International Law Commons^™

Ukraine: Not Putting Itself On The Right Track For Map?, Kate Klunk

Penn State International Law Review (1982 - 2011)

No abstract provided.

Human Rights Pragmatism Under Obama, Sonia Cardenas

Human Rights & Human Welfare

Bypassing realists and idealists, President Obama has staked out a boldly pragmatic approach to human rights. Critics depict the policy shift as “the downfall of human rights” and a set of “empty promises.” The problem is not with Obama’s embrace of pragmatism, or his rejection of ideology, to advance human rights. The problem is in the emphasis: human rights pragmatism should not privilege external inducements over vital on-the-ground domestic realities.

Human Trafficking From An International Protection Perspective: Probing The Meaning Of Anti-Trafficking Measures For The Protection Of Trafficking Victims, With Special Regard To The United Kingdom, Hannah Simon

Penn State International Law Review (1982 - 2011)

The Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) entered into force in the U.K. on the 1 April 2009. This event led to the belief that Britain's adherence will considerably improve the protection of trafficking victims in the country. In light of such expectations, this study examines which implications anti-trafficking measures may have on the legal protection of trafficking victims, while concentrating on new legal developments in the U.K. The paper analyses first the response of the anti-trafficking framework to international protection needs, and second, considers the scope of an alternative protection regime, namely, of …

Volume 29 - Number 1: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

Global Warming: A Second Coming For International Law?, Deepa Badrinarayana

Washington Law Review

Currently, there are no adequate mechanisms under international law to balance the competing tensions climate change presents to state sovereignty. On one hand, climate change threatens state sovereignty because the catastrophic loss of life and property of millions of people would deprive states of control over their domestic territories. Yet, other states rely on claims of their sovereignty to reject international legal obligations to mitigate climate change. This Article attributes the inadequacy of international law in the climate context to the evolution of the international community into an economic union that has historically privileged material interests over legal rights. It …

May Roundtable: The Downfall Of Human Rights? Introduction

Human Rights & Human Welfare

An annotation of:

“The Downfall of Human Rights” by Joshua Kurlantzick. Newsweek. February 19, 2010.

A Positive View Of The Trajectory Of The Human Rights Movement, David Akerson

Human Rights & Human Welfare

In 1988, during the waning days of apartheid in South Africa, I was a young American lawyer working for South African Lawyers for Human Rights in Pretoria. On one occasion, I accompanied some of my African colleagues to a conference, the purpose of which was to begin visualizing post-apartheid South Africa. While the apartheid regime was still in power, it was clearly in hasty retreat, and it was equally clear that its days were numbered. The African majority would soon be taking over the reigns of power, and they were excited to begin visualizing what freedom and human rights might …

Hope, Despair, And Human Rights, James Pattison

Human Rights & Human Welfare

Joshua Kurlantzick's “The Downfall of Human Rights” in Newsweek makes for a sobering read. The major Western states, he argues, are no longer interested in the promotion of human rights, but are instead focused on rebuilding themselves after the global recession. Kurlantzick notes further that the Obama administration avoids strong criticism of China, Russia, and other human rights violators because of its desire to demarcate itself from the previous administration's moralizing democracy promotion. To add to Kurlantzick's case for the West's lack of concern about human rights, one could cite the recent and blatantly human rights-violating anti-terror laws of several …

Premature Judgment, Todd Landman

Human Rights & Human Welfare

Just as Mark Twain said in 1897, “The report of my death was an exaggeration,” many commentators have prematurely reported the death of human rights. For example, in 1999, in The Theory and Reality of the Protection of International Human Rights , J. Shand Watson sees human rights as a “mere fiction” in light of a century of state-sponsored killing. One year later, Costas Douzinas, through an appeal to history, philosophy, and psychoanalysis proclaimed the “end of human rights.” It is thus no surprise that the article by Joshua Kurlantzick is yet another attempt to warn us that human rights …

What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law, Penelope J. Pether

Working Paper Series

Australian journalist Paul Sheehan's representation of the alleged and convicted immigrant Muslim/Arab rapists he demonises in 'Girls Like You', like his representation of the rape survivors in that text, has much to tell us about the law's production of rape law's speaking and signifying subjects, “real rape” victims and survivors, false accusers and perpetrators. This article uses a variety of texts, including 'Girls Like You', recent Australian rape law jurisprudence and legislative reform, texts involving two controversial recent US rape cases — one from Maryland and one from Nebraska — and a recent UK study on attrition in rape prosecutions, …

Apr. 21, 2010, Unathored, Summary Of Positions On Ifc Policy And Performance Standards And Disclosure Policy, Ifc

IFC E&S Performance Standards

No abstract provided.

International Police Education For The Rule Of Law: Obstacles, Facilitators, Curricula, Pedagogy, And Delivery, Gordon A. Crews, Angela West Crews

Criminal Justice Faculty Research

The points discussed in the session are related to United Nations peacekeeping in the twenty-first century and the international police education for the rule of law. It is noted that 100 countries contribute police officers to the United Nations, and that 49 of those countries contribute 25 or fewer officers. There is a gender imbalance, with only 7.75 % of forces being made up of women. In the past, UN policing priorities were: monitoring to verify police performance and impartiality, observing to ascertain police strengths and weaknesses and reporting to document police infractions. The UN Peacekeeping Mission Statement aims to …

Apr. 14, 2010, Ifc, Annex B_Mark Up Of Draft Policy, Ifc

IFC E&S Performance Standards

No abstract provided.

Apr. 14, 2010, Ifc, Annex A_Review And Update Of Ifc's Sustainability - Duplicate, Ifc

IFC E&S Performance Standards

No abstract provided.

Apr. 14, 2010, Ifc, Performance Standard 1-Rev.-0.1, Ifc

IFC E&S Performance Standards

No abstract provided.

The Effect Of Economic Integration With China On The Future Of American Corporate Law, Joseph Vining

Law & Economics Working Papers

China's development into a world economic power and its continuing integration with the United States economy raise the question whether China's own history and the socialist context of its domestic corporate law may affect the meaning of business terms in use both internationally and in American domestic corporate law. Of particular interest is the question whether China's entry and impact may blunt the late-twentieth century effort in the United States to change the legal sense of the purpose of an American business corporation.

A Unified Theory Of International Law, The State, And The Individual: Transnational Legal Harmonization In The Context Of Economic And Legal Globalization, James D. Wilets

Faculty Scholarship

This Article presents an original theory of international law which reconciles the norm-making processes occurring at the international, state, and individual levels. It is the central thesis of this paper that economic globalization is not happening in a vacuum, but it is rather engendering legal globalization, much in the way that centralized regulation followed trans-state economic globalization within the United States and Europe.

Traditional definitions of international law do not address this phenomenon and consider these new forms of transnational norm creation as simply exceptions to the general rule that international law is created by nation-states within the framework of …

Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Habeas Corpus In Times Of Emergency: A Historical And Comparative View, Brian Farrell

Pace International Law Review Online Companion

No abstract provided.

International & Comparative Law Perspectives: Spring 2010, Int'l & Comp. Law Program

International & Comparative Law Perspectives

No abstract provided.