Table of contents for International human rights : problems of law, policy, and practice / [edited by] Richard B. Lillich ... [et al.].

Bibliographic record and links to related information available from the Library of Congress catalog.

Note: Contents data are machine generated based on pre-publication provided by the publisher. Contents may have variations from the printed book or be incomplete or contain other coding.


Counter
Summary of Contents
Preface
Acknowledgments
Chapter 1	From Morality To Law: The Abolition of Slavery
Chapter 2	Guaranteeing Human Rights by Treaty
 Is there a right to a safe and healthy environment?
Chapter 3	The Development of Human Rights Norms Through Non-binding Instruments
Chapter 4	Human Rights in Extremis
 How Can Human Rights Be Protected in Civil Strife
 and Armed Conflict?
Chapter 5	Who is Obligated to Promote and Protect Human Rights?
 Oil Exploration and Exploitation in the Niger River Delta
Chapter 6	Domestic Enforcement Mechanisms
Are States¿ Courts Bound to Apply International Human Rights Norms?
Chapter 7	UN Mechanisms for Addressing Violations of Human Right
What Petition and Other Procedures are Available for Implementing Human Rights Standards?
Chapter 8	The European System for the Protection of Human Rights 
Can Regional Systems to Protect Human Rights Be More Effective than UN Mechanisms?
Chapter 9	Human Rights in the Americas
 Responding to Disappearances in Argentina
Chapter 10	Coercing Compliance with Human Rights Norms: Sanctions and Armed Intervention
Can the International Community Prevent Human Rights Violations by Threatening or Using Force?
Chapter 11	International Criminal Law
Can we deter human rights violations by using the criminal justice process?
Chapter 12	The Problem of Fact-Finding and Evidence
 How are Human Rights Violations Investigated?
Chapter 13	Human Rights and Foreign Policy
 The United States¿China Relationship
Table of Contents
Summary of Contents
Preface
Acknowledgments
 Chapter 1
THE CONCEPT OF HUMAN RIGHTS
From Morality to Law: The Abolition of Slavery
I.	The Concept of Human Rights
II.	The Movement to Abolish Slavery and the Slave Trade
	A.	Introduction
B.	The Moral and Philosophical Evolution
David Brion Davis, The Problem of Slavery in the Age of Revolution 1770-1823
Roger Anstey, The Atlantic Slave Trade and British Abolition 1760-1810
C.	Economic and Political Factors
Howard Temperley, The Ideology of Antislavery, in The Abolition of the Atlantic Slave Trade: Origins and Effects in Europe, Africa and the Americas 
James Walvin, The Public Campaign in England against Slavery, 1787-1834
D.	The Rhetoric of Abolition
 Simon Bolivar, Message to the Congress of Bolivia (May 25, 1826)
Audrey A. Fisch, American Slaves in Victorian England: Abolitionist Politics in Popular Literature and Culture
Frederick Douglass, The meaning of July Fourth for the Negro, Rochester, NY (July 5, 1852)
E.	The Legal Evolution
 The Case of James Sommersett
Suzanne Miers, Slavery and the Slave Trade as International Issues 1890-1939
 Comments and Questions
II.	The Philosophical Underpinnings of Human Rights
A.	Natural Law
 S. James Anaya, Indigenous Peoples in International Law
B.	Legal Positivism
C.	Critical Legal Studies
D.	Feminist Perspectives
 Hilary Charlesworth, Feminist Methods in International Law
E.	Cultural Relativism
 Amartya Sen, Human Rights and Asian Values
 Comments and Questions
III.	A Brief History of Human Rights in International Law and Institutions
John P. Humphrey, The International Law of Human Rights in the Middle Twentieth Century
IV. 	Final Comments and Questions
Chapter 2
GUARANTEEING HUMAN RIGHTS BY TREATY
Is there a right to a safe and healthy environment?
I. 	The State of the Global Environment and Human Well-Being
United Nations Environment Program, Geo Yearbook: An Overview of Our Changing Environment 2004-2005
II.	The Protection of Human Rights through Treaties
A.	Why Rights and Why Treaties?
Dinah Shelton, Human Rights, Environmental Rights, and the Right to Environment
Adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights
Richard B. Bilder, Rethinking International Human Rights: Some Basic Questions
 Comments and Questions
B.	Human Rights Provisions in the UN Charter
1.	The Content of the Charter
The United Nations and Human Rights
2.	Invocation of the Human Rights Clauses on the International Level
Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa)
Egon Schwelb, The International Court of Justice and the Human Rights Clauses of the Charter
3. 	The Domestic Status of the Charter's Human Rights Clauses
Oscar Schachter, The Charter and the Constitution: The Human Rights Provisions in American Law
Note:	U.S. Recognition of the Legal Status of the Human Rights Clauses
 Comments and Questions
C.	UN Human Rights Law-Making
Dinah Shelton, Human Rights
1.	Completing the International Rill of Rights
Louis Henkin, Introduction
2.	Issue-Specific Human Rights Treaties
	Note on Specialized Agencies
 3. 	Quality Control 
Stephen P. Marks, Emerging Human Rights: A New Generation for the 1980s?
