Human Rights Law Commons^™

Testimony Before The Senate Committee On Foreign Relations, Convention Against Torture, David F. Forte

Law Faculty Presentations and Testimony

Hearing to examine issues related to U.S. ratification of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment requiring nations to take measures to prevent torture and cruel and inhuman treatment, to prosecute or extradite alleged torturers, and to provide civil remedies for torture victims.

Support for U.S. ratification of UN convention against torture; examination of and concerns about proposed reservations and conditions to convention text (related materials, p. 49-60, 69-72); justification for certain reservations relating to U.S. sovereignty.

The Basic Collective Human Right To Self Determination Of Peoples And Nations As A Prerequisite For Peace, Frank Przetacznik

NYLS Journal of Human Rights

No abstract provided.

The Comprehensive Plan Of Action For Indo-Chinese Refugees: An Experiment In Refugee Protection And Control, Arthur C. Helton

NYLS Journal of Human Rights

No abstract provided.

Explaining The Legal System's Inadequate Response To The Abuse Of Women: A Lack Of Coordination, Matthew Litsky

NYLS Journal of Human Rights

No abstract provided.

The United States Should Withdraw Its Reservations To The Genocide Convention: A Response To Professor Paust's Proposal, Maria Frankowska

Michigan Journal of International Law

A reiteration of Professor Paust's views on the topic, followed by an alternative course of action, and the international and domestic aspects of the withdrawal process.

International Health Law, International Travel Restrictions, And The Human Rights Of Persons With Aids And Hiv, 1 Touro J. Transnat'l L. 285 (1990), Michael L. Closen, Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.

Human Rights V. Extradition: The Soering Case, Stephan Breitenmoser, Gunter E. Wilms

Michigan Journal of International Law

The European Convention for the Protection of Human Rights and Fundamental Freedoms is widely regarded as the most dynamic and effective of the various international human rights instruments. Its impact on the judiciary of the twenty-three Western European Member States, as well as its pace-setting role for other international mechanisms for the protection of human rights, has recently been confirmed by the unanimous judgment of the European Court of Human Rights in Soering v. United Kingdom. In its judgment delivered on July 7, 1989, the Court held that the United Kingdom would act in violation of article 3 of …

The Israeli Demolition Of Palestinian Houses In The Occupied Territories: An Analysis Of Its Legality In International Law, Martin B. Carroll

Michigan Journal of International Law

The recent Palestinian uprising in the Israeli Occupied Territories, otherwise known as the Intifadah, has brought greater attention to Israel's security measures. Specifically, the Intifadah has raised questions of the efficacy and legality of Israel's attempts to control the local population by means criticized by many as overly heavy-handed. One such practice employed by the Israelis is the demolition or sealing of houses in which a resident is believed to have committed a political or violent act against the interests of the State of Israel. The intent of this paper is to examine the legality of the destruction of houses …

The West Bank Aquifer And Conventions Regarding Laws Of Belligerent Occupation, Jamal L. El-Hindi

Michigan Journal of International Law

This Note will provide an introductory analysis of the conventions on belligerent occupation as they apply to the West Bank aquifer. Part I provides a brief analysis of the current situation in the region. Part II provides an overview of the relevant conventions on belligerent occupation and then focuses on how these laws apply to underground water resources in the West Bank. Finally, Part III outlines potential developments for the maintenance of complicity with the developing law of belligerent occupation, taking into account developments in international water law.

The Effect Of The Tiananmen Square Massacre Upon Negotiations For The Draft Basic Law Of The Hong Kong Special Administrative Region, Wendy Dullea Bowie

Penn State International Law Review (1982 - 2011)

This Comment will examine the effect of the massacre and the Chinese government's subsequent actions upon the negotiation of certain provisions of Hong Kong's future laws. Section II will examine the massacre, China's subsequent denial of any massacre, and Hong Kong's reaction to those events. Section III will discuss Great Britain's acquisition of Hong Kong, and the China-Britain agreement regarding Hong Kong. Section IV will compare provisions for the protection of human and individual rights contained within the Constitution of the People's Republic of China (PRC Constitution), the China-Britain Joint Declaration, (Joint Declaration) and the Draft Basic Law (DBL) which …

The Modern Blood Feud: Thoughts On The Philosophy Of Terrorism, Christopher L. Blakesley

Scholarly Works

Herman Melville brilliantly lets us feel, through Captain Ahab, the sensation of destructive rage, hatred and violence. Sadly, Melville's insight penetrates to the core of society, perhaps of each of us, in today's omnipresent terroristic melodrama. We have all suffered moments of vicarious terror and rage over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. The melodrama of terrorism has penetrated each of our lives. We see it and feel the rage nearly on a daily basis. Innocent children, women and men aboard Pan …

Major Contemporary Issues In Extradition Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on high crimes in international law, and the ability to extradite state and high government officials for committing them.

Coherence And The European Court Of Human Rights: The Adjudicative Background To The Soering Case, Colin Warbrick

Michigan Journal of International Law

On January 1, 1990, the Eighth Protocol to the European Convention on Human Rights came into force. This Protocol makes some amendments to the structure and procedure set out in the Convention itself. The need for reform was created by the increasing workload of the institutions, which had reached such a level that the backlog of applications before the Commission would have continued to increase at a greater rate than the Commission's capacity to dispose of them. There are several reasons for this overwhelming burden. The acceptances by States of the right of individual application under article 25 have been …

Democracy, Counterinsurgency, And Human Rights: The Case Of Peru, Angela Cornell, Kenneth Roberts

Cornell Law Faculty Publications

The wave of authoritarianism that swept over Latin America in the 1960s and 1970s focused international attention on the human rights violations committed by military dictatorships. As most Latin American nations experienced transitions to democratic rule in the 1980s, hopes were raised that human rights would be more widely respected. Nevertheless, it is questionable whether a regime change from dictatorship to democracy necessarily entails renewed respect for human rights. Does redemocratization represent a fundamental change in the exercise of political authority—that is, in relations between the state and civil society—or are there conditions under which democratic institutions and constitutional norms …

Panel Discussion Symposia: 1990: I - Accountability For State-Sponsored Human Rights Violations; Ii - The Circumvention Of Accountability; Iii - Achieving Accountability By Alternative Means, Kenneth Anderson, Ruti Teitel, Roberto Garraton Merino, Felipe Michelini, Alejandro Garro, Jaime Malamud-Goti

Presentations

Dedicated to the Memory of Owen M. Kupferschmid As the program indicates, the next panel addresses the issues of punishment, amnesties and pardons. The last ten years have witnessed in Latin America and other regions of the world, transitions from military regimes to democratically elected regimes. This shift has brought a call for a response by the legal systems to the gross abuses of prior military dictatorships and to the massive violations of basic human rights, including disappearances and torture.' This response took the form of trials of military officers in Argentina and other places.2 Amid this call for trials …

International Human Rights Law Concerning Women: Case Notes And Comments, Rebecca J. Cook

Vanderbilt Journal of Transnational Law

This Essay addresses the application of international human rights law to women. Most of the cases addressed in this Essay involve alleged discrimination based on sex or marital status. Professor Cook notes that international, regional, and national courts have applied human rights principles to ensure that women's human rights are upheld, although not always to the full extent originally envisioned under the Universal Declaration of Human Rights. To illustrate this point, Professor Cook reviews cases arising under international, regional, and specialized treaties, including the International Covenant on Civil and Political Rights, and the extent to which such discrimination interferes with …

The Legal Implications Of The Refugee Crisis, R. K.L. Panjabi

Vanderbilt Journal of Transnational Law

CLOSING THE DOORS: THE FAILURE OF REFUGEE PROTECTION By David Matas with Ilana Simon Toronto: Summerhill Press 1989

David Matas is a Canadian lawyer who has served on a Task Force on Immigration Practices and Procedures, has participated in the Canadian Council for Refugees, and has spoken publicly on the refugee crisis. He has written a critical, provocative analysis of the response of the Western world to the refugee problem, with emphasis on the policies of the present Government of Canada. His aim is to expose the injustices of the legislative and procedural systems for refugees in Canada. He writes …

The Restatement (Third)'S Human Rights Provisions: Nothing New, But Very Welcome, Daniel T. Murphy

Law Faculty Publications

An overview of the human rights provisions (§§ 701-703, 711) contained in the Restatement (Third) of the Foreign Relations Law of the United States.

Bearing Witness: The Art And Science Of Human Rights Fact-Finding, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Disappearances And The Inter-American Court: Reflections On A Litigation Experience, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Capacity Of International Law To Advance Ethnic Or Nationality Rights Claims, S. James Anaya

Publications

No abstract provided.

Meeting The Diverse Needs Of The Poor, David T. Link, Harry Specht, Gregory Evans

Journal Articles

Forums such as this develop our understanding of current efforts to bring about positive change for America's poor. The Journal's compilation and dissemination of important, thoughtful essays on poverty is laudable.

The one thing that is clear about the poor and the homeless is that their problems are multi-faceted. No one theory or group can provide all the solutions. People are poor and homeless for a wide variety of reasons, and they need different kinds of help. Providing more income assistance will not cure poverty, and providing more housing will not remedy homelessness. Neither the public nor the private sector …

Finding A Consensus On Equality: The Homosexual Age Of Consent And The European Convention On Human Rights, Laurence R. Helfer

Faculty Scholarship

No abstract provided.

Justice In A Post-Apartheid South Africa, Penelope Andrews

Other Publications

No abstract provided.

Tibet To Tienanmen: Chinese Human Rights And United States Foreign Policy, W. Gary Vause

Vanderbilt Law Review

The roof of the world, land of the snows, alleged home of the Abominable Snowman, and place for the timeless meeting of mountain and sky--these are the Western visions of Tibet.' Most Americans know little else about this strange and exotic land shrouded in historical obscurity. Modern Tibet is a curious stockpot of native Tibetans and immigrant Chinese, which until recently was seasoned with increasing numbers of Western tourists, backpackers of all ages, vagabonds,and visitors from neighboring Nepal.'On June 4, 1989, China's 27th Army brutally crushed democracy demonstrations that had extended for seven weeks in Beijing and other Chinese cities. …

The Politics Of The Imagination: A Life Of F.R. Scott, J King Gordon

Dalhousie Law Journal

The task of a biographer is a challenging one at best. And when the subject is one who has achieved distinction in many fields the difficulties are magnified many times. Better, perhaps, to settle for a Festschift where colleagues and friends in fields in which the subject has excelled join together to pay their separate tributes. So in the case of Frank Scott and his biographer, Sandra Djwa. She is a professor of literature and has achieved recognition for the work she has done on the writings and life of E.J. Pratt. It was undoubtedly Frank Scott, the distinguished Canadian …

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 …

Universal Kinship And The Supreme Court, Louis Lusky

Cardozo Law Review

No abstract provided.

Slouching Toward Integration: International Banking Before And After 1992, Shari Siegel

Cardozo Law Review

No abstract provided.

Interdependence And Permeability Of Human Rights Norms: Towards A Partial Fusion Of The International Covenants On Human Rights, Craig Scott

Osgoode Hall Law Journal

Using the doctrine of interdependence of human rights as a starting point, the author considers the extent to which international human rights norms located in the International Covenant on Economic, Social and Cultural Rights (ICESCR) "permeate" the parallel International Covenant on Civil and Political Rights (ICCPR), thereby permitting certain social and economic rights to be subjected to the individual petition procedure under the ICCPR's Optional Protocol. After elucidating the notion of interdependence, the author evaluates the salience of the concept in international human rights discourse, and weighs this against arguments for the continued normative separation of the Covenants based on …