Human Rights & Development Law Journal Volumes


MASTHEAD

ARTICLES

Implementing Human Rights in ASEAN Countries: "Promises to keep and miles to go before I sleep" by Li-ann Thio
Abstract
Court Performance Around the World: A Comparative Perspective by Maria Dakolias
Abstract
The Principle of Discrimination in 21st Century Warfare by Michael N. Schmitt
Abstract

NOTES

A Comparative and International Law Perspective on the United States (Non)Compliance with its Duty of Non-Refoulement by Kathleen Keller

NEW DEVELOPMENTS

Quito Declaration, Preface by Chris Jochnick & Javier Mujica Petit
Quito Declaration on the Enforcement and Realization of Economic, Social and Cultural Rights in Latin America and the Caribbean

Articles


Implementing Human Rights in ASEAN Countries: "Promises to keep and miles to go before I sleep" by Li-ann Thio

Until relatively recently, human rights have not played a prominent role in the deliberations of the Association of Southeast Asian Nations (ASEAN). Professor Li-ann Thio of the National University of Singapore asserts that this is changing at a rapid pace, although not in such a way as to justify the creation of a full-fledged Asian human rights regime. In this Article, she explores and critiques the cultural, institutional, and economic factors widely cited as obstacles to the promotion of human rights in the region, and argues ultimately for a subregional human rights system that can take advantage of ASEAN's existing political infrastructure.

Court Performance Around the World: A Comparative Perspective by Maria Dakolias

One of the major problems facing legal regimes in both the developing and developed world is a lack of high-quality access to the judicial system. In too many countries, congestion and overflowing dockets are the norm, preventing many individuals from enjoying the rights guaranteed to them by law. To solve this problem, many countries have instituted judicial reforms, but the efficacy of these reforms is often difficult to assess without comparative, quantitative data. In her Article, Maria Dakolias, a lawyer for the World Bank, aims to show areas in which an international comparison of judicial performance can be useful, and applies a series of indicators to a wide array of countries.

The Principle of Discrimination in 21st Century Warfare by Michael N. Schmitt
In this article, Professor Schmitt addresses changes in military technology and the implications of these changes for the humanitarian law of war, with particular focus on the principle of discrimination. Evolution in the machinery of warfare can be expected to improve the precision with which objects may be targeted. At the same time, this evolution may complicate considerations of what constitutes a legally permissible target. As technologically advanced militaries become increasingly interdependent with the infrastructure of civilian life, the line between legal military objectives and protected civilian objects may become blurred. The international legal questions posed by this change will be particularly thorny in the case of warfare between technologically advanced military powers and less developed nations. In the short term, technologically disadvantaged States might have incentives to support a broad definition of legally permissible targets. Alternately, they might support a subjective standard, in which the technological capacity of a belligerent State partially determines its legal obligations. Professor Schmitt argues, however, that such an expansion of permissible military objectives would not only disserve the goals of humanitarian law, but ultimately prove disadvantageous to all States.

VOL. 2 Masthead


Ahilan Arulanantham
Susan Benesch
Jeremy Feit
Daphne Keller
Tara Melish
Ernest Miller
Rose Saxe
Katherine Seay
Eric Yoon

Submissions Editor
Articles Editor
Notes Editor
Executive Editor
Executive Editor
Technical Editor
Articles Editor
Managing Editor
Editor-in-Chief

Editors


Daniel Bonilla, Wen-chen Chang, Philip Chen, Douglas Codiga, Michael Durham, Shad Fagerland, James Kanter, Avi Kumin Koji Nishimoto, Rodrigo Noriega, Jonelle Ocloo, Liban Rodol, Leigh Toomey, Heather Zachary, Nathaniel Zylstra