Open Access. Powered by Scholars. Published by Universities.®

Human Rights Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

12,315 Full-Text Articles 10,483 Authors 13,944,113 Downloads 245 Institutions

All Articles in Human Rights Law

Faceted Search

12,315 full-text articles. Page 359 of 412.

Paving The Road To A More Free World: Adr As Sustainable Development - A Look At Bangladesh , Amadea M. Goresh 2012 Pepperdine University

Paving The Road To A More Free World: Adr As Sustainable Development - A Look At Bangladesh , Amadea M. Goresh

Pepperdine Dispute Resolution Law Journal

In this paper, I will look at the sustainable impact that Alternative Dispute Resolution (ADR) programs are having in the third world by examining one such nation in particular, the country of Bangladesh. Due to its historical problems combating poverty and corruption, Bangladesh has uniquely devised alternative, extra judicial means of resolving conflict. I will begin by looking at the current state of affairs of the country's government and judicial systems. Next, I will examine the nation's distinctive dispute resolution mechanism, known as shalish, and then discuss the pivotal role non-governmental organizations (NGOs) are playing in adapting the traditional ADR …


Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto 2012 Pepperdine University

Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto

Pepperdine Dispute Resolution Law Journal

Last year, a law review solicited my thoughts about, in their words, pushing the envelope with social justice and negotiating peace in a world dominated by power and violence. Taking their language literally, one must ask how to effectively address contemporary obstacles to ensure that the message and, most importantly, the means of justice are truly delivered to those in need. One answer-which may seem obvious to readers but is actually much too rare in practice-is to work with, empower, and support the conflict work of the community members themselves. This article introduces the plans of five African professionals, demonstrating …


Humanitarian Law In Action Within Africa, Jennifer Moore 2012 University of New Mexico - School of Law

Humanitarian Law In Action Within Africa, Jennifer Moore

Faculty Scholarship

I’m happy to share news of my book Humanitarian Law in Action within Africa, soon to be released by Oxford University Press.


Check-In, Attendees of the Symposium 2012 Northwestern Pritzker School of Law

Check-In, Attendees Of The Symposium

NJTIP Annual Symposium

Check-in for the Northwestern Journal of Technology and Intellectual Property's 7th Annual Symposium


"El Agua No Se Vende: Water Is Not For Sale!" The Latin American Water Tribunal As A Model For Advancing Access To Water, Mikita A. Weaver 2012 Pepperdine University

"El Agua No Se Vende: Water Is Not For Sale!" The Latin American Water Tribunal As A Model For Advancing Access To Water, Mikita A. Weaver

Pepperdine Dispute Resolution Law Journal

At the international level, water is now understood to be a basic human right. However, conflict continues to intensify surrounding indigenous people's access to water as the resource becomes scarcer. In particular, this paper will examine the struggle of indigenous people in Latin America and the creation of the Latin American Water Tribunal (LAWT) as a solution. Section II will describe the LAWT, including the formation of the tribunal, case selection, and the structure of the public hearing. Section III will discuss both how the LAWT overcomes problems with the current legal system and the success of the tribunal as …


Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy 2012 Pepperdine University

Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy

Pepperdine Dispute Resolution Law Journal

In 2003, under an initiative of the United Nations (U.N.), various nations of the world gave life to the Kimberley Process Certification Scheme (KPCS)-a method by which consumers of all levels could know the origin of their diamonds-with the Scheme only certifying those harvested from legal, government-run mines. The Scheme's drafters believed that, if given the choice, consumers would choose to buy diamonds mined legally, with profits flowing to legitimate sources of power. However, the KPCS as it stands is voluntary and lacks the teeth needed to deter its violators. The KPCS lacks a binding arbitration agreement and needs a …


Human Rights, Sex, And Gender: Limits In Theory And Practice, Lara Stemple 2012 UCLA School of Law

Human Rights, Sex, And Gender: Limits In Theory And Practice, Lara Stemple

Pace Law Review

No abstract provided.


Toward A Unified Theory Of Professional Ethics And Human Rights, Jonathan H. Marks 2012 Penn State (University Park)

Toward A Unified Theory Of Professional Ethics And Human Rights, Jonathan H. Marks

Michigan Journal of International Law

This Article offers a novel account of the relationship between the ethical obligations of professionals and international human rights law and practice. The account is motivated by the role that professionals played in the Bush administration's "war on terror"-in particular, the global detention and interrogation regimes that incarcerated tens of thousands of detainees, and abused many of them. In the most extreme cases, professionals may have committed serious international crimes rendering them liable to criminal prosecution in foreign courts. Serious concerns have also been raised about the ethics of professionals' conduct. Psychologists were the principal architects of the aggressive detention …


Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle 2012 William & Mary Law School

Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle

Faculty Publications

At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …


Human Rights, Emergencies, And The Rule Of Law, Evan J. Criddle, Evan Fox-Decent 2012 William & Mary Law School

Human Rights, Emergencies, And The Rule Of Law, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

This article illuminates the normative basis for international law’s regulation of public emergencies by arguing that human rights are best conceived as norms arising from a fiduciary relationship between states (or state-like actors) and persons subject to their power. States bear a fiduciary duty to guarantee subjects’ secure and equal freedom, a duty that flows from their institutional assumption of sovereign powers. The fiduciary theory disarms Carl Schmitt’s critique of constitutionalism by explaining how emergency powers can be reconciled with the rule of law.