 A. H. Robertson, Human Rights in the World
	Note: UN Action
	UN General Assembly Res. 41/120
International League for Human Rights, Human Rights at the United Nations: New Standard Setting
 4.	The Evolution of a Claimed Right to Environmental Quality
Dinah Shelton, Human Rights, Environmental Rights, and the Right to Environment
 Note on the Evolution of Global, Regional and National Standards
 Comments and Questions
III.	Are Human Rights Treaties Different from other International Legal Norms?
A.	Interpretation
Vienna Convention on the Law of Treaties
Soering v. United Kingdom
Selmouni v. France
Juan Humberto Sanchez Case, Interpretation of the judgment on Preliminary Objections, Merits and Reparations
B.	Reservations
Vienna Convention on the Law of Treaties
Note:	U.S. Reservations, Understandings, and Declarations to the Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights: The Administration's Proposed Reservations, Understandings and Declarations in International Covenant an Civil end Political Rights
Human Rights Committee, Issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant
Human Rights Committee, Consideration of Reports Submitted By States Parties under Article 40 of the Covenant, Comments of the Committee on the Report of the United States of America
International Law Commission, Annual Report
C.	Termination of Treaties
Human Rights Committee, Continuity of Obligations
D.	Are Human Rights Treaties Superior to Other International Legal Regimes?
 Comments and Questions
IV.	Final Comments and Questions
Chapter 3
THE DEVELOPMENT OF HUMAN RIGHTS NORMS THROUGH NON BINDING INSTRUMENTS 
How and Why do New International Human Rights Norms Emerge other than by Treaty?
I.	Introduction: The Role of "Soft Law" in Human Rights Law-Making
Dinah Shelton, Commentary and Conclusions, in Compliance and Commitment: The Role of Non-Binding Instruments in the International Legal System
A.	The Use of Non-Binding Instruments
II. The Universal Declaration of Human Rights 
A.	The Making of the Universal Declaration
John P.Humphrey, The Universal Declaration of Human Rights: Its History, Impact and Juridical Character
B.	The Legal Status of the Declaration
	1.	The Historical Perspective
Egon Schwelb, The Influence of the Universal Declaration of Human Rights on International and National Law
		Note: Customary International Law 
	2.	Subsequent Developments in the Legal Status of the Declaration
Restatement (Third) of the Foreign Relations Law of the United States (702
International Law Association, Committee on the Enforcement of Human Rights Law, Final Report on the Status of the Universal Declaration of Human Rights in National and International Law
		Note: Other United Nations and Regional Human Rights Declarations
		Comments and Questions
III.	The Emergence of New Human Rights Norms: The Rights of Indigenous Peoples and Maya Land Claims in Southern Belize
A.	The Developing Rights of Indigenous Peoples
B.	The Adjudication of Maya Land Claims by the Inter-American Commission on Human Rights
S. James Anaya, The Maya Petition to the Inter-American Commission on Human Rights: Indigenous Land and Resource Rights, and the Conflict over Logging and Oil in Southern Belize
Note: The Awas Tingni and Dann cases
Inter-American Commission on Human Rights, Report 40/04, Case 12.053 (Maya Indigenous communities of the Toledo District of Belize)
	Comments and Questions
IV. Norm Building in Related Areas
A. Minorities	
Hurst Hannum, The Rights of Persons Belonging to Minorities
	Human Rights Committee, General Comment No. 23(50) (Art. 27)
B. Self-Determination 
Committee on the Elimination of Racial Discrimination, Right to self-determination
Comments and Questions
V.	The Model or ¿Soft Law¿ Approach in the Criminal Justice Area
A. International Norms Governing the Treatment of Prisoners
B. Status of the Standard Minimum Rules
C. 	Applying the "Model Law" or "Soft Law" Approach to Specific Subjects
	1.	Treatment of Prisoners
	2.	Juvenile Offenders
	3. Standards for the Administration of Justice 
		Nigel Rodley, The Treatment of Prisoners Under International Law
		Alfred Heijder, Codes of Professional Ethics Against Torture 
		Comments and Questions
VI. 	Final Comments and Questions
Chapter 4
HUMAN RIGHTS IN EXTREMIS
How Can Human Rights Be Protected in Civil Strife and Armed Conflict?
