International Humanitarian Law Commons^™

The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler

UIC Law Review

No abstract provided.

Reconceptualizing The Boundaries Of "Humanitarian" Assistance: "What's In A Name" Or "The Importance Of Being 'Earnest'"?, 40 J. Marshall L. Rev. 195 (2006), Surabhi Ranganathan

UIC Law Review

No abstract provided.

The Profit Motive: Can Corporate Networks Be An Effective Conduit For Improving Worker Rights?, Alisa Dicaprio

Human Rights & Human Welfare

A review of:

Can Labor Standards Improve Under Globalization? By Kimberly Elliott and Richard Freeman. Washington: Institute for International Economics, 2003. 179pp.

and

Rising Above Sweatshops: Innovative Approaches to Global Labor Challenges. Edited by Laura Hartman, Denis Arnold and Richard Wokutch. Westport: Praeger Publishers, 2003. 414pp.

and

Transnational Corporations and Human Rights. Edited by Jedrzej Frynas and Scott Pegg. London: Palgrave Macmillan, 2003. 223pp.

Addressing The Gaps—Promise And Performance, Synthesis And Purity, Large-N And Small-N: A Response To Moore, Todd Landman

Human Rights & Human Welfare

A response to:

Moore, W. (2006). Synthesis v. purity and large-N studies: How might we assess the gap between promise and performance? Human Rights, Human Welfare, 6(1).

Polemics In The Israeli-Palestinian Conflict, Jerome Slater

Human Rights & Human Welfare

A review of:

The Case for Israel by Alan Dershowitz. Hoboken, New Jersey: John Wiley & Sons, 2003. 264pp.

and

Beyond Chutzpah: On the Misuse of Anti-Semitism and the Abuse of History by Norman G. Finkelstein. Berkeley: University of California Press, 2005. 332pp.

Human Rights In Guatemala, Jennifer Archibald

Human Rights & Human Welfare

Thirty six years of civil war affected human rights negatively in Guatemala. Many actors that violated human rights were also victims of human rights violations; a complex series of events that has still not been fully resolved today.

Human Rights In Honduras, Andrea Degaetani

Human Rights & Human Welfare

Honduras’ history of human rights violations is rooted in a political culture of militarization. Following a military coup in 1963, Honduras faced strengthened military authority and a decade of harsh military rule. It was also during this time that the United States used the country as a base for Contras fighting leftist Sandinistas in Nicaragua. In 1981 Honduras returned to a parliamentary democracy, electing Roberto Suazo Cordova as president. However, by then the process of militarization had been so heavily funded by the U.S and had made such a significant impact on public policy that little changed for the better. …

Paul J. Magnarella On European Court Of Human Rights: Remedies And Execution Of Judgments. Edited By Theodora Christou And Juan Pablo Raymond. London, Uk: British Institute Of International And Comparative Law, 2005. 115 Pp., Paul J. Magnarella

Human Rights & Human Welfare

A review of:

European Court of Human Rights: Remedies and Execution of Judgments. Edited by Theodora Christou and Juan Pablo Raymond. London, UK: British Institute of International and Comparative Law, 2005. 115 pp.

When Globalization Hits Home: International Family Law Comes Of Age, Barbara Stark

Vanderbilt Journal of Transnational Law

Not that long ago, international family law (IFL) referred to a series of multilateral conventions basically concerned with conflicts of law questions. It could be studied as part of a course on family law or as part of a course on conflicts of law. But IFL, or family law in which more than one State has an interest, has grown up and become a subject of its own. This is not merely a curricular development. Rather, it reflects and reinforces two of the most powerful trends of the last fifteen years: globalization and the spread of human rights. Globalization is …

Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt

Journal Publications

When warlords use violence to coerce democratically constituted governments to share power, does power-sharing simply become a euphemism for "guns for jobs"? Which legal rules, if any, govern peace agreements in internal conflicts? Specifically, which rules regulate power-sharing? Are the aims of peace, justice, and adherence to the rule of law attainable, let alone compatible, with coerced political transitions where warlords force democratically constituted or legitimate governments to share power?

