International human rights law Part 43

 

The Safe Third country Practice in the European Union: A Misguided Approach to Asylum Law and a Violation of International Human Rights Standards
Gretchen Borchelt
Columbia Human Rights Law Review
Volume 33, Number 2, Spring 2002 p.473

Cairo A. R. Robb: International Environmental Law Reports, Volume III: Human Rights and Environment
British Year Book of International Law
Volume 73, 2002 p.378

Dinah Shelton: Remedies in International human rights law
British Year Book of International Law
Volume 73, 2002 p.381

THE EMERGENCE OF STATE DUTIES TO PROSECUTE PERPETRATORS OF GROSS HUMAN RIGHTS VIOLATIONS IN INTERNATIONAL LAW: A JURISPRUDENTIAL PERSPECTIVE
PEDAIN, ANTJE
King’s Law Journal
Volume 13, Issue 1, 2002 p.53-74

POLITICS AND HUMAN RIGHTS IN International Criminal Law : OUR CASE AGAINST NATO AND THE LESSONS TO BE LEARNED FROM IT
Michael Mandel
Fordham International Law Journal
Volume 25, Number 1, November 2001 p.95

Kelly D. Askin and Dorean M. Koenig (eds.), Women and International Human Rights Law (Transnational Publishers, Ardsley, NY). Volume 1: Introduction to Women’s Human Rights Issues, 1999, xxv + 727 pp., $115.00 ISBN 1-57105-064-7 (h-b); Volume 2: International Courts, Instruments, and Organizations and Select Regional Issues Affecting Women, 2000, xxi + 719 pp., $115.00 ISBN 1-57105-092-2 (h-b); Volume3: Toward Empowerment, 2001, xxiii + 981 pp.,$115.00 ISBN 1-57105-093-0 (h-b)
Thérése Murphy
Human Rights Law Review
Volume 2, Number 1, Spring 2002 p.167-177

BACK TO THE FUTURE: WHY A RETURN TO THE APPROACH OF THE FILARTIGA COURT IS ESSENTIAL TO PRESERVE THE LEGITIMACY AND POTENTIAL OF THE ALIEN TORT CLAIMS ACT
Joshua Ratner
Columbia Journal of Law and Social Problems
Volume 35, Number 2, Winter 2002 p.83

The Alien Tort Claims Act (“ATCA”) is a unique piece of legislation providing victims of human rights abuses with civil remedies. The statute went virtually unused until 1980, when the Second Circuit, in its landmark decision Filartiga v. Pena-Irala, held that the ATCA provides a civil remedy in federal court for severe human rights violations rising to the level of Customary International Law (“CIL”). Since Filartiga, plaintiffs have successfully used the ATCA to obtain civil redress for a wide range of human rights abuses. The Author observes that the scope of claims available under the ATCA, however, has recently been challenged by a series of district court opinions that have limited actionable ATCA claims to a narrow subset of CIL known as jus cogens. The Author argues that this doctrinal shift towards the more limited category of jus cogens will have the effect of denying relief to victims of certain human rights abuses falling within the rubric of CIL but not jus cogens. Additionally, use of a jus cogens standard, as opposed to CIL, creates a host of unanticipated practical and normative problems that attack the very credibility of the ATCA. As a result, this Note will argue that courts should use the standard and methodology of CIL, not jus cogens. It will also assert that support for this approach is found in Filartiga, Congressional and Executive branch approval of Filartiga, and the meaning of “law of nations”in 1789. The Author concludes that only by returning to the standard and methodology of CIL can courts restore the potential and the legitimacy of the ATCA.

Litigating Social and Economic Rights in Canada in Light of International Human Rights Law: What Difference Can It Make?
Reem Bahdi
Canadian Journal of Women and the Law
Volume 14, Number 1, 2002 p.158

THE CHALLENGE OF REGULATING HATE AND OFFENSIVE SPEECH ON THE INTERNET
Negin Salimipour
Southwestern Journal of International Law
Volume 8, Number 2, 2001-2002 p.395

Freedom of speech is regarded as a vital human right under Customary International Law and various international human rights Treaties , and should be extended to safeguard the uninhibited flow of information on the Internet. This Comment addresses the issue of censoring hate speech and whether it would be consistent with a strong commitment to freedom of expression to impose differing international regulations on the Internet. This Comment compares the standards set forth by the American Convention, and other international Treaties , to conclude that such an imposition would wreak a fundamental injustice on an individual’s inalienable right to speak freely.

The Impact of the Human Rights Accountability Movement on the International Law of Immunities
DARRYL ROBINSON
Canadian Yearbook of International Law
Volume 40, 2002 p.151

Gender and Human Rights in Islam and International Law: Equal Before Allah, Unequal Before Man? Shaheen Sardar Ali
Penelope Mathew
Australian Year Book of International Law
Volume 22, 2002 p.239

Translating Filartiga: ? Comparative and International Law Analysis of Domestic Remedies For International Human Rights Violations
Beth Stephens
Yale Journal of International Law
Volume 27, Number 1, Winter 2002 p.1

 

Author: international

Mentioned in these Entries

Customary International Law, International Criminal Law, International human rights law, Treaties, country.