AuthorTitleCitationSummaryYearKey Term
Joni S. Charme THE INTERIM OBLIGATION OF ARTICLE 18 OF THE VIENNA CONVENTION ON THE LAW OF TREATIES: MAKING SENSE OF AN ENIGMA 25 George Washington Journal of International Law and Economics 71 (1992) International law accords a heightened regard to treaties. Nonetheless, a rule of conventional international law can be asserted and respected by states absent an understanding of the obligation contained therein. For over thirty years scholars, international courts, and tribunals looked to article 18 of the Vienna Convention on the Law of Treaties... 1992 Yes
David Browne , Reporter WIDESPREAD MIGRATION: THE ROLE OF INTERNATIONAL LAW AND INSTITUTIONS 86 American Society of International Law Proceedings 623 (April 1-4, 1992) The panel was convened by its Chair, Richard Buxbaum, at 11:00 a.m., April 4, 1992. Remarks by Richard Buxbaum Our topic is vital, not merely interesting, and it is fortunate for the Society that we have a panel of persons who can push the edges of the discussion forward today. Just last year we celebrated--if one dare use that phrase for such a... 1992  
Stanley Anderson HUMAN RIGHTS AND THE STRUCTURE OF INTERNATIONAL LAW 12 New York Law School Journal of International and Comparative Law 1 (1991) The allocation of power among central, intermediate, and dispersed governmental units is an unavoidably recurrent constitutional and political problem. After a constitutive political act has determined the basic allocation and denial of powers, the established structure of government provides a framework for the exercise of power. Within that... 1991  
Jordan J. Paust REREADING THE FIRST AMENDMENT IN LIGHT OF TREATIES PROSCRIBING INCITEMENT TO RACIAL DISCRIMINATION OR HOSTILITY 43 Rutgers Law Review 565 (Spring, 1991) While addressing racist speech and its consequences, Professor Mari Matsuda has made an eloquent appeal for an imaginative rereading of the first amendment and the creation of an exception to absolutist free speech principles for racist hate speech. Part of her plea involves directing attention to global trends under the mantle of the 1965... 1991  
Susan Gellman STICKS AND STONES CAN PUT YOU IN JAIL, BUT CAN WORDS INCREASE YOUR SENTENCE? CONSTITUTIONAL AND POLICY DILEMMAS OF ETHNIC INTIMIDATION LAWS 39 UCLA Law Review 333 (December, 1991) Sticks and stones may break my bones, but names can never hurt me! We have all heard it and repeated it since childhood. In recent years, however, many members of the legal, political, and sociological communities, as well as the general public, have begun to question this schoolyard dogma when applied to ethnic intimidation crimes: violent or... 1991  
Kim M. Watterson THE POWER OF WORDS: THE POWER OF ADVOCACY CHALLENGING THE POWER OF HATE SPEECH 52 University of Pittsburgh Law Review 955 (Summer, 1991) Intolerance is on the rise on university campuses. In response, university administrators have attempted to stem the rising tide of overt displays of racism, sexism, and homophobia by enacting anti-hate speech ordinances and policies. But an irony of sorts exists. By prohibiting speech rooted in intolerance of diversity, the college administrators... 1991  
Greg Warnagieris A TREATY IN CONFLICT WITH TITLE VII: MACNAMARA v. KOREAN AIR LINES FROM AN INTERNATIONAL HUMAN RIGHTS PERSPECTIVE 13 Loyola of Los Angeles International and Comparative Law Journal 331 (December, 1990) Direct foreign investment in the United States, including joint ventures as well as the outright purchase of American companies, increased dramatically in the past decade. With the accompanying importation of foreign management and culture, questions naturally arise over how American workers will fare under their new foreign managers. A fundamental... 1990  
Alfred T. Goodwin INTERNATIONAL LAW IN THE FEDERAL COURTS 20 California Western International Law Journal 157 (1989/1990) In 1960 George Kennan, the American diplomat and historian, warned Americans that: [I]nternational life normally has in it strong competitive elements. It did not take the challenge of Communism to produce the situation. Just as there is no uncomplicated personal relationship between individuals, so, I think, there is no international relationship... 1990  
Laura Dalton STANFORD v. KENTUCKY AND WILKINS v. MISSOURI: A VIOLATION OF AN EMERGING RULE OF CUSTOMARY INTERNATIONAL LAW 32 William and Mary Law Review 161 (Fall, 1990) The eighth amendment to the United States Constitution declares, [e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.' This language is particularly susceptible to change because the words cruel' and unusual' do not lend themselves to the ready creation of a standard by which one... 1990  