I.	A Mote in the Eye of Freedom: Interrogation at Abu Ghraib Prison, Iraq
Dana Priest and Barton Gellman, U.S. Decries Abuse but Defends Interrogations; "Stress and Duress" Tactics Used on Terrorism Suspects Held in Secret Overseas Facilities
II.	Human Rights in Civil Strife and States of Emergency
Joan Fitzpatrick, Human Rights in Crisis, The International System for Protecting Rights During States of Emergency 
Note: Humanitarian Law as a Limitation on the Right of Derogation: Civil Strife and Internal Armed Conflict Contrasted
Note:	Monitoring States of Emergency
Human Rights Committee, States of Emergency (Article 4)
Habeas Corpus in Emergency Situations 
Note:	Limitation Clauses
Comments and Questions
III.	The Traditional Law of War: International Armed Conflict
Note: Historical Roots of the Concern for Human Rights in the Law of War
G.I.A.D. Draper, Human Rights and the Law of War
A.	 Protecting Combatants: The First Three 1949 Geneva Conventions
	Third Geneva Convention Relative to the Treatment of Prisoners of War
	U.S. Army, Law of Land Warfare
	U.S. Army, Intelligence Interrogation
B.	 Protecting Civilians: The Fourth Geneva Convention
Fourth Geneva Convention on the Protection of Civilian Persons in Time of War
C. Subsequent Developments: Protocol I 
	Richard R. Baxter, Modernizing the Law of War 
	Note:	The Impact of Protocol I
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I)
Comments and Questions
IV.	Expanding Traditional Protections: Internal Armed Conflicts
A.	Common Article 3: Its Status and Content
Daniel Smith, New Protections for Victims of International Armed Conflicts: The Proposed Ratification of Protocol II by the United States
Case Concerning Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States)
B.	Protocol II: Its Scope and Content
	Richard R. Baxter, Modernizing the Law of War 
	Note: The U.S. Position on Protocol II 
	Note:	UN Peacekeeping
	Comments and Questions 
V.	 Where Does Responsibility Lie for Violations of the Law of War?
In re Yamashita 
Note: The Treatment of Command Responsibility in U.S. Domestic Law 
Interview with Guy Womack by Chris Matthews 
Comments and Questions
VI. Modern Warfare: Distinguishing Combatants from Civilians 
Lieutenant Duffy's Statement
Mark Bowden, Black Hawk Down, A Story of Modern War
Note:	The First Gulf War
Note:	Afghanistan and the Second Gulf War 
VII.	The "War on Terror": Emergency, Armed Conflict, or Business as Usual?
George W. Bush, Address to a Joint Session of Congress and to the American People
A. 	Prosecuting Those Persons Responsible for Ill-Treatment at Abu Ghraib
	1.	The Dramatis Personae 
	2. 	The Legal Arguments
		Memorandum from Assistant Attorney General Jay S. Bybee
		Note: Subsequent U.S. Interrogation Policies
		Note: Should Torture Always Be Prohibited?
B.	Guant namo and "illegal combatants"
	Third Geneva Convention Relative to the Treatment of Prisoners of War
Geneva Convention IV relative to the Protection of Civilian Persons in Time of War
Memorandum from Assistant Attorney General Jay S. Bybee 
Silvia Borelli, Casting light on the legal black hole: international law and detentions abroad in the "war on terror"
Memorandum from the President
C. 	Military Commissions 
Detention, Treatment, and Trial of Certain NonCitizens in the War Against Terrorism
Hamdan v. Rumsfeld 
D. 	Renditions 
Joan Fitzpatrick, Rendition and Transfer in the War Against Terrorism: Guant namo and Beyond
E. A Congressional Response 
	H.R. 3038
Thomas M. Franck, Editorial Comment, "Criminals, Combatants, or What? An Examination of the Role of Law in Responding to the Threat of Terror"
	Comments and Questions
VIII.	Final Comments and Questions
Chapter V
WHO IS OBLIGATED TO PROMOTE AND PROTECT HUMAN RIGHTS?
Oil Exploration and Exploitation in the Niger River Delta 
I.	The Problem: Oil Exploration and Exploitation in Nigeria
II. 	The Obligations of States
Note: The African Human Rights System
Christof Heyns, The African Regional Human Rights System: The African Charter
A. The Language of Obligation 
Human Rights Committee, General Comment No. 31, The Nature of the General Legal Obligation Imposed on States Parties to the Covenant on Civil and Political Rights
Vel squez Rodríguez Case, Inter-Am. Ct. H.R 
	Öneryildiz v. Turkey
Committee on Economic, Social and Cultural Rights, General Comment No. 3, The nature of States parties obligations (Art. 2, para. 1)
The Social and Economic Rights Action Center and the Center for Economic and Social Rights v. Nigeria
B.	Balancing state obligations to protect with individual freedom and autonomy
Brüggemann and Scheuten v. Germany 
Open Door and Dublin Well Woman v. Ireland 
Pretty v. the United Kingdom 
Comments and Questions 
III. Corporate Responsibility 
Dinah Shelton, Protecting Human Rights in a Globalized World 
Rhoda E. Howard-Hassman, The Second Great Transformation: Human Rights Leapfrogging in the Era of Globalization
A. Codes of Conduct 
Sub-Commission on the Promotion and Protection of Human Rights, Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights 
Report of the United Nations High Commissioner on Human Rights on the Responsibilities of Transnational Corporations and Related Business Enterprises with Regard to Human Rights
B.	Potential Domestic Liability of Corporations for Human Rights Abuses
Ralph Steinhardt, Laying One Bankrupt Critique to Rest: Sosa v. Alvarez Machain and the Future of International Human Rights Litigation in U.S. Courts
Wiwa v. Royal Dutch Petroleum Co. and Shell Transport & Trading Co. P.L.C.
