The Hindu Succession Act of 1956, as part of a movement to codify the system of religious personal laws after India gained its independence in 1947, revolutionized the legal rules governing gender and inheritance. However, as a codification of ancient Hindu law and colonial amendments, the Act retained many limitations on women's rights regarding full ownership of ancestral and other property. Despite the drafters' intent to equalize the property and inheritance rights of Hindu women, a tension persists between the rights granted to women and the limitations preserved within the Act.This article investigates the provisions in the Act that enshrine gender discrimination in one of the most important legal aspects of personal law: inheritance. In particular, this article advocates for changes to the Hindu Succession Act that would equalize the position of men and women in relation to joint families and property rights. [Note: This paper was published prior to the 2005 amendments to the Hindu Succession Act, which removed many of the gender discriminatory provisions.]
{"title":"The Conflict between Communal Religious Freedom and Women's Equality: A Proposal for Reform of the Hindu Succession Act of 1956","authors":"A. Sridhar","doi":"10.15779/Z382M0J","DOIUrl":"https://doi.org/10.15779/Z382M0J","url":null,"abstract":"The Hindu Succession Act of 1956, as part of a movement to codify the system of religious personal laws after India gained its independence in 1947, revolutionized the legal rules governing gender and inheritance. However, as a codification of ancient Hindu law and colonial amendments, the Act retained many limitations on women's rights regarding full ownership of ancestral and other property. Despite the drafters' intent to equalize the property and inheritance rights of Hindu women, a tension persists between the rights granted to women and the limitations preserved within the Act.This article investigates the provisions in the Act that enshrine gender discrimination in one of the most important legal aspects of personal law: inheritance. In particular, this article advocates for changes to the Hindu Succession Act that would equalize the position of men and women in relation to joint families and property rights. [Note: This paper was published prior to the 2005 amendments to the Hindu Succession Act, which removed many of the gender discriminatory provisions.]","PeriodicalId":325917,"journal":{"name":"Berkeley Journal of International Law","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129828869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The study of the use of reservation in multi-lateral treaties reveals two striking phenomena: 1) the law of reservations, enshrined in Articles 19-21 of the Vienna Convention on the Law of Treaties, favors the reserving state; and 2) the number of reservations attached to international treaties is relatively low in spite of that natural advantage. The article draws on game theory to explain the states' behavior concerning reservations to international treaties and posits that Article 21 (1) of the Vienna Convention is a good place to search for an explanation. This provision establishes the concept that reservations are reciprocal: between a reserving state and a state that objects to the reservation, that provision of the treaty will not be in force. Therefore, if a state wants to exempt itself from a treaty obligation, it must be willing to let other nations escape that same burden as well. By considering different kinds of treaties in light of various game theory models, the article considers why most treaties have relatively few reservations, whereas human rights treaties present a notable, and disappointing, exception to this general rule.
{"title":"Treaty Reservations and the Economics of Article 21 (1) of the Vienna Convention","authors":"F. Parisi, Catherine Ševčenko","doi":"10.2139/SSRN.307279","DOIUrl":"https://doi.org/10.2139/SSRN.307279","url":null,"abstract":"The study of the use of reservation in multi-lateral treaties reveals two striking phenomena: 1) the law of reservations, enshrined in Articles 19-21 of the Vienna Convention on the Law of Treaties, favors the reserving state; and 2) the number of reservations attached to international treaties is relatively low in spite of that natural advantage. The article draws on game theory to explain the states' behavior concerning reservations to international treaties and posits that Article 21 (1) of the Vienna Convention is a good place to search for an explanation. This provision establishes the concept that reservations are reciprocal: between a reserving state and a state that objects to the reservation, that provision of the treaty will not be in force. Therefore, if a state wants to exempt itself from a treaty obligation, it must be willing to let other nations escape that same burden as well. By considering different kinds of treaties in light of various game theory models, the article considers why most treaties have relatively few reservations, whereas human rights treaties present a notable, and disappointing, exception to this general rule.","PeriodicalId":325917,"journal":{"name":"Berkeley Journal of International Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128702945","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On September 6, 1999, the Supreme Court of Israel, sitting as the High Court of Justice ("HCJ"), 2 ruled on a governmental policy that has long been the subject of intense international criticism: Israel's use of torture on Palestinian detainees interrogated by its secret police, the General Security Service ("GSS"). 3 Since a 1987 governmental commission recommended that the GSS employ "moderate physical and psychological pressure" on Palestinians suspected of "security" offenses, the use of interrogation methods amounting to
