International human rights law Part 37

Human Rights Violations by Multinational Corporations and International Law: Where From Here?
Surya Deva
Connecticut Journal of International Law
Volume 19, Number 1, Fall 2003 p.1

Defining Torture in International Law: A Critique of the Concept Employed by the European Court of Human Rights
Anthony Cullen
California Western International Law Journal
Volume 34, Number 1, Fall 2003 p.29

TRANSNATIONAL DISCOURSE, RELATIONAL AUTHORITY, AND THE U.S. COURT: GENDER EQUALITY
Vicki C. Jackson
Loyola of Los Angeles Law Review
Volume 37, Number 2, Fall 2003 p.271

Scholars and jurists have taken note of “transnational judicial conversations,””dialogue”or “transjudicial communication”about human rights. Gender equality is a particularly fruitful area in which to explore transnational judicial discourse. This article discusses the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which obligates state parties to take measures to end discrimination against women and assure treatment on an equal basis with men. Furthermore, this article explores the developing practice in human rights cases, sometimes expressed as an obligation, to consider a wide range of legal sources that are not “binding”in any conventional legal sense. Moreover, the article considers arguments that resort to foreign or international law as nonbinding authority in resolving questions of domestic constitutional law is inconsistent with commitments to democratic self-rule and with the role and competence of the courts.

Symbiosis in International human rights law : The à-calan Case and the Evolving Law on the Death Sentence
Andrew Clapham
Journal of International Criminal Justice
Volume 1, Number 2, August 2003 p.475-489

ENDING CHILD LABOR: A ROLE FOR INTERNATIONAL HUMAN RIGHTS LAW?
James J. Silk, Meron Makonnen
St. Louis University Public Law Review
Volume 22, Number 2, 2003 p.359

International human rights agreements in South African law: procedure, policy and practice (part 2)
Olivier
Journal of South African Law
Volume 2003, Number 3 p.490

Legitimate Humanitarian Intervention Under International Law in the Context of the Current Human Rights and Humanitarian Crisis in Burma (Myanmar)
Jeremy Sarkin & Marek Pietschmann
Hong Kong Law Journal
Volume 33, Part 2, 2003 p.371

Review: Jayawickrama Nihal: The Judicial Application of Human Rights Law: National, Regional and International Jurisprudence
Philip Alston
European Journal of International law
Volume 14, Number 3, June 2003 p.615-617

International Human Rights and Islamic Law (Mashood A. Baderin)
Asia-Pacific Journal on Human Rights and the Law
Volume 4, Number 2, 2003 p.75

TRANSFORMING ISLAMIC FAMILY LAW: STATE RESPONSIBILITY AND THE ROLE OF INTERNAL INITIATIVE
Andra Nahal Behrouz
Columbia Law Review
Volume 103, Number 5, June 2003 p.1136

The Convention on the Elimination of All Forms of Discrimination Against Women generally disregards cultural specificity in favor of a universal standard of equality and, accordingly, requires States Parties to abolish all laws and practices that contravene this standard. Rejecting both this absolute universalism and counterarguments for uncompromising cultural relativism, this Note advocates a mediating approach-one that acknowledges unity while respecting diversity. This Note presents discrimination against women in the inheritance practices of the Muslim community in Northern Nigeria as a problem that can properly be solved by internal initiative and cooperation between Muslims and state actors free from dogmatic interferences from within and, more importantly, from without. The advancement of human rights in the Muslim world is inextricably linked to the possibility of Islamic reform. This Note argues that Muslims themselves can best carry out this reform and bring their laws and practices into conformity with international standards.

Author: international

Mentioned in these Entries

Columbia Law Review, Convention on the Elimination of All Forms of Discrimination Against Women, International human rights law.