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Articles 5341 - 5370 of 11823

Full-Text Articles in Human Rights Law

A Message Of Hope, Dean Rusk Apr 2015

A Message Of Hope, Dean Rusk

Georgia Journal of International & Comparative Law

No abstract provided.


Panel Iii: General Discussion, Georgia Journal Of International And Comparative Law Apr 2015

Panel Iii: General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights And Internal Conflicts: Some Aspects Of The United Nations Approach, Thomas Mccarthy Apr 2015

Human Rights And Internal Conflicts: Some Aspects Of The United Nations Approach, Thomas Mccarthy

Georgia Journal of International & Comparative Law

No abstract provided.


The Helsinki Final Act: Peace Through Diplomacy, Max M. Kampelman Apr 2015

The Helsinki Final Act: Peace Through Diplomacy, Max M. Kampelman

Georgia Journal of International & Comparative Law

No abstract provided.


Panel Ii: General Discussion, Georgia Journal Of International And Comparative Law Apr 2015

Panel Ii: General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Conflicting Norms Of Intervention: More Variables For The Equation, Jordan J. Paust Apr 2015

Conflicting Norms Of Intervention: More Variables For The Equation, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.


Problems With The Application Of Norms Governing Interstate Armed Conflict To Non-International Armed Conflict, Waldemar A. Solf Apr 2015

Problems With The Application Of Norms Governing Interstate Armed Conflict To Non-International Armed Conflict, Waldemar A. Solf

Georgia Journal of International & Comparative Law

No abstract provided.


Coping With Non-International Armed Conflicts: The Borderline Between National And International Law, Bart De Schutter, Christine Van De Wyngaert Apr 2015

Coping With Non-International Armed Conflicts: The Borderline Between National And International Law, Bart De Schutter, Christine Van De Wyngaert

Georgia Journal of International & Comparative Law

No abstract provided.


Humanitarian Law And Internal Armed Conflicts, G.I.A.D. Draper Apr 2015

Humanitarian Law And Internal Armed Conflicts, G.I.A.D. Draper

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights In Nigeria's External Relations: Exigency, Methods, And Rebuttable Objections, Philip C. Aka Apr 2015

Human Rights In Nigeria's External Relations: Exigency, Methods, And Rebuttable Objections, Philip C. Aka

Buffalo Human Rights Law Review

No abstract provided.


Aiding Transitional Justice In Solomon Islands, Nicole Dicker Apr 2015

Aiding Transitional Justice In Solomon Islands, Nicole Dicker

Buffalo Human Rights Law Review

Overall in Solomon Islands, foreign aid donors have neither engaged effectively with transitional justice itself nor leveraged transitional justice in support of broader development outcomes. Transitional justice in Solomon Islands responds to the five-year period of violent civil conflict, the Tensions, which devastated the Pacific Island nation of Solomon Islands from 1998 to 2003. The Tensions resulted in the deaths of an estimated 200 people and left some 35,000 people displaced; many suffered abductions, illegal detentions, torture and ill-treatment, sexual violence, and property violations. To remedy past human rights abuses, several transitional justice measures have been implemented in Solomon Islands, …


How To Become A Real-Life Human Rights Activist, Provost Marcella David Apr 2015

How To Become A Real-Life Human Rights Activist, Provost Marcella David

Environmental and Animal Law

Florida Agricultural and Mechanical University College of Law presented an Annual Lecture on Human Rights & Global Justice. FAMU's Provost, Vice President for Academic Affairs and Professor of Law has taught public international law, human rights, national security law, and humanitarian law. Her research interests include the use of economic and other sanctions, international criminal law, and questions related to international organizations.


Green Energy In Indian Country As A Double-Edged Sword For Native Americans: Drawing On The Inter-American And Colombian Legal Systems To Redefine The Right To Consultation, Diana Coronel David Apr 2015

Green Energy In Indian Country As A Double-Edged Sword For Native Americans: Drawing On The Inter-American And Colombian Legal Systems To Redefine The Right To Consultation, Diana Coronel David

Student Works

Energy is a key component in the redress of climate change evils and the United States has one of the highest per capita energy consumption in the world. The federal government’s goal is to reduce the country’s dependence on oil and double its wind and solar electricity generation by 2025. The development of renewable energy projects is to a great extent tied to Indian Country. This is highly important for Indian tribes as an empowering mechanism. Such projects could represent new sources of income for tribes whose traditional subsistence-based lifestyles have been impacted by climate change. Renewable energy projects in …


Reproductive Rights Under Attack: Can The Fundamentals Of Roe Survive?, Cheryl E. Amana-Burris J.D., L.L.M. Apr 2015

Reproductive Rights Under Attack: Can The Fundamentals Of Roe Survive?, Cheryl E. Amana-Burris J.D., L.L.M.

