International Law
The Convention on Racial Discrimination: What Does It Means for U.S. Policy?
ACS hosted a briefing examining the ongoing discussion about, and potential federal legislative implication of, United States compliance with an international agreement on racial discrimination. The agreement is known as the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). Panelists at May 9, 2008 briefing, including experts who participated in the recent proceedings in Geneva, described CERD and the CERD compliance process, discuss the CERD Committee's findings and recommendations, and explored the role that Congress could play to address U.S. compliance with CERD.
International and Foreign Law Sources: Siren Song for U.S. Judges?
Chimène I. Keitner
In International and Foreign Law Sources: Siren Song for U.S. Judges?, University of California, Hastings College of the Law Associate Professor Chimène I. Keitner, addresses the growing debate over the use of foreign and international law sources by U.S. judges engaged in constitutional adjudication. She begins by summarizing the attitudes towards international law sources exhibited by individual justices in the American legal system, noting that "one's opinion about the potential relevance of foreign and international law sources . . . depends in no small part on one's view of the role of judges in a constitutional democracy." Professor Keitner then examines the public opposition to the citation of foreign law sources in Lawrence v. Texas and Roper v. Simmons, which manifested itself in proposed legislation that would constrain how judges could interpret cases and prohibit the consideration of international law sources. Finally, Professor Keitner identifies three principled objections to the use of foreign and international law sources in constitutional adjudication, and responds to each in turn. Professor Keitner concludes, "Participating in international judicial dialogue should be viewed as a means of strengthening, not weakening, our commitment to the democratic values embodied in the U.S. Constitution."
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Symposium on International Law and the Constitution: Terms of Engagement
On October 4-5, 2007 the American Constitution Society for Law and Policy, the American Civil Liberties Union, the Association of the Bar of the City of New York, Fordham Law Review and the Fordham Leitner Center on International Law and Justice sponsored a two-day symposium entitled, "International Law and the Constitution: Terms of Engagement." The event was held at Fordham Law School in New York City.
This symposium brought together prominent scholars and advocates to grapple with central debates concerning the relationship between international law and the Constitution, and the implications of this relationship for human rights. Keynoting the symposium was Harold Hongju Koh, Dean of Yale Law School and Former Assistant Secretary of State for Democracy, Human Rights and Labor and Carol Anderson, Professor of History at University of Missouri-Columbia and Author, Eyes Off the Prize: The United Nations and the African American Struggle for Human Rights.
Advancing the Consensus: 60 Years of the Universal Declaration of Human Rights
Keynote Speakers: President Jimmy Carter; 2003 Nobel Peace Prize Recipient Dr. Shirin Ebadi; Dr. Upendra Baxi. Advancing the Consensus is a conference that is intended to take a brief look back at the history of the UDHR so that we can begin looking forward to the new challenges that are facing the human rights movement 60 years after the Universal Declaration. The world that we live in today is very different from the one that gave rise to the original UDHR, and though we continue to face many of the same human rights abuses, how we respond to those abuses and implement effective protection of human rights must respond to the changing times. In particular, this conference is looking at the challenges to the human rights movement posed by globalization, environmentalism, and religion. Despite all the change of the past 60 years, however, the UDHR remains the guiding light in the human rights movement, and so as we take on the task of envisioning the next 60 years of human rights work, and as we attempt to advance the consensus on human rights, we continue to do so with reference to the Universal Declaration.
Emory School of Law
Brad Glick
Visit http://www.law.emory.edu/current-students/student-organizations/epic/conference.html; 404-273-3181, bsglick@emory.edu
The United States and Human Rights at Home -- 2008 ACS National Convention Breakout Session
This year marks the sixtieth anniversary of the Universal Declaration of Human Rights, which the U.S. played a lead role in drafting. Some human rights scholars and advocates argue that the U.S. has operated under a double standard in that it has promoted a set of universal human rights standards abroad that it has proved less willing to apply at home, citing U.S. policy on the use of torture as a prominent example. This panel focused on what can be done to ensure that the U.S. fulfills its international human rights obligations.
Panelists included:
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