C. 	A Response from Business 
SustainAbility, The Changing Landscape of Liability: A Director(s Guide to Trends in Corporate Environmental, Social and Economic Liability
Comments and Questions 
IV. Do International Organizations Have Human Rights Obligations? 
A.	International Financial Institutions 
IBRD/World Bank, Development and Human Rights: The Role of the World Bank
Kelly Currah et al., Doing The Rights Thing? The World Bank and The Human Rights Of People Living In Poverty 
B. 	The World Trade Organization
Robert Howse and Makau Mutua, Protecting Human Rights in a Global Economy: Challenges for the World Trade Organization
World Trade Organization, Trade and Labour Standards
Agreement reached on WTO waiver for (conflict diamonds( under the Kimberley Process Certification Scheme for Rough Diamonds
C. 	Intellectual Property Issues
Committee on Economic, Social and Cultural Rights, Protection of Intellectual Property Under The TRIPS Agreement
World Trade Organization, Declaration On The Trips Agreement And Public Health
Report of the High Commissioner for Human Rights, Liberalization of trade in services and human rights
Comm'n H.R., The right of everyone to the enjoyment of the highest attainable standard of physical and mental health **
Comm'n H.R. Res. 2005/23, Access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and malaria
D.	Peacekeeping
	Report of the International Law Commission on its 56th Session
Colum Lynch, U.N. Sexual Abuse Alleged in Congo, Peacekeepers Accused in Draft Report
Report of the Secretary-General, UN Special Measures for Protection from Sexual Exploitation and Sexual Abuse
Comments and Questions
V.	The Responsibility of Individuals for Human Rights Violations
Erica-Irene A. Daes, Freedom of the Individual under Law: an Analysis of Article 29 of the Universal Declaration of Human Rights
TO BE ADDED: EXTRACT FROM ALFONSO MARTINEZ STUDY
Comments and Questions
VI.	Final Comments and Questions
Chapter 6
DOMESTIC ENFORCEMENT MECHANISMS
Are States¿ Courts Bound to Apply International Human Rights Norms?
I. 	Introduction: The Relationship Between International and Domestic Legal Systems
II. 	U.S. Courts and the Right of Juvenile Offenders Not to be Executed
A.	 Finding the Parameters of Domestic Legal Protections in Light of International Norms
 Roper v. Simmons
Harold Hongju Koh, Review Essay: Why Do Nations Obey International Law
 Comments and Questions
B.	 The Application of Treaty Provisions by Domestic Courts
 1.	Judicial Treatment of Reservations to Multilateral Treaties
 Domingues v State of Nevada
Curtis A. Bradley, The Juvenile Death Penalty and International Law
 2.	The Doctrine of (Non) Self-Executing Treaties
 Note: The Fuji Case
 Sei Fujii v. State
 The U.S. Declarations of Non-Self-Execution
 Hamdan v Rumsfeld
 Comments and Questions
C.	The Judicial Application of Customary International Law 
Brief for the Human Rights Committee of the Bar of England and Wales, Human Rights Watch, Human Rights Advocates, Human Rights Watch, and the World Organization for Human Rights as Amici Curiae in Support of Respondents
Joan Fitzpatrick, The Role of Domestic Courts in Enforcing International Human Rights Law
Customary International Law under the Alien Tort Statute ¿ Filartiga and Beyond
 Filartiga v Peña-Irala
 Sosa v. Alvarez-Machain
 Comments and Questions
	Note: The State Action and Act of State Doctrines
 Note: Foreign Sovereign Immunity
III. 	The Justiciability of Economic, Social, and Cultural Rights
Committee on Economic, Cultural, and Social rights, The right to the highest attainable standard of health
 Minister of Health et al. v. Treatment Action Campaign et al.
Comments and Questions
 Note: The Use of International Human Rights Law in Foreign Jurisdictions
Supreme Court of the Russian Federation, Decision on the applicability by ordinary courts of the universally recognized principles and norms of international law and the international treaties of the Russian Federation
IV. Final Comments and Questions
Chapter 7
UN MECHANISMS FOR ADDRESSING VIOLATIONS OF HUMAN RIGHTS
What Petition and Other Procedures are Available for Implementing Human Rights Standards?
Introduction
I.	 The Situation in Greece: An Early Test Case
A.	Resolution 1503: High Expectations
B. 	Historical Note
	Greece: Justice in Blinkers
	Human Rights Report on Greece
	Communication Alleging Violation of Human Rights in Greece
C. 	The Sub-Commissions Response to the Communication
	Disappointing Start to New U.N. Procedure on Human Rights
D. The Reaction of the Greek Regime
Letter Dated 12 August 1973 from the Permanent Representative of Greece to the United Nations Addressed to the Secretary-General
E. The Overthrow of the Greek Regime and the Sub-Commission(s Role Therein
Statement by Amnesty International and the International Student Movement for the UN
II. 	Analyzing the Procedures and Problems of Resolution 1503
Frank C. Newman, The New U.N. Procedures for Human Rights Complaints: Reform, Status Quo, or Chamber of Horrors?
