U.S. ratification of human rights conventions: the ghost of Senator Bricker
Article Abstract:
The United States should reconsider its practice of attaching a number of reservations, understandings and declarations to its ratification of human rights conventions. The current US policy recalls the efforts of Senator Bricker in the 1950s to prevent accession to human rights treaties related to racial discrimination. The policy of declaring conventions non-self-executing should be discontinued, and other reservations should be limited to those required under the Constitution. The US should also accept the jurisdiction of the International Court of Justice over disputes arising out of human rights conventions.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1995
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Aliens - interdiction of Cubans and Haitians on high seas - rights of Cubans and Haitians in safe haven outside United States
Article Abstract:
The 11th Circuit's 1995 decisions in cases involving Cuban and Haitian refugees, which hold the refugees have no legal rights under either US or international law, fail to address the human rights issues involved. The refugees are protected by international human rights laws such as the Universal Declaration of Human Rights. Since the US had granted safe haven to these refugees, minimal legal protections including equal protection and due process should also be available to them.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1996
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