International human rights law Part 39

 

Crazy Jane Talks With the Bishop: Abortion in China, Germany, South Africa and International human rights law
Barbara Stark
Texas Journal of Women and the Law
Volume 12, Number 2, Spring 2003 p.287

Famine Crimes in International Law
David Marcus
American Journal of International Law
Volume 97, Number 2, April 2003 p.245

The author argues that International Criminal Law assigns individual responsibility to those who deliberately or recklessly create, prolong, or inflict faminogenic conditions. After demonstrating with three case studies how famines often arise out of gross human rights violations, the author defines two degrees of famine crimes corresponding to mental states of knowledge and recklessness and locates in existing International Criminal Law the elements of the two definitions. The article concludes with a proposal for formal Codification of these crimes.

Securing Procedural Safeguards for Asylum Seekers in Canadian Law: An Expanding Role for International Human Rights Law?
Gerald P. Heckman
International Journal of Refugee Law
Volume 15, Number 2, April 2003 p.212-253

Inter-American Court of Human Rights Amicus Curiae Brief: The United States Violates International Law When Labor law Remedies are Restricted Based on Workers’ Migrant Status
Sarah H. Cleveland, Beth Lyon, & Rebecca Smith
Seattle Journal for Social Justice
Volume 1, Issue 3, Spring/Summer 2003 p.795

Toward a Universal Doctrine of Reparation for Violations of International Human Rights and Humanitarian Law
ABDULLAHI AHMED AN-NA’IM
International Community Law Review
Volume 5, Number 1, February 2003 p.27

International Human Rights Law: Imperialist, Inept and Ineffective? Cultural Relativism and the UN Convention on the Rights of the Child
Sonia Harris-Short
Human Rights Quarterly
Volume 25, Number 1, 2003 p.130

The ‘Common European Approach’, ‘International Trends’, and the Evolution of Human Rights Law. A Comment on Goodwin and I v. the United Kingdom
Alexander Morawa
German Law Journal
Volume 3, Number 8, August 2002

OUT OF THE CROOKED TIMBER OF HUMANITY: THE CONFLICT BETWEEN SOUTH AFRICA’S TRUTH AND RECONCILIATION COMMISSION AND INTERNATIONAL HUMAN RIGHTS NORMS REGARDING “EFFECTIVE REMEDIES”
Sherrie L. Russell-Brown
Hastings International and Comparative Law Review
Volume 26, Number 2, Winter 2003 p.227

Judicial review in the United States is a strong and effective remedy. However, it is a limited remedy because the courts act only when asked and because courts have developed an entire jurisprudence of reasons why they cannot hear cases. For past violations there is no constitutional remedy; and there is no constitutional obligation upon Congress, or upon the States, to provide remedies, or to compensate victims for violations of their rights. In contrast to the U.S. Constitution, various comprehensive human rights and regional human rights Treaties explicitly include, in some form, the right to a remedy for violations of the rights enumerated therein. This article addresses a source of international human rights law that strongly suggests that states have an obligation to investigate and prosecute the crimes of a former regime. The potential conflict between international human rights norms and South Africa’s truth and reconciliation commission asks us to critically examine and scrutinize whether South Africa’s truth and reconciliation commission constituted an “effective remedy” for the gross human rights violations committed during apartheid.

Fashioning a New Approach: the Role of International Human Rights Law in Enforcing Rights of Women Garment Workers in Los Angeles
Leslie D. Alexander
Georgetown Journal on Poverty Law & Policy
Volume 10, Number 1, Winter 2003 p.81

Making Waves: Circumventing Domestic Law on the High Seas
Shannon Renton Wolf
Hastings Women’s Law Journal
Volume 14, Number 1, Winter 2003 p.109

As abortion is illegal in Ireland, many Irish women who seek to exercise reproductive rights cross the Irish Sea to have abortions in England. However, given the cost of such travel, some Irish women do not have access to abortion. A Dutch organization, Women on Waves, recently attempted to sail a Dutch-registered ship to countries where abortion is either illegal or difficult to obtain. To circumvent domestic law, the abortions would be performed in international waters. While the effort was unsuccessful, the attempt raises a host of issues involving international law, state sovereignty, the law of the sea, and human rights. This Note considers whether and when Ireland has legal authority to assert jurisdiction over the Dutch abortion ship.

The Pull of Criminal Law and the Push of Human Rights: Challenges in the International Criminal Process
Sarah Siebert
Irish Student Law Review
Volume 11, 2003 p.29

 

Author: international

Mentioned in these Entries

Codification, Convention on the Rights of the Child, High Seas, International Criminal Law, International human rights law, Labor law, Treaties.