Philip Alston, The Commission on Human Rights
Nigel S. Rodley and David Weissbrodt, United Nations Nontreaty Procedures for Dealing with Human Rights Violations
Report of the independent expert of the Commission on Human Rights [Charlotte Abaka] on the situation of human rights in Liberia submitted under the 1503 procedure
III.	Other UN Mechanisms for Investigating Alleged Human Rights Abuses
A.	 Petition Procedures
B. Non-Petition Procedures
	Philip Alston, The Commission on Human Rights
Commission on Human Rights, Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
	Commission on Human Rights, Question of Arbitrary Detention
	Commission on Human Rights, Human rights and indigenous issues
Office of the High Commissioner for Human Rights, The Working Group on Arbitrary Detention
Report of the twelfth meeting of special rapporteurs/representatives, independent experts and chairpersons of working groups of the special procedures of the Commission on Human Rights and of the advisory services programme
	Comments and Questions
IV.	Monitoring the Implementation of UN Human Rights Treaties 
A.	 Monitoring bodies
B. 	State Reporting
Office Of The United Nations High Commissioner For Human Rights, Effective Functioning Of Human Rights Mechanisms Treaty Bodies
	Dinah Shelton, Compliance Mechanisms [Periodic Reports]
	Congressional Record, S 8400-8401
C. 	Individual Communications
	Toonen v. Australia
Note: Should there be an Optional Protocol to the Covenant on Economic, Social and Cultural Rights?
D.	Interstate Complaints
E.	General Comments
F. Strengthening the Treaty System
Final Report on Enhancing the Long-Term Effectiveness of the United Nations Human Rights Treaty System 
General Assembly Res. 57/202, Effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights
Office Of The United Nations High Commissioner For Human Rights, Effective Functioning Of Human Rights Mechanisms Treaty Bodies
	Comments and Questions
VI.	Final Comments and Questions
Chapter 8
THE EUROPEAN SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS 
Can Regional Systems to Protect Human Rights Be More Effective than UN Mechanisms?
I. 	Universal and Regional Norms
Dinah Shelton, The Promise of Regional Human Rights Systems
II. 	The Council of Europe and the European Convention on Human Rights
Dinah Shelton, The Boundaries of Human Rights Jurisdiction in Europe
A. 	Jurisdiction
	Note: Civilian Deaths in Iraq
	Bankovic and Others v. Belgium and Others
	Issa and Others v. Turkey 
	Al-Adsani v United Kingdom
	Comments and Questions
B.	The Interpretation and Application of Substantive Rights in the European Convention: Freedom of Expression
	Handyside v. United Kingdom
	Jersild v. Denmark
	Otto-Preminger-Institut v. Austria
	Note: Other Substantive Rights 
	Comments and Questions 
C. 	Seeking Compliance with European Human Rights Norms
	1.	Monitoring Judgments of the European Court of Human Rights 
Council of Europe Committee of Ministers to supervise the execution of the Human Rights Court's judgments Council of Europe
Council of Europe Parliamentary Assembly Resolution 1226 (2000), Execution of judgments of the European Court of Human Rights
Council of European Parliamentary Assembly, Resolution 1411 (2004), Implementation of decisions of the European Court of Human Rights
2. 	Monitoring other human rights obligations of members of the Council of Europe
Committee of Ministers, Declaration on Compliance with Commitments accepted by Member States of the Council of Europe
Procedure for Implementing the Declaration of 10 November 1994, on Compliance with Commitments Accepted by Member States of the Council of Europe
	Note: The Case of Georgia
Parliamentary Assembly, Georgia's application for membership of the Council of Europe
Parliamentary Assembly, Resolution 1257 (2001) of Sept. 25, 2001: Honouring of obligations and commitments by Georgia
Compliance with commitments and obligations: the situation in Georgia
	Comments and Questions
D.	The Present Crisis and the Future of the System
Explanatory report to the [draft] Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending the Convention's control system
Resolution (2004) 3, on judgments revealing an underlying systemic problem
	Comments and Questions 
III.	Other Human Rights Activities of the Council of Europe, European Union, and Organization for Security and Cooperation in Europe
Dinah Shelton, The Boundaries of Human Rights Jurisdiction in Europe
Comments and Questions 
IV.	Final Comments and Questions
Chapter 9
HUMAN RIGHTS IN THE AMERICAS
Responding to Disappearances in Argentina
 I.	Human Rights in Argentina
Inter-American Commission on Human Rights, Report on the Situation of Human Rights in Argentina
II.	Evolution of the Human Rights System in the Americas
Cecelia Medina, The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights: Reflections on a Joint Venture
