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Human Rights Law

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Articles 4141 - 4170 of 4940

Full-Text Articles in International Law

Mitigating Human Rights Risks Under State-Financed And Privatized Infrastructure Projects, Michael B. Likosky Jul 2003

Mitigating Human Rights Risks Under State-Financed And Privatized Infrastructure Projects, Michael B. Likosky

Indiana Journal of Global Legal Studies

No abstract provided.


The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks Jun 2003

The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks

Michigan Law Review

The past decade has seen a surge in American and international efforts to promote "the rule of law" around the globe, especially in postcrisis and transitional societies. The World Bank and multinational corporations want the rule of law, since the sanctity of private property and the enforcement of contracts are critical to modern conceptions of the free market. Human-rights advocates want the rule of law since due process and judicial checks on executive power are regarded as essential prerequisites to the protection of substantive human rights. In the wake of September 11, international and national-security experts also want to promote …


Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp May 2003

Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp

San Diego International Law Journal

In tackling the issue of sexual orientation discrimination, the European Union must make significant efforts to conform or, perhaps, eradicate incongruous legislation within Applicant Countries. The difficulty of this endeavor is two-fold: first, in terms of the number and complexity of the laws of each Applicant Country; and, second, in the absence of any detailed and systematic documentation of sexual orientation discrimination within those same Applicant Countries. Compounding, if not confounding, such legitimate endeavors are the inconsistent anti-gay legislation prevalent within the present Member States. The stakes are high for Member States and Applicant Countries alike. Thus, the European Union's …


International Treaty Internalization In Mexico: Problems And Prospects, Erica B. Schommer May 2003

International Treaty Internalization In Mexico: Problems And Prospects, Erica B. Schommer

Faculty Articles

This study seeks to explore how Mexico can close the gap between domestic law and international human rights treaty norms by examining the process of norm internalization. In order to do so, the case of Mexico is compared with other countries in an effort to try and determine what factors increase the likelihood of successful norm internalization.


Nigeria Since May 1999: Understanding The Paradox Of Civil Rule And Human Rights Violations Under President Olusegun Obasanjo, Philip C. Aka May 2003

Nigeria Since May 1999: Understanding The Paradox Of Civil Rule And Human Rights Violations Under President Olusegun Obasanjo, Philip C. Aka

San Diego International Law Journal

This Article seeks to understand why much of the hope for improved human rights has remained unrealized. It has four parts, in addition to this introduction and a conclusion. Part II provides a definition of human rights, the history of these rights in Nigeria, and the machinery that has evolved over the years, all the way up to the Obasanjo presidency, for the enforcement of these rights. Part III describes the practice of human rights in Nigeria before 1999. The section integrates General Obasanjo's role and it points to the legacy of British colonialism in Nigeria as a major factor …


The Echr And States Of Emergency: Article 15 - A Domestic Power Of Derogation From Human Rights Obligations, Mohamed M. El Zeidy May 2003

The Echr And States Of Emergency: Article 15 - A Domestic Power Of Derogation From Human Rights Obligations, Mohamed M. El Zeidy

San Diego International Law Journal

This study is divided into two sections. The first section is further divided into two subsections. The first subsection examines the problems in defining emergencies; in the second subsection, we will examine the preconditions required for a valid derogation. The second section determines the Strasbourg machinery for the protection of human rights. This section is also divided into four subsections. Each subsection examines separate case laws from the European Court of Human Rights. Finally, a conclusion will be deduced in the light of the former reviews.


Standing With The Persecuted: Adjudicating Religious Asylum Claims After The Enactment Of The International Religious Freedom Act Of 1998, Craig B. Mousin May 2003

Standing With The Persecuted: Adjudicating Religious Asylum Claims After The Enactment Of The International Religious Freedom Act Of 1998, Craig B. Mousin

BYU Law Review

No abstract provided.


The New Leviathan, Dennis Patterson May 2003

The New Leviathan, Dennis Patterson

Michigan Law Review

Reputation in any field is an elusive phenomenon: part notoriety, part honor, part fame, part critical assessment. Even in legal scholarship it has an uneven, unpredictable quality. It is hard to imagine a book by a law professor that has had more immediate impact on world leaders than Philip Bobbitt's The Shield of Achilles. Much of the national-security strategy devised by the U.S. administration after the September 11 attacks expresses ideas Bobbitt conceived long before; and from a different point on the political spectrum is the Archbishop of Canterbury, whose televised nationwide address in January explicitly took the book as …


American Racial Jusice On Trial - Again: African American Reparations, Human Rights, And The War On Terror, Eric K. Yamamoto, Susan K. Serrano, Michelle Natividad Rodriguez Mar 2003

American Racial Jusice On Trial - Again: African American Reparations, Human Rights, And The War On Terror, Eric K. Yamamoto, Susan K. Serrano, Michelle Natividad Rodriguez

Michigan Law Review

Much has been written recently on African American reparations and reparations movements worldwide, both in the popular press and scholarly publications. Indeed, the expanding volume of writing underscores the impact on the public psyche of movements for reparations for historic injustice. Some of that writing has highlighted the legal obstacles faced by proponents of reparations lawsuits, particularly a judicial system that focuses on individual (and not group-based) claims and tends to squeeze even major social controversies into the narrow litigative paradigm of a two-person auto collision (requiring proof of standing, duty, breach, causation, and direct injury). Other writings detail the …


Lessons About Autonomy And Integration From International Human Rights, Law Journals, And The World Of Golf, Elizabeth M. Bruch Jan 2003

Lessons About Autonomy And Integration From International Human Rights, Law Journals, And The World Of Golf, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.


Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown Jan 2003

Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown

All Faculty Scholarship

No abstract provided.


The Realpolitik Of Empire, Tikkun A. S. Gottschalk Jan 2003

The Realpolitik Of Empire, Tikkun A. S. Gottschalk

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick Jan 2003

Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick

Michigan Journal of International Law

The author will focus on three legal instruments: (1) the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime (the Trafficking Protocol); (2) the Victims of Trafficking and Violence Protection Act (VTVPA), enacted by the U.S. Congress in 2000; and (3) the regulations issued in 2002 by the U.S. Department of Justice to implement the T visa for trafficking victims. The U.S. response to trafficking illustrates the difficulties faced by human rights advocates in source, transit, and destination countries to insure that anti-trafficking and other migration …


Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah Jan 2003

Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah

Faculty Publications

International human rights law's claim to universality, at the level of normative formation, has been shaped by conceptions of the self over time. The metaphysical reconfigurations of the self, from the Enlightenment to the present, have marked the human rights narrative in particular ways. This essay will suggest that since World War II, a conception of the self within a narrative of rights has been replaced, or at least countermanded, by a conception of sacral evil, with profound implications for the normative claim to universality of the human rights discourse. The essay begins with a synoptic analysis of the rise …


"Walking Into The Sea" Of Legal Fiction: An Examination Of The European Court Of Human Rights, Pretty V. United Kingdom And The Universal Right To Die, Janna Satz Nugent Jan 2003

"Walking Into The Sea" Of Legal Fiction: An Examination Of The European Court Of Human Rights, Pretty V. United Kingdom And The Universal Right To Die, Janna Satz Nugent

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni Jan 2003

Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.


Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni Jan 2003

Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.


Nafta’S Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles Hendrickson Brower Ii Jan 2003

Nafta’S Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles Hendrickson Brower Ii

Law Faculty Research Publications

In this Article Professor Brower argues that most observers of NAFTA's investment chapter have missed an important and surprising development: Although the treaty's text shares a philosophical affinity with civil and political rights, its application has revealed an astonishing level of support for economic and social rights (ESCRs) in North America. Professor Brower examines the practical implications of this development both for the presentation of claims in investor-state arbitration and for the better integration of ESCRs into the mainstream of international law.


The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan Jan 2003

The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Not Good Enough: India’S Freedom Of Information Bill Has Great Potential To Overhaul The Ills Of Secrecy And Inaccessibility But There Are Inadequacies That Need To Be Addressed, Richard N. Winfield, Sherrell Evans Jan 2003

Not Good Enough: India’S Freedom Of Information Bill Has Great Potential To Overhaul The Ills Of Secrecy And Inaccessibility But There Are Inadequacies That Need To Be Addressed, Richard N. Winfield, Sherrell Evans

Human Rights Brief

No abstract provided.


News From The Regional Human Rights Systems, David Baluarte, Jamal Jafari Jan 2003

News From The Regional Human Rights Systems, David Baluarte, Jamal Jafari

Human Rights Brief

No abstract provided.


United States Detainees At Guantánamo Bay: The Inter-American Commission On Human Rights Responds To A "Legal Black Hole" , Richard J. Wilson Jan 2003

United States Detainees At Guantánamo Bay: The Inter-American Commission On Human Rights Responds To A "Legal Black Hole" , Richard J. Wilson

Human Rights Brief

No abstract provided.


Attacks From Within: Zimbabwe's Assault On Basic Freedoms Through Legislation, Jamal Jafari Jan 2003

Attacks From Within: Zimbabwe's Assault On Basic Freedoms Through Legislation, Jamal Jafari

Human Rights Brief

No abstract provided.


The Case Of Myrna Mack Chang: Overcoming Institutional Impunity In Guatemala, David Baluarte, Erin Chlopak Jan 2003

The Case Of Myrna Mack Chang: Overcoming Institutional Impunity In Guatemala, David Baluarte, Erin Chlopak

Human Rights Brief

No abstract provided.


Conflict Mapping: Innovation In International Responses In Post-Conflict Societies, Wendy S. Betts, Gregory Gisvold Jan 2003

Conflict Mapping: Innovation In International Responses In Post-Conflict Societies, Wendy S. Betts, Gregory Gisvold

Human Rights Brief

No abstract provided.


The Threat Of Article 23 To Civil Liberties In The Hong Kong Special Administrative Region, Inbal Sansani Jan 2003

The Threat Of Article 23 To Civil Liberties In The Hong Kong Special Administrative Region, Inbal Sansani

Human Rights Brief

No abstract provided.


The War Crimes Research Office Presents: News From The International Criminal Tribunals, Maria Allison, Leslie Wilson Jan 2003

The War Crimes Research Office Presents: News From The International Criminal Tribunals, Maria Allison, Leslie Wilson

Human Rights Brief

No abstract provided.


Brief Community News, Human Rights Brief Jan 2003

Brief Community News, Human Rights Brief

Human Rights Brief

No abstract provided.


News From The Regional Human Rights Systems, David Baluarte Jan 2003

News From The Regional Human Rights Systems, David Baluarte

Human Rights Brief

No abstract provided.


The Revocation Of Dual Citizenship In Turkmenistan, Lynn Shaver Jan 2003

The Revocation Of Dual Citizenship In Turkmenistan, Lynn Shaver

Human Rights Brief

No abstract provided.