Human Rights Law Commons^™

The Duty Of States To Assist Other States In Need: Ethics, Human Rights, And International Law, Lawrence O. Gostin, Robert Archer

O'Neill Institute Papers

This article deals with a foreign policy question of extraordinary importance: What responsibilities do States have to provide economic and technical assistance to other states that have high levels of need affecting the health and life of their citizens? The question is important for a variety of reasons. There exist massive inequalities in health globally, with the result that poorer countries shoulder a disproportionate burden of disease and premature death. While poor countries have by far the greatest ongoing health needs, they also have the least capacity to meet those needs. In addition to the pervasive and debilitating effects of …

Myanmarese Refugees In Thailand: The Need For Effective Protection, Buhm Suk Baek, Gauri Subramanium

Cornell Law School J.S.D. Student Research Papers

This paper deals with the Thai government's policy on refugees with a special focus on refugees from Myanmar. It is designed to give suggestions to international human rights NGOs working in the Thai-Myanmar border areas for the protection of the human rights of Myanmarese refugees. Most international human rights NGOs in this region are lobbying for the Thai government to ratify the Refugee Convention or at the very least, take active steps towards the protection of refugees under customary international law.

This paper is, however, concerned by these NGOs’ reliance on the ratification of the Convention as a solution to …

Amicus Curiae Brief Relating To The Appeal Challenging The Order Of Provisional Detention Of 14 November 2007, Mahdev Mohan, Vinita Mohan

2008 Asian Business & Rule of Law initiative

No abstract provided.

Torture, With Apologies, Thomas P. Crocker

Faculty Publications

No abstract provided.

Enhancing The Role Of Treaty Bodies In Reviewing Reservations To Human Rights Treaties, Mohammed Ali Ahmad Al Nsour

Archived Theses and Dissertations

No abstract provided.

Corporate Re-Colonisation Of The Americas: Indigenous Extinction Through The Trade-Off Of The Individual Against The Collective Right To Property, Kate Burton

Archived Theses and Dissertations

No abstract provided.

I Can't Get No (Just) Satisfaction? An Analysis Of Monetary Awards At The European Court Of Human Rights, Karl Christopher Procaccini

Archived Theses and Dissertations

No abstract provided.

What Is The Current Status Under International Law Of Israeli Tools To Maintain A Majority Jewish State?, Christian Richmond

Archived Theses and Dissertations

No abstract provided.

The Implications Of "Global Warming" For The Development Of A Human Right To Environment, Nevine Amin Sayed Soliman

Archived Theses and Dissertations

No abstract provided.

Like A Virgin? Virginity Testing As Hiv/Aids Prevention: Human Rights Universalism And Cultural Relativism Revisited, Erika George

International & Comparative Law Colloquium Papers

No abstract provided.

Addressing The Global Tragedy Of Needless Pain: Rethinking The United Nations Single Convention On Narcotic Drugs, Allyn L. Taylor

O'Neill Institute Papers

The lack of medical availability of effective pain medication is an enduring and expanding global health calamity. Despite important medical advances, pain remains severely under-treated worldwide, particularly in developing countries. This article contributes to the discussion of this global health crisis by considering international legal and institutional mechanisms to promote wider accessibility to critical narcotic drugs for pain relief.

Is The World Social Forum The Privileged Space For Reinventing Labor As A Global Social Movement?, Waterman

Societies Without Borders

The author highlights how the World Social Forum (WSF), the annual meeting held by members of the anti-globalization or alter-globalization movement, has unexpected consequences for labor. He argues that WSF represents a global pressure-cooker of contemporary progressive and emancipatory social movements and ideas. He believes this is the case for the international trade union and labor movement. He reflects on such matters, including the reasons for distinguishing between progressive and emancipatory, unions and labor.

The Right Of Public Participation In The Law-Making Process And The Role Of The Legislature In The Promotion Of This Right, Karen Czapanskiy, Rashida Manjoo

Faculty Scholarship

In 2006, the South African Constitutional Court found a constitutional right to participate in the legislative process in the case of Doctors for Life, Case CCT 12/05 (decided 17 August 2006). In this article, we argue that, first, legislation is better when legislators are required to invite and attend to public input, and, second, citizenship is better when legislators are required to invite and attend to public input. Doctors for Life puts South Africa on the road to improving both legislation and citizenship. In the United States, this road is largely untraveled. While rejecting traditional representative democracy as an adequate …

Mr. Justice Miller's Clause: The Privileges Or Immunities Of Citizens Of The United States Internationally, David S. Bogen

Faculty Scholarship

Justice Miller’s list in the Slaughter-House Cases of privileges or immunities of citizens of the United States includes a significant number of international ones. This article examines the international dimensions of the Fourteenth Amendment’s privileges or immunities clause. These include the ability to engage in international trade and commerce; the protection of person and property abroad; the rights secured to individual citizens by treaties of the United States; and the privileges and immunities available under customary international law to the extent that the federal government behaves consistently with such rights. In addition to describing the privileges or immunities, the article …

Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody

Scholarly Articles

In the wake of increasing globalization over the past fifty years, international criminal law has transformed from a toothless shadow into a concrete reality; the International Criminal Court is the most recent and impressive institutional accomplishment. Unfortunately, international criminal law has enjoyed this progress on the heels of increasingly horrific international crimes. International adjudicatory institutions have taken many forms and the sentences they deliver have varied widely. In Atrocity, Punishment, and International Law, Mark Drumbl reviews the strides made in international criminal law from the Nuremberg trials through present-day trials, particularly those related to the crimes committed in Rwanda and …

Social Forums - Challenges And New Perspectives, Whitaker

Societies Without Borders

The author challenges the participants of the World Social Forum (WSF), an annual meeting held by members of the anti-globalization or alter-globalization movement, to be reflective about the tradition of the forum and its methodology. He indicates some possibilities that are emerging in relation to the activities to be organized with the 2008 Global Day of action. He argues that even with few participants at the 2008 Forum, it was a big step forward to increase the African civil society political participation and articulation at the continental level.

Richard B. Lillich Memorial Lecture: New Directions In The Struggle Against Human Trafficking, Mark Sidel

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Courting Genocide: The Unintended Effects Of Humanitarian Intervention, Jide Nzelibe

Faculty Working Papers

Invoking memories and imagery from the Holocaust and other German atrocities during World War II, many contemporary commentators and politicians believe that the international community has an affirmative obligation to deter and incapacitate perpetrators of humanitarian atrocities. Today, the received wisdom is that a legalistic approach, which combines humanitarian interventions with international criminal prosecutions targeting perpetrators, will help realize the post-World War II vision of making atrocities a crime of the past. This Article argues, in contrast, that humanitarian interventions are often likely to create unintended, and sometimes perverse, incentives among both the victims and perpetrators of atrocities. The problem …

Construccion Vs. Desarrollo: La Raiz De Nuestros Malentendidos Sobre El Principio De La Vida, Richard Stith

Law Faculty Publications

Este ensayo argumenta que el fracaso de nuestros debates públicos sobre el aborto y la investigación destructora de embriones se debe, en gran parte, no a distintas valoraciones de la vida humana individual sino a distintas concepciones e intuiciones acerca del proceso de gestación. Un grupo lo trata como un proceso de construcción y el otro como un proceso de desarrollo. Se muestra que estos dos incompatibles modelos de reproducción explican las distintas posturas que por lo general se encuentran en los debates sobre la vida. Por último, se examinan las ventajas históricas, teóricas, e intuitivas de cada modelo.

This …

Colombia's Incursion Into Ecuadorian Territory: Justified Hot Pursuit Or Pugnacious Error?, Luz E. Nagle

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Prostituting Peace: The Impact Of Sending State's Legal Regimes On U.N. Peacekeeper Behavior And Suggestions To Protect The Populations Peacekeepers Guard, Alexandra R. Harrington

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Pluralism In Ghana: The Perils And Promise Of Parallel Law, Johanna E. Bond

Scholarly Articles

Many states have recognized that minority groups require accommodation to protect them from domination by the majority. Some states have responded by implementing accommodationist policies that cede jurisdiction over certain matters, such as family law, to the minority group. Many multicultural theorists have embraced accommodation as the best way to protect minority groups from oppression by the state. A number of feminists, however, have raised concerns that these accommodationist policies actually increase the vulnerability of women within those accommodated minority communities. In her book Multicultural Jurisdictions, Ayelet Shachar has made a valuable contribution to the theoretical debates surrounding state accommodation …

"It's Not Ok": New Zealand's Efforts To Eliminate Violence Against Women, Jeanmarie Fenrich, Jorge Contesse

Crowley Mission Reports

Over the last decade, New Zealand has made significant efforts to address an acute social problem—violence against women. In New Zealand, it is estimated that one in three women has been a victim of domestic violence. In an effort to combat the problem, New Zealand has enacted legislation and regulations which aim to prevent and eliminate domestic violence. It has also created visible public education campaigns calling upon people to stop “family violence” as it is called in New Zealand.

Moving Forward: Recommendations On U.S. Hiv Immigration Policy (Haiti), Georgetown University Law Center, Human Rights Institute

HRI Papers & Reports

No abstract provided.

Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Rita Espinoza, Sarah Venti, Katherine Anne Cleary

Human Rights Brief

No abstract provided.

United Nations Update, Human Rights Brief

Human Rights Brief

No abstract provided.

First Prosecution In The United States For Torture Committed Abroad: The Trial Of Charles ‘Chuckie’ Taylor, Jr., Elise Keppler, Shirley Jean, J. Paxton Marshall

Human Rights Brief

No abstract provided.

Resistance To Genocidal Governments: Should Private Actors Break Laws To Protect Civilians From Mass Atrocity?, Chad J. Hazlett

Human Rights Brief

No abstract provided.

Crimes Of Sexual Violence In The War Crimes Chamber Of The State Court Of Bosnia And Herzegovina: Successes And Challenges, Angela J. Edman

Human Rights Brief

No abstract provided.

Ngo Update, Julie Gryce

Human Rights Brief

No abstract provided.