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.


Deconstructing And Reconstructing Rights For Immigrant Children, Erin B. Corcoran Apr 2015

Deconstructing And Reconstructing Rights For Immigrant Children, Erin B. Corcoran

Law Faculty Scholarship

Children rights advocates and scholars alike continue to call for the development of innovative and alternative rights models, which specifically provide for an expansive conceptualization of children’s rights. Central to their calls for reform is a simultaneous recognition that children’s rights must embody agency – a child’s voice (a proxy for autonomy) – free from governmental interference, as well as the establishment of certain fundamental “needs” that place an affirmative obligation on the State to ensure the child has, and affirmatively provide, when necessary. Reimagining children’s rights also requires reforming our laws in such a way that reflects children as …


Genocide Denial And The Law: A Critical Appraisal, Paul Behrens Apr 2015

Genocide Denial And The Law: A Critical Appraisal, Paul Behrens

Buffalo Human Rights Law Review

Genocide denial carries particular relevance for international law: it is the negation of international crimes, and it can prepare the ground for new crimes of this kind. But its criminalization raises concerns as well. The danger of a clash with human rights, particularly with the freedom of ex- pression, cannot be dismissed lightly. This article explores reasons for and repercussions of the criminalization of denial. It also investigates alterna- tives, including the use of truth and reconciliation, and evaluates methods that focus on direct confrontation of the deniers.


Suboptimal Human Rights Decision-Making, Richard C. Chen Apr 2015

Suboptimal Human Rights Decision-Making, Richard C. Chen

Florida State University Law Review

The literature on human rights generally assumes that when a state fails to comply with human rights norms, it is because the state’s leaders rationally determined that a violation would maximize the state’s expected utility. Strategies for improving compliance accordingly focus on altering a state’s expected utility calculation either through coercion, which seeks to introduce external incentives that make compliance more attractive, or persuasion, which seeks to recalibrate a state’s underlying preferences. A wide array of social science research, however, has demonstrated that human beings regularly make suboptimal decisions that fail to maximize their expected utility. This so-called behavioral research …


Getting To Group Under U.S. Asylum Law, Jillian Blake Apr 2015

Getting To Group Under U.S. Asylum Law, Jillian Blake

Notre Dame Law Review Reflection

In February 2014, the Board of Immigration Appeals (BIA or the Board) issued two new precedential decisions, Matter of M-E-V-G- and Matter of W-G-R-, clarifying the legal requirements for PSG asylum. This Essay argues that the BIA’s decisions further confuse this already complex area of law and the standards established in the decisions exclude particular social groups already recognized under U.S. law. The complications and contradictions in these and other BIA decisions carry the risk of excluding valid claims to PSG protection and rely upon criteria that cannot be applied consistently. Because the new BIA PSG standards are unworkable, …


Kiobel, Bauman, And The Presumption Against The Extraterritorial Application Of The Alien Tort Statute, Ross J. Corbett Apr 2015

Kiobel, Bauman, And The Presumption Against The Extraterritorial Application Of The Alien Tort Statute, Ross J. Corbett

Northwestern Journal of Human Rights

No abstract provided.


A Call For The Eu To Assume Jurisdiction Over Extraterritorial Corporate Human Rights Abuses, Jodie A. Kirshner Apr 2015

A Call For The Eu To Assume Jurisdiction Over Extraterritorial Corporate Human Rights Abuses, Jodie A. Kirshner

Northwestern Journal of Human Rights

No abstract provided.


Speech-Conditioned Funding And The First Amendment: New Standard, Old Doctrine, Little Impact, Heather Blakeman Apr 2015

Speech-Conditioned Funding And The First Amendment: New Standard, Old Doctrine, Little Impact, Heather Blakeman

Northwestern Journal of Human Rights

No abstract provided.


Inciting Genocide With Words, Richard A. Wilson Apr 2015

Inciting Genocide With Words, Richard A. Wilson

Michigan Journal of International Law

During the 1994 genocide in Rwanda, observers emphasized the role of media propaganda in inciting Rwandan Hutus to attack the Tutsi minority group, with one claiming that the primary tools of genocide were “the radio and the machete.” As a steady stream of commentators referred to “radio genocide” and “death by radio” and “the soundtrack to genocide,” a widespread consensus emerged that key responsibility for the genocide lay with the Rwandan media. Mathias Ruzindana, prosecution expert witness at the ICTR, supports this notion, writing, “In the case of the 1994 genocide in Rwanda, the effect of language was lethal . …


The Legal Status Of Employees Of Private Military/Security Companies Participating In U.N. Peacekeeping Operations, Mohamad Ghazi Janaby Apr 2015

The Legal Status Of Employees Of Private Military/Security Companies Participating In U.N. Peacekeeping Operations, Mohamad Ghazi Janaby

Northwestern Journal of Human Rights

No abstract provided.


