Human Rights Law Commons^™

Shikata Ga Nai: Statelessness And Sacrifice For Japanese-American Volunteers During The Second World War, Kenzo E. Okazaki

Swarthmore Undergraduate History Journal

Through a Philosophical analysis of the nature of Internment Camps as well as oral histories of veterans who volunteered to serve in the US military from the camps, this paper will argue that the internment of Japanese Americans during WWII was an event that the Supreme Court and surrounding legal discourse placed outside of legal jurisdiction. Those within the camps were thus condemned to a life lacking political qualification and juridical personhood. Faced with the dangers of this condition, interned Japanese Americans who served in the U.S. Army consciously laid claim to the American political community through the sacrifice of …

Maritime Police Law Of The People’S Republic Of China, Raul (Pete) Pedrozo

International Law Studies

China’s new Maritime Police Law (MPL) purports to regulate the duties of China’s maritime police agencies, including the China Coast Guard, and safeguard China’s sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China’s maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous …

Re: Center For The Human Rights Of Children’S Input For The 2021 Trafficking In Persons Report, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

No abstract provided.

Can I Have Some Privacy?: A Look Into The Unfortunate Truth Of Pregnancy Tests Throughout Sports And The Negative Impact On Female Athletes, Hannah Rogers

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Making The Extraordinary Ordinary: Examining The Impact Of Shifting Immigration Policies On Professional Athletics In The United States, Rachel Insalaco

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Facets Of Transitional Justice And 'Red Terror' Mass Trials Of Derg Officials In Post-1991 Ethiopia: Reassessing Its Achievements And Pitfalls, Kinkino Kia Legide

Journal of African Conflicts and Peace Studies

At the end of the state perpetrated largescale violence, two important puzzling questions need to be addressed by post-conflict states. The first one chiefly concern how to ensure accountability or fight impunity, and the second is concerned with how to transform a society wrecked by prolonged conflicts into a durable peace in a non-violent means (Jarstad & Sisk, 2008). One such effort to deal with these questions was implementation of a transitional justice measures which evolved to encompass broader themes in addition to criminal accountability and it has shown a considerable relevance and expansion since the end of Cold War. …

Emergencies End Eventually: How To Better Analyze Human Rights Restrictions Sparked By The Covid-19 Pandemic Under The International Covenant On Civil And Political Rights, Eric Richardson, Colleen Devine

Michigan Journal of International Law

In the wake of the COVID-19 pandemic, states have been quick to adopt emergency measures aimed at curbing the spread of the virus. However, poorly constructed restrictions threaten to undermine hard won human rights protections and may in fact erode important elements of international human rights law as a result of overreaching implementation or lack of rigorous analysis in how the restrictions are put, and kept, in place. This article analyzes the International Convent on Civil and Political Rights (ICCPR) standards which apply to emergency regulation in times of public health crisis and the tangled morass of legal tests which …

Counterterrorism In The Philippines: Review Of Key Issues, Ronald U. Mendoza, Rommel Jude G. Ong, Dion Lorenz L. Romano, Bernadette Chloe P. Torno

Ateneo School of Government Publications

Terrorism has taken root in almost all corners of the world with terrorist organizations thriving in both rich and poor countries. In the Philippines, the Human Security Act of 2007 came into force to address the threat of terrorism to the national security of the country. However, the law has never been fully utilized. To provide law enforcers with a stronger legal measure to address acts of terrorism in the country, President Duterte certified a new Anti-Terrorism Bill as urgent, with Congress adopting the Senate version and approving it in the shortest time possible. Despite opposition from various sectors and …

The Utilization Of The Rule Of Law For Economic Development In Developing States: The Case Of Egypt From Nasser To Mubarak, Mohamed M. Ahmed

Theses and Dissertations

Neoliberal development proponents argue that the rule of law is essential for achieving economic development. It demands adjusting legislative and legal institutional practices to enforce and protect market operations, and the minimizing of state intervention. The IFIs and the developed states adopted this development approach in dealing with developing states through conditional-based lending. Through attaching structural regulative adjustments and the reformation of juristic institutions as preconditions to their fiscal assistance, the IFIs, influenced by the developed states, were able to impose a system of legal economic governance over the developing economies. Across the different development stages, developing states who did …

