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International Humanitarian Law Commons™
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Articles 151 - 173 of 173
Full-Text Articles in International Humanitarian Law
The Judge And The Drone, Justin Deystone
The Judge And The Drone, Justin Deystone
Publications
Among the most characteristic issues in modern jurisprudence is the distinction between adjudication and legislation. In the some accounts, a judge's role in deciding a particular controversy is highly constrained and limited to the application of preexisting law. Whereas legislation is inescapably political, adjudication requires at least some form of impersonal neutrality. In various ways over the past century, theorists have pressed this conventional account, complicating the conceptual underpinnings of the distinction between law-application and lawmaking. This Article contributes to this literature on the nature of adjudication through the resuscitation of a structuralist mode of legal interpretation. In the structuralist …
A Proposal For Addressing Violations Of Indigenous Peoples' Environmental And Human-Rights In The Inter-American Human Rights System, Natalia Gove
Student Works
International concerns in the areas of human rights, health, and environment have expanded considerably in the past several decades. International environmental law primarily focuses on environmental damage, rather than its impact on human beings. The focus of environmental treaties is primarily on constraining environmentally deleterious behavior, rather than preventing injuries to people. Part I of this paper will discuss the significance of environmental protection for indigenous peoples. Part II will analyze the linkage between environmental and human rights, as well as the lack of a direct enforcement mechanism for redressing violations of environmental rights. It will also describe the existing …
On Locating The Rights Of Lost, 45 J. Marshall L. Rev. 1051 (2012), Ricardo A. Sunga Iii
On Locating The Rights Of Lost, 45 J. Marshall L. Rev. 1051 (2012), Ricardo A. Sunga Iii
UIC Law Review
No abstract provided.
Following A Sigmoid Progression: Some Jurisprudential And Pragmatic Considerations Regarding Territorial Acquisition Among Nation-States, John C. Duncan, Jr.
Following A Sigmoid Progression: Some Jurisprudential And Pragmatic Considerations Regarding Territorial Acquisition Among Nation-States, John C. Duncan, Jr.
Journal Publications
This article analyzes methods and doctrines used by States to acquire territories. The role of the United Nations in resolving disputes between nations and the inhabitants directly affected by the disputes is also addressed, including the jurisdictional, jurisprudential, and practical considerations of territorial acquisition. Finally, traditional territorial acquisition doctrines are applied to extraterrestrial and outer space acquisition. As Western civilization etched out territories and borders across its known world, international norms of diplomatic behavior appeared in the form of customs. These customs eventually grew into codifications, which in turn grew into the elaborate international system enjoyed and protested today. Laws …
Introduction To The Iachr Report On Indigenous And Tribal Peoples' Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Taiawagi Helton
American Indian Law Review
No abstract provided.
Indigenous And Tribal Peoples' Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Inter-American Commission On Human Rights
Indigenous And Tribal Peoples' Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Inter-American Commission On Human Rights
American Indian Law Review
No abstract provided.
Victor's Justice: Selecting "Situations" At The International Criminal Court, 43 J. Marshall L. Rev. 535 (2010), William A. Schabas
Victor's Justice: Selecting "Situations" At The International Criminal Court, 43 J. Marshall L. Rev. 535 (2010), William A. Schabas
UIC Law Review
No abstract provided.
The International Criminal Court: From Rome To Kampala, 43 J. Marshall L. Rev. 515 (2010), Philippe Kirsch
The International Criminal Court: From Rome To Kampala, 43 J. Marshall L. Rev. 515 (2010), Philippe Kirsch
UIC Law Review
No abstract provided.
The International Criminal Court Does Not Have Complete Jurisdiction Over Customary Crimes Against Humanity And War Crimes, 43 J. Marshall L. Rev. 603 (2010), Jordan J. Paust
UIC Law Review
No abstract provided.
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, 43 J. Marshall L. Rev. 603 (2010), Kenneth S. Gallant
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, 43 J. Marshall L. Rev. 603 (2010), Kenneth S. Gallant
UIC Law Review
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
"With Faces Hidden While The Walls Were Tightening": Applying International Human Rights Standards To Forensic Psychology, Michael L. Perlin
"With Faces Hidden While The Walls Were Tightening": Applying International Human Rights Standards To Forensic Psychology, Michael L. Perlin
Articles & Chapters
Although there are now robust bodies of literature in both Alaw and psychology and in international human rights law, there has been remarkably little written about the specific relationship between forensic psychology and international human rights standards (and about the relationship between mental disability law and such standards in general). Attention is paid when it appears that state psychiatry or psychology is used as a tool of political oppressions e.g., in the former Soviet Union or in China, but the literature is strangely silent on questions dealing with the extent to which forensic psychology practice comports withinternational human rights norms. …
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Gender Justice Through Public Interest Litigation: Case Studies From India, Avani M. Sood
Gender Justice Through Public Interest Litigation: Case Studies From India, Avani M. Sood
Vanderbilt Journal of Transnational Law
This Article examines the application of the Supreme Court of India's enterprising Public Interest Litigation (PIL) mechanism to a subject of compelling global concern: violations of women's rights. India is currently receiving much international attention for its dynamism and innovation on various fronts, yet the country also remains steeped in centuries-old norms and conventions. This tension is reflected in the decisions of the Supreme Court, which has assumed an active role in enforcing women's rights through PIL but is sometimes limited in this regard by the complex cultural context in which it operates. Based on an analysis of Indian constitutional …
Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina
Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina
UIC Law Review
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
La Responsabilidad Penal Del Individuo Por El Crimen De "Limpieza Étnica" En La Jurisprudencia Internacional, Emiliano Buis
La Responsabilidad Penal Del Individuo Por El Crimen De "Limpieza Étnica" En La Jurisprudencia Internacional, Emiliano Buis
American University International Law Review
No abstract provided.
Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, 31 Ga. J. Int'l & Comp. L. 493 (2003), Ralph Ruebner
UIC Law Open Access Faculty Scholarship
No abstract provided.
What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam
What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam
Articles
No abstract provided.
Transcript (Symposium: Nazis In The Courtroom: Lessons From The Conduct Of Lawyers And Judges Under The Laws Of The Third Reich And Vichy, France)., Ruti G. Teitel
Articles & Chapters
No abstract provided.
The Alien Tort Statute: International Human Rights Watchdog Or Simply Historical Trivia, 21 J. Marshall L. Rev. 341 (1988), Debra A. Harvey
The Alien Tort Statute: International Human Rights Watchdog Or Simply Historical Trivia, 21 J. Marshall L. Rev. 341 (1988), Debra A. Harvey
UIC Law Review
No abstract provided.
The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng
UIC Law Review
No abstract provided.
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.