The Constitutionality Of Indefinite Detainment Of United States Citizens As Terrorist Suspects, Spencer Kelly, Tiffany Erickson, Eric Backman Apr 2015

The Constitutionality Of Indefinite Detainment Of United States Citizens As Terrorist Suspects, Spencer Kelly, Tiffany Erickson, Eric Backman

Brigham Young University Prelaw Review

No abstract provided.


Big Fish, Small Ponds: International Crimes In National Courts, Elizabeth B. Ludwin King Apr 2015

Big Fish, Small Ponds: International Crimes In National Courts, Elizabeth B. Ludwin King

Indiana Law Journal

The principle of complementarity in the Rome Statute of the International Criminal Court anticipates that perpetrators of genocide, war crimes, and crimes against humanity will be tried in domestic courts unless there is no state with jurisdiction willing or able to do so. This Article examines the situation where a state might be willing to engage in meaningful local justice but temporarily lacks the capability to do so due to the effects of the conflict. It argues that where the state submits a detailed proposal to the International Criminal Court (ICC) outlining the steps necessary to gain or regain the …


Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell Apr 2015

Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell

Loyola of Los Angeles Law Review

In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the “war on terror” detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture—conduct that violates well-established prohibitions against torture and inhumane treatment under both general international law and the law of war. Under these bodies of law, the United States is required to make reparation—through restitution, compensation, and satisfaction—for acts that violate its international obligations. But the United States has not offered financial compensation to any Guantánamo …


The Ndaa, Aumf, And Citizens Detained Away From The Theater Of War: Sounding A Clarion Call For A Clear Statement Rule, Diana Cho Apr 2015

The Ndaa, Aumf, And Citizens Detained Away From The Theater Of War: Sounding A Clarion Call For A Clear Statement Rule, Diana Cho

Loyola of Los Angeles Law Review

In the armed conflict resulting from the September 11 attacks, the executive authority to order the indefinite detention of citizens captured away from the theater of war is an issue of foreign and domestic significance. The relevant law of armed conflict provisions relevant to conflicts that are international or non-international in nature, however, do not fully address this issue. Congress also intentionally left the question of administrative orders of citizen detainment unresolved in a controversial provision of the 2012 version of the annually-enacted National Defense Authorization Act. While plaintiffs in Hedges v. Obama sought to challenge the enforceability of NDAA’s …


The Giving Tree: A Modern-Day Parable Of Mutual Responsibility, Ertharin Cousin Apr 2015

The Giving Tree: A Modern-Day Parable Of Mutual Responsibility, Ertharin Cousin

Michigan Law Review

For fifty years, The Giving Tree, a short illustrated tale revered by adults and loved by children, has provoked outrage and acclaim in equal measure. Some readers disliked the story so much that they wrote an alternative ending, while others celebrated it as a modern-day parable. Described by its author, Shel Silverstein, as a simple story of a relationship between two people, The Giving Tree reads like a children’s book while offering much food for thought. Since the initial publication, scholars, students, and many others have offered a variety of interpretations and critiques of this short yet provocative work, calling …


Rank Among Equals, Ben A. Mcjunkin Apr 2015

Rank Among Equals, Ben A. Mcjunkin

Michigan Law Review

Dignity is on the march. Once regarded as a subject exclusively within the province of antiquated moral philosophy, dignity—that “shibboleth of all perplexed and empty-headed moralists”—has recently developed into a cornerstone of contemporary legal discourse. Internationally, the concept of human dignity has been central to the emergence and acceptance of universal human rights. Dignity, in some form, is guaranteed by such seminal documents as the Preamble to the Charter of the United Nations, the Universal Declaration of Human Rights, the German Basic Law, and the South African Constitution. Domestically, appeals to dignity undergird popular legal arguments for social and political …


Beginning To Learn How To End: Lessons On Completion Strategies, Residual Mechanisms, And Legacy Considerations From Ad Hoc International Criminal Tribunals To The International Criminal Court, Dafna Gozani Apr 2015

Beginning To Learn How To End: Lessons On Completion Strategies, Residual Mechanisms, And Legacy Considerations From Ad Hoc International Criminal Tribunals To The International Criminal Court, Dafna Gozani

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.