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Human Rights Law Commons™

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2010

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Institution
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Publication
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Articles 391 - 404 of 404

Full-Text Articles in Human Rights Law

Propaganda For War And Transparency, Richard B. Collins Jan 2010

Propaganda For War And Transparency, Richard B. Collins

Publications

No abstract provided.

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Isu-Isu Pemelukan Islam Menurut Undang-Undang Negara Brunei Darussalam., Muhammad Bahrin Haji Alias Jan 2010

Isu-Isu Pemelukan Islam Menurut Undang-Undang Negara Brunei Darussalam., Muhammad Bahrin Haji Alias

Student Works (2010-2019)

The number of conversion to Islam cases in Brunei Darussalam has arisen yearly. However, due to incompetency or legal infrastructure, any issue relating to the conversion cases, could not be handled and administered efficiently. Such weakness in legal aspect has affected the court‟s reputation and sometimes conflicts especially Syariah Court to discharge their duty effectively. Therefore, the aim of this study is to identify and discuss to what extent current legal structures able resolve cases relating to conversion to Islam. To achieve this, the research is enhanced by the library research and field study in order to obtain relevant data. …

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Inter-American System, Diego Rodriguez-Pinzon Jan 2010

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Inter-American System, Diego Rodriguez-Pinzon Jan 2010

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson Jan 2010

Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Human Rights Abuses In 1970s Argentina, Vanessa Gomez Jan 2010

Human Rights Abuses In 1970s Argentina, Vanessa Gomez

Calvert Undergraduate Research Awards

In this paper I address various components to the human rights abuses in Argentina in the 1970s. The domestic political situation is analyzed with particular attention paid to the political culture and the history of the regime. Media outlets and interviews by victims are used to facilitate first-hand accounts of the regime. The international arena and the efforts of human rights groups are mentioned as a means to demonstrate the international implications of the regime. I wrote this paper to further my knowledge on human rights abuses and further the knowledge of all who read my attempt. This essay marks …

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Comparative Tales Of Origins And Access: Intellectual Property And The Rhetoric Of Social Change, Jessica Silbey Jan 2010

Comparative Tales Of Origins And Access: Intellectual Property And The Rhetoric Of Social Change, Jessica Silbey

Faculty Scholarship

This Article argues that the open-source and anti-expansionist rhetoric of current intellectual-property debates is a revolution of surface rhetoric but not of deep structure. What this Article terms “the Access Movements” are, by now, well-known communities devoted to providing more access to intellectual-property-protected goods, communities such as the Open Source Initiative and Access to Knowledge. This Article engages Movement actors in their critique of the balance struck by recent law (statutes and cases) and asks whether new laws that further restrict access to intellectual property “promote the progress of science and the useful arts.” Relying on cases, statutes and recent …

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Human Rights For Hedgehogs?: Global Value Pluralism, International Law, And Some Reservations Of The Fox, Robert D. Sloane Jan 2010

Human Rights For Hedgehogs?: Global Value Pluralism, International Law, And Some Reservations Of The Fox, Robert D. Sloane

Faculty Scholarship

This essay, a contribution to the Boston University Law Review’s symposium on Ronald Dworkin’s forthcoming book, Justice for Hedgehogs, critiques the manuscript’s account of international human rights on five grounds. First, it is vague: it fails to offer much if any guidance relative to many of the most difficult concrete issues that arise in the field of international human rights law and policy - precisely the circumstances in which international lawyers might benefit from the guidance that moral foundations supposedly promise. It is also troubling, and puzzling given Dworkin’s well-known commitment to the right-answer thesis, that his account of human …

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The Ruggie United Nations Principles Framing International Indigenous Human Rights, Steven Ferrey Jan 2010

The Ruggie United Nations Principles Framing International Indigenous Human Rights, Steven Ferrey

Suffolk University Law School Faculty Works

At the request of the editors of the Transnational Law Review, I have been asked to introduce a triad of articles addressing corporate and nation-state responsibility for human rights during infrastructure and resource development. New conflicts have arisen around international commerce. The overarching question raised by these articles is: to what degree, when doing business-as-usual in a country that has not implemented protection of human rights as part of domestic law, do other frameworks and guidelines impose legal obligations or liability on those conducting economic activity?

