International Law Commons^™

Armed Conflict, Health And Human Rights, Alex Deraney, Hafsteinn Hafsteinsson

Human Rights & Human Welfare

This section highlights resources with information on health concerns that arise from armed conflict. It examines human rights violations as derived from health issues and the humanitarian efforts to alleviate them. The vast majority of available literature approaches conflict-related healthcare shortfalls in terms of intervention. Literature dealing with armed conflict and health as it applies to human rights is much harder to come by, which indicates the need for additional emphasis in this area.

Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff. Princeton: Princeton University Press, 2004. 212pp.

The Right To Health, Sarah Friedmann

Human Rights & Human Welfare

In the human rights discourse and practice the right to health has been and continues to be a contentious arena. Primarily located within legal frameworks that focus on civil and political rights, the right to health is more frequently being used to challenge abuses of health by invoking social and economic rights, even though this places the right to health on slippery terrain that is not as internationally accepted as civil and political rights.

Access To Health, Natalie Huls

Human Rights & Human Welfare

Access to health is an often-overlooked aspect of the right to health. Without practical access, the right to health becomes an empty promise. International human rights conventions and declarations do not directly mention access to health, but the above comment on the International Covenant on Economic, Social, and Cultural Rights does address the issue.

Retrospective Justice Or Retroactive Standards? Human Rights As A Sword In The East German Leaders Case, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

Sexual Harassment: An International Human Rights Perspective., Christine M. Chinkin

Book Chapters

This chapter considers sexual harassment in the workplace from the perspective of international human rights law. Adopting a human rights approach locates sexual harassment in the context of women’s economic and social rights and more broadly in the wider frame of international imperatives such as the maintenance of international peace and security and global economic development. Sexual harassment has come onto the international agenda comparatively recently, and the story comprises both the inclusion of prohibitions within legal instruments and significant silences, especially where breaking the silence requires intrusion into state policies relating to militarism, trade and investment liberalization, and the …

International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant

Law Faculty Scholarship

No abstract provided.

Balancing Indigenous Rights And A State's Right To Develop In Latin America: The Inter-American Rights Regime And Ilo Convention 169, David C. Baluarte

Sustainable Development Law & Policy

No abstract provided.

Indigenous Peoples' Free Prior And Informed Consent In The Inter-American Human Rights System, Alex Page

Sustainable Development Law & Policy

No abstract provided.

National Implementation Of The International Prior Informed Consent Procedures Concerning Hazardous Chemicals And Wastes, Masa Nagai

Sustainable Development Law & Policy

No abstract provided.

The Ethnic Greeks Of Turkey: The Present Situation Of The Greek Minority And Turkey's Human Rights Obligations Under International, Steven S. Skenderis

St. Thomas Law Review

In 1923, the Treaty of Lausanne ended the Greek-Turkish war of 1919-1922 and established two distinct minorities in both Greece and Turkey after a convention signed at the same time provided for the compulsory exchanges of populations; about a million and a half Greeks left Turkey for Greece, and about a half-million Turks left Greece for Turkey.' The Convention established that the Greeks of Istanbul, the Aegean islands of Imvros and Tenedos, and the Eastern Orthodox Christian Patriarchate would be allowed to remain in Turkey, while (to ensure a numerical balance) the Turks of Western Thrace were allowed to remain …

Contemplating Failure And Creating Alternatives In The Balkans: Bosnia's Peoples, Democracy And The Shape Of Self-Determination, Timothy W. Waters

Articles by Maurer Faculty

A decade after Dayton, Bosnia is a fictive, failed state held together by outsiders' weapons and outsiders' will. All parties recognize that Bosnia's current constitutional dispensation is dysfunctional and are calling for change, but how should the international community respond? In deciding, we should recognize that we may owe Bosnians much, but we owe Bosnia nothing.

This Article argues that traditional self-determination doctrine is unable to justify either further claims for secession from Bosnia or Bosnia's own original secession. It examines the processes used by the international community to frame the dissolution of Yugoslavia and the recognition process for Bosnia, …

Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson

Scholarly Works

In Flores v. Southern Peru Copper Corporation, the U.S. Court of Appeals, Second Circuit, re-examined its Alien Tort Claims Act (ATCA) jurisprudence and assumed that a private domestic company acting in its private capacity could be liable to Peruvian nationals under the ATCA for a wide range of torts under international law, including violations of rights to “life and health.” Previous cases and other Circuits held that only a handful of egregious crimes, when committed by a private individual or corporation, can justify private liability under the ATCA. Rather than abiding by these interpretations, however, the court examined in depth …

War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

Both international and domestic law take as a basic premise the notion that it is possible, important, and usually fairly straightforward to distinguish between war and peace, emergencies and normality, the foreign and the domestic, the external and the internal. From an international law perspective, the law of armed conflict is triggered only when a armed conflict actually exists; the rest of the time, other bodies of law are applicable. Domestically, U.S. courts have developed a constitutional and statutory jurisprudence that distinguishes between national security issues and domestic questions, with the courts subjecting government actions to far less scrutiny when …

Constitutional Dialogue And Human Dignity: States And Transnational Constitutional Discourse, Vicki C. Jackson

