Human Rights Law Commons^™

Technological Advancement And International Human Rights: Is Science Improving Human Life Or Perpetuating Human Rights Violations?, Christine A. Khalili-Borna

Michigan Journal of International Law

This Note assesses the practices of pre-implantation and prenatal genetic screening and sex-determination through an international human rights framework founded in the Universal Declaration of Human Rights (Universal Declaration), the Convention on the Rights of the Child (CRC), and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Responsibility To Pay: Compensating Civilian Casualties Of War, Jonathan Tracy

Human Rights Brief

No abstract provided.

The Empty U.S. Chair: United States Nonparticipation In The Negotiations On The Definition Of Aggression, Garth Schofield

Human Rights Brief

No abstract provided.

Private Finance, Social Responsibility, And Transitional Justice: The Case For South African Reconciliation And Development, Daniel D. Bradlow

Human Rights Brief

No abstract provided.

International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng

Human Rights Brief

No abstract provided.

Updates From The Regional Human Rights Systems, Natalie M. Huls, Sara Ramey

Human Rights Brief

No abstract provided.

United Nations Update, Brent D. Hessel

Human Rights Brief

No abstract provided.

Ngo Update, Julie A. Gryce

Human Rights Brief

No abstract provided.

The U Visa Unveiled: Immigrant Crime Victims Freed From Limbo, Jessica Farb

Human Rights Brief

No abstract provided.

The Doctrine Of The Inter-American Court Of Human Rights Regarding States' Duty To Punish Human Rights Violations And Its Dangers, Fernando Felipe Basch

American University International Law Review

No abstract provided.

A Prisoners' Charter? Reflections On Prisoner Litigation Under The Canadian Charter Of Rights And Freedoms, Debra Parkes

All Faculty Publications

This paper examines over twenty years of prisoner litigation under the Canadian Charter of Rights and Freedoms, beginning with a brief consideration of the social and political context for prisoners into which the Charter was entrenched in 1982, before moving on to consider a variety of successful and unsuccessful prisoners' Charter claims. The author notes some ways in which the impact of the Charter has been diminished at the prison walls, including through a lack of full and meaningful access by prisoners to courts or other means of independent review of prison decisions and conditions, as well as by the …

Foreign Authority, American Exceptionalism, And The Dred Scott Case, Sarah H. Cleveland

Faculty Scholarship

At least since Alexis de Tocqueville wrote in 1831, the idea that America is distinctive from other nations has permeated much political and social commentary. The United States has been variously perceived as unique in its history, its culture, its national values, its social movements, and its social and political institutions. While the term technically refers only to distinctiveness or difference, "exceptionalism" may have positive or negative aspects – what Harold Koh has called "America's Jekyll-and-Hyde exceptionalism." In the legal realm, claims of exceptionalism have been offered to support what Michael Ingnatieff identifies as "legal isolationism" – or refusal by …

An Ounce Of Prevention: Improving The Preventative Measures Of The Trafficking Victims Protection Act, Takiyah R. Mcclain

Vanderbilt Journal of Transnational Law

Trafficking is a multi-billion dollar industry that affects the lives of millions of people, especially young girls and women. In an effort to combat this issue, the United States enacted the Trafficking Victims Protection Act in 2000. The Act has had some positive effects on the trafficking industry, but its preventative measures overlook or fail to deal sufficiently with some key factors: human rights issues, gender and economic inequalities, and sensationalism of the sex industry.

This Note discusses these three issues and their importance in establishing more effective preventative measures. Additionally, this Note looks to two approaches to trafficking, the …

The Limits Of International Human Rights Law And The Role Of Food Sovereignty In Protecting People From Further Trade Liberalization Under The Doha Round Negotiations, Wenonah Hauter

Vanderbilt Journal of Transnational Law

International free trade agreements under the auspices of the World Trade Organization (WTO) seriously undermine the international human right to adequate food. Conceivably, those deprived should be able to seek redress under Article 11 of the International. Covenant on Economic, Social, and Cultural Rights (ICESCR), which spells out the right to adequate food. Unfortunately, while the concept of the right to adequate food has developed substantially since its inception, its implementation has been slow. It is not a well-developed tool for individuals or the groups representing them to redress harms that will likely result from the current Doha Round negotiations …

Liberalizing Trade In Agriculture And Food Security--Mission Impossible?, Christine Kaufmann, Simone Heri