Constitutional Democracy, Human Dignity, And Entrenched Evil, Mark A. Graber 2012 Pepperdine University

Constitutional Democracy, Human Dignity, And Entrenched Evil, Mark A. Graber

Pepperdine Law Review

The following essay pays tribute to Sandy Levinson's thoughts on constitutional compromises by paying tribute to the thoughts on constitutional compromises by our common mentor, Walter Murphy. Rather than directly engage in a dialogue with Compromise and Constitutionalism, the analysis below joins the preexisting dialogue between Professors Levinson and Murphy on how to construct a decent polity among people who have deep disputes over what constitutes political decency. Walter Murphy is unfortunately largely known to legal audiences only through the work of such outstanding mentees as Sandy Levinson, Jim Fleming, Christopher Eisgruber, Andrew Koppelman, Jennifer Nedelsky, and Robert George. Walter …


Guatemala: Reconciliation Or Retrenchment?, Lauren Carasik 2012 Western New England University School of Law

Guatemala: Reconciliation Or Retrenchment?, Lauren Carasik

Media Presence

No abstract provided.


Justice Delayed 30 Years In Guatemala, Lauren Carasik, Grahame Russell 2012 Western New England University School of Law

Justice Delayed 30 Years In Guatemala, Lauren Carasik, Grahame Russell

Media Presence

No abstract provided.


A Tort Statute, With Aliens And Pirates, Eugene Kontorovich 2012 Northwestern University School of Law

A Tort Statute, With Aliens And Pirates, Eugene Kontorovich

Faculty Working Papers

The pirates of the Caribbean are back. Not in another fantastical film but in the litigation over the reach of the Alien Tort Statute (ATS). For the first time since they dealt with the legal issues raised by a wave of maritime predation in the Caribbean in the early nineteenth century, Supreme Court justices are seriously discussing piracy. This crime has emerged as the test case for evaluating the major controversies about the reach of the statute -- namely, extraterritorial application and the existence of corporate liability. At oral argument in Kiobel v. Royal Dutch Shell, justices of all persuasions …


Review Of Framed By Gender: How Gender Inequality Persists In The Modern World By Cecilia L. Ridgeway, Rachel Feinstein 2012 Texas A&M University

Review Of Framed By Gender: How Gender Inequality Persists In The Modern World By Cecilia L. Ridgeway, Rachel Feinstein

Societies Without Borders

No abstract provided.


Wikileaking The Truth About American Unaccountability For Torture, Lisa Hajjar 2012 University of California—Santa Barbara

Wikileaking The Truth About American Unaccountability For Torture, Lisa Hajjar

Societies Without Borders

Grave breaches of the Geneva Conventions are international offenses and perpetrators can be prosecuted abroad if accountability is not pursued at home. The US torture policy, instituted by the Bush administration in the context of the “war on terror” presents a contemporary example of liability for gross crimes under international law. For this reason, classification and secrecy have functioned in tandem as a shield to block public knowledge about prosecutable offenses. Keeping such information secret and publicizing deceptive official accounts that contradict the truth are essential to propaganda strategies to sustain American support or apathy about the country’s multiple current …


Sociologists Without Borders And The Meaning Of “Without Borders”: The Social Construction Of Organizational And Scholarly Boundaries, Davita Silfen Glasberg 2012 University of Connecticut

Sociologists Without Borders And The Meaning Of “Without Borders”: The Social Construction Of Organizational And Scholarly Boundaries, Davita Silfen Glasberg

Societies Without Borders

This manuscript examines what it means to be “without borders” in an organizational and scholarly context.


The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin 2012 University of Maryland Francis King Carey School of Law

The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin

Faculty Scholarship

This symposium Essay comments on four interrelated themes regarding the right to religious liberty in international law that emerge from Seval Yildirim's article Global Tangles: Laws, Headcoverings and Religious Identity, 10 SANTA CLARA J. INT’L L. 52 (2012). The first is the paradoxical language of freedom in struggles over attempts to proscribe the wearing of the hijab, especially regarding the principles of gender equality and women’s rights. The second is the apparent comfort that governance feminism exhibits with the state imposition of new (presumably woman liberationist) norms and how institutions such as courts may act not only as …


The Chinese Are The Worst?: Human Rights And Labor Practices In Zambian Mining, Barry Sautman, Hairong Yan 2012 University of Maryland Francis King Carey School of Law

The Chinese Are The Worst?: Human Rights And Labor Practices In Zambian Mining, Barry Sautman, Hairong Yan

Maryland Series in Contemporary Asian Studies

No abstract provided.


Surviving Castle Rock: The Human Rights Of Domestic Violence, Max D. Siegel 2012 University of Maryland Francis King Carey School of Law

Surviving Castle Rock: The Human Rights Of Domestic Violence, Max D. Siegel

Student Articles and Papers

In 2005, the Supreme Court of the United States decided Town of Castle Rock v. Gonzales and held that Jessica Gonzales did not have a constitutional right to police enforcement of a restraining order. The decision highlighted the Court’s reluctance to recognize citizens’ affirmative rights, fortifying a deeply ingrained conceptualization of the Constitution of the United States as a “Negative Constitution” that creates a government with restraints on its actions and extremely limited obligations to its citizens. In August 2011, the Inter-American Commission on Human Rights released a report publicizing its finding that by failing to take affirmative measures to …


Digital Commons powered by bepress