{"title":"Moderate Torture on Trial: Critical Reflections on the Israeli Supreme Court Judgement concerning the Legality of General Security Service Interrogation Methods","authors":"A. Imseis","doi":"10.15779/Z381P9P","DOIUrl":"https://doi.org/10.15779/Z381P9P","url":null,"abstract":"On September 6, 1999, the Supreme Court of Israel, sitting as the High Court of Justice (\"HCJ\"), 2 ruled on a governmental policy that has long been the subject of intense international criticism: Israel's use of torture on Palestinian detainees interrogated by its secret police, the General Security Service (\"GSS\"). 3 Since a 1987 governmental commission recommended that the GSS employ \"moderate physical and psychological pressure\" on Palestinians suspected of \"security\" offenses, the use of interrogation methods amounting to","PeriodicalId":325917,"journal":{"name":"Berkeley Journal of International Law","volume":"27 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2001-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131286235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The European Union's Constitutional Order - Between Community Method and Ad Hoc Compromise","authors":"Youri. Devuyst","doi":"10.15779/Z38MP9J","DOIUrl":"https://doi.org/10.15779/Z38MP9J","url":null,"abstract":"","PeriodicalId":325917,"journal":{"name":"Berkeley Journal of International Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124235006","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The dawning of a new century and millennium in the year 2001 roughly coincides with the commemoration of fifty years of responsibility-sharing by States in an international system designed to protect and assist refugees. Toward the end of 2000, we will commemorate the 50th anniversary of the creation of the Office of the United Nations High Commissioner for Refugees (UNHCR). On December 14, 1950, the United Nations General Assembly passed a resolution creating the office of a High Commissioner for Refugees. This position, under the auspices of the United Nations, would provide "international protection" to refugees and seek "permanent solutions" for the problem of refugees in conjunction with the governments of member states. In the year 2001, we will reach another landmark: 50 years since the adoption of the 1951 Convention Relating to the Status of Refugees. Under different circumstances, the endurance for half a century of an institution in which all the world's States and citizens continue to be stakeholders would have called for a celebration. Why are we not celebrating? It is indicative of the ambivalence with which most people view the refugee issue that the UNHCR, after much internal reflection, has decided that now would not be a good time to "celebrate." Indeed, one doubts whether there could ever be a good time to celebrate such an issue. Instead, a decision was made to focus on the strengths, potential and resilience of refugees as individuals and as communities throughout the world, in order to bring into sharp relief both the plight of refugees and their proximity to the ordinary person in the street. In so doing, the UNHCR hopes also to affirm the morale and value of all those who, along with the UNHCR, assist and advocate for the rights of refugees and the forcibly displaced. In December of 1950, the establishment of the UNHCR was a preliminary, and necessary, step toward achieving the goal of an effective, although young,
{"title":"A Half-Century of International Refugee Protection: Who's Responsible, What's Ahead","authors":"Bemma Donkoh","doi":"10.15779/Z386H0S","DOIUrl":"https://doi.org/10.15779/Z386H0S","url":null,"abstract":"The dawning of a new century and millennium in the year 2001 roughly coincides with the commemoration of fifty years of responsibility-sharing by States in an international system designed to protect and assist refugees. Toward the end of 2000, we will commemorate the 50th anniversary of the creation of the Office of the United Nations High Commissioner for Refugees (UNHCR). On December 14, 1950, the United Nations General Assembly passed a resolution creating the office of a High Commissioner for Refugees. This position, under the auspices of the United Nations, would provide \"international protection\" to refugees and seek \"permanent solutions\" for the problem of refugees in conjunction with the governments of member states. In the year 2001, we will reach another landmark: 50 years since the adoption of the 1951 Convention Relating to the Status of Refugees. Under different circumstances, the endurance for half a century of an institution in which all the world's States and citizens continue to be stakeholders would have called for a celebration. Why are we not celebrating? It is indicative of the ambivalence with which most people view the refugee issue that the UNHCR, after much internal reflection, has decided that now would not be a good time to \"celebrate.\" Indeed, one doubts whether there could ever be a good time to celebrate such an issue. Instead, a decision was made to focus on the strengths, potential and resilience of refugees as individuals and as communities throughout the world, in order to bring into sharp relief both the plight of refugees and their proximity to the ordinary person in the street. In so doing, the UNHCR hopes also to affirm the morale and value of all those who, along with the UNHCR, assist and advocate for the rights of refugees and the forcibly displaced. In December of 1950, the establishment of the UNHCR was a preliminary, and necessary, step toward achieving the goal of an effective, although young,","PeriodicalId":325917,"journal":{"name":"Berkeley Journal of International Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121672762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Justice, Accountability and Social Reconstruction:An Interview Study of Bosnian Judges and Prosecutors","authors":"Laurel E. Fletcher, H. Weinstein","doi":"10.4324/9781351155526-7","DOIUrl":"https://doi.org/10.4324/9781351155526-7","url":null,"abstract":"Author(s): Fletcher, Laurel; Weinstein, Harvey; Arnaut, Damir; Babcock-Halaholo, Daska; Carlson, Kerstin; Mahle, Anne","PeriodicalId":325917,"journal":{"name":"Berkeley Journal of International Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114083099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
