Human Rights Law Commons^™

Human Rights And Peace-Keeping Operations, Diego Garcia-Sayan

University of Richmond Law Review

The purposes of the United Nations, as specified in Article 1 of the United Nations Charter, are to "maintain international peace," to promote and encourage "respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion" and to "achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character."

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 …

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.

South Korea: Implementation And Application Of Human Rights Covenants, Suk Tae Lee

Michigan Journal of International Law

Under article 40 of the International Covenant on Civil and Political Rights (ICCPR), the State Party undertakes to submit reports on the measures it has adopted which give effect to the rights recognized in the ICCPR and demonstrate the progress it has made in granting its citizens the enjoyment of those rights. The report was examined by the HRC in July 1992 and will be discussed in Part I of this article. The International Covenant on Economic, Social and Cultural Rights (ICESCR) also requires State Parties to submit reports, but the initial report of the South Korean government has not …

The Role Of Human Rights In Global Securtiy Issues: A Normative And Institutional Critique, Douglas Lee Donoho

Michigan Journal of International Law

The purpose of this article is to evaluate the institutional and normative capacity of international human rights to effectively serve such enhanced roles in global peace and security matters. In particular, the analysis focuses on key normative and institutional weaknesses in the existing U.N. human rights system and addresses their implications for the roles which human rights might serve to enhance peace. By describing some of the system's fundamental weaknesses, this analysis also indicates important areas for reform within the U.N. system.

The United Nations And Human Rights And The Contribution Of The American Bill Of Rights, Jan Martenson

William & Mary Bill of Rights Journal

No abstract provided.

The Age Of Rights, Stephen D. Sencer

Michigan Law Review

A Review of The Age of Rights by Louis Henkin

International Human Rights And Feminism: When Discourses Meet, Karen Engle

Michigan Journal of International Law

In this article, the author brings some of the issues identified and discussed in domestic law into public international law, through an analysis of that area of human rights law pertaining to women. Although she is inspired by the domestic debate, her purpose here is not specifically to critique or defend rights. Rather, to explore the various ways that advocates of international women's rights have deployed, and at the same time critiqued, existing rights frameworks in order to achieve change for women. In doing so, the author analyzes the multiple roles that rights discourse plays in the advocacy of women's …

Measuring Freedom? The Undp Human Freedom Index, Lisa J. Bernt

Michigan Journal of International Law

Part I of this Note describes and compares the Humana index and the UNDP's Human Freedom Index. Part II surveys some of the criticism of the Human Freedom Index since its publication in May 1991, and identifies fundamental problems with the manner in which the Human Freedom Index was prepared and presented. This Note concludes with recommendations for refining and presenting such an index in future years.

Human Rights In The World Court, Stephen M. Schwebel

Vanderbilt Journal of Transnational Law

In this Article, Judge Schwebel reviews the cases of the International Court of Justice and its predecessor, the Permanent Court of International Justice, that have substantial human rights implications. He observes that, while the World Court is not a human rights court in the contemporary sense of that term, since standing in contentious cases is limited to States, it nevertheless has constructively dealt with a number of important issues of human rights, as in its early holding that individuals may be the direct beneficiaries of treaty rights.

The Court has played a notable role in promoting the protection of human …

The Human Rights Committee And Articles 7 And 10(1) Of The International Covenant On Civil And Political Rights, 1966, P R. Ghandhi

Dalhousie Law Journal

The International Covenant on Civil and Political Rights and the Optional Protocol thereto, adopted by the General Assembly of the United Nations in Resolution 2200A (XXI) t of 16 December 1966, entered into force on 23 March 1976 in accordance with Articles 49 of the Covenant and 9 of the Protocol respectively. As at 28 July 1989, there were eighty-seven States Parties to the Covenant and forty-five States Parties to the Protocol.

Rule Of Law In A State Of Emergency, John P. Humphrey

Dalhousie Law Journal

Is there any such thing as an absolute human right? Part of the answer to this question will be found in article 4 of the United Nations' Convenant on Civil and Political Rights. The article says in part that "in time of public emergency which threatens the life of the nation ... the States Parties to the present Covenant may take measures derogating from their obligation under the present Covenant to the extent strictly required by the exigencies of the situation ... " Similar provisions will be found in regional conventions on the human rights.

Le Rôle Organisations Internationales Dans La Protection Du Droit À La Vie., Paul Gormley

Dalhousie Law Journal

The emerging role of international and regional organizations toward the realistic protection of the right to life (along with closely related guarantees) constitutes the scope of the scholarly treatise, which is an outgrowth of the author's participation at the Research Center of the Hague Academy of International Law. Precisely Johannes van Aggelen of the Center for Human Rights, United Nations Office at Geneva, is one of the rising scholars of the coming generation of human rights lawyers. Indeed, his work in such closely related fields as humanitarian law, the Arab-Israeli conflict, the right to an adequate food supply and supporting …

The Concept And Present Status Of The International Protection Of Human Rights: Forty Years After The Universal Declaration, Annemieke Holthius

Dalhousie Law Journal

John P. Humphrey, the first Director of the Human Rights Division of the United Nations, in his preface to The Concept and Present Status of the International Protection of Human Rights - Forty Years after the Universal Declaration, observes that the question of the international protection of human rights "has received far too little attention from scholars, statesmen, diplomats and human rights activists". There "has so far been no attempt ... to provide a comprehensive account" of the concept of "protection" within the international law of human rights. In his new book, Dr. B.G. Ramcharan, the distinguished lawyer-adviser in the …

The United Nations Convention On The Rights Of The Child: A Policy-Oriented Overview, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Protection Of Persons (Natural And Juridical), Lung-Chu Chen

Articles & Chapters

No abstract provided.

Toward Adoption Of The United States Convention On The Rights Of The Child, Lung-Chu Chen

Other Publications

No abstract provided.

Jus Cogens: Root And Branch (An Inventory), George D. Haimbaugh Jr.

Touro Law Review

No abstract provided.

The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel

Michigan Law Review

A Review of The Lawful Rights of Mankind: An Introduction to the International Legal Code of Human Rights by Paul Sieghart

An Analysis Of The 1984 Draft Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Pubishment, Ahcene Boulesbaa

Penn State International Law Review (1982 - 2011)

This article will review specific provisions of the Draft Convention Against Torture. Those sections that resolve the conflicting interests at the heart of the non-interference and declaration of competence principles will be highlighted. Those provisions in which the drafters were unable to reach an effective compromise will also be analyzed. The article will focus in one section upon the current Watson/D'Amato debate regarding the existence or non-existence of world-wide enforcement power. Finally, the article will propose further methods through which nations can enforce and promote human rights throughout the world.

Teaching Human Rights Law, Howard R. Berman

Journal of Legal Education

No abstract provided.

The Dilemma Of The Refugee: His Standard For Relief, Leon Wildes

Cardozo Law Review

No abstract provided.

Self-Determination: An Important Dimension Of The Demand For Freedom, Lung-Chu Chen

Articles & Chapters

No abstract provided.

The Approach Of The Helsinki Declaration To Human Rights, Antonio Cassese

Vanderbilt Journal of Transnational Law

The purpose of this paper is to outline briefly the basic attitude toward human rights evidenced in the Helsinki Declaration. By way of introduction, I shall describe summarily how perceptions of human rights have evolved in the United Nations since the adoption of the Charter in 1945. It is in this context that the novelty of the Helsinki exercise can be viewed and assessed.

There are many ways of analyzing and appraising United Nations action in the field of human rights over the years. This complex phenomenon can be divided into various stages, according to prevailing political philosophy. Three phases …

The International Legal Significance Of The Human Rights Provisions Of The Helsinki Final Act, Alexandre C. Kiss, Mary F. Dominick

Vanderbilt Journal of Transnational Law

It may be submitted that the Helsinki Final Act is not a treaty, nor is it similar to resolutions of international organizations. In light of the language used in the text and the signatories' public expressions of intent, the human rights provisions must be deemed to have the same legal nature as the other provisions. The document as a whole falls within a special category of international legal instruments not anticipated by traditional definitions of the sources of international law--that is, non-binding, but directive texts which produce limited legal effects. Its foundation is agreement on a common objective: detente. Its …

The International Bill Of Rights: Scope And Implementation, John P. Humphrey

William & Mary Law Review

No abstract provided.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

AFRICAN GOALS AND DIPLOMATIC STRATEGIES IN THE UNITED NATIONS By Moses E. Akpan

North Quincy, Mass.: Christopher Publishing House, 1976. Pp. 165. $9.95.

============

BASIC PROBLEMS OF THE EUROPEAN COMMUNITY

Edited by P.D. Dagtoglou

Oxford: Basil Blackwell, 1975. Pp. xvii, 286, $18.00.

============

BIBLIOGRAPHY ON TAXATION OF FOREIGN OPERATIONS AND FOREIGNERS: 1968-1975

By Elisabeth Owens & Gretchen Hovemeyer

Cambridge, Mass.: International Tax Program, Harvard Law School,1976. Pp. xiii, 107. $7.50.

==============

THE CONSTITUTION AND THE CONDUCT OF FOREIGN POLICY

Edited by Francis 0. Wilcox and Richard A. Frank

New York: Praeger Publishers, 1976. Pp. xiv, 145. $12.50.

=============== …

Book Notes: International Protection Of Human Rights, Alessandra Luini Del Russo

Vanderbilt Journal of Transnational Law

Until the Nuremburg Tribunal, international thought concerning human rights conformed to the idea that the guarantor of these rights was the national sovereign. With the birth of the United Nations and the Universal Declaration of Human Rights, the need for international guarantees of human rights within a state was formally recognized; that individuals have certain inalienable human rights is a proposition which few nations will dispute today. Furthermore, despite wide ideological differences, most states have found it possible to agree on the scope and consequences of man's fundamental freedoms.

Moskowitz: Human Rights And World Order. The Struggle For Human Rights In The United Nations, Egon Schwelb

Michigan Law Review

A Review of Human Rights and World Order. The Struggle for Human Rights in the United Nations. By Moses Moskowitz.