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Human Rights Law

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Articles 4231 - 4260 of 4940

Full-Text Articles in International Law

Transitional Justice In Post-War Afghanistan, Ossai Miazad Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

News From The International Criminal Tribunals, Chanté Lasco

Human Rights Brief

No abstract provided.


News From The Inter-American System , Megan Hagler Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Inter-American System, Diego Rodriguez-Pinzon Jan 2002

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 Jan 2002

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 …