While the recent discovery of Russian money laundering operations in American banks and businesses may have come as a "rude awakening for Americans,"' some experts, more familiar with Russian organized crime, foretold the boom these international criminals would enjoy following the breakup of the Soviet Union: [T]he Iron Curtain ... was a shield for the West. Now we've opened the gates, and this is very dangerous for the rest of the world. America is getting Russian criminals; Europe is getting Russian criminals. They'll steal everything. They'll occupy Europe. Nobody will have the resources to stop them. You people in the West don't know our mafia yet. You will, you will. -Serious Crimes Investigator Boris Uvarov in 19922 Globalization has brought prosperity not only to Russian criminal organizations, but also to all of the major transnational criminal groups around the world. Over the last decade, organized crime groups have significantly advanced in size, sophistication, and degree of transnational activity and cooperation.3 Today's main international criminal organizations are operating with the technology of
{"title":"International Legal Mechanisms for Combating Transnational Organized Crime: The Need for a Multilateral Convention","authors":"C. D. Guymon","doi":"10.15779/Z38GW66","DOIUrl":"https://doi.org/10.15779/Z38GW66","url":null,"abstract":"While the recent discovery of Russian money laundering operations in American banks and businesses may have come as a \"rude awakening for Americans,\"' some experts, more familiar with Russian organized crime, foretold the boom these international criminals would enjoy following the breakup of the Soviet Union: [T]he Iron Curtain ... was a shield for the West. Now we've opened the gates, and this is very dangerous for the rest of the world. America is getting Russian criminals; Europe is getting Russian criminals. They'll steal everything. They'll occupy Europe. Nobody will have the resources to stop them. You people in the West don't know our mafia yet. You will, you will. -Serious Crimes Investigator Boris Uvarov in 19922 Globalization has brought prosperity not only to Russian criminal organizations, but also to all of the major transnational criminal groups around the world. Over the last decade, organized crime groups have significantly advanced in size, sophistication, and degree of transnational activity and cooperation.3 Today's main international criminal organizations are operating with the technology of","PeriodicalId":325917,"journal":{"name":"Berkeley Journal of International Law","volume":"143 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123173833","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper explores current U.S. law regulating the transboundary shipment and export of hazardous waste, under both the Resource Conservation and Recovery Act (RCRA) and applicable treaties. The paper attempts to untangle the overlapping strands of domestic law, including statutes, common law and ratified treaties, in the context of current international agreements. In addition, the paper examines the legal remedies provided by the Alien Tort Claims Act (ATCA) and its potential use by alien plaintiffs harmed by hazardous waste exported in violation of U.S. law or applicable treaties. The central insight of the paper is that the exemptions provided by RCRA, that were designed to encourage recycling and reuse of certain wastes, have created a loophole that allows many types of toxic waste to be exported without any regulation, data collection, or monitoring. Further, these "exempt wastes" are exported without any assurance that the wastes will be recycled or reused, or alternatively, disposed of in environmentally responsible manner. Examples of the kinds of wastes that slip through this loophole include: car batteries that contain corrosive acids and lead; and K061 waste from steel manufacturing that may contain high levels of toxic heavy metals and may be exported for use in fertilizer without regulation. In essence, the current regulatory structure provided by RCRA does not ensure that all domestically generated hazardous waste is recycled, reused or disposed of in an environmentally responsible manner once it crosses the border. The paper next looks at the role of the Organization for Economic Cooperation and Development (OECD) and the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal (Basel). The U.S. is a member of OECD but has not ratified Basel despite the fact that over 120 other counties are parties to the Convention, including Canada, Mexico, and the countries of the European Union. Because current U.S. export practices and regulations are not in compliance with Basel, and OECD rules are less stringent, it is becoming increasingly difficult for those U.S. trading partners who are parties to Basel to comply with the Convention.
