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Human Rights Law Commons™

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2014

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Articles 301 - 330 of 504

Full-Text Articles in Human Rights Law

An Evaluation Of The Prospects For Successful Implementation Of The Convention On The Rights Of Persons With Disabilities In The Islamic World, Brenton Kinker Jan 2014

An Evaluation Of The Prospects For Successful Implementation Of The Convention On The Rights Of Persons With Disabilities In The Islamic World, Brenton Kinker

Michigan Journal of International Law

This note will examine the CRPD’s aspirations in light of Islamic law, comparing whether the two are—or can be—consistent. Part I will provide background on the CRPD, including the intent of the treaty, the negotiations leading to the final wording, and the solid obligations it contains for state parties. Part II examines the background of Shari’a and its provisions regarding disability. Part III compares the treatment of the disabled under Islamic law with that required by the CRPD in order to gage consistency. Where tensions exist, alternative interpretations of both Islamic law and the CPRD are proposed that might facilitate …


Public Engagement "Reach In, Reach Out": Pursuing Environmental Justice By Empowering Communities To Meaningfully Participate In The Decision-Making Processes Of Brownfields Redevelopment And Superfund Cleanups, Josephine M. Balzac Jan 2014

Public Engagement "Reach In, Reach Out": Pursuing Environmental Justice By Empowering Communities To Meaningfully Participate In The Decision-Making Processes Of Brownfields Redevelopment And Superfund Cleanups, Josephine M. Balzac

Florida A & M University Law Review

No abstract provided.


Eco-Migration And Vulnerability: Linkages Between Human Rights Protection And Environmental Governance In Georgia, Tamari Bulia Jan 2014

Eco-Migration And Vulnerability: Linkages Between Human Rights Protection And Environmental Governance In Georgia, Tamari Bulia

Florida A & M University Law Review

No abstract provided.


Panama's Pando And Monte Lirio Dams: Proactive Engagement In Environmental Human Rights Through Project Due Diligence Leads To Improved Risk Management And Cost Controls, Gregory M. Karch Jan 2014

Panama's Pando And Monte Lirio Dams: Proactive Engagement In Environmental Human Rights Through Project Due Diligence Leads To Improved Risk Management And Cost Controls, Gregory M. Karch

Florida A & M University Law Review

The Pando-Monte Lirio Hydroelectric Power Project (Pando Project) is located along the Chiriqui Viejo River (CVR) in Western Panama. It consists of two hydroelectric dams that are part of nineteen hydroelectric installations planned and partially constructed along the CVR in Western Panama. The Pando Project reflects the Inter-American Development Bank’s (IDB’s) commitment to investments in “clean energy” in Central America. The project is an important contribution to Central America’s energy needs, but has caused a number of residents and citizen organizations in the CVR region to raise issues regarding the impact the project will have on the CVR and their …


The March Of Judicial Cosmopolitanism And The Legacy Of Enemy Combatant Case Law, Madalina Lulia Sontrop Jan 2014

The March Of Judicial Cosmopolitanism And The Legacy Of Enemy Combatant Case Law, Madalina Lulia Sontrop

LLM Theses

This thesis explores the concept of judicial cosmopolitanism and its prevalence in enemy combatant case law. The author draws upon the theoretical and philosophical underpinnings of cosmopolitanism and cosmopolitan law to describe judicial cosmopolitanism as form of legal discourse through which judges show a willingness to extend constitutional protections based on a contemporary, functional understanding of sovereign jurisdiction. The purpose of this work is to address the correlation between enemy combatant jurisprudence and the aforementioned understanding of judicial cosmopolitanism. It is argued that a march of judicial cosmopolitanism developed early in enemy combatant cases, and that it came to a …


3(D) View Of India’S Patent Law: Social Justice Aspiration Meets Property Rights In Novartis V. Union Of India & Others, 13 J. Marshall Rev. Intell. Prop. L. 719 (2014), Saby Ghoshray Jan 2014

3(D) View Of India’S Patent Law: Social Justice Aspiration Meets Property Rights In Novartis V. Union Of India & Others, 13 J. Marshall Rev. Intell. Prop. L. 719 (2014), Saby Ghoshray

UIC Review of Intellectual Property Law

Not many constitutional decisions from developing countries find themselves at the center of global debate like the Indian Supreme Court’s Novartis decision invalidating the Gleevec patent. The patent was invalidated under amended Section 3(d) of the Indian Patents Act, which was amended to address some of the concerns of imbalance between the maximalist and minimalist cultures in the pharmaceutical context. Section 3(d) of the Indian Patent Act introduced a new threshold of patent eligibility for pharmaceutical innovation that requires applicants to demonstrate enhanced efficacy of their products. The objective of this Article is to get beyond the reactionary reviews of …


International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller Jan 2014

International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller

Maryland Law Review

No abstract provided.


