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Vol. VIII


MASTHEAD

ARTICLES 
Crossing Borders, Claiming Rights: Using Human Rights Law to Empower Women Migrant Workers by Margaret L. Satterthwaite
Abstract | PDF
Third Generation Rights: What Islamic Law Can Teach the International Human Rights Movement by Jason Morgan-Foster
Abstract | PDF

NOTE FROM THE FIELD
Clinical Legal Education in China: In Pursuit of a Culture of Law and a Mission of Social Justice by Pamela N. Phan
Abstract | PDF

NOTES
Protecting Cultural Property in Iraq: How American Military Policy Comports with International Law by Matthew D. Thurlow
PDF
Srebrenica as Genocide? The Krstic Decision and the Language of the Unspeakable by Katherine G. Southwick
Abstract | PDF



ARTICLES
Crossing Borders, Claiming Rights: Using Human Rights Law to Empower Women Migrant Workers by Margaret L. Satterthwaite
This Article considers the impact of the Migrant Workers Convention on the human rights of women migrants. While the adoption of a convention targeting abuses against migrant workers is a significant development in international human rights law, the author cautions that its specialized nature might be perceived as a limitation on the obligations that states owe to women migrants. The author warns against traditional, single-variable, compartmentalization of human rights treaties that would make the Migrant Workers Convention the only applicable human rights tool to women migrants, and, instead, advocates an intersectional approach. Using intersectionality, the author shows that many of the major human rights treaties can be invoked on behalf of the empowerment of migrant workers. While advocates and scholars should welcome the Migrant Workers' Convention as an interpretive tool and as a potential site for the development of best practices, they should also refocus their attention on the entire range of human rights treaties, and consider the ways in which the rights of women migrants are already included in the panoply of standards set out in those instruments.

Third Generation Rights: What Islamic Law Can Teach the International Human Rights Movement
by Jason Morgan-Foster
Debate over the universality of human rights has typically focused on the extent to which international human rights law differs from local cultural practices and has generally sought to resolve these differences in favor of the international paradigm. Less attention, however, has been given to arguments that the international human rights paradigm may have something to learn from non-Western legal systems. This Article focuses on one such area: the conceptualization of individual duties to the community. In conventional human rights law, rights are explicit, while corresponding duties are often implicit, controversial, and poorly theorized. In contrast, the Islamic legal tradition offers a sophisticated paradigm of common ideals grounded in individual duties. The Article argues that a reconciliation of the rights-based and duties-based paradigms is both possible and necessary to render justiciable third generation "solidarity" rights, such as the right to development, the right to a healthy environment, and the right to peace.

NOTE FROM THE FIELD
Clinical Legal Education in China: In Pursuit of a Culture of Law and a Mission of Social Justice by Pamela N. Phan
Seeking to play a greater role in an evolving world order, China faces pressure to conform to international legal norms and the rule of law. Strengthening the legal culture in China includes exploring new ways to train Chinese law students. Against this background of cultural and pedagogical change, clinical legal education has begun to take root in Chinese law schools. This Note from the Field explores the potential for clinical legal education to motivate students and scholars in China to push the boundaries of law, making it a tool of social justice for the average Chinese citizen. Drawing on her experiences as a clinical instructor in Chinese law schools, Pamela Phan argues that the American model of clinical legal education and its "social justice" tradition can play a significant role in the development of Chinese legal education, in turn strengthening legal culture and reform in China.

NOTES
Srebrenica as Genocide? The Krstic Decision and the Language of the Unspeakable by Katherine G. Southwick
In August 2001, a trial chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) handed down the tribunal's first genocide conviction. In this landmark case, Prosecutor v. Radislav Krsti?, the trial chamber determined that the 1995 Srebrenica massacres--in which Bosnian Serb forces executed 7,000-8,000 Bosnian Muslim men--constituted genocide. This Note acknowledges the need for a dramatic expression of moral outrage at the most terrible massacre in Europe since the Second World War.   However, this Note also challenges the genocide finding. By excluding consideration of the perpetrators' motives for killing the men, such as seeking to eliminate a military threat, the Krstic chamber's method for finding specific intent to destroy the Bosnian Muslims, in whole or in part, was incomplete. The chamber also loosely construed other terms in the genocide definition, untenably broadening the meaning and application of the crime. The chamber's interpretation of genocide in turn has problematic implications for the tribunal, enforcement of international humanitarian law, and historical accuracy. Thus highlighting instances where inquiry into motives may be relevant to genocide determinations, this Note ultimately argues for preserving distinctions between genocide and crimes against humanity, while simultaneously expanding the legal obligation to act to mass crimes that lack proof of genocidal intent.  

VOL. 8 MASTHEAD

 Lea Bishop
 Articles & Submissions Editor
 Joseph Blocher
 Student Notes Editor
 Paul Breloff
 Student Notes Editor
 Nusrat Choudhury
 Submissions Editor
 Mihailis Diamantis
 Managing Editor
 Michelle Garcia
 Articles Editor
 Abigail Horn
 Articles Editor
 Johanna Kalb
 Articles Editor
 Eunice Lee
 Executive Editor
 Mollie Lee
 Executive Editor
 Julie Maupin
 Articles Editor
 Nicholas Robinson
 Articles Editor
 Nawreen Sattar
 Submissions Editor
 Katherine Southwick
 Editor-in-Chief
 Alison Stocking
 Notes from the Field Editor
 Eric Tam
 Technical Editor
 Rebecca Tinio
 Notes from the Field Editor
 Tahlia Townsend
 Editor-in-Chief

JUNIOR EDITORS
Andrea Armstrong, Oliver Babson, Carlos Barrezueta, Brandon Birdwell, Kyla Brooke, Hannah Chang, Alicyn Cooley, Priam Dutta, Kimberly Gahan, Margaret Hellerstein, Celeste Hernandez-Gerety, Jael Humphrey, Raquiba Huq, Eisha Jain, Jassna Javed, Lara Kayayan, Abha Khanna, Milkah Kihunah, Nicole LeFrancois, Ji Li, Henry Liu, Kanika Mak, Ngozi Ndulue, Jason Pielemeier, Rosa Pizzi, Shruti Ravikumar, Adam Romero, Theresa Sgobba, Marc Silverman, Nora Staal, Julie Wilensky, Michael Yarbrough, Karin Yefet, Xingxiang Zhang