Humanitarian/Human Rights Law

Thank you to Martha Nussbaum, the Chicago Journal of International Law editors and staff, and Jennie Choi.

This paper was prepared for the “International Law as Behavior” Conference organized by the American Society of International Law and the University of Georgia School of Law. I would like to thank participants in that conference and Katherina Linos for helpful comments. I would also like to thank Vera Shikhelman and Katie Bass for research assistance, and the Baker Scholars Fund at the University of Chicago Law School for financial support.

The author wishes to thank Jenny Martinez, Robert MacCoun, Mariano-Florentino Cuellar, Mike Tomz, Lee Ross, Dan Ho, Beth Van-Schaack, Gabriella Blum, Beth Simmons, Paul Sniderman, Allen Winer, Charles Perrow, Karl Eikenberry, Bernadette Meyler, David Sloss, and Alison Renteln for their thoughtful comments, suggestions, and advice. The article benefitted greatly from the thoughtful editing of Katharine Wies and the editorial team of the Chicago Journal of International Law. I am also grateful for the comments I received from the participants of the 2016 Empirical Legal Studies Conference, Duke University; 2016 American Society of International Law (ASIL) Annual Meeting ‘New Voices’ panel, Washington, DC; the 2016 Harvard Experimental Political Science Conference, Harvard University; and the 2014 Northern California International Law Scholars Workshop, U.C. Hastings. This research project was made possible thanks to the generous financial support of the Christiana Shi Stanford Interdisciplinary Award in International Studies (SIGF), the Stanford Laboratory for the Study of American Values (SLAV), the CISAC Zuckerman research grant, and the Freeman Spogli Institute Research Grant.

The author of this student Comment is a ciswoman and welcomes critiques and comments she may not have investigated. She would also like to thank the CJIL staff, Professor Abebe, and Professor Citro for their perceptive feedback and suggestions.

J.D. Candidate, 2017, The University of Chicago Law School. I would like to thank Professor Flores and the editors of the Chicago Journal of International Law for their assistance and helpful suggestions.

I would like to thank my comments advisor, Bette Muirhead, my editors, Kevin Oliver and Katie Bass, my faculty advisor, Lior Strahilevitz, and the rest of the CJIL staff. Special thanks to my family (dogs included) for their support.  

Professor Yamin is a Lecturer on Law and Global Health, Director JD MPH Program, and Policy Director, FXB Center for Health and Human Rights, Harvard University; and 2015–16 Marsha Lilien Gladstein Visiting Professor of Human Rights, University of Connecticut. Professor Yamin currently serves as: a Commissioner on the Lancet-O’Neill Institute Commission on Global Health and the Law; the UN High-Level Commission on Health Employment and Economic Growth’s Expert Group and the Independent Accountability Panel for the UN Secretary’s General’s Global Strategy for Women’s, Children’s, and Adolescents’ Health. Previously, she served on the WHO Task Forces on 'Making Fair Choices Toward UHC,' and ‘Evidence of Impacts of Human Rights-Based Approaches to Women's and Children's Health,’ as well as the Oversight Committee of Kenya’s Constitutional Implementation Commission’s work on the right to health, and as an Independent Expert to the Colombian Constitutional Court on the Implementation of its 2008 T-760/08 decision restructuring the health system. She regularly leads judicial colloquia and strategic litigation courses for practitioners, advises on specific cases, submits amicus curiae petitions and participates in expert consultations relating to the application of international and constitutional law to health issues. Professor Duger is an adjunct lecturer on international human rights law at Northeastern University School of Law and on a human rights-based approach to development in the Sustainable International Development Program at Brandeis University. She is a former Research Associate at the FXB Center for Health and Human Rights at Harvard University.