Informal Transnational Police-To-Police Information Sharing: Its Structure And Reform, Michael Robert Walton Jan 2014

Informal Transnational Police-To-Police Information Sharing: Its Structure And Reform, Michael Robert Walton

LLM Theses

This thesis examines the informal sharing of information and cooperation between police agencies across international borders, and how it is or should be informed by international human rights law. The author looks at how intelligence-led policing theory has affected transnational policing. A distinction is made between police actions made on domestic soil that have adverse consequences abroad and police actions made on foreign soil that have adverse consequences. The first category of cases is firmly within jurisdiction and covered by domestic and international legal obligations. The second category of cases introduces the concept of the extraterritorial application of international human …


Sexual Violence Directed Against Men And Boys In Armed Conflict Or Mass Atrocity: Addressing A Gendered Harm In International Criminal Tribunals, Valerie Oosterveld Jan 2014

Sexual Violence Directed Against Men And Boys In Armed Conflict Or Mass Atrocity: Addressing A Gendered Harm In International Criminal Tribunals, Valerie Oosterveld

Law Publications

No abstract provided.


Adjudicating Human Rights In Transitional Contexts: A Nigerian Case-Study, 1999-2009 , Basil Emeka Ugochukwu Jan 2014

Adjudicating Human Rights In Transitional Contexts: A Nigerian Case-Study, 1999-2009 , Basil Emeka Ugochukwu

PhD Dissertations

While transitional justice and democracy literature bristles with the expectation that human rights conditions would improve with the progression from the “darkness” of a dictatorship to the “light” of democratic rule, Nigeria’s transition to civil rule in 1999 would seem to provide a sobering contra-reality. Democracy does not seem to have produced a better human rights environment in the post-transition Nigerian context. This dissertation answers the question why the restoration of civil rule in Nigeria has not translated to results in human rights practices that come close to matching the expectations of its citizens and the predictions of transitional justice …


Selected Coverage Of The 150th Session Of The Inter-American Commission On Human Rights, Kendall Niles, David Llanes, Min Jung Kim Jan 2014

Selected Coverage Of The 150th Session Of The Inter-American Commission On Human Rights, Kendall Niles, David Llanes, Min Jung Kim

Human Rights Brief

No abstract provided.


Seleccionado Cobertura De El 149 Período De Sesiones De La Comisión Interamericana De Derechos Humanos, Marianna Belalba, Sebastian Valencia, Paula Cortes Jan 2014

Seleccionado Cobertura De El 149 Período De Sesiones De La Comisión Interamericana De Derechos Humanos, Marianna Belalba, Sebastian Valencia, Paula Cortes

Human Rights Brief

No abstract provided.


European Court Of Human Rights, Sydney Pomykata Jan 2014

European Court Of Human Rights, Sydney Pomykata

Human Rights Brief

No abstract provided.


Regional Human Rights Systems, Brittany West, Sydney Pomykata, Whitney Hood Jan 2014

Regional Human Rights Systems, Brittany West, Sydney Pomykata, Whitney Hood

Human Rights Brief

No abstract provided.


Fifty State Survey Of Mandatory Reporting Statutes, Brenda V. Smith Jan 2014

Fifty State Survey Of Mandatory Reporting Statutes, Brenda V. Smith

The Project on Addressing Prison Rape - Surveys

Mandatory reporting state statutes regarding the sexual abuse of children are compiled and reported. Entries include (if provided) the following information: state; mandatory reporting statutes name; what has to be reported; relevant definitions; persons required to report; reporting procedures; and penalty for failure to report.


Ice's New Policy On Segregation And The Continuing Use Of Solitary Confinement Within The Context Of International Human Rights, Sarah Dávila A. Jan 2014

Ice's New Policy On Segregation And The Continuing Use Of Solitary Confinement Within The Context Of International Human Rights, Sarah Dávila A.

UIC Law Review

The purpose of this essay is to discuss ICE Policy 11065.1 on segregation, its deficiencies and its unlikely full implementation, and emphasize that the current use of solitary confinement in immigration detention is in contravention of international human rights principles.


Bonded And Child Labor In Pakistan: Interview With Human Rights Practitioner Pirbhu Lal Satyan, Human Rights Brief Jan 2014

Bonded And Child Labor In Pakistan: Interview With Human Rights Practitioner Pirbhu Lal Satyan, Human Rights Brief

Human Rights Brief

No abstract provided.


Judgment Summary: International Criminal Tribunal For Rwanda, Megan Race Jan 2014

Judgment Summary: International Criminal Tribunal For Rwanda, Megan Race

Human Rights Brief

No abstract provided.


Judgment Summary: Special Court For Sierra Leone, Patty Walsh Jan 2014

Judgment Summary: Special Court For Sierra Leone, Patty Walsh

Human Rights Brief

No abstract provided.