The Integration And Securitization Of Muslim Migrants In Europe, Yasmeen Nawwar

Theses and Dissertations

In its efforts to integrate newly entering migrants into their societies, Europe has established integration policies that negatively impact these migrants, especially those from racialized backgrounds. The policies mask an agenda of securitization against outsiders who are falsely considered to be a danger to national security and national identity. Since the 9/11 attacks on the World Trade Center in the United States, many Western countries, including European countries, began to build a culture of fear against Muslims. Europe began to increasingly associate migrants with problems such as trafficking, radicalization, and terrorism. As a result, Europe began to treat migration as …

The Legal Framework Of Apostasy In Egypt: A Manifestation Of Secular Reconstruction Of Sharia By A Modern State, Ahmed Sedky Mohammed

Theses and Dissertations

The legal consequences of renouncing Islam or apostasy, which include depriving the apostate from some civil rights, and the non-recognition of the act itself by law in Egypt have been usually criticized as a blatant violation of the right to religious freedom. Such criticisms are based on the right’s definition according to international human rights law precisely the International Covenant on Civil and Political Rights. The dominant reasoning for this violation according to the majority of the related literature is the conservative interpretation of Sharia, the principal source of law, that has been adopted by Egyptian judiciary for more than …

The Palestinian Refugee Regime: Tensions Between The Collective Right Of Return And Individual Rights, Shatha Oqab Abdulsamad

Theses and Dissertations

Since their initial displacement in 1948, the United Nations had devised a special temporary refugee regime for Palestinians, distinct from the international refugee regime. The distinct regime was structured in order to acknowledge Palestinian displacement as a result of a deliberate policy of state building by Israel as a national home for Jewish people in Palestine, as well as the effect of the United Nations Partition Plan. Premised as different from other refugee problems, the distinct regime devised for Palestinians was intended to be temporary, pending a final settlement that ensures their repatriation. The temporality and structure of the distinct …

Conditions Of Human Rights In Ethiopia In The Aftermath Of Political Reform, Andinet Adinew Tesfaye, Endalkachew Abera Mekuriya

Northwestern Journal of Human Rights

No abstract provided.

Introduction To Symposium, "Human Rights And Access To Justice In Ethiopia", Thomas Geraghty

Northwestern Journal of Human Rights

No abstract provided.

Disability Rights Are Human Rights: Pushing Ethiopia Towards A Rights-Based Movement, Sirak Akalu Iyassu, Fiona Mckinnon

Northwestern Journal of Human Rights

Official estimates suggest that 95 percent of Ethiopia’s disabled live under the poverty line and are unemployed. To get by, many must beg or depend on family and friends. The Ministry of Labor and Social Affairs, the ministry responsible for enforcing rights of disabled people, is a paper tiger, toothless at that. Recent data suggest that only one percent of Ethiopian buildings and roads are fully accessible to the disabled. Yet accessibility is not only a physical, but also a social, cultural, and political sine qua non—and so a matter of human rights.

Rights of Ethiopia’s disabled have been …

Remedies For Human Rights Violations: A Reform Proposal For Addressing Victims Of Criminal Proceedings In Ethiopia, Abdi Jibril Ali

Northwestern Journal of Human Rights

No abstract provided.

Multiple Legal Orders In Ethiopia: An Impediment On The Enforcement Of Women Rights, Daniel E. Alemayehu

Northwestern Journal of Human Rights

No abstract provided.

Reform Of Regulation Of Legal Practice In Ethiopia: Does It Improve Access To Justice?, Tewodros Meheret

Northwestern Journal of Human Rights

Legal practice has been one of the focus areas of the reform agenda following the appointment of Abiy Ahmed (PhD) as the new Prime Minister of Ethiopia on April 2, 2018 following the resignation of his predecessor. As a response to public discontent which led to the change in leadership, he promised and commenced sweeping changes. Accordingly, working teams were formed under the Advisory Council organized under the auspice of the Attorney General and one of them has been working on regulation of legal practice. It submitted a draft bill to the Office of the Attorney General months back and …

Cle Working Paper No. 3/2021--A Roof Over Our Stomachs: The Right To Housing In Canada And Its Implications For The Right To Food, Tasha Stansbury

Centre for Law and the Environment

In 2019, the Canadian government passed the National Housing Strategy Act, legislating for the first time a human right to housing in Canada. This was largely the result of pressure from housing advocates to align Canada’s legislation with the right to housing embedded in international human rights instruments. Despite similar efforts, food rights advocates have not had the same success in having the right to food recognized in Canadian law. This paper considers the question of whether, and how, food rights advocates can use the process of achieving a legislated right to housing as a model in pursuing the legislation …

Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad

Papers, Posters, and Presentations

In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.

Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …

Protecting Third Parties In Contracts, Kishanthi Parella

Scholarly Articles

Corporations routinely impose externalities on a broad range of non-shareholders, as illustrated by several unsuccessful lawsuits against corporations involving forced labor, human trafficking, child labor, and environmental harms in global supply chains. Lack of legal accountability subsequently translates into low legal risk for corporate misconduct, which reduces the likelihood of prevention. Corporate misconduct toward non-shareholders arises from a fundamental inconsistency within contract law regarding the status of third parties: On the one hand, we know that it takes a community to contract. Contracting parties often rely on multiple third parties—not signatories to the contract—to play important roles in facilitating exchange, …

Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights, Kishanthi Parella

Scholarly Articles

One of the biggest challenges with international law remains its enforcement. This challenge grows when it comes to enforcing international law norms against corporations and other business organizations. The United Nations Guiding Principles recognizes the “corporate responsibility to respect human rights,” which includes human rights due diligence practices that are adequate for “assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed.” Unfortunately, many corporations around the world are failing to implement adequate human rights due diligence practices in their supply chains. This inattention leads to significant harms for …

Violence After Victory: Explaining Variation In State Repression Following Contentious Politics, Christopher Wiley Shay

Electronic Theses and Dissertations

If conflict onset leads to increases in human rights abuse, how can these abuses be curbed once conflicts have ended? To answer this question, researchers have traditionally focused on a country’s regime type and leaders’ incentive structures. This is insufficient, I argue, because many regimes with obvious incentives to curb repression (especially democracies) fail to do so. In addition to regime-type, therefore, the answer depends on whether a given regime can count on the cooperation of its military and law enforcement institutions, which I refer to collectively as the security apparatus. This is because security agents’ prior experiences usually create …

Betraying The American Public's Trust And Police Accountability Interrogations: The Darren Wilson Story, Shaymaa Shwel

Intercultural Human Rights Law Review

This paper will be focused on the specific failure by prosecutors to obtain an indictment when Michael Brown (Brown), the victim, was shot by law enforcement and will discuss: (1) systematic racism in the City of Ferguson (Ferguson), and the events leading up to the Darren Wilson (Wilson) case; (2) the specificities of the grand jury proceedings in the Wilson case; and (3) finally, conclude by evaluating how the Wilson case led to no indictment, and how attempting to indict a police officer is completely different.

The Power Of The Dissent And Writing The Future Of Justice: Maat, Aristotle's Rhetoric, And Justice Ginsburg's Dissent In Kentucky V. King, Livan Davidson

Intercultural Human Rights Law Review

This article explains why Ginsburg's dissent in King is rhetorically superior to the majority opinion. It evaluates, by way of comparing and contrasting, the persuasiveness of the dissent and majority opinions in King. This article examines the opinion through the lens of Aristotle's rhetorical model and the ancient tenet of Maat. It analyzes Ginsburg and Justice Alito's (Alito) use of rhetorical devices that appeal to persuasion, including logos (appeal to logic), ethos (appeal to credibility), pathos (appeal to emotions), and Maat (rightness in the world). This article concludes that Ginsburg's use of rhetoric has a superior appeal to fairness and …

Shadow Pandemic: Covid-19 Lockdown Brings Increased Risk Of Violence For Rohingya Women And Girls, Sara Edwards

Law in a Post-Pandemic World

This blog is a reflection on the increases in gender-based violence (GBV) against Rohingya women in Bangladesh due to the COVID-19 pandemic.

Gender-Blind: International Human Rights On Abortion Through Irish Eyes, Christine A. Ryan

Duke Law SJD Dissertations

No abstract provided.

Systemic Racism And Immigration Detention, Carrie L. Rosenbaum

Seattle University Law Review

The denouement of the Trump presidency was a white supremacist coup attempt against a backdrop of public reawakening to the persistence of institutionalized racism. Though the United States has entered a new administration with a leader that expresses his commitment to ending institutionalized racism, the United States continues to imprison Central American and Mexican immigrants at the southern border. If the majority of the people in immigration jails at the border are Latinx, does immigration law disparately impact them, and do they have a right to equal protection? If they do, would equal protection protect them? This Article explores whether …

Is Human Trafficking A Crime That Should Not Be Subject To Any Statute Of Limitations, Maria Barraco

Human Rights Brief

No abstract provided.

The Statelessness Of The Children Of North Korean Women Defectors In China, Chae Mims

Human Rights Brief

No abstract provided.