This Article represents the first conscientious attempt to address these questions, present a conceptual framework for examining the legal and political efficacy of coercing democratically constituted governments into sharing power, …

Human Dignity In The Line Of Fire: The Application Of International Human Rights Law During Armed Conflict, Occupation, And Peace Operations, John Cerone

Vanderbilt Journal of Transnational Law

One of the most controversial and politically charged issues in current human rights discourse is whether and to what extent states are bound by human rights obligations with respect to the conduct of their armed forces abroad in armed conflict, occupation, and peace operations. Underlying the controversy are a number of complex legal questions, several of which have eluded definitive resolution. Chief among these questions is whether individuals affected by the conflict are among those whose rights states are obliged to secure. Answering these questions is further complicated in situations of collective action, giving rise to such questions as whether …

The Responsibility To Protect: From Document To Doctrine - But What Of Implementation, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Scholarly Articles in Law Reviews & Journals

In recent years, the issue of human trafficking - the recruitment or movement of persons by means of coercion or deception into exploitative labor or slavery-like practices - has moved from the margins to the mainstream political agenda. The rapid proliferation of international, regional and domestic anti-trafficking laws bespeaks universal condemnation of the practice, but belies deep divisions among States over how to define and approach the problem. It is thus significant that the international community was able to reach consensus and conclude a new international law on trafficking - the Palermo Protocol. But just weeks before the signing of …

The Right To Food: Holding Global Actors Accountable Under International Law, Smita Narula

Elisabeth Haub School of Law Faculty Publications

Economic globalization represents both an unmet opportunity and a significant challenge for the fulfillment of social and economic rights, including the right to food. While corporate sector accountability and the responsibility of international financial institutions (IFIs) to ensure social and economic rights are now at the forefront of the globalization discourse, greater attention must be paid to how these actors can be held accountable under international law. The existing human rights legal framework is ill-equipped to deal with violations committed by non-state actors, such as transnational corporations (TNCs), and multi-state actors, such as IFIs. Using the right to food as …

Rettungsfolter (“Rescue Torture”): Report On The Gäfgen V. Germany Case Pending Before The European Court On Human Rights, James Maxeiner

All Faculty Scholarship

This comment reports on a case pending before the European Court of Human rights which raises the question whether torture can ever be supported to save human life.

The Limits Of Intervention—Humanitarian Or Otherwise, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Dark Sides of Virtue: Reassessing International Humanitarianism by David Kennedy. Princeton: Princeton University Press, 2004. 400 pp.

and

At the Point of a Gun: Democratic Dreams and Armed Intervention by David Rieff. New York: Simon & Schuster, 2005. 288 pp.

How To Recapture Human Rights Within The Political: Validating The Discourse Theory Approach, Magdalena Zolkos

Human Rights & Human Welfare

A review of:

Human Rights and Democracy: Discourse Theory and Global Rights Institutions by Eva Erman. Aldershot: Ashgate, 2005. 243 pp.

In Plain Sight? Human Trafficking And Research Challenges, Austin Choi-Fitzpatrick

Human Rights & Human Welfare

A review of:

In Modern Bondage: Sex Trafficking in the Americas. Edited by David E. Guinn and Elissa Steglich. Ardsley, NY: Transnational Publishers, 2003. 475pp.

Synthesis V. Purity And Large-N Studies: How Might We Assess The Gap Between Promise And Performance?, Will H. Moore

Human Rights & Human Welfare

A review of:

Protecting Human Rights: A Comparative Study by Todd Landman. Washington, DC: Georgetown University Press, 2005, 231 pp.

Adolf Eichmann: Understanding Evil In Form And Content, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Criminal Case 40/61, the Trial of Adolf Eichmann by Harry Mulisch. Philadelphia: University of Pennsylvania Press, 2005.

