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International Law

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Articles 301 - 328 of 328

Full-Text Articles in Human Rights Law

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam Jan 1997

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

Articles

No abstract provided.

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The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian Dec 1996

The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian

Cardozo Law Review

One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade Organization; the growing influence of nongovernmental organizations; the emergence of a new global economy; and the formation of a worldwide consumer culture, to name just a few. The law, it is argued, must adapt.

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The Moral Economy Of The Purchase Of Freedom: Ethical Lessons From The Slave Narratives, Lea Vandervelde May 1996

The Moral Economy Of The Purchase Of Freedom: Ethical Lessons From The Slave Narratives, Lea Vandervelde

Cardozo Law Review

In his contribution to this symposium, Richard Weisberg tells us a subtle story of what he calls "twin hermeneutics." I will use one of these-"the hermeneutic of acceptance"-to launch my own discussion on the subject of ethical dilemmas. By this term, "the hermeneutic of acceptance," Weisberg means the gradual acceptance by French lawyers of the scheme of racial exclusion newly created by Vichy laws. He traces the digression in legal arguments made by French lawyers during the four years of Vichy rule. French lawyers loaned their prestige to these new laws by means which placed their legal arguments on a …

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Sources Of International Law, Louis B. Sohn Dec 1995

Sources Of International Law, Louis B. Sohn

Scholarly Works

To summarize, States can agree on international law begin made in any way they wish. Once they agree on a method, the matter is over. As I have pointed out, every few y ears we invent a new method; there is no end to ingenuity of human beings. by the year 2000, there might be one or two more methods. We are still applying the 19th century rule that international law is made by the community of states, but in every generation the community has been able to invent new methods for crystallizing international law. We finally have accepted the …

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Reflections On Regional Human Rights Law, Gabriel M. Wilner Dec 1995

Reflections On Regional Human Rights Law, Gabriel M. Wilner

Scholarly Works

The principal purpose of the Colloquium, as can be seen from the great attention given to the papers presented by the second panel, was to discuss the uses of customary international human rights law in the defense of human rights before national courts. More generally, these discussions focused on the effectiveness of customary international human rights rules in influencing legislative and policy-making, administrative decisions and, particularly, judicial adjudication, at international and national levels. The initial and wider question of the feasibility of using custom as a source of human rights rules formed the underlying aspects of the debates in the …

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The United Kingdom, The European Court Of Human Rights, And Constitutional Review, A. W. Bradley Dec 1995

The United Kingdom, The European Court Of Human Rights, And Constitutional Review, A. W. Bradley

Cardozo Law Review

The aim of this Article is to consider whether there is now in the United Kingdom the embryo of a procedure for constitutional review that results from the United Kingdom's adherence to the European Convention on Human Rights as well as the burgeoning case law being developed by the European Court of Human Rights. To the extent that such an embryo exists, I hope to show that this is a development which has not been directly willed by the United Kingdom Parliament, nor by successive United Kingdom governments. Assuming that this process deserves to be described as piecemeal constitution making, …

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Democracy And Pluralism: A Critique Of The Rationalist Approach, Chantal Mouffe Mar 1995

Democracy And Pluralism: A Critique Of The Rationalist Approach, Chantal Mouffe

Cardozo Law Review

In recent decades, categories like ,"human nature," "universal reason," and "rational autonomous subject" increasingly have been questioned. From different standpoints, a variety of thinkers have criticized the ideas of a universal human nature, of a universal canon of rationality through which that human nature could be known, as well as the possibility of an unconditional universal truth. Such a critique of Enlightenment's universalism and rationalism, which is sometimes referred to as "postmodernism," has been presented by some authors, for example, Jirgen Habermas, as constituting a threat to the modem democratic project. They consider that the link existing between the democratic …

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Getting To Know The General: American Conceits About The Rule Of Law, Kenneth Anderson Sep 1994

Getting To Know The General: American Conceits About The Rule Of Law, Kenneth Anderson

Book Reviews

This essay reviews a book about General Manuel Noriega, the Panamanian strongman toppled by the Bush Sr. administration in 1989; Noriega was tried on drug charges in Miami and has spent many years in prison. This book examines Noriega's background and rise to power, involvement in drugs and politics in Central America, including the famous murder of Hugo Spadafora, and his trial in the United States. The book's author covered the trial for newspapers; the review's author monitored human rights in Panama in the two years prior to the US invasion and covered the invasion for human rights organizations.

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Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher Jan 1994

Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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A More Effective International Law Or A New "World Law"?: Some Aspects Of The Development Of International Law In A Changing International System, Jost Delbruck Jul 1993

A More Effective International Law Or A New "World Law"?: Some Aspects Of The Development Of International Law In A Changing International System, Jost Delbruck

Indiana Law Journal

No abstract provided.

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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 Jan 1993

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 …

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The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam Jan 1993

The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam

Articles

No abstract provided.

