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Volume 5 Contents
Articles
- Globalizing Decency: Responsible Engagement in an Era of Economic Integration by Craig Forcese
Abstract | PDF
- When Intent Makes All the Difference in the World: Economic Sanctions on Iraq and the Accusation of Genocide by Joy Gordon
Abstract | PDF
- Microcredit: Fulfilling or Belying the Universalist Morality of Globalizing Markets? by Kenneth Anderson
Abstract | PDF
- Pursuing the Path of Indigenization in the Era of Emergent International Law Governing the Rights of Indigenous Peoples by Robert B. Porter
Abstract | PDF
- Reclaiming Humanity: Economic, Social and Cultural Rights as the Cornerstone of African Human Rights by Shedrack C. Agbakwa
Abstract | PDF
Notes from the Field
- Dealing with Witnesses in War Crime Trials: Lessons from the Yugoslav Tribunal by Patricia M. Wald
Abstract | PDF
- Wiwa v. Royal Dutch Petroleum Co.: A New Standard for the Enforcement of International Law in U.S. Courts? by Aaron Xavier Fellmeth
U.S. courts have traditionally been reluctant to exercise jurisdiction over human rights violations committed abroad against foreign persons, often invoking forum non conveniens to dismiss cases. The Second Circuit's ruling in Wiwa v. Royal Dutch Petroleum Company altered the balance of forum non conveniens, making it easier to bring claims based on a foreign human rights violation despite the availability of an alternative forum. The court's reasoning emphasized the interest of the United States in vindicating human rights abroad and would hold wealthy parties to a greater standard of inconvenience than poorer parties. The decision may mark a turning point away from judicial indifference to international human rights law.
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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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