International Law Commons^™

Divided We Stand: The Haudenosaunee, Their Passport And Legal Implications Of Their Recognition In Canada And The United States, Nicole Terese Capton Marques

San Diego International Law Journal

There are several indigenous nations divided by the international border between the U.S. and Canada (hereinafter, border tribes). Part II will provide historical background on the Haudenosaunee and the Haudenosaunee passport, as well as on the Jay Treaty's free passage right as recognition that the international border was not to affect border tribes. Part III of this comment will examine the trust-like duty both federal governments owe to indigenous populations in general, briefly describe benefits and services offered, and then discuss the legal effects of current legislation and regulations by the American and Canadian governments on Haudenosaunee tribal members living …

Direct Participation In Hostilities And The Interoperability Of The Law Of Armed Conflict And Human Rights Law, Francoise J. Hampson

International Law Studies

No abstract provided.

Xviii Concluding Remarks: Loac And Attempts To Abuse Or Subvert It, Yoram Dinstein

International Law Studies

No abstract provided.

Eccc In Pre-Trial Action: Was There Good Reason To Order Pre-Trial Detention Of The Eccc Defendants, Stan Starygin

Human Rights Brief

No abstract provided.

Introduction: Human Rights And Legal Systems Across The Global South Symposium, Christiana Ochoa, Shane Greene

Indiana Journal of Global Legal Studies

Human Rights and Legal Systems Across the Global South, Symposium, Indiana University Maurer School of Law, Bloomington, Indiana. 9-10 April 2010.

First, Do No Harm: Response To “If You Prick Me”, Patricia A. Broussard

Journal Publications

Brianna Lennon makes several cogent and persuasive arguments about Female Genital Mutilation (“FGM”) in her recently published Student Note entitled, If You Prick Me: The American Academy of Pediatrics’ Female Genital Cutting Policy Turnabout. She successfully articulates why she believes that by prohibiting FGM, opponents are in effect reinforcing it as a tie to the former culture or country. However, although Ms. Lennon makes some sound points, she overlooks and thereby, fails to answer the most obvious question which is, who owns a woman’s body? If one reaches the conclusion that a woman owns her body, then the logical extension …

An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein

Scholarly Works

No abstract provided.

Beyond The Guantánamo Bind: Pragmatic Multilateralism In Refugee Resettlement, Melissa (M.J.) Durkee

Scholarship@WashULaw

The international refugee protection system is under threat. States weary of increased refugee flows and preoccupied with national security increasingly exploit legal gaps or avoid refugee law altogether. The U.S. approach to resettlement of Guantánamo detainee refugees exemplified this trend. Yet, in the Guantánamo context, U.S. avoidance of international refugee law put the executive in a bind that it could not easily escape: Because the U.S. executive was unwilling to assume the political cost of resettling the refugee detainees domestically, it resorted to peddling them for resettlement to foreign states while, at the same time, mounting a robust legal defense …

Conceptualizing The Home State Duty To Protect Human Rights, Sara L. Seck

Articles, Book Chapters, & Popular Press

The state duty to protect human rights from abuses by non-state actors including business is one of the three differentiated but complementary pillars that make up the UN Protect, Respect, Remedy Framework for Business and Human Rights. Yet the jurisdictional scope of the duty to protect is disputed. This chapter explores both the permissibility of home state regulation under jurisdictional principles of public international law and the existence of home state obligations to regulate and adjudicate transnational corporations to prevent and remedy human rights violations. Properly understood, the state duty to protect applies to all executive, legislative and judicial organs …

Human Rights And The Search For Common Ground: A Comparative Study Of Islamic And Christian Thought, Joseph Prud'homme

Human Rights & Human Welfare

A review of:

Common Ground: Islam, Christianity, and Religious Pluralism. By Paul Heck. Washington, DC: Georgetown University Press. 2009.

The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh

International Law Studies

No abstract provided.

The Trouble With Treaties: Immigration And Judicial Law, Angela M. Banks

Faculty Publications

No abstract provided.

China And Disability Rights, Michael Ashley Stein

Faculty Publications

No abstract provided.