Balintulo V. Daimler Ag, 727 F.3d 174 (2013). Second Circuit Closes The Door For Victims Of International Rights Violations, Emily M. Nellermoe Jan 2014

Balintulo V. Daimler Ag, 727 F.3d 174 (2013). Second Circuit Closes The Door For Victims Of International Rights Violations, Emily M. Nellermoe

South Carolina Journal of International Law and Business

No abstract provided.


The U.S.-Colombia Trade Promotion Agreement: Ignoring The Paramilitary's Human Rights Abuses?, Pooja Shah Jan 2014

The U.S.-Colombia Trade Promotion Agreement: Ignoring The Paramilitary's Human Rights Abuses?, Pooja Shah

Loyola University Chicago International Law Review

No abstract provided.


Child Labor And Ratification Of Trade And Labor Provisions In Sub-Saharan Africa: Is It A Question Of Political Choices?, Caiphas Chekwoti Jan 2014

Child Labor And Ratification Of Trade And Labor Provisions In Sub-Saharan Africa: Is It A Question Of Political Choices?, Caiphas Chekwoti

Loyola University Chicago International Law Review

No abstract provided.


Judicial Conceptions Of Prisoners' Rights In Ireland: An Emerging Field, Mary Rogan Jan 2014

Judicial Conceptions Of Prisoners' Rights In Ireland: An Emerging Field, Mary Rogan

Conference Papers

This paper will discuss four themes. The first concerns judicial discussions of conditions of detention, secondly I will examine the development of the principles of procedural fairness in decisions on the use of separation or isolation of prisoners. I will then move to look at issues concerning foreign prisoners, and say a few words about conditions of detention in the immigration context. Finally, I will explore some of the barriers to a greater role for the Irish courts in the area of conditions of detention. I will speak from the experiences drawn from my research, but also from legal practice.


The International Sugar Trade And Sustainable Development: Curtailing The Sugar Rush, Nadia B. Ahmad Jan 2014

The International Sugar Trade And Sustainable Development: Curtailing The Sugar Rush, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


Balancing, Proportionality, And Human Rights Adjudication In Comparative Context: Lessons For Nigeria, Basil Ugochukwu Jan 2014

Balancing, Proportionality, And Human Rights Adjudication In Comparative Context: Lessons For Nigeria, Basil Ugochukwu

The Transnational Human Rights Review

What is the nature of the role that courts perform when they evaluate human rights complaints? Answering this question engages two related but contending values in the process of protecting human rights through judicial means. The first value is that persons are entitled to certain rights and freedoms that are either completely outside the controlling power of the state, organizations and others in the society, or which when they are infringed could trigger an application for judicial protection by the victims. The second value is that the state can impose limitations on certain rights and freedoms but only if it …


International Human Rights Fact-Finding Praxis In Its Living Forms: A Twail Perspective, Obiora C. Okafor Jan 2014

International Human Rights Fact-Finding Praxis In Its Living Forms: A Twail Perspective, Obiora C. Okafor

The Transnational Human Rights Review

International human rights fact-finding (hereinafter "IHRFF") has been defined, rather generously, as: A method of ascertaining facts through the evaluation and compilation of various information sources ... [which] serves to illuminate the circumstances, causes, consequences and aftermath of an event from a systematic collection of facts. Understood in this way, IHRFF is not a new activity. Rather, various organizations, groups, and entities have engaged in it for a very long time. Indeed, issues relating to its ways and means, conceptual and operational problems, and best practices have occupied the attention of many practitioners, and cringed the brows of many of …


Prevention Of Human Trafficking For Labor Exploitation: The Role Of Corporations, Nicola Jägers, Conny Rijken Jan 2014

Prevention Of Human Trafficking For Labor Exploitation: The Role Of Corporations, Nicola Jägers, Conny Rijken

Northwestern Journal of Human Rights

No abstract provided.


Comparing American Disability Laws To The Convention On The Rights Of Persons With Disabilities With Respect To Postsecondary Education For Persons With Intellectual Disabilities, Kevin Walker Jan 2014

Comparing American Disability Laws To The Convention On The Rights Of Persons With Disabilities With Respect To Postsecondary Education For Persons With Intellectual Disabilities, Kevin Walker

Northwestern Journal of Human Rights

No abstract provided.


Linguistic Isolation: A New Human Rights Violation Constituting Torture, And Cruel, Inhuman And Degrading Treatment, Peter Jan Honigsberg Jan 2014

Linguistic Isolation: A New Human Rights Violation Constituting Torture, And Cruel, Inhuman And Degrading Treatment, Peter Jan Honigsberg

Northwestern Journal of Human Rights

No abstract provided.


Mental Retardation And The Death Penalty: The Need For An International Standard Defining Mental Retardation, Allison Freedman Jan 2014

Mental Retardation And The Death Penalty: The Need For An International Standard Defining Mental Retardation, Allison Freedman

Northwestern Journal of Human Rights

No abstract provided.