International human rights law Part 47

 

Judging Poverty: Using International human rights law to Refine the Scope of Charter Rights
Bruce Porter
Journal of Law and Social Policy
Volume 15, Fall 2000 p.117

Human Rights Standards and the Responsibility of Transnational Corporations, edited by Michael Addo. Kluwer Law International, The Hague, 1999. ISBN 90-411-1246-4, 416 pp. NLG 225.00/USD 135.00/GBP 79.00.
Peter Muchlinski
Leiden Journal of International Law
Volume 13, Number 3, September 2000 p.712-717

The Paradox of Remedies: The Case of International Human Rights Law
Louis E. Wolcher
Columbia Journal of Transnational Law
Volume 38, Number 3, 2000 p.515

THE RIGHTS INTERNATIONAL COMPANION TO CRIMINAL LAW & PROCEDURE: AN INTERNATIONAL HUMAN RIGHTS & HUMANITARIAN LAW SUPPLEMENT
Bruce Zagaris
Fordham International Law Journal
Volume 23, Number 5, June 2000 p.1444

WAR POWERS AND THE MILLENNIUM
Paul W. Kahn
Loyola of Los Angeles Law Review
Volume 34, Number 1, November 2000 p.11

In this Article, Professor Paul W. Kahn argues that scholars examining Congress’s power to declare war have generally failed to confront the most important contemporary issue: reconciling American constitutional law with the emerging international legal order of human rights. Congress’s war-declaring power traditionally functioned as a point of intersection between the regime of international law and that of domestic law. Both of these regimes, however, changed dramatically in the latter part of the twentieth century. With the United Nations Charter, the category of war disappeared from international law. Internationally, a Declaration of war is now a meaningless act. Domestically, the structural incapacities of Congress to act in the area of foreign affairs have substantially increased in the last fifty years. The hope that the war-declaring function of Congress can serve a legitimating function with respect to the use of force is untenable in light of this incapacity. In any case, claims that presidential uses of force are not adequately responsive to the public will mistake contemporary problems for those of the last generation. Efforts to reinvigorate Congress’s war-declaring power are unlikely to serve any significant democratic purpose, but are likely to disable the emerging international regime of human rights enforcement.

WOMEN’S HUMAN RIGHTS IN IRAN: WHAT CAN THE INTERNATIONAL HUMAN RIGHTS SYSTEM DO?
Maryam Javaherian
Santa Clara Law Review
Volume 40, Number 3, 2000 p.819

Islam is the basis of law in Iran. With the intent of preserving the teachings of Islam, the government of Iran strictly regulates the freedom of all Iranians-especially women. For example, under the law, women have half the value of men. Men and women are segregated in many facets of society, including Education and receiving medical care. Women’s dress is also strictly regulated, with all women having to wear the hejab. Women are severely punished without Due Process , including receiving lashings and stonings, if they don’t follow the law. Women’s access to employment is also considerably limited. While these injustices continue, Iran is obligated under various international human rights Treaties to guarantee women their human rights. Under these human rights Treaties and various United Nations devices, the U.N. has monitored the status of women’s rights in Iran for a number of years. However, little has changed. This comment briefly describes the development and the current status of women’s rights in Iran. It also explains international human rights law and the treaties and devices that apply to Iran. This comment then analyzes whether the status of women’s rights in Iran violates international human rights law and whether the U.N. attempts at monitoring and improving such conditions have been effective. The author concludes that the current status of women’s rights in Iran clearly violates international human rights law and that the current U.N. system of enforcing and monitoring human rights fails to adequately ensure Iran’s compliance with its human rights obligations. The author proposes that legal and social techniques, such as restructuring the existing international human rights system and promoting the development of non-governmental organizations in Iran, are necessary to improve the status of women’s rights in Iran.

 

Resolving Cross-Strait Relations Between China and Taiwan
Jonathan I. Charney & J. R. V. Prescott
American Journal of International Law
Volume 94, Number 3, July 2000 p.453

The dispute between China and Taiwan has persisted despite changes within Taiwan and China, in their mutual relations, and in those with others. As a consequence of advancements in international law, particularly human rights and self-determination, the authors suggest that all of these changes will have to be brought to bear in order to secure a peaceful resolution of the dispute.

The Globalization of Human Rights Law and the Role of International Financial Institutions in Promoting Human Rights
Herbert V. Morais
George Washington International Law Review
Volume 33, Number 1, 2000 p.71

Askin, Kelly D., and Dorean M. Koenig (eds.). Women and International Human Rights Law (vols. 1 & 2)
Dorinda G. Dallmeyer
American Journal of International Law
Volume 94, Number 3, July 2000 p.606

International Human Rights and Domestic Law Focusing on U.S. Law, With Some Reference to Israeli Law
Malvina Halberstam
Cardozo Journal of International & Comparative Law
Volume 8, Number 2, Summer 2000 p.225

P. van Dijk; G.J.H. van Hoof, Theory and Practice of the European Convention on Human Rights , 3rd edn., Kluwer Law International, The Hague 1998, xxvii + 850 pp., Dfl. 295/US$ 159/UK£ 100. ISBN 90-411-0598-0.
Rick Lawson
Netherlands International Law Review
Volume 47, Issue 1, May 2000 p.85-88

Plenary Remarks: Judges and the Role of International Human Rights Law
Dean Kristin Booth Glen
New York City Law Review
Volume 3, Number 1, Symposium Edition 1998-2000 p.13

International Human Rights Law and Sexuality: Strategies for Domestic Litigation
Kristen L. Walker
New York City Law Review
Volume 3, Number 1, Symposium Edition 1998-2000 p.115

Should International Human Rights Law Trump US Domestic Law?
Jack Goldsmith
Chicago Journal of International Law
Volume 1, Number 2, 2000 p.327

Privacy Law: Privacy & Human Rights – An International Survey of Privacy Laws and Developments, by Electronic Privacy Information Center in association with Privacy International, 1999, soft-cover, Electronic Privacy Information Center Publishing, 166 pp., US$15.00, ISBN 1 893044 05 X
Computer Law and Security Review
Volume 16, Issue 3, May-June 2000 p.150

 

Author: international

Mentioned in these Entries

Declaration of war, Due Process, Education, European Convention on Human Rights, International human rights law, Treaties.