Digital Commons Network^™

Corporate Social Responsibility And Workers’ Rights, Lance A. Compa

Lance A Compa

[Excerpt] Corporate social responsibility (CSR) brings an important dimension to the global economy. CSR can enhance human rights, labor rights, and labor standards in the workplace by joining consumer power and socially responsible business leadership—not just leadership in Nike headquarters in Oregon or Levi Strauss headquarters in California, but leadership in trading house headquarters in Taiwan and Hong Kong, and leadership at the factory level in Dongguan and Shenzhen. Ten years ago, I would not have said this. I viewed corporate social responsibility and corporate codes of conduct as public relations maneuvers to pacify concerned consumers. Behind a facade of …

Human Rights Protection Under The Nigerian Constitution, Ibrahim Sule

Ibrahim Sule

No abstract provided.

Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Developing An Effective Criminal Justice Response To Human Trafficking: Lessons From The Front Line, Anne T. Gallagher, Paul Holmes

Anne T Gallagher

Trafficking in persons now affects all regions and most countries of the world. Over the past decade, there has been increasing acceptance of the need for an effective, internationally coordinated response. However, the practical difficulties in realizing this goal are considerable. No country can yet lay claim to genuine, extensive experience in dealing with trafficking as a criminal phenomenon. Most are developing and adapting their responses on the run, often under strong political pressure, and principally through trial and error. While communication between national agencies on this issue is improving, there is still very little cooperation or cross-fertilization of ideas …

People's Tribunal On Torture Karnataka Report, Saumya Uma

Dr. Saumya Uma

People's Tribunal On Torture Rajasthan Report, Saumya Uma

Dr. Saumya Uma

Refugees-State Responsibility, The Country Of Origin And Human Rights, Dr Nafees Ahmad

Dr Nafees Ahmad

No abstract provided.

People's Tribunal On Torture Tamil Nadu Report, Saumya Uma

Dr. Saumya Uma

Immigration Law: Nowhere To Turn—Illegal Aliens Cannot Use The Freedom Of Information Act As A Discovery Tool To Fight Unfair Removal Hearings, Larry R. Fleurantin

Larry R. Fleurantin

This Article challenges the authority of the Attorney General and the DHS Secretary to withhold information from an alien after a FOIA request under Exemption (b)(5), to use that same withheld information to impeach the alien’s testimony during an individual hearing on the merits, and to use that as grounds for the Immigration Court to deny an applicant’s request for asylum. This Article takes the position that the USCIS needs to change its unfair practice to avoid the harsh and pervasive injustice that aliens facein removal proceedings.

The Organismic State Against Itself: Schelling, Hegel And The Life Of Right, Joshua D. Lambier

Joshua D Lambier

Focusing on the political thought of Schelling and Hegel – beginning with the early texts (1796–1802), then moving briefly to Hegel’s well known Philosophy of Right (1821) – this essay revisits the Romantic-Idealist theory of the organic state by returning to its genesis in the turbulent political, cultural and scientific debates of the post-Revolutionary period. Given the controversial nature of its historical (mis)appropriations, the organic idea of the state has become synonymous with totality and closure. This essay argues, however, that the contemporary rejection of organicism relies on narrow interpretations of Romantic and Idealist notions of organic life, interpretations that …

The Torture Of Sami Al Arian, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia

Saumya Uma

This contains a detailed narrative on the activities undertaken by ICC-India - an anti-impunity campaign on mass crimes and international law, from 2000 to 2007. The publication elaborates the work of the campaign on information dissemination, campaign and advocacy, research and publication, alliance-building and media outreach. It includes 16 pages of colour photographs, as well as illustrations in the form of graphs, tables and maps. Published by Women's Research & Action Group, 2008, English, 90 pages.

Judgments Of The United States Supreme Court And The South African Constitutional Court As A Basis For A Universal Method To Resolve Conflicts Between Fundamental Rights, Daniel H. Erskine

Daniel H. Erskine

This article describes the methods utilized by the United States Supreme Court to resolve specific cases involving conflicts between federal constitutional rights, a federal constitutional right and a state constitutional or statutory right, and an international treaty right and a federal constitutional right. Consideration of particular decisions representative of the manner the Court resolves conflicts between rights in the three typologies described above, illustrates how the Court views such conflicts and the rationales employed to resolve apparent conflicting rights. The rationales used by the United States Supreme Court are compared to the South African Constitutional Court’s decisions in the Soobramoney, …

Transnational Corporations (Tncs) And The Effective Implementation Of Social And Economic Rights: Current And Prospective Avenues, Analia Marsella

Analia Marsella Sende

In this Essay, I explain the role and impact of transnational corporations in the process of development and implementation of economic and social rights at a global scale and identify the solutions that I regard as plausible. I do so from an international human rights perspective that integrates both the legal and non-legal approaches. I concentrate on the international aspects of legalization, adjudication, and policy making. First, I analyze social and economic rights in the current context, the old and most recent understandings, and the challenges posed by the phenomenon of globalization together with the rising of corporations in the …

La Protection Des Données À Caractère Personnel Dans Le Contexte De La Construction En Piliers De L'Union Européenne, Franck Dumortier, Yves Poullet

Franck Dumortier

Dans son arrêt du 30 mai 2006, la Cour de justice des Communautés européennes (CJCE) a annulé la décision de la Commission constatant la protection adéquate des données PNR par les Etats-Unis et la décision du Conseil approuvant la conclusion d'un accord sur leur transfert vers ce pays, estimant que ces décisions n’étaient pas fondées sur une base juridique adéquate.

