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International Humanitarian Law Commons™
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Articles 121 - 137 of 137
Full-Text Articles in International Humanitarian Law
Bring Back Aristide, Louis Edgar Esparza
Bring Back Aristide, Louis Edgar Esparza
Human Rights & Human Welfare
My friend Annie recently had her trip to Haiti postponed because of the political instability surrounding the November elections. Annie totes modest sums of cash, medicine, and clothing collected from sympathetic friends and has a resolute willingness to help. Together with the partner organizations she is working with, she is hiring Haitians to build an orphanage. Another colleague of mine, Tonya, traveled to the country very soon after the earthquake. She described her experience in The Nation, lamenting that the major US airlines, which had agreed to waive baggage fees for relief aid to Haiti, did not do so for …
Book Review (Reviewing Leonard Orland's A Final Accounting), Adeen Postar
Book Review (Reviewing Leonard Orland's A Final Accounting), Adeen Postar
All Faculty Scholarship
Leonard Orland is the Oliver Ellsworth Professor of Law at the University of Connecticut. He has written a fine, if a bit unwieldy, book that traces the sad history of money and other assets deposited in supposedly sacrosanct Swiss banks by European Jews during the Nazi era to its long overdue resolution by the American justice system. The book provides background and perspective on how and why the $12.1 billion in pre-war dollars (about $250 trillion today) of financial assets of Holocaust victims disappeared into thin air in the years following World War II. These assets were given over to …
Beyond The Guantánamo Bind: Pragmatic Multilateralism In Refugee Resettlement, Melissa J. Durkee
Beyond The Guantánamo Bind: Pragmatic Multilateralism In Refugee Resettlement, Melissa J. Durkee
Articles
A group of detainees remains in the detention facility at the U.S. naval station in Guantánamo Bay, Cuba (“Guantánamo”) almost a decade after the facility began to hold suspected combatants arrested in connection with the U.S. conflict in Afghanistan. As U.S. officials have acknowledged, in many cases these supposed combatants turned out to have no connection to al Qaeda or terrorism. Many were foreigners who had fled home countries to escape persecution and lived as undocumented aliens in Afghanistan or Pakistan. When the United States began its military campaign in Afghanistan and offered bounties for the arrest of terrorists, the …
Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, Cyra Akila Choudhury
Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, Cyra Akila Choudhury
Faculty Publications
This article examines the global export of domestic U.S. legal projects and strategies in the realm of family law and gender justice to South Asia. While such projects have undoubtedly achieved substantial gains for women in the U.S., there have also been costs. At a remove of two decades, scholars have now begun to theorize those costs and argue that feminism needs to reconsider its commitments to particular projects that have been held central to women’s emancipation. Yet much of these critiques have not reached the transnational women’s movements that are led by U.S. feminist activists and scholars. Relying on …
Unveiling The Complexities Surrounding The Right To Take Part In Cultural Life: The Effect Of General Comment No. 21 On The Legality Of The French Burqa Ban Under The Icescr, Alison Dean
American University International Law Review
No abstract provided.
From Ideology To Pragmatism: China's Position On Humanitarian Intervention In The Post-Cold War Era, Jonathan E. Davis
From Ideology To Pragmatism: China's Position On Humanitarian Intervention In The Post-Cold War Era, Jonathan E. Davis
Vanderbilt Journal of Transnational Law
This Article fills a gap in the literature by examining in depth China's state practice and official pronouncements in respect of nine post-Cold War cases typically cited by academics when considering the international legal status of humanitarian intervention. The majority of today's commentary and scholarship holds that the People's Republic of China's position on sovereignty and intervention remains inflexible and absolutist, much as it was for the PRC's first four decades. This Article contends that this view is outdated and overly simplistic: while China continues to champion a strong conception of state sovereignty in interstate relations, it has signaled a …
A New Standard For Evaluating Claims Of Economic Persecution Under The 1951 Convention Relating To The Status Of Refugees, Lauren M. Ramos
A New Standard For Evaluating Claims Of Economic Persecution Under The 1951 Convention Relating To The Status Of Refugees, Lauren M. Ramos
Vanderbilt Journal of Transnational Law
The United Nations Convention and Protocol Relating to the Status of Refugees define the requirements for qualification as a "refugee" and the protection that should be afforded to qualifying persons. Satisfying the Convention definition of refugee usually qualifies a person for asylum; thus, interpretation of its requirements can determine whether an alien is able to escape alleged persecution in his or her country of origin. Currently, 147 countries are parties to the Convention, the Protocol, or both, including the United States. In order to qualify for refugee status, an asylum seeker must prove a well-founded fear of persecution. However, the …
Managing Forced Displacement By Law In Africa: The Role Of The New African Union Idps Convention, Won Kidane
Managing Forced Displacement By Law In Africa: The Role Of The New African Union Idps Convention, Won Kidane
Vanderbilt Journal of Transnational Law
This Article provides a critical appraisal of the newly adopted African IDPs Convention. In particular, it offers a detailed analysis of the Convention's transformation of the UN Guiding Principles into legally binding rules for the management of the phenomenon of internal displacement in Africa. By definition, internally displaced persons (IDPs) are persons who have not crossed international frontiers and are citizens of the state within which they find themselves. Although their conditions may be similar to refugees, who are necessarily aliens to the host community, their legal status is not analogous. At the most basic level, there is no doctrinal …
Security Council Resolution 1973 On Libya: A Moment Of Legal & Moral Clarity, Paul Williams, Colleen Popken
Security Council Resolution 1973 On Libya: A Moment Of Legal & Moral Clarity, Paul Williams, Colleen Popken
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Transitional Justice, Peace, And Prevention, Juan E. Mendez
Transitional Justice, Peace, And Prevention, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
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.
A Reason To Revisit Maine's Indian Claims Settlement Acts: The United Nations Declaration On The Rights Of Indigenous Peoples, Nicole Friederichs
A Reason To Revisit Maine's Indian Claims Settlement Acts: The United Nations Declaration On The Rights Of Indigenous Peoples, Nicole Friederichs
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.
The Mottled Legacy Of 9/11: A Few Reflections On The Evolution Of The International Law Of Armed Conflict, Charles J. Dunlap Jr.
The Mottled Legacy Of 9/11: A Few Reflections On The Evolution Of The International Law Of Armed Conflict, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein
Scholarly Works
No abstract provided.
Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Convention On The Rights Of Persons With Disabilities, Professor Michael Stein, Janet E. Lord
Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Convention On The Rights Of Persons With Disabilities, Professor Michael Stein, Janet E. Lord
Articles
No abstract provided.
Between Minimum And Optimum World Public Order: An Ethical Path For The Future, Steven Ratner
Between Minimum And Optimum World Public Order: An Ethical Path For The Future, Steven Ratner
Book Chapters
Among the most significant contributions of policy-oriented jurisprudence to our understanding of international legal process is its identification of minimum and optimum world public order as the overarching goals of international law. Minimum public order in its essence refers to the global state of affairs with limited recourse to unauthorized violence to solve disputes, while optimum public order is synonymous with a world in which human dignity is maximally protected. These two concepts, augmented by other pairings now second-nature to us (for example, authority and control, and myth system and operational code), have also permeated—in the latter case, germinated in—the …