Lloyd N. Cutler THE INTERNATIONALIZATION OF HUMAN RIGHTS 1990 University of Illinois Law Review 575 (1990) No man is an island, entire of itself; every man is a piece of the continent, a part of the main. If a clod be washed away by the sea, Europe is the less, as well as if a promontory were, as well as if a manor of thy friend's or of thine own were: any man's death diminishes me, because I am involved in mankind, and therefore never send to know for... 1990  
Richard B. Lillich THE UNITED STATES CONSTITUTION AND INTERNATIONAL HUMAN RIGHTS LAW 3 Harvard Human Rights Journal 53 (Spring, 1990) The relation between United States constitutional law and international human rights law has been extensively discussed. In this Article, Professor Lillich offers a comprehensive and contemporary survey of the issues. Part I argues that United States constitutionalism has contributed significantly to the development of international human rights... 1990  
Daniel L. Skoler THROUGHOUT THE WORLD, CHILDREN CRY . . . WE WANT RIGHTS, TOO 17-SUM Human Rights 30 (Summer, 1990) On November 20, 1989, the United Nations General Assembly adopted, without dissenting vote, a Convention on the Rights of the Child. That convention, when brought into force by the ratification of at least twenty nations, will be the first binding and comprehensive piece of international law concerned exclusively with the rights of children. The... 1990 Yes
Lucien A. Moolenaar III BOURESLAN v. ARAMCO: EQUAL EMPLOYMENT OPPORTUNITY FOR U.S. CITIZENS ABROAD 12 Fordham International Law Journal 564 (Spring, 1989) Congress enacted title VII of the Civil Rights Act of 1964 (Title VII) to remedy racial, religious, sex, and ethnic discrimination in employment. Although Title VII does not affirmatively state the geographical limits of its application, courts have construed it to protect all U.S. citizens from discrimination by U.S. companies regardless of the... 1989  
Richard B. Lillich THE CONSTITUTION AND INTERNATIONAL HUMAN RIGHTS 83 American Journal of International Law 851 (October, 1989) A decade ago Professor Henkin remarked that there has been almost no examination at all of the relation between international human rights and the American Constitutional version of human rights. Since then he has done much to fill this gap in the literature, as has, more recently, a distinguished barrister/scholar from Great Britain.... 1989  
David Kretzmer FREEDOM OF SPEECH AND RACISM 8 Cardozo Law Review 445 (February, 1987) INTRODUCTION. 446 PART I: CONTENT REGULATION AS INFRINGEMENT OF FREEDOM OF EXPRESSION. 455 I. GENERAL ARGUMENTS FOR RESTRICTING RACIST SPEECH. 455 II. THE HARMS CAUSED BY SPEECH IN GENERALA LOOK AT CAUSATION. 459 III. THE HARM OF RACIST SPEECH. 462 A. Racist Speech and the Spread of Racial Prejudice. 462 B. Harm to Dignity. 465 IV. FREEDOM OF... 1987  
Ann I. Park HUMAN RIGHTS AND BASIC NEEDS: USING INTERNATIONAL HUMAN RIGHTS NORMS TO INFORM CONSTITUTIONAL INTERPRETATION 34 UCLA Law Review 1195 (April, 1987) C1-3TABLE OF CONTENTS L1-2Introduction 1196 I. The Present Status of Social Welfare Rights in the United States. 1203 A. Law, Individual Rights, and the State: Negative Constraints v. Affirmative Obligations. 1203 B. The Supreme Court and the Equal Protection Clause: No Special Protection for Basic Needs. 1208 II. The International Law of Human... 1987  
Myles V. Lynk , Reporter INTERNATIONAL HUMAN RIGHTS AND U.S. COURTS: MIGHT CONGRESS AND OTHER LIGISLATURES NURTURE NEEDED CHANGE? 81 American Society of International Law Proceedings 445 (April 8-11, 1987) The panel was convened by the Chair, Robert J. Drinan, S.J., at 2:30 p.m., April 10, 1987. Remarks by Father Drinan Many people in the Congress and in the international human rights community have had a dream for many years. For example, it is well known that piracy and slavery are crimes forbidden by international law. A pirate or someone engaging... 1987  
Detlev Vagts, W. Paul Gormley, Of the District of Columbia Bar ISRAEL YEARBOOK ON HUMAN RIGHTS. VOLUME 15, 1985. EDITED BY YORAM DINSTEIN. PUBLISHED UNDER THE AUSPICES OF THE FACULTY OF LAW, TEL AVIV UNIVERSITY. PP. 311. 81 American Journal of International Law 486 (April, 1987) Volume 15 is unique in the series because the major portion of its text is devoted to reproducing the papers presented at the Conference on Affirmative Action (Equality, Discrimination and Preferential Treatment) held at Tel Aviv University in December of 1984 (pp. 9-112). A distinguished group of scholars from the United States, England,... 1987  
No-Hyoung Park THE THIRD WORLD AS AN INTERNATIONAL LEGAL SYSTEM 7 Boston College Third World Law Journal 37 (Winter, 1987) I. INTRODUCTION. 37 II. CULTURAL DIVERSITY AND INTERNATIONAL LAW. 39 III. UNIVERSALITY AND INTERNATIONAL LAW. 41 IV. THE NON-ALIGNED MOVEMENT: REPRESENTING THE THIRD WORLD AS AN INTERNATIONAL LEGAL SYSTEM. 43 A. Values Within the Non-Aligned Movement. 45 1. From Bandung to Belgrade. 45 2. From Cairo to the Present. 46 B. Structure of the... 1987  