Jeremy I. Levitt's Africa: Mapping New Boundaries In International Law, Makau Wa Mutua

Book Reviews

This is a review of Jeremy Levitt’s edited collection of chapters in Africa: Mapping the Boundaries of International Law, which is an impressive work to the dearth of scholarship on Africa’s contribution to the normative substance and theory of international law. The book explicitly seeks to counter the racist mythology that Africans were tabula rasa in international law. In his own introduction to the book, Levitt makes it clear that “Africa is a legal marketplace, not a lawless basket case.” The eight contributors to the book are renowned scholars who make the case that Africa is not stuck in pre-history …

The Right To Life Is The Right To Food: People’S Union For Civil Liberties V. Union Of India & Others, Lauren Birchfield, Jessica Corsi

Human Rights Brief

No abstract provided.

Panel Iii: Interpretation And Implementation Of The Convention Against Torture Article 22 (Petitions), Luis Gallegos, Barbara Jackman, Francisco Quintana, Julia Hall, Ann Jordan

Human Rights Brief

No abstract provided.

Seeking Justice In Lago Agrio And Beyond: An Argument For Joint Responsibility Of Host States And Foreign Investors Before The Regional Human Rights Systems, Megan S. Chapman

Human Rights Brief

No abstract provided.

Corporate Misbehavior & International Law: Are There Alternatives To Complicity, Miriam Mafessanti

South Carolina Journal of International Law and Business

No abstract provided.

Special 301 And Access To Medicine In The Obama Administration, Sean Flynn

Scholarly Articles in Law Reviews & Journals

I. Introduction

This article examines the history and current use of the Special 301 program to restrict access to generic medicines in developing countries, specifically the 2009 and 2010 reports released under the Obama Administration. The news for access to medicines advocates is not good overall. Both reports continue the previous Administration’s policies of using Special 301 to promote Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) policies (“TRIPS-plus”) endangering access to medicines for millions of people worldwide. These policies violate not only the Obama Administration’s pledges to promote access to affordable medications in developing countries, but also U.S. commitments under …

Singapore And The Universal Periodic Review: An Unprecedented Human Rights Assessment, Mahdev Mohan

Research Collection Yong Pung How School Of Law

Singapore will soon submit a national report to and subsequently appear before the UN Human Rights Council for a universal periodic review of its human rights laws and practices. This review will elicit a rare and unprecedented expression of whether and how Singapore feels it has adhered to international human rights law, and ways in which it may further refine or calibrate its domestic practices. This article seeks to identify Singapore’s human rights achievements; highlight challenges it should be prepared to address; and recommend measures it should adopt to promote human rights.

The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle

Faculty Publications

We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state’s fiduciary duty to provide equal security under the rule of law, a duty that flows from the state’s institutional assumption of irresistible sovereign powers.

Legal Issues In Forming The Coalition, Alan Cole

International Law Studies

No abstract provided.

Making The Case For Conflict Bifurcation In Afghanistan: Transnational Armed Conflict, Al Qaida, And The Limits Of Associated Militia Concept, Geoffrey S. Corn

International Law Studies

No abstract provided.

Is Human Rights Law Of Any Relevance To Military Operations In Afghanistan?, Francoise J. Hampson

International Law Studies

No abstract provided.

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Scholarly Works

The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …

Schisms In Humanitarianism: The Khmer Rouge Tribunal's First Hearing, Mahdev Mohan

Research Collection Yong Pung How School Of Law

Mass atrocity invokes humanitarian impulses in all of us. But when a genocidaire casts himself as a victim, the right response is less straightforward. This article analyzes a recent hearing of one of Cambodia's most feared Khmer Rouge cadres who stands trial before a newly established hybrid tribunal and suggests the consequences of responding to war crime trials with polemics rather than principle.

Panel 3: Transparency And Access Of Independent Experts To All Places Of Detention Experience In Latin America, Santiago Canton

Human Rights Brief

No abstract provided.

Prologue , Claudio Grossman

American University International Law Review

No abstract provided.

Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra

American University Law Review

No abstract provided.

Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein

Faculty Publications

No abstract provided.