Human Rights & Development Law Journal Volumes


MASTHEAD

ARTICLES

Human Rights and Armed Conflict--The Advisory Opinion of the International Court of Justice in the Nuclear Weapons Case by Dale Stephens
Abstract | PDF
Promoting Universal Human Rights: Dilemmas of Integrating Developing Countries by Mahmood Monshipouri
Abstract | PDF

NOTES

The "Tragedy of the Commons" in Plant Genetic Resources: The Need for a New International Regime Centered Around an International Biotechnology Patent Office by Chetan Gulati
PDF
Sterilization, Gender and the Law in Costa Rica by Naomi Seiler
PDF

PRACTITIONER'S NOTES

Introduction. Beyond the Rhetoric: Strategies for Effecting Change in Women's Human Rights
PDF
Practitioners' Note, Women's Rights in Russia: Training Non-Lawyers to Represent Victims of Domestic Abuse by Dianne Post
PDF
Practitioners' Note, Working with the "Enemy": Collaborating in the Implementation of Women's Human Rights by Deanna D.B. Matzanke
PDF
Practitioners' Note, Making Women's Land Rights a Reality in Uganda: Advocacy for Co-Ownership by Spouses Jacqueline Asiimwe
PDF

Articles


Human Rights and Armed Conflict--The Advisory Opinion of the International Court of Justice in the Nuclear Weapons Case by Dale Stephens

The Advisory Opinion of the International Court of Justice in the 1996 Nuclear Weapons Case assessed the legitimacy of the threat or use of nuclear weapons in an armed conflict. This Article examines the Opinion's contribution to a contemporary understanding of the law of armed conflict. It argues that the Court has provided an added weighting for humanitarian standards when assessing the legitimacy of military actions. This "weighting" significantly modifies the legitimate application of military force, particularly under the principle of proportionality. While the Advisory Opinion ostensibly gave formal primacy to the law of armed conflict, the reasoning adopted by the Court will enable the opposite to occur; namely, it will promote human rights in the interpretation of the law of armed conflict. Additionally, the Court's formal recognition of human rights standards in armed conflict has a significant impact on rights enjoyed by a Government's own military members.

Promoting Universal Human Rights: Dilemmas of Integrating Developing Countries by Mahmood Monshipouri
It is within the context of globalization that developing countries' receptivity as well as resistance to global human rights standards must be understood. This Article suggests that an effective promotion of human rights in this context requires a deeper understanding of its effects on the most vulnerable people, and that to the extent that globalizing human rights standards overlook the complexity of local conditions and constraints, the promotion of the universal view of human rights will do little to ensure their realization in the developing world.

VOL. 4 Masthead


Cecily Baskir
Lily Batchelder
Paolo Cammorata
Philip Chen
Eric A. Friedman
Itai Grinberg
Monica Hakimi
Catherine Hyde
Emily Pierce
Matthew Segal
Erika Serran
Saema Somalya
Jean Tom

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Editor-in-Chief
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Editors


Laurent Alfred, Benjamin Au, Mette Bastholm, Elizabeth Brundige, Alison Chase, Alice Clapman, Evan Criddle, Allegra Hogan, Kevin Keenan, Amy Meselson, Sanjukta Paul, Anna Rich, Claudio Salas, Himani Shah, Brent Wible