Georgetown Law Faculty Publications and Other Works

The U.S. Supreme Court has been slower than some other national courts to become familiar with and discuss, distinguish, or borrow from related constitutional approaches of other nations and systems. The growth in transnational judicial discourse, especially on constitutional issues relating to human rights, has been remarked by many. National courts in Argentina, Botswana, Canada, Germany, India, South Africa, and elsewhere not infrequently refer to the constitutional jurisprudence of other nations in resolving domestic constitutional questions. Although such references are not unheard of in the United States, transnational discourse involving national courts, supranational and international tribunals is still subject to …

Return To Europe? The Czech Republic And The Eu's Influence On Its Treatment Of Roma, Matthew D. Marden

Vanderbilt Journal of Transnational Law

The Czech Republic has faced much criticism in the past fifteen years for the treatment of its Romani minority community. The European Union has successfully applied informal, non-legal means of pressuring the Czech Republic into making some changes necessary to improve living conditions for Roma. With the Czech Republic's recent accession to the European Union, legal human rights institutions will likely play a larger role in ensuring that the Czech Republic continues to improve conditions for Czech Roma. The Author uses a case brought by a group of Roma at the European Court of Human Rights to demonstrate the potential …

The Human Rights Of Persons With Mental Disabilities: A Global Perspective On The Application Of Human Rights Principles To Mental Health, Lawrence O. Gostin, Lance Gable

Georgetown Law Faculty Publications and Other Works

This Article examines the human rights of persons with mental disabilities and the application and development of these rights by the various international and regional systems that have been established to protect human rights. An international system of human rights with universal application has been developed under the auspices of the United Nations. Regional human rights systems have applied additional human rights protections to their respective geographic regions. Both the international and regional systems have addressed the human rights of persons with mental disabilities through treaties, declarations, and thematic resolutions. Moreover, regional institutions have incrementally formulated a body of law …

Book Review. Journal Of The National Human Rights Commission, India, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

Rhetoric Or Rights?: When Culture And Religion Bar Girls' Right To Education, Elizabeth Chamblee Burch

Scholarly Works

Women account for almost two-thirds of the world's illiterates. In the year 2000, the World Education Forum met in Dakar, Senegal and set goals to (1) eliminate gender disparities in primary and secondary education by 2005, and (2) achieve gender equality in education by 2015. Two months before 2004, the United Nations Educational, Scientific, and Cultural Organization (UNESCO) reported that sixty percent of the 128 countries that attended the Dakar Conference would not meet these goals. The report attributed the failure to sharp discrimination against girls in social and cultural practices.

The report failed to mention that social and cultural …

Guantánamo, Diane Marie Amann

Scholarly Works

This article addresses not only offshore detainees at Guantánamo and elsewhere, but also the two Americans and one Qatari held in the United States as enemy combatants. It focuses on the critical issues in U.S. litigation - extraterritoriality and deference - yet also examines the scope of detention and the propriety of proposed special tribunals. After demonstrating that in the wake of September 11, 2001, no U.S. constitutional precedent governed these issues, the article then looks to norms drawn from international humanitarian and human rights law to aid decision. The Supreme Court increasingly consults such external norms as persuasive authority; …

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Humanitarian Inviolability In Crisis: The Meaning Of Impartiality And Neutrality For U.N. And Ngo Agencies Following The 2003-2004 Afghanistan And Iraq Conflicts, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Introduction. Humanitarian inviolability is the ability of humanitarian relief agencies, whether official agencies such as the office of the United Nations High Commissioner for Refugees (UNHCR) or private organizations such as the International Committee of the Red Cross (ICRC), to act in situations of extreme human need and suffering, particularly in circumstances of armed conflict, with the assurance that their personnel, their property, and their activities will not be made the object of attack. It is a concept that is at the core of all humanitarian relief work, especially during war, when the cooperation of the belligerent parties is essential …

Development Decision Making And The Content Of International Development Law, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

International development law deals with the rights and duties of states and other actors in the development process. As the consensus view of the development process disintegrated during the 1970s and 1980s, the agreement on the content of international development law also began to break down. Today there are two competing idealized views of development. The first, the traditional view, maintains that development is about economic growth, which can be distinguished from other social, cultural, environmental, and political development issues in society. The second, the modern view, maintains that development is an integrated process of change involving intertwined economic, social, …

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Prospects For Human Rights Advocacy In The Wake Of September 11, 2001, Juan E. Mendez, Javier Mariezcurrena

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer

Articles & Chapters

American anti-poverty advocates are increasingly focusing on expressing homelessness as a violation of fundamental human rights. Conceptualizing homelessness as a human rights violation can help add legal content to advocacy goals, and help build support for the housing resources, policy changes, and improved legal protective measures needed to ensure access to housing.

This article explores the right to housing in domestic and international law, how to evaluate compliance with the right in the United States, and how to employ legal strategies in support of claims to the right. Theauthors review the status of international law in U. S. law and …

Agency Costs In International Human Rights, David H. Moore

Faculty Scholarship

No abstract provided.

International Human Rights And Indigenous Peoples: The Move Toward The Multicultural State, S. James Anaya

Publications

No abstract provided.

Book Review Of Post-Conflict Justice (C. Bassiouni, Ed.), Ruti G. Teitel

Other Publications

No abstract provided.