Human Rights Law Commons^™

The Status Of Women Under International Human Rights Law And The 1995 Un World Conference On Women, Beijing, China, Margaret Plattner

Kentucky Law Journal

No abstract provided.

Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli

Scholarly Works

No abstract provided.

Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel

Journal Articles

Amnesty guidelines modeled on international law as defined by Latin American tribunals and treaties should be adopted and used by the United Nations, the Organization of American States, and national governments involved in remedying human rights violations. The 10 guidelines are stringent and would rarely result in the granting of amnesty. They may better serve their function than treaties or customary laws be cause they are guidelines and not mandatory.

Patrimonicide: The International Economic Crime Of Indigenous Spoliation, Ndiva Kofele-Kale

Vanderbilt Journal of Transnational Law

In the past two decades, the organized and systematic theft of a state's wealth and resources by its leaders has reached unprecedented levels in developing and less-developed states. Unlike previous acts of embezzlement by political leaders, this new wave of corruption-referred to as indigenous spoliation--involves billions of dollars and causes widespread social and economic devastation. This Article defines indigenous spoliation and presents some examples of this practice. The author describes the inadequacy of domestic law in dealing with the problem and suggests that international law should provide a remedy. Next, the author proposes a framework for holding persons involved in …

The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli

Scholarly Works

No abstract provided.

Federalism's Future In The Global Village, Barry Friedman

Vanderbilt Law Review

The world we live in is becoming smaller. Although no doubt people have been saying that since at least the travels of Marco Polo, Columbus, and Vespucci, events appear to be moving with startling rapidity. Global trade, global travel, global communication-all are bringing us together in ways that even twenty years ago we hardly could imagine. The words "globalization" and "internationalization" are heard frequently now, and in many new and different contexts. In contrast to the globalization phenomenon, we are accustomed to thinking about American federalism largely in domestic terms. The primary arena in which the debate about the role …

The Bamboo Gulag: Human Rights In The People's Republic Of China, 1991-1992, Ta-Ling Lee, John F. Copper

Maryland Series in Contemporary Asian Studies

No abstract provided.

Human Rights In The Middle East: An Overview Of The Last Decade, Hanny Megally

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

Human Rights In Egypt: The Cause, The Movement, And The Dilemma, Hani Shukrallah

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

Human Rights And Cultural Specificity: Some Reflections, Rachad Antonius

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

The United Nations And Human Rights, Larisa Gabriel

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

Human Rights In Egypt: The Practical Experience, Naila Gabr

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

State, Society And Violations Of Human Rights In Egypt, Mustapha K. Al-Sayyid

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

The Roots Of Turmoil In The Egyptian Organization For Human Rights: Dynamics Of Civil Institution-Building In Egypt, Mohamed El Sayed Said

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

Us Foreign Policy And Human Rights In Egypt, Stephanie Ann Mulica

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

Introduction: Dealing With Human Rights In The Arab World, Dan Tschirgi

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

The Human Rights Movement In Arab Countries: Problems Of Concept, Context And Practice, Nader Fergany

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

Trade With China: Human Rights And Mfn, Samir Desai

Human Rights Brief

No abstract provided.

Dowry Death: A Violation Of The Right To Life Under Article Six Of The International Covenant On Civil And Political Rights, Angela K. Carlson-Whitley

Seattle University Law Review

By failing to effectively prevent dowry deaths, India, as a party to the International Covenant on Civil and Political Rights (ICCPR), violates the "right to life" as expressed in Article 6(1) and protected by Article 2. Part II of this Comment describes the phenomenon of dowry death generally and explains the origins of dowry and its relatively recent transformation into a means of extortion by the groom and his family. In addition, this Part examines the laws enacted by India in response to the growing incidence of dowry deaths. Finally, Part II explains why these positive laws fail to solve …

The United Nations Truth Commission For El Salvador, Thomas Buergenthal

Vanderbilt Journal of Transnational Law

From 1992 to 1993, the author served as one of three Commissioners of the United Nations Commission on the Truth for El Salvador. In this Article, the author describes the process the Commission followed in its investigation of acts of violence that occurred in El Salvador between 1980 and 1991. The Article explores how the Commissioners interpreted and applied their mandate, as well as the problems they encountered in gathering information for the Commission's report. The author relates how the Commission arrived at the important decision to include in its report the names of individuals found to have been responsible …

Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Justice Robert H. Jackson's opening statement at the Nuremberg trial has justly been characterized as one of the greatest orations in modern juristic literature. Yet behind its rhetorical power lies a fervent anxiety: a desire to silence the skeptical voices whispering that the Nuremberg trials were just the tarted-up revenge to which Camus alludes.

Foreword (Symposium: Challenges In Immigration Law And Policy: An Agenda For The Twenty-First Century)., Carol Buckler

Articles & Chapters

No abstract provided.

Human Rights First, Richard Dicker

Human Rights Brief

No abstract provided.

More Bull From The China Shop, Wendell L. Willkie

Human Rights Brief

No abstract provided.

Provisional Measures In The Inter-American Human Rights System: An Innovative Development In International Law, Jo M. Pasqualucci

Vanderbilt Journal of Transnational Law

In this Article, Professor Pasqualucci examines the developing jurisprudence of provisional measures in the Inter-American human rights system. Through the adoption of provisional measures, a human rights court may order a state to protect persons who are in danger of imminent death or torture. The author first provides an overview of the Inter-American system of human rights. She then describes the historical background of the jurisprudence of provisional measures in the International Court of Justice and the European human rights system, which served as models for provisional measures in the developing Inter-American system. Finally, she analyzes the use of provisional …

International Human Rights, Morality In War, And The Structure Of Rights, Edward C. O'Dowd, Robert F. Schopp

Washington International Law Journal

A careful analysis of certain issues of morality in war demonstrates important differences in the duties recognized by Western and Chinese military officers toward their soldiers. These differences reflect fundamentally different theories of social morality in the societies these officers represent. Although Western countries and China have endorsed a common set of internationally recognized human rights, a meaningful consensus regarding human rights must remain consistent across three levels of analysis. The putative contemporary consensus among Chinese and liberal societies fails because the fundamental differences in underlying principles of social morality that give rise to divergent principles of morality in war …

In The Wrong Place, At The Wrong Time: Problems With The Inter-American Court Of Human Rights Use Of Contentious Jurisdiction, Michael J. Corbera

Vanderbilt Journal of Transnational Law

The Inter-American region has a history of widespread human rights abuse. To combat this problem the Organization of American States has developed a regional system for the protection of human rights. The system's adjudicatory body is the Inter-American Court of Human Rights (the Court). In recent years the Court has expanded its power through its exercise of contentious jurisdiction. Certain factors, however, that are unique to the Inter-American region weigh against the Court's use of contentious jurisdiction.

Tracing the development of the Inter-American human rights system in general and the Court in particular, this Note evaluates the Court's powers and …

The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt

Northwestern Journal of International Law & Business

Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business decisions …

Hiv-Aids And Governmental Control Of Information: International Denial Of Human Rights, Michael L. Closent, Scott H. Isaacman

St. Thomas Law Review

This article will identify two significant failures in the efforts to effectively combat the HIV-AIDS pandemic. Both problems deal with the collection and dissemination of HIV-AIDS information. The first topic of concern is what we call the AIDS "name game." The definition of AIDS varies from country to country and changes from time to time within a single country, with substantial negative consequences. In addition, too much attention is focused upon AIDS rather than upon HIVAIDS (or HIV infection). Secondly, the underreporting of HIV-AIDS is a serious problem resulting in the denial of important human rights to hundreds of thousands …