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December 20, 2018

HRP’s 2017-2018 Annual Report


We are pleased to present HRP’s 2017-2018 Annual Report. The report showcases the global reach and impact of the Human Rights Program in its 34th year, featuring work on populism, armed conflict, and accountability litigation. It spotlights fieldwork undertaken by students and alumni, and details pedagogical innovations and new research.

We thank all of the students, partners, and alumni who made the year so strong.

Click below to open the Annual Report as a flipbook or download the PDF.

 

Best wishes for the holiday season from us all at HRP!

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December 15, 2018

Report: Australia Should Join Nuclear Weapons Ban Treaty

Defense Alliance with US not Legal Bar to Ratifying New Treaty

Parliament House (Canberra, Australia)

(Cambridge, MA, December 14, 2018) – Australia’s alliance with the United States need not stand in the way of Australia joining the 2017 treaty banning nuclear weapons, Harvard Law School’s International Human Rights Clinic said in a report released today.

The Treaty on the Prohibition of Nuclear Weapons (TPNW) would require Australia to end its reliance on US nuclear arms for defense. But it would not undermine the countries’ broader collective security agreement established under the 1951 ANZUS Treaty.

“Australia has long claimed to support nuclear disarmament,” said Bonnie Docherty, lead author of the report and the Clinic’s associate director of armed conflict and civilian protection. “Joining the ban treaty would advance that goal without creating insurmountable legal obstacles to ongoing military relations with the US.”

The 13-page report “Australia and the Treaty on the Prohibition of Nuclear Weapons” explains why Australia can renounce its nuclear defense arrangement with the US (under the so-called “nuclear umbrella”) while maintaining military ties to its ally. The report also shows the compatibility of the treaty with Australia’s disarmament commitments under other treaties and policies.

The Labor Party is expected to discuss the TPNW at its national conference from December 16 to 18, 2018. The conference will provide a forum for Labor to develop a new party platform.  In its last platform, adopted in 2015, the Labor Party called for negotiations of a treaty banning nuclear weapons. Continue Reading…

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December 11, 2018

Salma Waheedi Co-Authors Chapter on Judicial Review in the Context of Constitutional Islam


Salma Waheedi, Clinical Instructor and Lecturer on Law at the International Human Rights Clinic and Associate Director of the Islamic Legal Studies Program: Law and Social Change, has co-authored a book chapter with Kristen A. Stilt, Professor of Law and Director of the Islamic Legal Studies Program, that appeared in the recently-published volume Comparative Judicial Review, edited by Erin F. Delaney and Rosalind Dixon. The chapter, titled “Judicial Review in the Context of Constitutional Islam,” identifies and examines different models of judicial review in countries with constitutional Islam clauses.

The chapter begins by providing a brief background to Islamic law and constitutional design. The authors develop a classificatory scheme that outlines the different institutional design models for constitutional interpretation in Muslim countries.  These include a secular model, an Islamic model, and a hybrid model, with different countries falling along a spectrum of variations. The authors consider several case studies, including Kuwait and Egypt for the secular model, Iran and Saudi Arabia for the Islamic model, and Malaysia, Afghanistan, and Pakistan for the hybrid model. The chapter concludes by highlighting ways in which the political context and certain choices in constitutional drafting can foster one system or another along the spectrum.

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December 10, 2018

Celebrating the Universal Declaration of Human Rights


Today marks the 70th anniversary of the Universal Declaration of Human Rights—a groundbreaking document that established the modern foundation of today’s human rights movement. As we reflect on the movement’s achievements over the last seven decades, we can see the lasting impact of the declaration across laws, theory, and practice, including here at Harvard Law School through the Human Rights Program. Our Program, which is entering its 35th year, commemorates and celebrates the Universal Declaration, and now more than ever, re-affirms its ongoing importance to equality and justice for all people.

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