Inter-American Court of Human Rights, Interpretation of the American Declaration of the Rights and Duties of Man within the Framework of Article 64 of the American Convention on Human Rights
	Note:	Advisory Opinions of the Court
	Comments and Questions 
III.	The Response of the System to Disappearances in Argentina
	A.	Country Reports
Inter-American Commission on Human Rights, Report on the Situation of Human Rights in Argentina
Thomas Buergenthal, Robert Norris, and Dinah Shelton, Protecting Human Rights in the Americas, Selected Problems
Report on the Situation of Human Rights in Argentina 
Comments and Questions 
	B. 	Individual Petitions
Dinah Shelton, The Inter-American Human Rights System 
		1. 	Provisional Measures
Reggiardo Tolosa Case, Order of the President of the Inter-American Court of Human Rights of November 19, 1993
2. 	Admissibility and Merits
 Res. Nº 31/78, Case 2553, (Argentina), decision of Nov. 18, 1978 
Association of the Bar of the City of New York, Committee on International Human Rights, The Inter-American Commission: A Promise Unfulfilled
Note: The Concept of Continuing Violations
		Blake v. Guatemala (Preliminary Objections)
3. Friendly Settlement 
Report No. 21/00, Case 12.059, Carmen Aguiar De Lapacó (Argentina)
		Comments and Questions
			Compliance with the Recommendations of the IACHR
Inter-American Commission on Human Rights, Annual Report 2004
	D.	 Resolutions of OAS political bodies 
Thomas Buergenthal, The Inter-American System for the Protection of Human Rights
	Resolution of the XVII Meeting of Consultation, 
E.	Proceedings before the Inter-American Court
	Reparations
Inter-American Court of Human Rights, Garrido And Baigorria Case (Reparations) (Art. 63(1) of The American Convention on Human Rights)
	Comments and Questions 
 IV.	The United States and the Inter-American System
 	Note:	Voting Rights and Self-Determination in the Americas 
Inter-American Commission on Human Rights, Report 98/03, Case 11.204, Statehood Solidarity Committee (United States)
Comments and Questions
 V.	Final Comments and Questions
Chapter 10
COERCING COMPLIANCE WITH HUMAN RIGHTS NORMS:
SANCTIONS AND ARMED INTERVENTION
Can the international community prevent human rights violations by threatening or using force?
I.	 Disaster in Darfur
Mission to the Sudan - The Darfur crisis, Report of the Representative of the Secretary-General on internally displaced persons, Francis M. Deng
II. 	Economic Sanctions
A. The League of Nations
B. The UN Charter and Southern Rhodesia
Myers S. McDougal and W. Michael Reisman, Rhodesia and the United Nations: The Lawfulness of International Concern
	Dean Acheson, The Arrogance of International Lawyers
C. Modern UN Sanctions
	Security Council Resolution 661
Committee on Economic, Social, and Cultural Rights, The relationship between economic sanctions and respect for economic, social and cultural rights
UN Sub-Commission on the Promotion and Protection of Human Rights, The adverse consequences of economic sanctions on the enjoyment of human rights
Thomas G. Weiss, Sanctions as a Foreign Policy Tool: Weighing Humanitarian Impulses
August Reinisch, Developing Human Rights and Humanitarian Law Accountability of the Security Council for the Imposition of Economic Sanctions
	Note: Regional or Unilateral Sanctions
	Comments and Questions
III. 	U.S. Implementation of International Sanctions
Note: The Legal Framework
Legislative Reference Service, Library of Congress, The United Nations Participation Act Sections Relating to Economic and Military Action
Diggs v. Shultz
Kenneth Roth, Executive Director of Human Rights Watch, The Role of U.S. Sanctions Policies in Promoting Human Rights
Note: Think Globally, Act Locally: Local and State-sponsored Sanctions
Crosby v. National Foreign Trade Council
Comments and Questions
IV. 	Armed Intervention
A. Intervention by the United Nations
	1. 	Somalia
Sean D. Murphy, Humanitarian Intervention: The United Nations I	n an Evolving World Order
	2. 	Haiti
		Security Council Resolution 940
		Security Council Resolution 1542
		Todd Howland, op-ed, In Haiti, rhetoric trumps human rights
	3. 	The Consequences of Non-Intervention: Rwanda
Report of the Independent Inquiry into the Actions of the United Nations during the 1994 Genocide in Rwanda
B.	Unilateral or Regional Intervention
1. The Consequences of Intervention: Kosovo
		Independent International Commission on Kosovo, Kosovo Report
		Note: The Second Gulf War
C. 	Proposed Criteria for Armed Intervention
	The Responsibility to Protect
D. Comments and Questions
V. 	The International Response to Darfur
Acting High Commissioner for Human Rights Bertrand Ramcharan, Statement to the UN Security Council
The Crisis in Darfur, Statement of Secretary of State Colin Powell before the Senate Foreign Relations Committee
Transcript of the Candidates First Debate in the 2004 Presidential Campaign
Comments and Questions
VI. 	Final Comments and Questions
Chapter 11
INTERNATIONAL CRIMINAL LAW
Can we deter human rights violations by using the criminal justice process?