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The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley Jan 2010

The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley

Faculty Scholarship

The United States prides itself on being a champion of human rights and pressures other countries to improve their human rights practices, and yet appears less willing than other nations to embrace international human rights treaties. Many commentators attribute this phenomenon to the particular historical context that existed in the late 1940s and early 1950s when human rights treaties were first being developed. These commentators especially emphasize the race relations of the time, noting that some conservatives resisted the developing human rights regime because they saw it as an effort by the federal government to extend its authority to address …

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Foreign Sovereign Immunity And Domestic Officer Suits, Curtis A. Bradley, Jack L. Goldsmith Jan 2010

Foreign Sovereign Immunity And Domestic Officer Suits, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

Under international law, official-capacity suits brought against a foreign state’s officers are treated as suits against the state itself and thus as subject to the state’s immunity, even in suits alleging human rights abuses. This immunity regime differs from the immunity regime that applies in the United States in suits brought against state and federal officials for violations of federal law. Despite the federal government’s sovereign immunity and the immunity of state governments under Eleventh Amendment jurisprudence, courts often allow suits against federal and state officers for their official actions. This essay attempts to explain why the immunity rules differ …

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Making Social Rights Conditional: Lessons From India, Madhav Khosla Jan 2010

Making Social Rights Conditional: Lessons From India, Madhav Khosla

Faculty Scholarship

Recent years have witnessed important advancements in the discussion on social rights. The South African experience with social rights has revealed how such rights can be protected without providing for an individualized remedy. Comparative constitutional lawyers now debate the promise of the South African approach, and the possibility of weak-form judicial review in social rights cases. This article considers the Indian experience with social rights, and explains how it exhibits a new form of social rights adjudication. This is the adjudication of a conditional social right; an approach that displays a rare private law model of public law adjudication. This …

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Embedded International Law And The Constitution Abroad, Sarah H. Cleveland Jan 2010

Embedded International Law And The Constitution Abroad, Sarah H. Cleveland

Faculty Scholarship

This Essay explores the role of "embedded" international law in U.S. constitutional interpretation, in the context of extraterritorial application of the Constitution. Traditional U.S. understandings of the Constitution's application abroad were informed by nineteenth-century international law principles of jurisdiction, which largely limited the authority of a sovereign state to its geographic territory. Both international law and constitutional law since have developed significantly away from strictly territorial understandings of governmental authority, however. Modern international law principles of jurisdiction and state responsibility now recognize that states legitimately may exercise power in a number of extraterritorial contexts, and that legal obligations may apply …

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Asbab Al-Qusur Fi Al-Iltizam Bi-Huquq Ahl Al-Qiblah Fi Waqi` Al-Muslimin Wa Subul Mu`Alajatiha : Dirasah Tahliliyah., Murad Ahmad Derhem Al-Qadasi Jan 2010

Asbab Al-Qusur Fi Al-Iltizam Bi-Huquq Ahl Al-Qiblah Fi Waqi` Al-Muslimin Wa Subul Mu`Alajatiha : Dirasah Tahliliyah., Murad Ahmad Derhem Al-Qadasi

Student Works (2010-2019)

The rights of the People of Qiblah, who are the nation of Islam, are stipulated firmly in our Islamic Law (Sharia) through its texts and rules, which once applied, Muslims had pride and dignity. It is noicable in our nation’s presence that there is an evident defect in abiding by these rights, so the importance of this thesis comes to benefit me and our Muslim nation so that security, sublimity and empowerment prevail. The aims of this research are to introduce these rights: designating them as followers of Islam, supporting and allying, and unifying with them, to know to what …

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