International Law

This volume aims not to retrace the fairly familiar terrain of establishing the legal character of human rights, or to argue the proposition, now well accepted, that human rights are part and parcel of the discipline of international law, but to consider the influence of human rights and humanitarian law on general international law. Although human rights and humanitarian norms are central to the book, then, it is not a book about human rights and humanitarian law.

By reassessing the history of the civil rights movement and examining questions and areas of research that need to be addressed by future studies, New Directions in Civil Rights Studies challenges students of the civil rights movement to broaden their vision and, at the same time, to look more closely at the people, the communities, and the networks that provide the rich texture of the movement's history.

A Most Uncertain Crusade traces and analyzes the emergence of human rights as both an international concern and as a controversial domestic issue for US policy makers during and after World War II. Rowland Brucken focuses on officials in the State Department, at the United Nations, and within certain domestic non-governmental organizations, and explains why, after issuing wartime declarations that called for the definition and enforcement of international human rights standards, the US government refused to ratify the first UN treaties that fulfilled those twin purposes.

This study was an elaboration of ideas he first proposed in 1933 in his address to the Fifth International Conference for the Unification of Penal Law (1933), which argued that attacks on racial, religious and ethnic groups should be considered international crimes. Important for the prosecution of the Nazis, it helped to establish the framework for all subsequent efforts to punish crimes against humanity.

Three inescapable observations form the foundation of this report. First, deadly conflict is not inevitable. Violence on the scale of what we have seen in Bosnia, Rwanda, Somalia and elsewhere does not emerge inexorably from human interaction. Second, the need to prevent deadly conflict is increasingly urgent.

The issue of racist or hate speech engages both Article 10 and Article 17 of the European Convention on Human Rights. The early admissibility decisions of the Commission, invoking Article 17 alone, or Article 10 in conjunction with Article 17, reflected a confused understanding of the relationship between the provisions.

Whether from the perspective of Islamic law’s advocates, secularism’s partisans, or communities caught in their crossfire, many people see the relationship between Islamic law and secularism as antagonistic and increasingly discordant.

This paper draws on regulatory governance scholarship to argue that the analytic phenomenon currently known as ‘Big Data’ can be understood as a mode of ‘design-based’ regulation. Although Big Data decision-making technologies can take the form of automated decision-making systems, this paper focuses on algorithmic decision-guidance techniques.

This article questions the characterization of the 1999 Declaration as a complete turnaround by studying the role that the 1947 Statement has played in the development of anthropological views on human rights. In particular, it takes a diachronic look at the institutional actions of the AAA of the 1940s and those of the 1990s by comparing the 1947 Statement with the 1999 Declaration.

While international criminal procedure should be governed by standards of fairness, this does not necessarily imply that fairness demands are to be identical to the ones applicable in domestic proceedings. The context within which international criminal courts and tribunals operate should be taken into account.