I. 	Introduction
II. 	The 1973 Coup in Chile and Its Aftermath
A. Pinochet in Power
B. Pinochet Indicted
III. 	Efforts to Bring the International Criminal Justice Process to Bear upon Human Rights Violators
Antonio Cassese, International Criminal Law
John Carey, UN Protection of Civil and Political Rights
Steven R. Ratner and Jason S. Abrams, Accountability for Human Rights Atrocities in International Law
A. The Yugoslav War Crimes Tribunal
	Diane Orentlicher, Yugoslavia War Crimes Tribunal
B. The International Tribunal for Rwanda
Christina M. Carroll, An Assessment of the Role and Effectiveness of the International Criminal Tribunal for Rwanda and the Rwandan National Justice System in dealing with the Mass Atrocities of 1994
Kingsley Chiedu Moghalu, The Evolving Architecture of International Law: Image and Reality of War Crimes Justice: External Perceptions of the International Criminal Tribunal for Rwanda
C. Other Country-specific Tribunals
	Note: The Special Court for Sierra Leone
	Note: "Extraordinary Chambers" in Cambodia
	Comments and Questions
IV.	The International Criminal Court
Philippe Kirsch and Valerie Oosterveld, Negotiating an Institution for the TwentyFirst Century: Multilateral Diplomacy and the International Criminal Court
Global rights? [A Debate between A.C. Grayling and David Rieff]
A. U.S. Attitudes Toward an International Criminal Court
B. The United States Signs and "Unsigns" the ICC Statute
President Clinton, Statement on Signature of the International Criminal Court Treaty
Letter from Under-Secretary of State John R. Bolton to the Secretary-General of the United Nations
Under Secretary of State of Political Affairs Marc Grossman, American Foreign Policy and the International Criminal Court
	Jack Goldsmith, The SelfDefeating International Criminal Court
C. Exempting the United States from ICC Jurisdiction
	Statute of the International Criminal Court
	David J. Scheffer, Original Intent at The Global Criminal Court
	Note: The Early Work of the ICC
	Comments and Questions
V.	Universal Jurisdiction
Menno Kamminga, Lessons Learned from the Exercise of Universal Jurisdiction in Respect of Gross Human Rights Offenses
Diane Orentlicher, Whose Justice? Reconciling Universal Jurisdiction with Democratic Principles
Note: The Belgian Experience
Steven R. Ratner, Editorial Comment, Belgium's War Crimes Statute: A Postmortem
Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium)
Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium) (joint separate opinion of Judges Higgins, Kooijmans, and Buergenthal)
Comments and Questions
VI.	The "Piecemeal" Convention Approach Coupled with Domestic Enforcement
A. Slavery and Apartheid
B. Torture
C.	Terrorism
D. Other Transnational Crimes
VII. 	The Exercise of National Jurisdiction under Domestic Law: Amnesties and Prosecutions
Note: Human Rights Prosecutions in Argentina
Diane Orentlicher, Settling Accounts: The Duty To Prosecute Human Rights Violations of a Prior Regime
Note: Non-judicial Alternatives
Arthur Asiimwe, Rwanda Estimates 1 Million Face Genocide Charges
Comments and Questions
VIII.	Final Comments and Questions
Chapter 12
THE PROBLEM OF FACT-FINDING AND EVIDENCE
How are Human Rights Violations Investigated?
