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Articles in the Africa Category

Africa, Featured, Headline, Human Rights, Humanitarian Law »

[ 17 Jun 2013 | Comments Off ]

Girmachew Alemu Aneme*
PDF Available for Official Citation
In May 2001, all but one African state ratified a regional treaty, the African Union Constitutive Act, which provides for intervention inside African Union (AU) Member States against genocide, crimes against humanity, and war crimes.[1] The AU Constitutive Act is the first international treaty that institutionalized the cosmopolitan ideal of protecting people inside states against mass atrocities as a matter of common obligation. The unanimous adoption of the AU’s right of intervention is a deviation from the longstanding strict adherence to the principles …

Africa, Developing States, Featured, Headline, Human Rights »

[ 3 Mar 2012 | ]
Protesters Seeking to Hold Royal Dutch Shell Liable for Human Rights Abuses

by Antoine Martin*
PDF Available for Official Citation
Also, Click here for the audio of the U.S. Supreme Court oral arguments for Kiobel vs. Shell
The full extent of the 1789 Alien Tort Claims Act (ATCA) which allows non-U.S. citizens to file suits in the U.S. for international human rights violations has been the subject of many debates in recent U.S. cases (Sosa v. Alvarez-Machain, Kiobel, Boimah Flomo I and II, Exxon). This comment looks at the key points relied upon in recent decisions to reject the existence of a corporate liability principle …

Africa, Developing States, Featured, Headline, Human Rights, Latin America »

[ 10 Oct 2011 | Comments Off ]

Lily Endean Nierenberg*
PDF Available
I. Introduction
In late summer 2010, two nations, Brazil and Kenya, inserted the human right to food into their national law. Brazil’s Constitution[1] and its Policy of Food Security and Nutrition[2] and Kenya’s new Constitution[3] impose a legal duty on each state that had previously existed only as a moral duty in the international human rights regime.[4] In both cases, the domestic law creates an accountability mechanism by which citizens can challenge their governments for failing to fulfill this new legal obligation.
Although these two countries adopted right to …