{"title":"Cradle to Border: U.S. Hazardous Waste Export Regulations and International Law","authors":"Lisa T. Belenky","doi":"10.15779/Z388D3K","DOIUrl":"https://doi.org/10.15779/Z388D3K","url":null,"abstract":"This paper explores current U.S. law regulating the transboundary shipment and export of hazardous waste, under both the Resource Conservation and Recovery Act (RCRA) and applicable treaties. The paper attempts to untangle the overlapping strands of domestic law, including statutes, common law and ratified treaties, in the context of current international agreements. In addition, the paper examines the legal remedies provided by the Alien Tort Claims Act (ATCA) and its potential use by alien plaintiffs harmed by hazardous waste exported in violation of U.S. law or applicable treaties. The central insight of the paper is that the exemptions provided by RCRA, that were designed to encourage recycling and reuse of certain wastes, have created a loophole that allows many types of toxic waste to be exported without any regulation, data collection, or monitoring. Further, these \"exempt wastes\" are exported without any assurance that the wastes will be recycled or reused, or alternatively, disposed of in environmentally responsible manner. Examples of the kinds of wastes that slip through this loophole include: car batteries that contain corrosive acids and lead; and K061 waste from steel manufacturing that may contain high levels of toxic heavy metals and may be exported for use in fertilizer without regulation. In essence, the current regulatory structure provided by RCRA does not ensure that all domestically generated hazardous waste is recycled, reused or disposed of in an environmentally responsible manner once it crosses the border. The paper next looks at the role of the Organization for Economic Cooperation and Development (OECD) and the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal (Basel). The U.S. is a member of OECD but has not ratified Basel despite the fact that over 120 other counties are parties to the Convention, including Canada, Mexico, and the countries of the European Union. Because current U.S. export practices and regulations are not in compliance with Basel, and OECD rules are less stringent, it is becoming increasingly difficult for those U.S. trading partners who are parties to Basel to comply with the Convention.","PeriodicalId":325917,"journal":{"name":"Berkeley Journal of International Law","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115563693","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A small venture capital industry already exists in South Africa. More than twenty domestic funds are currently listed on the Johannesburg Stock Exchange.' A number of private and government-sponsored foreign funds also operate in the region. The situation therefore, at first glance, appears positive for the development of a large and successful traditional venture capital industry in a developing country which has only recently emerged from a lengthy period of economic isolation. When account is taken of the economic strength of the Johannesburg Stock Exchange (JSE), the sophistication of the financial instruments which are traded, the level of financial, legal, and accounting expertise available, the relatively advanced banking and legal systems which are in place, and the free market economic policies of the South African Government, the outlook for the development of a large and successful traditional venture capital industry cannot appear brighter. Because many of the impediments which characteristically hinder the development of traditional venture capital industries in developing countries are absent, one might be excused for assuming that the probabilities for success in South Africa in this respect are good. But such an assumption does not take account of certain fundamental obstacles which currently prevent the development of a venture capital industry in the traditional sense. These obstacles necessitate that for the medium term South Africa's venture capital industry should not endeavor to follow a traditional venture capital model. It should instead focus its resources on the promotion of the country's small, micro and informal business sectors, which will permit the industry to achieve maximum long term success. The fundamental obstacles hindering the development of a traditional venture capital industry in South Africa can be traced to its social, political and economic policies which, until very recently, have centered around the doctrine of 'apartheid.' It is not intended that this paper will cover in any great detail