Neil A. Friedman A HUMAN RIGHTS APPROACH TO THE LABOR RIGHTS OF UNDOCUMENTED WORKERS 74 California Law Review 1715 (October, 1986) It's no fun being on illegal alien. Genesis, Illegal Alien Between two and three million undocumented aliens currently hold full-time jobs in the United States. These persons have sought employment in the U.S. economy due to hardship in their countries of origin and prospects of better economic opportunity in America. They are disproportionately... 1986  
Seymour J. Rubin ECONOMIC AND SOCIAL HUMAN RIGHTS AND THE NEW INTERNATIONAL ECONOMIC ORDER 1 American University Journal of International Law and Policy 67 (Summer, 1986) A necessitious man is not a free man. Oliver Wendell Holmes, Jr. At a 1981 Strasbourg Conference on Economic and Social Rights, Professor Louis Henkin, a distinguished American teacher and scholar, said, Human right is the idea of our time. As authority for that statement Professor Henkin noted that fact that the Universal Declaration of Human... 1986  
Theodor Meron THE MEANING AND REACH OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION 79 American Journal of International Law 283 (April, 1985) The International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) is the most important of the general instruments (as distinguished from specialized instruments such as those pertaining to labor or education) that develop the fundamental norm of the United Nations Charterby now accepted into the corpus of... 1985 Yes
Patricia McKinstry Robin THE BIT WON'T BITE: THE AMERICAN BILATERAL INVESTMENT TREATY PROGRAM 33 American University Law Review 931 (Summer, 1984) Developed and developing countries increasingly recognize the importance of promoting private investment in less developed countries (LDCs). Such investment, through which a private company acquires a lasting business interest in an LDC, is often referred to as direct foreign investment. Many private companies prefer to invest directly, rather than... 1984  
Joan F. Hartman 'UNUSUAL' PUNISHMENT: THE DOMESTIC EFFECTS OF INTERNATIONAL NORMS RESTRICTING THE APPLICATION OF THE DEATH PENALTY 52 University of Cincinnati Law Review 655 (1983) This Article takes as its starting point an issue presented to but avoided by the Supreme Court of the United States in Eddings v. Oklahoma: are the states prohibited from imposing the death penalty for crimes committed by children under eighteen years of age? Despite a pro-life public policy and a firm tradition of solicitude toward juveniles who... 1983  
Moses Moskowitz, Secretary-General, Consultative Council of Jewish Organizations THE U.N. CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (2D ED.). BY NATAN LERNER. (ALPHEN AAN DEN RIJN: SIJTHOFF & NOORDHOFF, 1980. PP. XVII, 259. INDEX. DFL.75; $37.50.) 76 American Journal of International Law 703 (July, 1982) While it may be difficult to find a single phrase in which to convey the essence of Lerner's theme, the book is diligent in its scholarship and persuasive in its judgment. If it is not overly provocative of argument, it is because the time when it was originally written followed the election of John F. Kennedy to the presidency of the United States... 1982 Yes
Louis Henkin RIGHTS: AMERICAN AND HUMAN 79 Columbia Law Review 405 (April, 1979) American rights need no introduction. As every school-child can recite, our rights are proclaimed in the Declaration of Independence and protected by the Constitution. Americans are aware of their rights, as if in their blood. We live our rights in our lives, daily. Human rights, by contrast, have only recently entered our common consciousness, but... 1979  
Charles H. Dearborn, III THE DOMESTIC LEGAL EFFECT OF DECLARATIONS THAT TREATY PROVISIONS ARE NOT SELF-EXECUTING 57 Texas Law Review 233 (January, 1979) On February 23, 1978, President Carter transmitted four human rights treaties to the Senate for its advice and consent. The President also recommended a number of reservations, understandings, and declarations, ostensibly designed to conform the treaties to United States law and thereby avoid constitutional or other legal obstacles to .... 1979  
  THE INTERNATIONAL HUMAN RIGHTS TREATIES: SOME PROBLEMS OF POLICY AND INTERPRETATION 126 University of Pennsylvania Law Review 886 (April, 1978) Since his inauguration, President Carter has made a most striking departure from the policies of his Republican predecessors by elevating human rights to a central position in American foreign policy. The realpolitik of the Kissinger State Department was perceived by the new President to lack a basic concern for the human side of international... 1978  
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