Human Rights Law Commons^™

The Moral International Sphere As A New "Civic Virtue", Claudia Heiss

Human Rights & Human Welfare

Liberal political theory, the predominant paradigm at least since the 1970s, rules out as oppressive the imposition of any substantive notion of a "good way of life" and proposes instead a neutral conception where each individual should have the right to pursue his or her own preferred project of life. This opposition of an ancient "virtue" and a modern "freedom" seems challenged by current debates about morality and the responsibility to protect innocent civilians from massive crimes. The moral outrage of the international community may be interpreted as a signal of a perhaps minimal notion of civic virtue, which translates …

White Noise, White Heat, Therese O'Donnell

Human Rights & Human Welfare

If, as former British Prime Minister Harold Wilson famously uttered, "A week is a long time in politics," then the Six weeks since Raghida Dergham's article could be a lifetime and the last six months of the "Arab Spring" an aeon.

The Un Security Council On Syria: Radical Change Or Continuity?, Thomas Pegram

Human Rights & Human Welfare

The Presidential Statement issued by the UN Security Council on August 3 condemning the widespread violation of human rights by Syrian authorities was hailed by some as signaling the collapse of the pro-Syrian "defiance coalition."

This "defiance coalition," comprised of the so-called "BRICs" (Brazil, Russia, India, China, and South Africa) along with Lebanon, did indeed relent, begrudgingly, to growing international pressure for action on Syria. However, whether a statement containing little actionable content signals the crumbling of defiance rather than a diplomatic maneuver as calculations are recalibrated in light of developments is another matter.

September Roundtable: "The Syrian Spring" And Human Rights, Introduction, Raslan Ibrahim

Human Rights & Human Welfare

An annotation of:

“The UN Security Council's Pro-Syrian 'Defiance Coalition' Crumbles”. By Raghida Dergham. Huffington Post, August 2011.

The Background And Contents Of The Proposed South African Charter Of Religious Rights And Freedoms, Rassie Malherbe

BYU Law Review

No abstract provided.

Religion In Contemporary Legal Systems, Tahir Mahmood

BYU Law Review

No abstract provided.

Freedom Of Expression And Religious Sensitivities In Pluralist Societies: Facing The Challenge Of Extreme Speech, Jeroen Temperman

BYU Law Review

No abstract provided.

Law And Religion In Colombia: Legal Recognition Of Religious Entities, Vicente Prieto

BYU Law Review

No abstract provided.

Coalition And Hegemony: Religion's Role In The Progress Of Modernization In Reformed China, Zeng Chuanhui

BYU Law Review

No abstract provided.

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Copyright

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Brave New World Of Stop And Frisk, Ron Bacigal

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

What’S New Is Old Again: Why Padilla V. Kentucky Applies Retroactively, Michael Hartley

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Consequences Of Criminal Convictions For Misdemeanor Or Felony Offenses, David P. Baugh

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Intersection Of Laicite And American Secularism: The French Burqa Ban In The Context Of United States Constitutional Law, Mary-Caitlin Ray

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Little White Lie: The Dangers Of Allowing Police Officers To Stretch The Truth As A Means To Gain A Suspect’S Consent To Search, William E. Underwood

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Religious Freedom And Its Legal Restrictions In China, Zhang Qianfan, Zhu Yingping

BYU Law Review

No abstract provided.

Asean’S Human Rights Body: New Breakthrough For Human Rights Protection In South East Asian Region Some Preliminary Notes From Indonesia’S Perspective, Arie Afriansyah

Indonesia Law Review

On 21 November 2007, leaders of the Association of South East Asian Nations (ASEAN) promulgated the ASEAN Charter (the Charter). Not only does it provide legal basis for ASEAN’s legal personality; it also provides new legal norms for its member states. One of those that need to be discussed is the establishment of ASEAN’s Human Rights Body (the Body). This obligation is stipulated in Article 14 of the Charter, which stresses the commitment of member nations to protect human rights. However, the establishment of the Body has faced numerous pessimistic opinions regarding the organisation’s capability to protect human rights considering …

European Union Accession To The European Convention On Human Rights: An Institutional “Marriage”, Konstantinos G. Margaritis

Human Rights & Human Welfare

A possible accession of European Union (hereinafter: EU/the Union) to the European Convention on Human Rights (ECHR/the Convention) has been discussed in legal society for more than thirty years. The topic had widely opened after the 1979 Commission Memorandum where the major pros and cons were underlined and practical problems were addressed. This discussion led to an official request to the European Court of Justice (ECJ/the Court) in relation to the legality of such accession; the outcome was included in opinion 2/94 that found such accession incompatible with the European Community (EC/the Community) Treaty.

© Konstantinos G. Margaritis. All rights …

Introduction (Volume 87)

International Law Studies

No abstract provided.

Table Of Contents (Volume 87)

International Law Studies

No abstract provided.

The Right Side Of The Coin: Focus On The Human Rights Of People, Not The Failure Of States, Brooke Ackerly

Human Rights & Human Welfare

US policy toward failed states should focus on strengthening civil society and social movements so that people are better able to hold their leaders accountable.

The language of “failed states” disassociates foreign policy from international dialogue about human rights. Instead, “failed states” is a contemporary sound bite that connotes a lack of sovereignty, suggesting that intervention would not violate national sovereignty because in a failed state, there is none. Of course, we could have a similar cynicism about the use of human rights concerns to justify invasion. Certainly, states have tried to choose when to reference international human rights norms …

August Roundtable: Re-Thinking State Failure And Human Rights, Introduction, Claudia Fuentes

Human Rights & Human Welfare

An annotation of:

“Think Again, Failed States ”. By James Traub. Foreign Policy. July/August 2011.

Immobilizing Conceptual Debates, Jonas Claes

Human Rights & Human Welfare

In “Think Again: Failed States,” James Traub argues that “state failure” is a failed concept. Prioritizing efforts to prevent or address state fragility, weakness, or failure may seem impractical given the conceptual breadth of this systemic challenge. Like globalization, human security, or climate change, state failure contains so many aspects that it becomes analytically useless. But the need to rethink this garbage-can concept—everything can be thrown in—does not keep us from addressing the litany of well-understood challenges subsumed within.

“Failed States Are Everyone’S Problem”, Devin Joshi

Human Rights & Human Welfare

This article raises interesting issues but cannot answer its own puzzles because it fails to define what constitutes a threat or danger to US national security. As an American citizen, the security of the Central African Republic is in my personal interest. The CAR is a country where it has been reported that one out of every sixteen mothers dies during childbirth. That is a serious problem! Who is to say it is not in Americans’ interest to prevent state failure there? If the US government is not interested in Central Africans' security, obviously, there is a disconnect between the …

More Questions, Few Answers On State Failure And Human Rights, Edzia Carvalho

Human Rights & Human Welfare

The Foreign Policy article under review brings us back to the issues addressed in April's Roundtable, which looked at humanitarian intervention in light of widespread political violence in the Ivory Coast. Much of that discussion centered on the factors that lead states to adopt policies aimed at stopping egregious human rights abuses from being committed in other jurisdictions, either by state agents or non-state actors. This month's Roundtable discussion highlights the myths attached to the concept of “state failure,” which increases the likelihood of such violations occurring. The author of this month's centerpiece, James Traub, comments on a number of …