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Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone Jul 1992

Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone

Faculty Publications

No abstract provided.

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Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn Dec 1991

Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn

Scholarly Works

This paper focuses on the problems of those who do not qualify for a regular admission as refugees, but are detained at the entrance point, or are detained in the United States after being released on temporary parole or pending repatriation. The thesis I shall try to defend is that these persons must be treated according to basic rules of humanitarian law; that they are entitled to be treated as human beings, regardless of any particular legislation or administrative regulations depriving them of basic legal protection granted to citizens and regular residents of the country.

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Islam And The State, Ann Elizabeth Mayer Feb 1991

Islam And The State, Ann Elizabeth Mayer

Cardozo Law Review

No abstract provided.

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A Reply To Professor Nino, Diane Orentlicher Jan 1991

A Reply To Professor Nino, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Human Rights In The Middle East, Linda A. Malone Jan 1984

Human Rights In The Middle East, Linda A. Malone

Faculty Publications

No abstract provided.

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A Message Of Hope, Dean Rusk Mar 1983

A Message Of Hope, Dean Rusk

Scholarly Works

So I would hope, based upon the extraordinarily interesting discussion that we have had here during this Colloquium, that we try to follow it up a bit and not be too discouraged about the modesty of certain things that might be done, but see if we cannot find some way to encapsulate, surround, isolate these internal violence situations so that they do not contribute to those great struggles which could end us all.

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Gradations Of Intervention In Internal Conflicts, Louis B. Sohn Mar 1983

Gradations Of Intervention In Internal Conflicts, Louis B. Sohn

Scholarly Works

I promised to suggest a definition. It is a very modest one, simply trying to apply the language of article 51 of the Charter about self-defense to the problem of military intervention. It might be desirable to have at least a rule which would say: "No military invention by one state in the internal armed conflicts in another state is permissible except in an extreme emergency requiring instant response and subject to imimediate termination of such emergency action on the request of the United Nations or an appropriate regional organization."

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Ironies Of Intervention, Milner S. Ball Mar 1983

Ironies Of Intervention, Milner S. Ball

Scholarly Works

I have detected in our deliberations this afternoon two ironies. The first is this: the dissentient receive more protection as enemies than as citizens. As we have heard today, there is greater opportunity for the assimilation of humanitarian law if the sides engaged in internal conflict are regarded as combatants and not as fellow citizens. With the application of the law of armed conflict comes the prospect that the opponents may observe some degree of mutual respect. Such dignity as the law accords thus becomes a function of formalized hostility rather than of civil affection, of open distrust rather than …

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Introduction To Panel Iii: Regional And Other International Organizations Responses To Internal Conflict, Louis B. Sohn Mar 1983

Introduction To Panel Iii: Regional And Other International Organizations Responses To Internal Conflict, Louis B. Sohn

Scholarly Works

The United Nations has been trying to do three different things. First, the United Nations had to develop the basic principles of intervention. Most of them were borrowed from the Charter of the Organization of American States, especially those on intervention, but they went much further concerning the limitations on help to guerrillas and the problems of interference by various means. The United Nations Declaration on Friendly Relations, the Declaration on Inadmissibility of Intervention, and several other documents have been broadening or clarifying the law on the subject over the last 20 years. Second, as noted previously, the United Nations …

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Introduction To Panel I, Gabriel M. Wilner Mar 1983

Introduction To Panel I, Gabriel M. Wilner

Scholarly Works

The work of this panel is to sort out the theories and arguments on the obligations of individual states, as distinguished from the international or regional community of states acting under the rules of an international organization, in dealing with internal conflicts in other states. Are states assisted in determining their obligations by existing standards of international law? The panel will wish to address itself to the central question of the content of international law standards on intervention. In doing so it may also wish to offer some definition of "internal conflict" and discuss the ramifications of the passage from …

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International Protection Of Human Rights And State Sovereignty, Jost Delbruck Oct 1982

International Protection Of Human Rights And State Sovereignty, Jost Delbruck

Indiana Law Journal

No abstract provided.

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International Human Rights As "Rights", Louis Henkin Jan 1979

International Human Rights As "Rights", Louis Henkin

Cardozo Law Review

No abstract provided.

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International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust Jul 1978

International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

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The Impact Of Crowd Psychology Upon International Law, Harold D. Lasswell Mar 1968

The Impact Of Crowd Psychology Upon International Law, Harold D. Lasswell

William & Mary Law Review

No abstract provided.

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Human Rights And Natural Resources, David J. Halperin Mar 1968

Human Rights And Natural Resources, David J. Halperin

William & Mary Law Review

No abstract provided.

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International Law Of Human Rights: A Pragmatic Appraisal, A. Luini Del Russo Mar 1968

International Law Of Human Rights: A Pragmatic Appraisal, A. Luini Del Russo

William & Mary Law Review

No abstract provided.

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