse.


The Rwanda Tribunal: A Critical Assessment, Makau Wa Mutua Apr 2001

The Rwanda Tribunal: A Critical Assessment, Makau Wa Mutua

Other Scholarship

No abstract provided.


Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor Mar 2001

Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the nuances surrounding the use of the death penalty in terrorism cases.


Facilitating Communications And Murder: Operation Condor And United States Complicity, Ibpp Editor Mar 2001

Facilitating Communications And Murder: Operation Condor And United States Complicity, Ibpp Editor

International Bulletin of Political Psychology

This article explores levels of United States Government (USG) complicity during the late 1970s in the murder of individuals alleged to have been left-wing opponents of South American, right-wing, authoritarian governments.


Human Rights And Business Ethics: Fashioning A New Social Contract, Wesley Cragg Mar 2001

Human Rights And Business Ethics: Fashioning A New Social Contract, Wesley Cragg

New England Journal of Public Policy

The author speaks about the social contract which is a general understanding of respective responsibilities in complex societies and traces its impact from the Declaration of Independence to more recent times.


Trends. Politically Incorrect On Human Rights: The 2000 Country Reports On Human Rights Practices, Ibpp Editor Mar 2001

Trends. Politically Incorrect On Human Rights: The 2000 Country Reports On Human Rights Practices, Ibpp Editor

International Bulletin of Political Psychology

The United States (US) Department of State publicly released the 2000 Country Reports on Human Rights Practices on February 26, 2001. As usual, it provides information as both fact and opinion on how human rights are upheld and violated in almost all countries and territories throughout the world. And as usual it provides two types of politically incorrect controversies.


A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety Mar 2001

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

Cardozo Law Review

No abstract provided.


A Dickensian Era Of Religious Rights: An Update On Religious Human Rights In Global Perspective, John Witte Jr. Mar 2001

A Dickensian Era Of Religious Rights: An Update On Religious Human Rights In Global Perspective, John Witte Jr.

William & Mary Law Review

No abstract provided.


Left Over Rights, Daria Roithmayr Mar 2001

Left Over Rights, Daria Roithmayr

Cardozo Law Review

No abstract provided.


Whither The Accountability Theory: Second-Class Status For Third-Party Refugees As A Threat To International Protection, Jennifer Moore Jan 2001

Whither The Accountability Theory: Second-Class Status For Third-Party Refugees As A Threat To International Protection, Jennifer Moore

Faculty Scholarship

This article cautions that the accountability theory strikes at the very heart of international protection, by threatening the international consensus underlying the provision of asylum to refugees. Part 2 presents a conceptual analysis of the accountability theory and its fundamental inconsistency with the principle of refugee protection. This philosophical approach is followed in Part 3 by a pragmatic examination of the impact of the accountability theory in the context of a regional burden-sharing regime that allows a European State, under certain circumstances, to return an asylum seeker to the country of first asylum. Part 3 concentrates on two asylum cases …


The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley Jan 2001

The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley

Richmond Journal of Global Law & Business

The place of labor standards in the global economy has figured prominently in recent discussions of trade and globalization. Labor standards figured prominently in the Seattle meeting of the World Trade Organization (WTO) in 1999, and they promise to figure prominently in discussions about a proposed Free Trade Area of Americas (FTAA). Labor standards represent a critical issue for both the American labor movement and the international trade union movement as they are central to making globalization work for working people.


The Workers In The Globalized Economy: The European Way To The Foundation And Enforcement Of The Social Rights, Maurizio Del Conte Jan 2001

The Workers In The Globalized Economy: The European Way To The Foundation And Enforcement Of The Social Rights, Maurizio Del Conte

Richmond Journal of Global Law & Business

In recent years, a new term has spread like wildfire to become a catch-all word in a regions of the world-globalization. The word i ubiquitous, splashed in newspapers, dissected in essays and academic journals, bandied at symposiums, quizzed by the man in the street and shouted against by parching protesters.


Understanding The "Understanding": Federalism Constraints On Human Rights Implementation, Brad R. Roth Jan 2001

Understanding The "Understanding": Federalism Constraints On Human Rights Implementation, Brad R. Roth

Law Faculty Research Publications

No abstract provided.


The Optional Protocol To The Women's Convention: An Argument For Ratification, Heidi Gilchrist Jan 2001

The Optional Protocol To The Women's Convention: An Argument For Ratification, Heidi Gilchrist

Faculty Scholarship

No abstract provided.


In The Wake Of Crosby V. National Foreign Trade Council: The Impact Upon Selective Purchasing Legislation Throughout The United States, 34 J. Marshall L. Rev. 827 (2001), Ako Miyaki-Murphy Jan 2001

In The Wake Of Crosby V. National Foreign Trade Council: The Impact Upon Selective Purchasing Legislation Throughout The United States, 34 J. Marshall L. Rev. 827 (2001), Ako Miyaki-Murphy

UIC Law Review

No abstract provided.


From Noriega To Pinochet: Is There An International Moral And Legal Right To Kidnap Individuals Accused Of Gross Human Rights Violations?, Sherri L. Burr Jan 2001

From Noriega To Pinochet: Is There An International Moral And Legal Right To Kidnap Individuals Accused Of Gross Human Rights Violations?, Sherri L. Burr

Faculty Scholarship

This article concerns the moral conceptions of justice and whether there should be an international legal right to kidnap individuals accused of gross human rights violations, and whether they should be brought before national and international judicial forums. This focus is based around the case of Dr. Humberto Alvarez Machain, a Mexican citizen, who was kidnapped from his medical office in Guadalajara, Mexico, at the behest of United States Drug Enforcement Agents (DEA) in 1990.


J. Shand Watson's Theory And Reality In The International Protection Of Human Rights, Makau Wa Mutua Jan 2001

J. Shand Watson's Theory And Reality In The International Protection Of Human Rights, Makau Wa Mutua

Book Reviews

No abstract provided.


Point: The Palestinians' Right Of Return, Hussein Ibish, Ali Abunimah Jan 2001

Point: The Palestinians' Right Of Return, Hussein Ibish, Ali Abunimah

Human Rights Brief

No abstract provided.


China’S Three Gorges: The Impact Of Dam Construction On Emerging Human Rights, Sarah C. Aird Jan 2001

China’S Three Gorges: The Impact Of Dam Construction On Emerging Human Rights, Sarah C. Aird

Human Rights Brief

No abstract provided.


News From The Inter-American System, Ismene Zarifis Jan 2001

News From The Inter-American System, Ismene Zarifis

Human Rights Brief

No abstract provided.