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Volume 5 Contents
Articles
- Globalizing Decency: Responsible Engagement in an Era of Economic Integration by Craig Forcese
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- When Intent Makes All the Difference in the World: Economic Sanctions on Iraq and the Accusation of Genocide by Joy Gordon
The U.N. Security Council responded to Iraq's invasion of Kuwait with a comprehensive regime of sanctions. This Article examines the claim that the highly planned policy contains elements of genocide and critically examines the international legal definition of genocide and its central requirement of specific intent. It argues that the conception of genocide contained in the 1948 Genocide Convention ignores whole categories of atrocities, exculpating certain actors who have committed acts of massive human destruction and removing the acts themselves from the sphere of moral judgment and accountability. The Article describes the devastating human costs that the Security Council and the United States have knowingly imposed upon the people of Iraq through the sanctions regime. It suggests that because the policy is justified with claims of international peace and security or denials of moral agency, it cannot meet the Genocide Convention's requirement of specific intent. Drawing upon the work of philosophers such as Arendt and Nietzsche, the Article concludes by charging the Security Council and the U.S. Government with something that will not fit within the Genocide Convention at all, something best described by Plato's concept of "perfect injustice," which occurs when atrocities are made at once invisible and good.
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- Microcredit: Fulfilling or Belying the Universalist Morality of Globalizing Markets? by Kenneth Anderson
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- Pursuing the Path of Indigenization in the Era of Emergent International Law Governing the Rights of Indigenous Peoples by Robert B. Porter
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- Reclaiming Humanity: Economic, Social and Cultural Rights as the Cornerstone of African Human Rights by Shedrack C. Agbakwa
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Notes from the Field
- Dealing with Witnesses in War Crime Trials: Lessons from the Yugoslav Tribunal by Patricia M. Wald
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- Wiwa v. Royal Dutch Petroleum Co.: A New Standard for the Enforcement of International Law in U.S. Courts? by Aaron Xavier Fellmeth
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Notes
- From Laggard to Leader: Canadian Lessons on a Role for U.S. States in Making and Implementing Human Rights Treaties by Koren L. Bell
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