{"title":"Epilogue: A South African Perspective","authors":"Saville Aaron Mallach","doi":"10.15779/Z38G352","DOIUrl":"https://doi.org/10.15779/Z38G352","url":null,"abstract":"A small venture capital industry already exists in South Africa. More than twenty domestic funds are currently listed on the Johannesburg Stock Exchange.' A number of private and government-sponsored foreign funds also operate in the region. The situation therefore, at first glance, appears positive for the development of a large and successful traditional venture capital industry in a developing country which has only recently emerged from a lengthy period of economic isolation. When account is taken of the economic strength of the Johannesburg Stock Exchange (JSE), the sophistication of the financial instruments which are traded, the level of financial, legal, and accounting expertise available, the relatively advanced banking and legal systems which are in place, and the free market economic policies of the South African Government, the outlook for the development of a large and successful traditional venture capital industry cannot appear brighter. Because many of the impediments which characteristically hinder the development of traditional venture capital industries in developing countries are absent, one might be excused for assuming that the probabilities for success in South Africa in this respect are good. But such an assumption does not take account of certain fundamental obstacles which currently prevent the development of a venture capital industry in the traditional sense. These obstacles necessitate that for the medium term South Africa's venture capital industry should not endeavor to follow a traditional venture capital model. It should instead focus its resources on the promotion of the country's small, micro and informal business sectors, which will permit the industry to achieve maximum long term success. The fundamental obstacles hindering the development of a traditional venture capital industry in South Africa can be traced to its social, political and economic policies which, until very recently, have centered around the doctrine of 'apartheid.' It is not intended that this paper will cover in any great detail","PeriodicalId":325917,"journal":{"name":"Berkeley Journal of International Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1997-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121802592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Professor Fitzpatrick's essay on "The International Dimension of U.S. Refugee Law" identifies three areas in which U.S. asylum jurisprudence diverges, in her view, from the governing principles of international refugee law on which it is based.1 Her essay begins with an examination of the Supreme Court's progressively narrow application of the international norm of non-refoulement, "whereby no refugee should be forcibly returned to a country where he [or she] fears persecution."2 She then analyzes a number of lower court decisions which severely constrict the concept of persecution as it is understood under international human rights law. Finally, the author presents a solid critique of the Supreme Court's requirement in Elias-Zacarias 3 that the asylum seeker provide proof of the specific motivation of her persecutor as a basis for refugee status. Additionally, Professor Fitzpatrick, in a well-reasoned analysis of four seminal Supreme Court cases and numerous lower court decisions, concludes that a deeper appreciation of human rights norms,4 and greater deference to the United Nations High Commissioner for Refugees' (UNHCR's) interpretation of state
{"title":"Restoring the Humanitarian Character of U.S. Refugee Law Lessons from the International Community","authors":"Jennifer Moore","doi":"10.15779/Z38QM03","DOIUrl":"https://doi.org/10.15779/Z38QM03","url":null,"abstract":"Professor Fitzpatrick's essay on \"The International Dimension of U.S. Refugee Law\" identifies three areas in which U.S. asylum jurisprudence diverges, in her view, from the governing principles of international refugee law on which it is based.1 Her essay begins with an examination of the Supreme Court's progressively narrow application of the international norm of non-refoulement, \"whereby no refugee should be forcibly returned to a country where he [or she] fears persecution.\"2 She then analyzes a number of lower court decisions which severely constrict the concept of persecution as it is understood under international human rights law. Finally, the author presents a solid critique of the Supreme Court's requirement in Elias-Zacarias 3 that the asylum seeker provide proof of the specific motivation of her persecutor as a basis for refugee status. Additionally, Professor Fitzpatrick, in a well-reasoned analysis of four seminal Supreme Court cases and numerous lower court decisions, concludes that a deeper appreciation of human rights norms,4 and greater deference to the United Nations High Commissioner for Refugees' (UNHCR's) interpretation of state","PeriodicalId":325917,"journal":{"name":"Berkeley Journal of International Law","volume":"287 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1997-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132185816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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