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Articles 4231 - 4260 of 4940
Full-Text Articles in International Law
Transitional Justice In Post-War Afghanistan, Ossai Miazad
Transitional Justice In Post-War Afghanistan, Ossai Miazad
Human Rights Brief
No abstract provided.
Current Human Rights Concerns Arising From The Conflict And Peace Process In Northern Ireland, Jane Winter, Natasha Parassram Concepcion
Current Human Rights Concerns Arising From The Conflict And Peace Process In Northern Ireland, Jane Winter, Natasha Parassram Concepcion
Human Rights Brief
No abstract provided.
Burma’S Democratic Transition: The Internationalization Of Justice, The Challenge Of Legitimacy, And The Necessity Of Facing Past Political Violence, Daniel Rothenberg
Burma’S Democratic Transition: The Internationalization Of Justice, The Challenge Of Legitimacy, And The Necessity Of Facing Past Political Violence, Daniel Rothenberg
Human Rights Brief
No abstract provided.
The Inter-American Commission On Human Rights And The Process Of Democratization In Peru, Helio Bicudo
The Inter-American Commission On Human Rights And The Process Of Democratization In Peru, Helio Bicudo
Human Rights Brief
No abstract provided.
News From The International Criminal Tribunals, Cecile E.M. Meijer
News From The International Criminal Tribunals, Cecile E.M. Meijer
Human Rights Brief
No abstract provided.
Bámaca Velásquez V. Guatemala: An Expansion Of The Inter-American System’S Jurisprudence On Reparations, Megan Hagler, Francisco Rivera
Bámaca Velásquez V. Guatemala: An Expansion Of The Inter-American System’S Jurisprudence On Reparations, Megan Hagler, Francisco Rivera
Human Rights Brief
No abstract provided.
Dealing With The Detainees At Guantanamo Bay: Humanitarian And Human Rights Obligations Under The Geneva Conventions, Erin Chlopak
Dealing With The Detainees At Guantanamo Bay: Humanitarian And Human Rights Obligations Under The Geneva Conventions, Erin Chlopak
Human Rights Brief
No abstract provided.
Development Genocide And Ethnocide: Does International Law Curtail Development-Induced Displacement Through The Prohibition Of Genocide And Ethnocide?, Stefanie Ricarda Roos
Development Genocide And Ethnocide: Does International Law Curtail Development-Induced Displacement Through The Prohibition Of Genocide And Ethnocide?, Stefanie Ricarda Roos
Human Rights Brief
No abstract provided.
Sierra Leone’S Search For Justice And Accountability Of Child Soldiers, Ismene Zarifis
Sierra Leone’S Search For Justice And Accountability Of Child Soldiers, Ismene Zarifis
Human Rights Brief
No abstract provided.
The “Pacific Solution”: Refugees Unwelcome In Australia, Alexander J. Wood
The “Pacific Solution”: Refugees Unwelcome In Australia, Alexander J. Wood
Human Rights Brief
No abstract provided.
The War Crimes Research Office Presents: News From The International Criminal Tribunals, Cecile E.M. Meijer
The War Crimes Research Office Presents: News From The International Criminal Tribunals, Cecile E.M. Meijer
Human Rights Brief
No abstract provided.
News From The Inter-American System, Ismene Zarifis
News From The Inter-American System, Ismene Zarifis
Human Rights Brief
No abstract provided.
Toward Revitalizing Economic, Social, And Cultural Rights In Africa, Danwood Mzikenge Chirwa
Toward Revitalizing Economic, Social, And Cultural Rights In Africa, Danwood Mzikenge Chirwa
Human Rights Brief
No abstract provided.
News From The International Criminal Tribunals, Chanté Lasco
News From The International Criminal Tribunals, Chanté Lasco
Human Rights Brief
No abstract provided.
News From The Inter-American System , Megan Hagler
News From The Inter-American System , Megan Hagler
Human Rights Brief
No abstract provided.
The Settlement Of Nazi-Era Litigation Through The Executive And Judicial Branches, Morris A. Ratner
The Settlement Of Nazi-Era Litigation Through The Executive And Judicial Branches, Morris A. Ratner
Faculty Scholarship
No abstract provided.
Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook
Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook
Michigan Journal of International Law
This Article examines the evolution of the nexus requirement in United States refugee law since the Elias-Zacarias decision. Part I discusses the Supreme Court's decision in Elias-Zacarias, identifying the choices the Court made among the arguments presented before it that resulted in the motive-oriented approach to nexus. This Part also delves into the Court's statement about the evidence required to demonstrate motive, concluding that the Court's treatment of the evidence before it foreshadows the confusion lower courts have demonstrated in evaluating evidence of motive. Part II looks at appellate decisions on the nexus issue since 1992, highlighting cases that …
Justice Denied? The Adjudication Of Extradition Applications, Ann Powers
Justice Denied? The Adjudication Of Extradition Applications, Ann Powers
Elisabeth Haub School of Law Faculty Publications
This article was prompted when a well-regarded LL.M. candidate at Pace Law School's Center for Environmental Legal Studies was arrested and subjected to extradition proceedings. Faculty, staff, and students became embroiled in efforts, ultimately successful, to challenge the extradition request. In doing so, they confronted the substantive and procedural barriers faced by an accused in current extradition processes and the significant potential for human rights abuses. Thus, this article, which analyzes current extradition law, updates what has been a slowly developing area of the law and proposes changes to address some of the shortfalls. Part II presents a brief history …
Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster
Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster
Michigan Journal of International Law
The aim of this Article is to explore current approaches to identifying and applying the causation test inherent in the "for reasons of" clause and to attempt to devise a sui generis test appropriate to the unique aims and objects of the Convention. Part I begins by reviewing both the principles governing the causation analysis and their methods of application in different jurisdictions. Part II then proceeds to review the considerations that might inform the development of a causation standard in refugee law, including guidance that might be obtained from other areas of law, against the background of the need …
Dueling Fates: Should The International Legal Regine Accept A Collective Or Individual Pradigm To Protect Women's Rights?, Michigan Journal Of International Law
Dueling Fates: Should The International Legal Regine Accept A Collective Or Individual Pradigm To Protect Women's Rights?, Michigan Journal Of International Law
Michigan Journal of International Law
Transcript for Symposium held at the University of Michigan Law School on Saturday, April 6, 2002.
The Universal Declaration Of Human Rights And The Domestic Courts, Edward D. Re
The Universal Declaration Of Human Rights And The Domestic Courts, Edward D. Re
St. Thomas Law Review
As we approach the Fiftieth Anniversary of the adoption of the Universal Declaration of Human Rights by the General Assembly of the United Nations, it is fitting to commemorate that historic event, and to assess the progress that has been made in achieving the fundamental principles of human rights and freedoms that it proclaims. Upon its adoption on December 10, 1948, it was hailed "as a common standard of achievement for all peoples and for all nations." High hopes were expressed that this Declaration would soon become a new Magna Carta of human rights and fundamental freedoms for all people …
Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan
Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan
Articles by Maurer Faculty
No abstract provided.
Rights, Patents, Markets And The Global Aids Pandemic, James T. Gathii
Rights, Patents, Markets And The Global Aids Pandemic, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Persecution In The Fog Of War: The House Of Lords’ Decision In Adan, Michael Kagan, William P. Johnson
Persecution In The Fog Of War: The House Of Lords’ Decision In Adan, Michael Kagan, William P. Johnson
Scholarly Works
International law requires that a refugee have a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group. It is not enough to be at risk of being persecuted, nor is it even enough to be a member of a particular race or religion. There must be a “nexus” between the danger and one of the five Convention-recognized reasons for persecution. In the 1998 decision in Adan v. Secretary of State for the Home Department, the House of Lords concluded that a man fleeing clan warfare in Somalia could not …
The War On Terrorism And The End Of Human Rights, David Luban
The War On Terrorism And The End Of Human Rights, David Luban
Georgetown Law Faculty Publications and Other Works
In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The War on Terrorism is a different proposition, however, and a different model of governmental action—not law but war. Most …
Persecution In The Fog Of War: The House Of Lords' Decision In Adan, Michael Kagan, William P. Johnson
Persecution In The Fog Of War: The House Of Lords' Decision In Adan, Michael Kagan, William P. Johnson
Michigan Journal of International Law
In this Article, we argue that the House of Lords' reasoning in Adan was seriously flawed. The House of Lords correctly recognized that evidence that minorities face a heightened risk of being persecuted can be sufficient to show a nexus to a Convention ground. Yet it erred when it went on to hold that only differentially at-risk individuals or groups can benefit from refugee status. If a person's risk of being persecuted is causally linked to his or her race, religion, nationality, membership of a particular social group, or political opinion, the nexus requirement is satisfied irrespective of whether the …
African Courts, International Law, And Comparative Case Law: Chimera Or Emerging Human Rights Jurisprudence?, Mirna E. Adjami
African Courts, International Law, And Comparative Case Law: Chimera Or Emerging Human Rights Jurisprudence?, Mirna E. Adjami
Michigan Journal of International Law
Though the potential creation of a supranational human rights court has brought international attention to the African human rights system, international law and human rights scholars rarely turn to African examples when studying the domestic application of international human rights norms. This Article seeks to fill that gap by analyzing cases from several Anglophone common law countries in sub-Saharan Africa that invoke international law and comparative case law as interpretive support in their national fundamental rights jurisprudence.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii
The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii
Vanderbilt Journal of Transnational Law
This Note argues that despite theoretical criticisms, the prosecution of rape and sexual enslavement as crimes against humanity, by the International Criminal Tribunal for the former Yugoslavia (ICTY) fits within a larger, emerging picture of international legal jurisprudence. First, the ICTY built upon both its own prior decisions and the decisions of the International Criminal Tribunal for Rwanda (ICTR), especially Prosecutor v. Akayesu, in order to close gaps in the international legal conceptualizations of rape and enslavement, torture, war crimes, genocide and crimes against humanity. Second, building upon the example set by the ICTR, the ICTY broadened international protections of …