Current Search:  human rights law (x)

View All Items

  • CSV Spreadsheet
(1 - 2 of 2)
EXAMINING THE LEGALITY OF THE GUANT�NAMO BAY DETENTION CENTER ACCORDING TO INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW
Title
EXAMINING THE LEGALITY OF THE GUANT�NAMO BAY DETENTION CENTER ACCORDING TO INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW.
Creator
Winchester, Sydney T, Bledsoe, Robert, University of Central Florida
Abstract / Description
The purpose of this research paper is to examine how international humanitarian law (IHL) and international human rights law (IHRL) are applied to the Guanta?namo Bay detention center. This paper was completed through the research of international treaties, court cases, and secondary sources that thoroughly discussed issues pertaining to Guanta?namo and international law. This paper first examines the differences between the two laws by looking at the particular roles each is meant to play in...
Show moreThe purpose of this research paper is to examine how international humanitarian law (IHL) and international human rights law (IHRL) are applied to the Guanta?namo Bay detention center. This paper was completed through the research of international treaties, court cases, and secondary sources that thoroughly discussed issues pertaining to Guanta?namo and international law. This paper first examines the differences between the two laws by looking at the particular roles each is meant to play in the subject of international law, as well as how the two have been applied thus far to the situation at Guanta?namo. Second, the paper discusses the topic of whether or not IHL and IHRL should be mutually exclusive, or can be interpreted alongside each other. In addition, a discussion of the opposing viewpoints on this topic will be presented including the United States argument of lex specialis, and the opposing arguments of the international community. Chapter three will cover the topic of extraterritorial application and how it affects the international treaties and court cases that deal with issues pertinent to Guanta?namo. The fourth chapter discusses the effects that Guanta?namo has on the reputation of the United States internationally, and how it affects human rights around the world. Chapter five discusses possible recommendations in order to achieve the long-term goal of ending the Guantanamo Bay controversy, and protecting and promoting human rights everywhere.
Show less
Date Issued
2016
Identifier
CFH2000134, ucf:45952
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH2000134
ALIEN TORT STATUTE: A DISCUSSION AND ANALYSIS OF THE HISTORY, EVOLUTION, AND FUTURE
Title
ALIEN TORT STATUTE: A DISCUSSION AND ANALYSIS OF THE HISTORY, EVOLUTION, AND FUTURE.
Creator
Yodlowski, Shane, Naccarato-Fromang, Gina, University of Central Florida
Abstract / Description
The Alien Tort Statute is a short, thirty-two word section of the United States Code enacted in 1789 as part of the Judiciary Act. The Alien Tort Statute, or ATS, has an uncertain and controversial beginning and remains controversial in current jurisprudence. The ATS reads as follows: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." It is my intent for this...
Show moreThe Alien Tort Statute is a short, thirty-two word section of the United States Code enacted in 1789 as part of the Judiciary Act. The Alien Tort Statute, or ATS, has an uncertain and controversial beginning and remains controversial in current jurisprudence. The ATS reads as follows: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." It is my intent for this thesis to be an academic discussion of the mysterious history, intent, and court cases that have evolved the ATS; and the way in which the evolution took place. Having lain dormant for almost two decades, it is important to understand how the ATS was finally utilized and how this affected the statutes' ability to become a tool for human rights persecution abroad; until the decision in Kiobel v. Royal Dutch Petroleum. Examining the language of two opinions by the District Court of the Second Circuit and the Supreme Court in Kiobel we will be able to understand, but reject, the arguments of both these courts.
Show less
Date Issued
2014
Identifier
CFH0004615, ucf:45293
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004615