I.	The Challenge: To Find Out What Is Really Happening
II. 	Gathering the Facts: Allegations of Judicial Persecution of Mapuche leaders in Chile
 A.	Fact-Finding by Nongovernmental Organizations
 International Federation for Human Rights
Diane Orentlicher, Bearing Witness: The Art and Science of Human Rights Fact-Finding
Hans Thoolen and Berth Verstappen, Human Rights Missions: to Study of the Fact-Finding Practice of Non-Governmental Organizations
Hurst Hannum, Fact-Finding by Non-Governmental Human Rights Organizations
Andrew F. Smith, International Conflict and the Media, A Curriculum Guide: Incubator Baby Incident 
 B. 	Fact-Finding by the UN and other Inter-Governmental Organizations
Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Mr. Rodolfo Stavenhagen (Addendum: Mission to Chile)
Government of Chile, Report I ¿ Recommendations of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Chileans
Report on the situation of human rights in Myanmar, submitted by Mr. Paulo Sérgio Pinheiro, Special Rapporteur
M. Cherif Bassiouni, Appraising UN Justice-Related Fact-Finding Missions
C.	The Need for General Standards for Fact-Finding by Intergovernmental Organizations
Office of the High Commissioner for Human Rights, Training Manual on Human Rights Monitoring **(original had bold)
Belgrade Minimal Rules of Procedure for International Human Rights Fact-Finding Missions
 D.	Fact-Finding by Judicial and Quasi-Judicial Bodies
Inter-American Court of Human Rights, Case of the Mayagna (Sumo) Community of Awas Tingni: Transcript of the public hearing on the merits, November 16, 17, and 18, 2000, at the seat of the Court (unofficial translation)
 Comments and Questions
III. 	Evaluating the Facts
 A. 	Admissibility and Evaluation of Evidence
 The Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua
 Vel squez Rodríguez v. Honduras
B.	The Burden and Standard of Proof
 Bertrand G. Ramcharan, Evidence
 Vel squez Rodríguez v. Honduras
 Gangaram Panday v. Suriname
 Bleier v. Uruguay
 Sevtap Veznedaro?lu v. Turkey
 Comments and Questions
IV.	Final Comments and Questions
Chapter 13
HUMAN RIGHTS AND FOREIGN POLICY
The United States-China Relationship
I.	Human Rights and U.S. Foreign Policy
 Kenneth Cmiel, The Emergence of Human Rights Politics in the United States
Richard B. Bilder, Human Rights and U.S. Foreign Policy: Short-Term Prospects
A.	Congressional Action: Laying the Foundation
Richard B. Lillich, U.S. Foreign Policy, Human Rights, and Foreign Trade and Investment in Private Investors Abroad - Problems and Solutions
B. 	Presidential Human Rights Policies and their Critics, 1975 - 2005
	1. 	Almost at the Beginning: President Carter
		Cyrus R. Vance, Human Rights and Foreign Policy		
Henry A. Kissinger, Continuity and Change in American Foreign Policy 
U.S. Institute for Peace, U.S. Human Rights Policy: A 20 Year Assessment
		Orville H. Schell Jr., Carter on Rights - A Re-Evaluation
	2. 	Selective Rights, Selective Application: The Reagan Administration
International Commission of Jurists, Human Rights and U.S. Foreign Policy 
		Art Buchwald, Moderate Repression 
International Commission of Jurists, Human Rights and U.S. Foreign Policy
U.S. Institute of Peace, Human Rights in the Pursuit of Peace: A 20 Year Assessment
Note:	Key Differences in Human Rights Policy under Carter and Reagan
Jerome J. Shestack, An Unsteady Focus: The Vulnerabilities of the Reagan Administration's Human Rights Policy
	3.	Turning Down the Volume: The First President Bush
U.S. Institute for Peace, Human Rights and Peace: A 20 Year Assessment
	4. 	Searching for a Policy: The Clinton Administration
Human Rights Policy Under the New Administration, Statement of the Honorable Timothy E. Wirth, Counselor, U.S. Department of State
John Shattuck, Human Rights and Democracy in Asia 
		Mary McGrory, Human Rights Retreat
5. 	National Security, Regime Change, and Human Rights: George W. Bush 
Assistant Secretary of State for Democracy, 	Human Rights and Labor Lorne W. Craner, Supporting Human Rights and Democracy: The U.S. Record 2003-2004
		Don Feder, Human Rights Not A Foreign Policy Concern
		Michael Ignatieff, Is the Human Rights Era Ending?
	Comments and Questions
C. U.S. Foreign Policy, Human Rights, and Relations with China
1. 	The United States Evaluates the World: The State Department's Annual Reports on Human Rights
U.S. State Department, Country Reports on Human Rights Practices: China
China Lashes Out at Human Rights Report 
Information Office of the State Council of the People's Republic of China, The Human Rights Record of the United States in 2004
2. Multilateral Diplomacy at the UN Human Rights Commission
Note verbale dated 14 March 2005 from the Permanent Mission of Cuba to the United Nations Office at Geneva addressed to the Office of the High Commissioner for Human Rights
3. Linkages and Conditionality: Using U.S. Economic and Political Power
Remarks by Gov. William Clinton, A Vision for Democracy
		President¿s News Conference (May 26, 1994)
		Editorial, Speak Louder on Rights in China
Director of the State Department's Policy Planning Staff Richard N. Haass, China and the Future of U.S.-China Relations 
George Kourous and Tom Barry, U.S. China Policy: Trade, Aid, and Human Rights 
		William H. Overholt, Be Tougher on Burma Than China
		Comments and Questions 
	Comments and Questions
III. Human Rights Policies of Other States 
A.	The European Union
	European Union, Guidelines on Human Rights Dialogues
B. 	Japan
Yozo Yokota and Chiyuki Aoi, Japan's Foreign Policy towards Human Rights: Uncertain Changes 
 Japan, Ministry of Foreign Affairs, Human Rights Pamphlet
 Japanese Cooperation
Partnership for Democratic Development (PDD) Contributions to the UN Funds on Human Rights Official Development Assistance
Statement by H.E. Ambassador Shigeru Endo, Delegation of Japan, on Agenda Item 9: Question of the Violation of Human Rights and Fundamental Freedoms in Any Part of the World ++not highlighted in orig.
	Comments and Questions
IV. 	Final Comments and Questions

Library of Congress Subject Headings for this publication:

Human rights.