La question fondamentale posée à la Cour en cette occasion était celle des critères de distinction entre piliers appliqués à la protection des données à caractère personnel. Dans son arrêt, la CJCE à réaffirmé le principe selon lequel c’est bien …

Constituting Vanuatu: Societal, Legal And Local Perspectives, Jackson N. Maogoto, Benedict S

Jackson Nyamuya Maogoto

Governance in Vanuatu has been a source of concern for Australia as it forms part of Australia’s ‘Arc of Instability.’ Vanuatu has adopted a modified Westminster system as the Westminster system and its constitution are often advocated as the model for constitutions and governance around the world. In various former colonies local populations were expected to simply absorb its liberal democratic principles apparently on some assumption that such principles were an innate part of human nature. Most readings of history would come to a different conclusion. Vanuatu illustrates this error and the complexities of a society that create not only …

From Star Wars To Space Wars—The Next Strategic Frontier: Paradigms To Anchor Space Security, Jackson N. Maogoto, Steven Freeland

Jackson Nyamuya Maogoto

Military blueprints by major space-faring powers now encapsulate concepts of ‘space support’ and ‘force enhancement’ which point to a central role of space assets in facilitating military operations while notions of ‘space control’ and ‘force application’ suggest the weaponization of space, and the putative view that space may in the near future be a theatre of military operations. As defence goals increasingly focus on space as the final frontier evident in development of national missile defence systems, anti-satellite weapons and other space-based systems, international peace and security faces a new challenge. Creators of the current legal regime for space failed …

The Private Military Company—Unravelling The Theoretical, Legal & Regulatory Mosaic, Jackson N. Maogoto, Benedict Sheehy

Jackson Nyamuya Maogoto

As an undeclared arm of the state, the PMC is politically expedient having proved to be highly advantageous in certain circumstances when states wish to engage in surreptitious or unpopular violence, yet easy to condemn when states need to gather political capital. In other words, the PMC has become an integral actor in the system of governance at both national and international levels. Such corporations, at least at one level, represent the evolution, globalization, and corporatization of the age-old mercenary trade. The worry, of course, is that they operate without the public scrutiny appropriate for military actors. Indeed, the matter …

Case Note, Supreme Court Of Cyprus, Applications 589/06, 590/06, 591/06, 592/06 And 593/2006, Nikolas Kyriakou

Nikolas Kyriakou

The purpose of the present case note is to present and comment a recent judgment of the Supreme Court of Cyprus, which accepted as a defence to alleged human rights violations, the doctrine of “act of government”.

Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

The focus of this Article shall be upon the Eighth Amendment of the United States Constitution and s. 12 of the Canadian Charter of Rights and Freedoms, both of which prohibit “cruel and unusual punishment”; and their effect on mandatory criminal sentencing (via penal statute) in the two countries. The Article shall begin by briefly explain the differences between the jurisdictional application of criminal justice in the United States and Canada. The Article will next present and explain the American Eighth Amendment approach to the constitutionality of mandatory criminal sentencing and contrast this to the Canadian s. 12 approach to …

Enhancing Community Accountability Of The Security Council Through Pluralistic Structure: The Case Of The 1267 Committee, Machiko Kanetake

Machiko Kanetake

No abstract provided.

Prosecuting Trafficking In Persons: Known Issues, Emerging Responses, Fiona M. David Ms

Fiona David

This paper is the second in a series that examines the different components of the criminal justice response to trafficking in persons. Specifically, this paper seeks to identify some of the practical issues that may affect trafficking prosecutions, such as unclear legal frameworks, the transnational nature of trafficking, and reliance on often traumatised victims as witnesses who may also be unwilling or unable to participate in prosecutions. Proposed strategies to support or improve prosecution practice include legal reform, protection of witnesses and specialist training for prosecution units.

Responding To Potential Employee Misconduct In The Age Of The Whistleblower: Foreseeing And Avoiding Hidden Dangers, Lucian E. Dervan

Lucian E Dervan

The number of law suits brought against corporations in the United States as a result of employee whistleblowers has risen in recent years. There are two predominant reasons for this trend. First, publicity surrounding cases such as Enron in the early 2000s have made employees more sensitive to potential misconduct in the workplace. For instance, a 2007 study found that 56% of employees reported that they had observed conduct that “violated company ethics standards, policy, or the law” in the previous twelve months. Second, employees are now more aware of the role of whistleblowers and are more likely to report …

What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo

Marisa S. Cianciarulo

Sex trafficking has proven particularly immune to attempts to eradicate it. One reason may be that some types of demand will always be illegal and thus always vulnerable to trafficking, such as violent sex or sex with minors. Another reason, however, and the one that is the subject of this article, is the lack of cohesive policy on one of the main issues surrounding trafficking: consent. As discussed below, conflicting perspectives on the nature of consent have impeded the development of effective anti-trafficking efforts. One of the main debates plaguing efforts to eliminate sex trafficking involves the definition of the …

Conceptualizing Complicity In Alien Tort Cases, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

Using International Human Rights Law To Better Protect Victims Of Trafficking: The Prohibitions On Slavery, Servitude, Forced Labour And Debt Bondage, Anne T. Gallagher

Anne T Gallagher

Trafficking was a matter for international human rights law long before it became an issue of migration or of transnational organized crime. However human rights law has not, on balance, been especially useful to victims of trafficking. Rarely are even the most clear-cut and uncontested provisions (e.g. those relating to slavery, debt bondage, forced marriage and forced labor) advanced in relation to a situation of trafficking. When such connections are made, their purpose is often rhetorical and, even when presented by legal scholars, conspicuously lacking in legal justification. While many examples could be cited, one of the most significant relates …

The United Nations, Democracy And Human Rights, