Human Rights Law Commons^™

The Published Works Of Sir Nigel Rodley, James W. Hart

Law Librarian Articles and Other Publications

This work is a comprehensive bibliography of the writings of Sir Nigel Rodley that was compiled for the Urban Morgan Human Rights Conference Honoring Sir Nigel Rodley that was held at the University of Cincinnati College of Law on October 28 and 29, 2017. It lists the books that he was the sole author of, books that he edited either solely or with others, chapters in books edited by others, journal articles, conference papers, book reviews, reports issued as part of his UN work, two manuscripts, introductions, forwards, comments, tributes, and obituaries. It does not list decisions of the UN …

Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty

Maine Law Review

President Obama has made clear that the United States must grapple with questions of how to detain and try potentially dangerous terrorism suspects in a manner that maximizes national security while adhering to the rule of law. Yet the United States faces a serious quandary in terms of how to prosecute suspects who have been detained at Guantanamo Bay, Cuba, that puts at risk the reputation of the United States justice system and its adherence to rule of law. The question of what trial system to use for suspected terrorists requires an historical interrogation of how and to what effect …

Unpacking The Deterrent Effect Of The International Criminal Court: Lessons From Kenya, Yvonne M. Dutton, Tessa Alleblas

St. John's Law Review

(Excerpt)

This Article proceeds as follows. Part I begins by explaining deterrence theory in more detail. It follows with an overview of the debate surrounding the ability of international criminal tribunals and the ICC to produce a deterrent effect.

In Part II, we advance our argument regarding the need to reframe the debate about the ICC’s potential to deter. We explain the reasons why the ICC’s deterrent effect must be unpacked and, in doing so, we describe several factors that influence whether and under what conditions the ICC should or should not be able to deter. In Part III, we …

How To Read International Criminal Law: Strict Construction And The Rome Statute Of The International Criminal Court, Caroline Davidson

St. John's Law Review

(Excerpt)

The Article proceeds in four parts. Part I introduces the Rome Statute’s provision on nullum crimen sine lege, focusing in particular on its requirements that judges strictly construe crime definitions, construe ambiguous provisions in favor of defendants, and avoid crime creation by analogy. It offers working definitions for relevant concepts and describes some of the difficulties in applying them, particularly in light of the Rome Statute’s provision setting out the sources of law the court is to consider. Part II asks whether strict construction makes sense in the context of international crimes. It assesses the values that undergird the …

Rowan Clerk In Romania To Discuss Same-Sex Marriage, The Morehead News

Media Collection

No abstract provided.

Leveraging Academic Law Libraries To Expand Access To Justice, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

Academic law libraries are in a unique position to help citizens gain access to the court system and legal information. By creating clinics that focus on helping pro se patrons find and complete legal forms, academic law libraries would not only benefit their schools but also the justice system.

Nineteenth Annual Frank M. Coffin Lecture On Law And Public Service: Community, Rights, And Climate: A Challenge To A Clever Species, Jonathan Lash

Maine Law Review

I want to talk to you today about individual rights and community. I have been struck in reading the Judge’s books and recalling working with him how he honored two competing ideas simultaneously: respect for individual liberty, and a deep belief in the power of government to enhance fairness and promote public well-being. As I shall explain, the tension between those ideas has become increasingly important in the debate over how to address global environmental problems.

Consumer Financial Protection And Human Rights, Chrystin Ondersma

Cornell International Law Journal

This summer the Consumer Financial Protection Bureau proposed a rule that would restrict the use of mandatory arbitration clauses in consumer financial credit contracts. With the administration and Congress seemingly eager to pull back on consumer financial regulations, it is crucial to examine the rights at stake. Many financial institutions have agreed to protect and promote human rights, so pressure from consumers, human rights organizations, and consumer protection advocates may succeed even though Congress has declined to promulgate the CFPB’s proposed rule. This Article argues that the existing binding, mandatory arbitration system in consumer credit contracts is inconsistent with human …

Sub-Saharan Africa Coverage, Human Rights Brief

Human Rights Brief Fall 2017 Regional Coverage

No abstract provided.

International Coverage, Human Rights Brief

Human Rights Brief Fall 2017 Regional Coverage

No abstract provided.

Europe & Central Asia Coverage, Human Rights Brief

Human Rights Brief Fall 2017 Regional Coverage

No abstract provided.

Americas Coverage, Human Rights Brief

Human Rights Brief Fall 2017 Regional Coverage

No abstract provided.

Environmental Human Rights In New York’S Constitution, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

There is an environmental case to be made in favor of convening a Constitutional Convention. On the 200th anniversary birth of Henry David Thoreau, we can remember his admonition: “Live in each season as it passes; breathe the air, drink the drink, taste the fruit, and resign yourself to the influence of the earth.” What has this to do with the Constitution?

Lgbt Rights Are Human Rights: Conditioning Foreign Direct Investments On Domestic Policy Reform, Dara P. Brown

Cornell International Law Journal

No abstract provided.

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …

Asia & Oceania Coverage, Human Rights Brief

Human Rights Brief Fall 2017 Regional Coverage

No abstract provided.

Middle East & North Africa Coverage, Human Rights Brief

Human Rights Brief Fall 2017 Regional Coverage

No abstract provided.

Joint Submission To The Human Rights Committee: Draft General Comment 36 On Article 6, On The Right To Life, American Civil Liberties Union (Aclu), Human Rights Clinic, International Commission Of Jurists, Open Society Justice Initiative, Rights Watch (Uk)

Human Rights Institute

Columbia Law School’s Human Rights Clinic, the International Commission of Jurists, the Open Society Justice Initiative, the American Civil Liberties Union, and Rights Watch (UK) welcome the opportunity to provide the Human Rights Committee (the Committee) with the following observations on its draft General Comment on Article 6 (the draft) of the International Covenant on Civil and Political Rights (the Covenant) on the right to life, ahead of its second reading.

Joint Civil Society Statement On Armed Drones, Sophia Wistenhube

Human Rights Institute

I am presenting a statement that has been endorsed by 46 civil society organisations, from 17 countries. We are committed to preventing and mitigating harm, including violations of international human rights and humanitarian law, from the use of drones in domestic and international deployments of force.

India’S Revised Model Bit: Two Steps Forward, One Step Back?, Jesse Coleman, Kanika Gupta

Columbia Center on Sustainable Investment Staff Publications

In December 2015, the Indian government approved the final text of its revised model bilateral investment treaty (BIT). Shortly thereafter, in February 2016, India published a joint interpretative statement to clarify its understanding of certain treaty provisions found in existing Indian treaties. These recent developments in Indian investment treaty policy are products of a multi-year review process ,prompted at least in part by the 2011 finding against India in the White Industries claim - the first such known finding against the state – and by several notices of dispute received following the determination in that case.

Justice Blackmun And Individual Rights, Diane P. Wood

Dickinson Law Review (2017-Present)

Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the public, …

Jailing The Twitter Bird: Social Media, Material Support To Terrorism, And Muzzling The Modern Press, Rachel E. Vanlandingham

Cardozo Law Review

Social media companies such as Facebook and Twitter are vulnerable to federal criminal prosecution under 18 U.S.C. § 2339B, the material support to terrorism statute, for providing a means for terrorists and their sympathizers to glorify and pursue their violence on social media. This Article exposes that vulnerability as well as the material support statute's conflicts with the First and Fifth Amendments in this context, such as the statute's chilling effect. In particular, the Article explores how social media providers have responded to threats from the U.S. government by suspending hundreds of thousands of user accounts, effectively censoring constitutionally protected …

50 Years Was Too Long To Wait: The Syrian Refugee Crisis Has Highlighted The Need For A Second Optional Protocol To The 1951 Convention Relating To The Status Of Refugees, Yvonne S. Brakel, Rachel E. Kester, Samantha L. Potter

University of Arkansas at Little Rock Law Review

No abstract provided.

Book Review: The Killing Of Death: Denying The Genocide Against The Tutsis, Kee En Chong

Genocide Studies and Prevention: An International Journal

No abstract provided.

Guantanamo Bay - Why Would The United States Ever Actually Prosecute?, Benjamin Wine

Cardozo International & Comparative Law Review

The note examines the legal and ethical dilemmas surrounding the detention of individuals at Guantanamo Bay, focusing on the U.S. government's reluctance to prosecute many detainees despite their prolonged detention. It argues that the indefinite detention, often without formal charges, and the use of controversial interrogation methods violate both domestic and international laws. The analysis highlights the lack of recognition of Guantanamo Bay as a competent tribunal by other nations and explores potential solutions to address these issues.

Corruption As A Violation Of The Right To Education In Indonesia: A Constructivist Approach, Ratna Juwita

Jurnal Hukum & Pembangunan

This paper analyzes the relationship between corruption and realization of human rights in a specific case, the realization of the right to education by utilizing human rights standards concerning the right to education as the parameter of human rights realization. An Indonesian case law about corruption of Bantuan Operasional Sekolah funds in Malang is selected as primary legal data in this paper to provide empirical evidence one of the cases of corruption in education sector. Norm entrepreneurship as part of contructivist theory is selected to explain the phenomenon of emerging scholarly studies and discussion about corruption as a violation of …

Putting “Human Rights” Back Into The U.N. Guiding Principles On Business And Human Rights: Shifting Frames And Embedding Participation Rights, Tara J. Melish

Contributions to Books

Published as Chapter 4 in Business and Human Rights: Beyond the End of the Beginning, Cesar Rodriguez-Garavito, ed.

Research Offers Tough Love To Improve Human Rights Practices, Joel Pruce

Political Science Faculty Publications

We know what it means to practice a skill such as juggling or dancing, but what does it mean to "practice" human rights?

Contributions to OpenGlobalRights (OGR), since its inception, have gravitated around critique of human rights practices by focusing on advocacy and activism, cultivating debates that address the contemporary dilemmas facing human rights movements worldwide. The launch of OGR four years ago is a symptom of what I’ve referred to elsewhere as a “practice turn” in the scholarly field of human rights—one that takes human rights practice as its subject, forges space for scholar-practitioner collaboration and communication, and focuses …

Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman

Texas A&M Law Review

As an attorney and professor that does not focus on intellectual property law, I was a bit apprehensive about providing a keynote address for a Symposium focusing on “Agriculture, Intellectual Property, and Feeding the World in the 21st Century.” As I thought about this topic, knowing that there were other speakers who would focus more on the IP issues and technical aspects of various topics, I kept coming back to the importance of technology as we worktowards the goal of feeding the world, and the many ways in which innovation plays a role in meeting that goal. It also brought …

The Evolution Of The European Union's Asylum Policy Through The 2015 Migrant Crisis, Roshni J. Sopariwalla

Claremont-UC Undergraduate Research Conference on the European Union

Since 2015, an unexpected number of migrants have rushed to the European Union in hopes of improving their lives. Contrary to their expectations, asylum-seekers realized that the EU is neither prepared nor willing to host them. This paper follows the progression of the EU’s asylum policies, beginning with the 1951 Geneva Convention and the principle of non-refoulement. After establishing the criteria necessary for a migrant to be legally recognized as a refugee, the paper will look at how the EU evaluates individual applications for asylum. Through the lens of the 2015 Migrant Crisis, this paper highlights the shortcomings of the …