The Organization Of American States, Natalie Knowlton

Human Rights & Human Welfare

The international community focused its attention on protecting human rights in response to horrendous human rights abuses during World War II. Latin and South American states enacted The American Declaration of the Rights and Duties of Man [Declaration] in 1948, shortly after their creation of the Organization of American States [OAS]. While the Declaration set forth dozens of rights, little was done in the next decade to establish a means for their protection.

Human Rights In Peru, William Osborne

Human Rights & Human Welfare

As many Central and South American nations continue to experience the human rights violations that characterized the twentieth century, Peru has moved forward. The truth and reconciliation process, which officially ended with a final report in August 2003 and corrective legal action by recent governments, created a stable nation where the rule of law applies.

Rights-Based Approaches To Development: Introduction, Sarah Hamilton

Human Rights & Human Welfare

This digest offers a multidimensional, well-chosen, and timely compilation of resources analyzing the myriad relationships between fields devoted to the realization of human rights and human development. I appreciate having the opportunity to introduce the issue for two reasons. First, the contributors perform a tremendous service to both fields. They have created an accessible pathway to works that engage: the normative, substantive, and empirical dimensions of the human rights/development nexus; key debates among theoreticians, policy-makers, and practitioners concerning this nexus; inclusive analysis of institutional frameworks and actors; and attention to both opportunities for, and challenges to, the realization of increasingly …

The African Union, Makaria Green

Human Rights & Human Welfare

The African Union (AU) was established on July 8, 2001. Its predecessor was the Organization for African Unity (OAU)—established in 1963. The charter that created the OAU was the result of several multinational African conferences held in the 1950s and 1960s aimed at supporting Africans who were still under colonial rule to incite change through non-violent means. The OAU had just four organs: the Assembly of Heads of State and Government, the Council of Ministers, the General Secretariat and the Commission of Mediation, and Conciliation and Arbitration. On September 9, 1999, the Assembly of Heads of State and Government issued …

International Monetary Fund, Kris Kirby

Human Rights & Human Welfare

Just as the United Nations (U.N.) was created in direct response to the human atrocities and international conflict of World War II, the International Monetary Fund (IMF) was created to help repair the decimation that was experienced by the developed nations that became involved in the war. While both organizations have seemingly similar objectives (i. e. , post-war reconstruction and creation of an environment for lasting peace), the Articles of Agreement of the IMF, however, contains no explicit mention of human rights.

Office Of The High Commissioner For Human Rights, Robin Richardson

Human Rights & Human Welfare

A rights-based approach to development is a conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights. Essentially, a rights-based approach integrates the norms, standards and principles of the international human rights system into the plans, policies and processes of development (The Office of the High Commissioner for Human Rights).

United Nations Development Programme, Jason Keeler

Human Rights & Human Welfare

The central goal of Development has and will be the promotion of human well-being. Given that human rights define and defend human well-being, a rights-based approach to development provides both the conceptual and practical framework for the realization of human rights through the development process (United Nations Development Programme: Regional Bureau for Asia & Pacific ).

World Health Organization, Wendy Braun

Human Rights & Human Welfare

Over the past 60 years the World Health Organization (WHO) has succeeded in improving the general standard of health around the world. The WHO is an international agency within the United Nations and is comprised of 192 countries. The World Health Assembly, a 34 member elected board, meets annually to determine new regulations and budgetary needs for the organization. Rights-based policy is integrated throughout the World Health Organization’s programs. The WHO works with several entities, including non-governmental organizations, U.N. agencies and private organizations to achieve goals and implement new programs. Key topics for the WHO include gender rights, policy, and …

World Bank, Adrienne Stohr

Human Rights & Human Welfare

The mission of the World Bank is to aid developing countries stabilize their economies through financial and technical assistance. The five dominant themes that emerge in a review of the World Bank literature are: health, gender, environment, globalization, and global governance. Each of these themes is broadly related to issues that consistently influence the larger issue of how the World Bank incorporates, rejects, or impacts human rights.