Human Rights Law Commons^™

Enforcing Idealism: The Implementation Of Complementary International Protection In Canadian Refugee Law, Zofia Przybytkowski

LLM Theses

This thesis evaluates Canadas compliance with human rights-based complementary international protection. Through an analysis of the roots of international refugee protection, it first links the evolution of the latter with the development of human rights law instruments. It then defines complementary protection as the corpus of legal bases for asylum claims outside of the Convention Relating to the Status of Refugees. It uses various human rights instruments to outline international protection obligations, which take three different forms of complementary protection. The first one consists in independent protection mechanisms outside of the Refugee Convention, the most important being the formulation of …

The Ruggie United Nations Principles Framing International Indigenous Human Rights, Steven Ferrey

Suffolk University Law School Faculty Works

At the request of the editors of the Transnational Law Review, I have been asked to introduce a triad of articles addressing corporate and nation-state responsibility for human rights during infrastructure and resource development. New conflicts have arisen around international commerce. The overarching question raised by these articles is: to what degree, when doing business-as-usual in a country that has not implemented protection of human rights as part of domestic law, do other frameworks and guidelines impose legal obligations or liability on those conducting economic activity?

Should "Bum-Bashing" Be A Hate Crime?, Jeff Mcdonald

Public Interest Law Reporter

No abstract provided.

A Black Market For Magical Bones: The Current Plight Of East African Albinos, Susie Bucaro

Public Interest Law Reporter

No abstract provided.

Obama Administration Withholds Funds For Drug War In Mexico Pending Human Rights Reform, Christina Mcmahon

Public Interest Law Reporter

No abstract provided.

Re-Stocking The Shelves: Policies And Programs Growing In Food Deserts, Tess Feldman

Public Interest Law Reporter

No abstract provided.

The Conflict Between The Alien Tort Statute Litigation And Foreign Amnesty Laws, Carlee M. Hobbs

Vanderbilt Journal of Transnational Law

Since the landmark case Filartiga v. Pena-Irala, foreign individuals have increasingly utilized the Alien Tort Statute to raise claims of human rights violations in the United States federal courts. Defendants, however, have alleged that principles of international comity necessitate dismissal of the suit when the foreign country in which the human rights violations occurred has granted defendants amnesty. While the doctrine of international comity permits dismissal if the case requires a federal court to adjudicate the internal affairs of a foreign country, the Supreme Court held, in Sosa v. Alvarez-Machain, that the Alien Tort Statue grants U.S. courts jurisdiction over …

A Global Water Apartheid: From Revelation To Resolution, Itzchak Kornfeld

Vanderbilt Journal of Transnational Law

It is well settled in international human rights law that a human right to water exists. Nevertheless, to date, there has been little scholarship about what the practical contours of the right should be. If legal tools are to benefit the world's poor and disenfranchised, they cannot be void due to the impossibility of implementation. This is the problem with the purported human right to water: it is quixotic.

This Article proposes a pragmatic solution to the potable water problem for the world's poor. The solution offered here is based on a model of privatized access to water grounded in …

Mumarasat Al-Siyasah Al-Shar'iyah 'Inda Al-Aqaliyat Al-Muslimah : Majlis Al-'Alaqat Al-Islamiyah Al-Amarikiyah Namudhajan = The Practice Of Siasah Syar'iyyah Among Muslim Minority : A Case Study Of The Council On American-Islamic Relations., Bahaeddine Megaache

Student Works (2010-2019)

This research aims to uncover the reality of the Muslim minority in the United States of America, and the position of the Council on American-Islamic Relations (CAIR), and how to deal with emerging issues of Muslims there. For instance, participation of the American Muslim in the United States military service as well as his participation in elections. The researcher has represented the opinions and views of some contemporary scientists about this kind of issues. The researcher relies on the principles of the inductive and descriptive method, and he used the analytical machinery in dealing with the available in formation on …

Asbab Al-Qusur Fi Al-Iltizam Bi-Huquq Ahl Al-Qiblah Fi Waqi` Al-Muslimin Wa Subul Mu`Alajatiha : Dirasah Tahliliyah., Murad Ahmad Derhem Al-Qadasi

Student Works (2010-2019)

The rights of the People of Qiblah, who are the nation of Islam, are stipulated firmly in our Islamic Law (Sharia) through its texts and rules, which once applied, Muslims had pride and dignity. It is noicable in our nation’s presence that there is an evident defect in abiding by these rights, so the importance of this thesis comes to benefit me and our Muslim nation so that security, sublimity and empowerment prevail. The aims of this research are to introduce these rights: designating them as followers of Islam, supporting and allying, and unifying with them, to know to what …

Propaganda For War And Transparency, Richard B. Collins

Publications

No abstract provided.

Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall

Human Rights Brief

No abstract provided.

The Case For Social Rights, Virginia Mantouvalou

Georgetown Law Faculty Publications and Other Works

This is part of the book Debating Social Rights (Oxford, Hart Publishing, 2010) where I am making the case for social rights and Professor Conor Gearty (LSE) is making the case against social rights. This paper argues that social and economic rights, defined as rights to the satisfaction of basic needs, are constitutional essentials at domestic level and claims of the highest priority at supranational level. Their inadequate legal protection in national and supranational orders is not justified. Social rights have common foundations with civil and political rights, but have been neglected in law because of Cold War ideologies. The …

The Sacrificial Yoo: Accounting For Torture In The Opr Report, David Cole

Georgetown Law Faculty Publications and Other Works

When the Justice Department finally released the report of its Office of Professional Responsibility on the “torture memos,” recommending that the initial torture memo’s authors, John Yoo and Jay Bybee, be referred for bar discipline, John Yoo declared victory in op-eds in the Wall Street Journal and Philadelphia Inquirer. The report itself concluded that Yoo and Bybee had acted unethically, and quoted many of Yoo’s successors in office as condemning the memos as, among other things “slovenly,” “riddled with error,” and “insane.” But Yoo claimed victory because Associate Deputy Attorney General David Margolis vetoed its recommendation that he be referred …

Paradigm Shifts In International Justice And The Duty To Protect; In Search Of An Action Principle, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

This article places the emerging “responsibility to protect” within the historical development of international human rights and criminal law, while also attempting to more fully theorize the responsibility to ensure that it can be a basis for action in the face of a state’s commission of atrocities against its citizens. The main point of departure concerns the issue of “right authority” at that point in time when a coercive intervention is justified. Rather than rely solely on the Security Council in these situations, this article contends that unilateral and multilateral action must be countenanced by a fully theorized “responsibility to …

Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Land Use And Water Supply, Susan Kelly, Joanne Hilton

Water Matters!

As New Mexico grows and develops, there is a continuing increase in water demand and the need to provide additional supplies. Recent studies estimate the current population of the State to be about two million people, and the population is expected to grow to approximately 3,400,000 by 2050. Regional water plans project water demands for 16 regions within New Mexico. The total projected new water use associated with population growth—the public water supply and associated commercial sectors, exclusive of agriculture, mining, or other industries—ranges from 280,000 to 380,000 acre-feet per year of new water supply needed in the next 40 …

The Global Food Crisis: Law, Policy And The Elusive Quest For Justice, Carmen G. Gonzalez

Faculty Articles

The food crisis of 2008, the subsequent financial crisis, and the ongoing climate crisis have created new challenges to the attainment of global food security. This essay examines the historic and current practices that have contributed to food insecurity in developing countries, and recommends several steps that the international community might take to promote the fundamental human right to food. The essay begins by outlining the trade and aid policies that laid the foundation for food insecurity in the global South from colonialism until the early twenty-first century. It then examines the impact of the financial crisis and the climate …

Refugee Credibility Assessment And The "Religious Imposter" Problem, Michael Kagan

Vanderbilt Journal of Transnational Law

Credibility assessment in refugee status determination (RSD) poses unique challenges when the outcome of asylum applications turns on the question of whether an asylum seeker is actually a member of a persecuted religious minority. These cases require secular adjudicators to delve into matters of religious identity and faith that are, by their nature, subjective and beyond the realm of objective analysis. This Article explores practical means of addressing this challenge through a case study of the RSD interviews of Eritrean asylum seekers in Egypt who based their refugee claims on Pentecostal religious associations. Analysis of the interview methods used in …

Rethinking International Women's Human Rights Through Eve Sedgwick, Darren Rosenblum

Faculty Publications

(Excerpt)

Thanks to Janet Halley and Jeannie Suk for organizing this amazing workshop. Since the death of Eve Kosofsky Sedgwick, I have wanted to honor her memory, and this panel is the perfect venue. Sedgwick's foundational understandings of sexuality, gender, and identity set the stage for much of my work and that of those I admire.

My own work looks at how the state regulates gender in the "public" sphere. I attempt to challenge the tensions and intersections among international and comparative notions of equality and identity. Group identity constructions vary across cultural lines and conflict with liberal notions of …