International human rights law Part 25

International human rights law VIOLATIONS BEFORE, DURING, AND AFTER HURRICANE KATRINA: AN INTERNATIONAL LAW FRAMEWORK FOR ANALYSIS
George E. Edwards
Thurgood Marshall Law Review
Volume 31, Number 2, Spring 2006 p.353

The Cost of the Citation of Foreign Law : The Impact of Roper, Atkins, and Lawrence on Sosa
Krishanu Sengupta
Dartmouth Law Journal
Volume 4, Issue 2, Spring 2006

The issue of international law in United States courts has become a pivotal issue which poses the age-old questions of separation of powers, the extent of national sovereignty, and the idea of a living Constitution. As the international community, led by Western Europe and the United Nations, is moving towards judicial recognition of universally-recognized human rights, prominent Supreme Court Justices, ranging from the swing votes of Justices Sandra Day O’Connor and Anthony Kennedy, to the liberal stalwarts Justices Stephen Breyer and Ruth Bader Ginsburg, are attending international conferences with prominent justices from other nations, and using rhetoric to identify themselves as integral parts of the international community. This has provoked responses from not only more nationalist Justices such as Antonin Scalia and Clarence Thomas, but the Executive and Legislative branches of the federal government, as well. Resolutions in both the House and the Senate that call for the outright ban of the use of international law in foreign courts have been proposed and are being considered. This condemnation of international law is made without discriminating between the different applications of international law: as both an expression of the opinions of society, and the more clearly Constitutionally-delineated law of nations that directly ask the Supreme Court to consider international law and norms. It is in this second category of cases that a U.S. statute with unprecedented promise for punishing human rights offenders around the world, the Alien Tort Claims Act, falls under. The Court’s unstructured citation has a large cost on its ability to prosecute human rights offenders in cases where the Constitution explicitly directs it to consider international law.

The ‘Feminizing’ of Torture under International Human Rights Law
ALICE EDWARDS
Leiden Journal of International Law
Volume 19, Number 2, June 2006 p.349-391

The International Human Rights Law on Torture After 11 September 2001
Sherwani, A. A. K.
Indian Journal of International Law
Volume 46, Number 1, 2006 p.74-83

Review: Status and (Human Rights) Obligations of Non-Recognized De Facto Regimes in International Law: The Case of ‘Somaliland’–The Resurrection of Somaliland Against All International ‘Odds’: State Collapse, Secession, Non-Recognition and Human Rights
Martina Bielawski
International and Comparative Law Quarterly
Volume 55, Number 3, July 2006 p.778-780

The Law and Ethics of Medical Research: International Bioethics and Human Rights
Alasdair Maclean
Medical Law Review
Volume 14, Number 2, Summer 2006 p.284-290

Between Light and Shadow: The World Bank, the International Monetary Fund and International Human Rights Law, by Mac Darrow
Gerd Oberleitner
Modern Law Review
Volume 69, Number 4, July 2006 p.669

In Search of Coherent Jurisprudence for International Criminal Law : Correlating Universal Human Responsibilities with Universal Human Rights
Mirko Bagaric and Dr. John Morss
Suffolk Transnational Law Review
Volume 29, Number 2, Summer 2006 p.157

Criminal Defamation and the Evolution of the Doctrine of Freedom of Expression in International Law: Comparative Jurisprudence of the Inter-American Court of Human Rights
Jo M. Pasqualucci
Vanderbilt Journal of Transnational Law
Volume 39, Number 2, March 2006 p.379

Author: international

Mentioned in these Entries

Foreign Law, International Criminal Law, International human rights law.