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Articles 331 - 360 of 367
Full-Text Articles in International Law
Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson
Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson
Scholarly Articles in Law Reviews & Journals
This Essay focuses on four areas of international human rights law. The first area, the protection of attorneys’ fees from forfeiture, is an issue of great concern in the United States, given the state of the law there. The next area, the application of the death penalty in international law, will also include arguments about the “death row phenomenon.” The third area addressed is the use of international human rights law to overcome the rule of non-inquiry in extradition matters, a rule by which the judicial authority reviewing the propriety of extradition is barred from inquiry into the fairness of …
Accountability For Past Abuses, Juan E. Mendez
Accountability For Past Abuses, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
No abstract provided.
International Criminal Law And The Cambodian Killing Fields, Diane Orentlicher
International Criminal Law And The Cambodian Killing Fields, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian
The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian
Cardozo Law Review
One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade Organization; the growing influence of nongovernmental organizations; the emergence of a new global economy; and the formation of a worldwide consumer culture, to name just a few. The law, it is argued, must adapt.
State Responsibility And Civil Liability For Environmental Damage Caused By Military Operations, Christopher Greenwood
State Responsibility And Civil Liability For Environmental Damage Caused By Military Operations, Christopher Greenwood
International Law Studies
No abstract provided.
The Moral Economy Of The Purchase Of Freedom: Ethical Lessons From The Slave Narratives, Lea Vandervelde
The Moral Economy Of The Purchase Of Freedom: Ethical Lessons From The Slave Narratives, Lea Vandervelde
Cardozo Law Review
In his contribution to this symposium, Richard Weisberg tells us a subtle story of what he calls "twin hermeneutics." I will use one of these-"the hermeneutic of acceptance"-to launch my own discussion on the subject of ethical dilemmas. By this term, "the hermeneutic of acceptance," Weisberg means the gradual acceptance by French lawyers of the scheme of racial exclusion newly created by Vichy laws. He traces the digression in legal arguments made by French lawyers during the four years of Vichy rule. French lawyers loaned their prestige to these new laws by means which placed their legal arguments on a …
Gaps In Gender-Based Violence Jurisprudence Of International And Hybrid Criminal Courts: Can Human Rights Law Help, Susana Sacouto
Gaps In Gender-Based Violence Jurisprudence Of International And Hybrid Criminal Courts: Can Human Rights Law Help, Susana Sacouto
Contributions to Books
Great progress has been made over the last two decades in the investigation and prosecution of sexual and gender-based violence, in particular by the ad-hoc International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR). Yet the practice and jurisprudence of these tribunals makes clear that significant challenges remain, including inconsistency in how to understand – and therefore how to prove and adequately link to higher level perpetrators – crimes of sexual violence committed in the context of conflict, mass violence or repression. This chapter examines these challenges and explores whether human rights law, particularly the requirement that access …
The United Kingdom, The European Court Of Human Rights, And Constitutional Review, A. W. Bradley
The United Kingdom, The European Court Of Human Rights, And Constitutional Review, A. W. Bradley
Cardozo Law Review
The aim of this Article is to consider whether there is now in the United Kingdom the embryo of a procedure for constitutional review that results from the United Kingdom's adherence to the European Convention on Human Rights as well as the burgeoning case law being developed by the European Court of Human Rights. To the extent that such an embryo exists, I hope to show that this is a development which has not been directly willed by the United Kingdom Parliament, nor by successive United Kingdom governments. Assuming that this process deserves to be described as piecemeal constitution making, …
Democracy And Pluralism: A Critique Of The Rationalist Approach, Chantal Mouffe
Democracy And Pluralism: A Critique Of The Rationalist Approach, Chantal Mouffe
Cardozo Law Review
In recent decades, categories like ,"human nature," "universal reason," and "rational autonomous subject" increasingly have been questioned. From different standpoints, a variety of thinkers have criticized the ideas of a universal human nature, of a universal canon of rationality through which that human nature could be known, as well as the possibility of an unconditional universal truth. Such a critique of Enlightenment's universalism and rationalism, which is sometimes referred to as "postmodernism," has been presented by some authors, for example, Jirgen Habermas, as constituting a threat to the modem democratic project. They consider that the link existing between the democratic …
Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher
Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Inter-American System And Asylum, Claudio Grossman
The Inter-American System And Asylum, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown
The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown
All Faculty Scholarship
No abstract provided.
