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Volume 6 Contents
Articles
- Human Rights Litigation Under the ATCA as a Proxy For Environmental Claims by Natalie L. Bridgeman
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- Normativity in International Law: The Case of Unilateral Humanitarian Intervention by Daphné Richemond
This Article argues that the ambiguous normative regime currently governing unilateral humanitarian intervention provides an adequate legal framework for such intervention. The Article reviews the arguments typically made in support of a codified, strict normative regime, finding that strict normativity is unlikely to deter human rights violators more effectively than the current framework. In addition, the Article points out that any effort to codify a norm of unilateral humanitarian intervention faces formidable obstacles. Such an effort must overcome the conflict between the traditional doctrine of state sovereignty and emerging principles of human rights, as well as practical difficulties in reaching international consensus on the content of a codified norm. A permissive legal regime, while imperfect, provides adequate safeguards against abuse, acknowledges the exceptional nature of unilateral intervention, benefits both intervening and target states, and protects human rights. Although the article argues that normative ambiguity is the only viable legal regime at this time, it recognizes strict normativity as an ideal towards which the international community should strive.
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- Making Access to Pharmaceuticals a Reality: Legal Options Under TRIPS and the Case of Brazil by Zita Lazzarini
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- Aftershocks: Reflections on the Implications of September 11 by W. Michael Reisman
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Notes from the Field
- The Complementary and Conflicting Relationship Between the Special Court for Sierra Leone and the Truth and Reconciliation Commission by Abdul Tejan-Cole
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Notes
- Staged Cities: Mega-events, Slum Clearance, and Global Capital by Solomon J. Greene
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