International Law Commons^™

Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya

Publications

No abstract provided.

Washington's "War Against Terrorism" And Human Rights: The View From Abroad, Douglass Cassel

Journal Articles

"When it comes to human rights, there is no greater leader than the United States of America," White House spokesman Scott McClellan has said.

The view from abroad is less kind. A recent resolution of the European Parliament, for example, "condemns" our government's treatment of prisoners at Guantanamo. It urges Washington to guarantee all prisoners "minimum human rights in accordance with international human rights law and fair trial procedures" and to "immediately clarify the situation of the prisoners." European objections run so deep that a New York Times account finds a "high level of anger in Europe at reports that …

Some Middle-Age Spread, A Few Mood Swings, And Growing Exhaustion: The Human Rights Movement At Middle Age, Penelope Andrews

Articles & Chapters

This paper was presented at a symposium, "The Scholar as Activist", dedicated to the work of Nadine Strossen, President of the ACLU. This paper focuses on the subject of international human rights law and the engagement of scholars as activists in this area of law. At fifty-plus years, and therefore soundly middle aged, the global human rights project today provides occasion for reflection and evaluation. This paper observes that human rights have increasingly become the language of progressive politics. In many ways, this focus on human rights globally echoes the struggle for civil liberties and civil rights in the United …

China And The Human Right To Health: Selective Adaptation And Treaty Compliance, Pitman B. Potter

All Faculty Publications

The international community has devoted considerable energy to dialogue and exchanges with China on issues of treaty compliance in areas of trade and human rights, and while many improvements are evident in China’s legal regimes for trade and human rights, problems remain. Further, academic and policy discourses on China’s trade and human rights policy and practice are all too often conflicted by normative differences and illusions about them. The paradigm of “selective adaptation” offers a potential solution by examining compliance with international trade and human rights treaties by reference to the interplay between normative systems associated with international rule regimes …

Enforcement Of Human Rights Under Regional Mechanisms: A Comparative Analysis, Fekadeselassie F. Kidanemariam

LLM Theses and Essays

This is a study about the protection of human rights by regional human rights bodies. The thesis identifies the major regional human rights protection systems i.e. the African human rights system, the inter-American human rights System and the European human rights system. The paper examines the types of mechanisms employed by each regional system and examines each mechanism. The three major mechanisms dealt with in this work are inter-state complaints, state reporting, country reports, finally individual complaints, and execution of the judgments rendered by these regional bodies. The thesis analyzes the procedures involved in each of these mechanisms and examines …

Are Workers Rights Human Rights And Would It Matter If They Were?, Richard Mcintyre

Human Rights & Human Welfare

A review of:

Slaves to Fashion: Poverty and Abuse in the New Sweatshops by J.S. Ross. Ann Arbor: University of Michigan Press, 2004. 396pp.

and

Can Labor Standards Improve Under Globalization? by Kimberly Ann Elliott and Richard B. Freeman. Washington: Institute for International Economics, 2003. 175pp.

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.

Learning From Practice: Reframing The Scholarly Dialogue On Children’S Rights And Sexuality, Jean Scandlyn

Human Rights & Human Welfare

A review of:

Of Innocence and Autonomy: Children, Sex and Human Rights. Edited by Eric Heinze. Aldershot: Ashgate, 2000. 208 pp.

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.

Beyond Power Politics: International Law And Human Rights Discourse In The Post-9/11 World, J. Peter Pham

Human Rights & Human Welfare

A review of:

Imperialism, Sovereignty and the Making of International Law by Antony Anghie. Cambridge, UK: Cambridge University Press, 2005. 356 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.

Human Rights In Latin America: Introduction, Regina Nockerts

Human Rights & Human Welfare

As with many regions of the world, human rights are an issue of enduring concern for Latin America. The essays and bibliographies in this digest chart the recent history of human rights issues in this region, beginning, in most cases, with the wave of military coups that began in the 1970s, highlighting their lasting effects on the governments, civil societies, and economies of the region today. The cases of Argentina, Chile, Colombia, Cuba, El Salvador, Guatemala, Honduras, and Peru are given here; the Organization of American States (OAS) is also covered.

Human Rights In Argentina, Scott Muttersbaugh

Human Rights & Human Welfare

The election of populist Juan Peron in 1946 brought expanded economic and social rights to the working class. Consequently his popularity continued to rise, although the armed forces staged a coup in 1955, resulting in Peron’s nearly twenty-year exile. By 1973 Argentina’s economy had fallen apart and the still popular Peronist party gained the support needed for Peron’s return. With terrorism on the rise, the government granted a special executive authority to the military, allowing Peron to imprison people indefinitely without a trial, signaling a change in the government's priorities towards human rights.

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.

Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya

Publications

No abstract provided.

The Dual Model Of Balancing: A Model For The Proper Scope Of Balancing In Constitutional Law, Iddo Porat

Cardozo Law Review

No abstract provided.

The Wall And The Law: A Tale Of Two Judgements, Susan M. Akram, S. Michael Lynk

Faculty Scholarship

The seminal rulings in 2004 by the International Court of Justice and the Israeli High Court on the legality of the wall/barrier that Israel is building through the occupied West Bank and East Jerusalem provide a study in contrast. While both judgements were critical of the wall/barrier, their judicial approaches and legal conclusions were strikingly divergent, particularly given that the two courts were purporting to rely upon the same principles of international law. The judgements also elicited quite different political and diplomatic reactions, especially among the parties most involved in the Israel/Palestine conflict. This article explores the legal analysis and …

The False Panacea Of Offshore Deterrence, James C. Hathaway

Articles

Governments take often shockingly blunt action to deter refugees and other migrants found on the high seas, in their island territories and in overseas enclaves. There is a pervasive belief that when deterrence is conducted at arms-length from the homeland it is either legitimate or, at the very least, immune from legal accountability.

Educating Lawyers For Transnational Challenges–The Globalization Of Legal Regulation, Steven Freeland

Journal of Legal Education

No abstract provided.

David P. Forsythe On Non-State Actors And Human Rights. Edited By Philip Alston. Oxford, Uk: Oxford University Press, 2005. 350pp., David P. Forsythe

Human Rights & Human Welfare

No abstract provided.