Islam And The State, Ann Elizabeth Mayer
Settling Accounts: The Duty To Prosecute Human Rights Violations Of A Prior Regime, Diane Orentlicher
Settling Accounts: The Duty To Prosecute Human Rights Violations Of A Prior Regime, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
No abstract provided.
A Reply To Professor Nino, Diane Orentlicher
A Reply To Professor Nino, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Roundtable: The United States Constitution And The Adoption Of International Human Rights Instruments: Freeing The Political Logjam: Keynote Address: Proposals For The Future, Louis B. Sohn
Scholarly Works
As it has already been mentioned today, we are living in a rather exciting time as far as human rights are concerned. Since 1917, we have lived under both the shadow of the Soviet Revolution and the threat of Communism becoming the great idea of the future. We know now that this did not come to pass, and that communism has proved to be unable to assert is superiority over other existing political systems. A chance and opportunity now exists for the United States to show that it can do better, that its goal is not to take over the …
Disappearances And The Inter-American Court: Reflections On A Litigation Experience, Juan E. Mendez
Disappearances And The Inter-American Court: Reflections On A Litigation Experience, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Human Rights And The Administration Of Justice In Chile: Report Of A Delegation Of The Association Of The Bar Of The City Of New York And The International Bar Association, William D. Zabel, Diane Orentlicher, David E. Nachman
Human Rights And The Administration Of Justice In Chile: Report Of A Delegation Of The Association Of The Bar Of The City Of New York And The International Bar Association, William D. Zabel, Diane Orentlicher, David E. Nachman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg
The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg
Scholarly Articles in Law Reviews & Journals
No abstract provided.
International Legal Standards Relating To The Rights Of Aliens And Refugees And United States Immigration Law, Robert K. Goldman
International Legal Standards Relating To The Rights Of Aliens And Refugees And United States Immigration Law, Robert K. Goldman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Yamashita, Nuremberg And Vietnam: Command Responsibility Reappraised, Franklin A. Hart
Yamashita, Nuremberg And Vietnam: Command Responsibility Reappraised, Franklin A. Hart
International Law Studies
No abstract provided.
The Position Of Individuals In International Law, Herbert W. Briggs
The Position Of Individuals In International Law, Herbert W. Briggs
International Law Studies
No abstract provided.
The Individual And International Law, Alona E. Evans
The Individual And International Law, Alona E. Evans
International Law Studies
No abstract provided.
International Law And The Use Of Force, Shabtai Rosenne
International Law And The Use Of Force, Shabtai Rosenne
International Law Studies
No abstract provided.
Acknowledgments And Introduction: Use Of Force, Human Rights, And General International Legal Issues
Acknowledgments And Introduction: Use Of Force, Human Rights, And General International Legal Issues
International Law Studies
No abstract provided.
U.S. Navy Regulations, International Law, And The Organization Of American States, Theodore K. Woods Jr.
U.S. Navy Regulations, International Law, And The Organization Of American States, Theodore K. Woods Jr.
International Law Studies
No abstract provided.
The Laws Of Air Warfare: Are There Any?, Hamilton Desaussure
The Laws Of Air Warfare: Are There Any?, Hamilton Desaussure
International Law Studies
No abstract provided.
Prisoner And War Negotiations: The Korean Experience And Lesson, Harry P. Ball
Prisoner And War Negotiations: The Korean Experience And Lesson, Harry P. Ball
International Law Studies
No abstract provided.
Prisoners Of War As Instruments Of Foreign Policy, Walton K. Richardson
Prisoners Of War As Instruments Of Foreign Policy, Walton K. Richardson
International Law Studies
No abstract provided.