Vanderbilt Journal of Transnational Law

The Agreement Establishing the World Trade Organization (WTO) foresees that trade should be conducted with a view to raising standards of living. It is undisputed that raising living standards contributes to the implementation of the right to food. Indeed, state parties to the WTO have obligations regarding the right to food not only under the international trade system, but also under the human rights regime. All WTO state parties are bound by customary human rights law, and most have ratified the International Covenant on Economic, Social, and Cultural Rights, of which Article 11 contains the most important codification of the …

Emerging Latina/O Nation And Anti- Immigrant Backlash, Sylvia R. Lazos

Scholarly Works

This foreword is an introduction to the LatCrit XI, Working and Living in the Global Playground: Frontstage and Backstage symposium, convened at William S. Boyd School of Law, in Las Vegas Nevada, during October 2006 and called upon over 150 academics to focus on the impacts of globalization and immigration. At no time has LatCrit's critical approach of interconnecting the structures of inequality, the market forces of globalization, and the cultural hostility towards outsider groups been more relevant.

Backlash against immigrants, particularly Latina/o “illegals,” is on the rise. This Introduction seeks to outline the challenges that the current immigration quandary …

U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This essay, originally prepared for a symposium on Guantanamo and international law, provides an brief overview of the elements that a comprehensive US counterterrorism should encompass. This overview is set against the question of how the US, as the world's superpower, ought to address its international law obligations. The essay then sets that question against the still-further question of what it means to be the superpower in a world that some believe is gradually evolving into a multipolar world, but which is currently a world of a conjoined US-international global system of security.

The essay defends the concept of counterterrorism …

Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Catching Up With The Past: Recent Decisions Of The Inter-American Court Of Human Rights Addressing Gross Human Rights Violations Perpetrated During The 1970-1980s, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Lou Henkin, Transitional Justice And The Prevention Of Genocide, Juan Mendez

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: It's an immense honor and a privilege to have been invited to participate in a tribute to Lou Henkin. Even if that were not the occasion, just the honor of sharing a panel with Judge Barkett and with Dean Koh is enough to overwhelm anybody and it does overwhelm me. I hope you will sympathize with me for having to follow them. It is especially overwhelming because as I look around the room, I see so many people who are much more deserving than I am to be here and to be honored in the way you have honored …

Remarks On Intervention, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Internal Displacement: The Guiding Principles On Internal Displacement-Normative Status, And The Need For Effective Domestic Implementation, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

American Husbandry: Legal Norms Impacting The Production Of (Re)Productivity, Camille Nelson

Scholarly Articles in Law Reviews & Journals

This article concentrates on the normative legal structure that established complete control over female slaves by sanctioning their subjugation to further slaveholders’ profit maximization and social domination. The criminal law sanctioned the rape of slave women, and the legal doctrine of partus sequitur ventrem mandated that the legal status of children born to slave women was determined by the mother’s legal status. The slave master derived an economic benefit from ensuring slave women had as many children as possible. This system ensured that slave women held no legally protected autonomy over their own bodies or over their own offspring.

Such …

Private Finance, Social Responsibility, And Transitional Justice: The Case For South African Reconciliation And Development Bonds, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

International Human Rights And Comparative Mental Disability Law: The Universal Factors, Michael L. Perlin

Articles & Chapters

An examination of comparative mental disability law reveals that there are at least five dominant, universal, core factors that must be considered carefully in any evaluation of the key question of whether international human rights standards have been violated. Each of these five factors is a reflection of the shame that the worldwide state of mental disability law brings to all of us who work in this field. Each is tainted by the pervasive corruption of sanism that permeates all of mental disability law. Each reflects a blinding pretextuality that contaminates legal practice in this area.

These are the factors …

The Rule Of Law And The Military Commission, Stephen J. Ellmann

Articles & Chapters

This essay examines the underlying foundations of the Supreme Court's decision in Hamdan v. Rumsfeld. After laying out many of the features of the conflicting positions taken by the majority and dissents in the case, the article argues that the majority's judgment was by no means determined by the plain meaning of the statutory provisions at issue, nor even by the Steel Seizure framework of overlapping zones of executive and legislative power. Instead, three factors deserve special emphasis. The first is the Court's effort to protect, and catalyze, Congressional authority. The second is the Court's understanding of its own role …

Recognizing A Right To Autonomy For Ethnic Groups Under The African Charter On Human And Peoples’ Rights: Katangese Peoples Congress V. Zaire, Mtendeweka Owen Mhango

Human Rights Brief

No abstract provided.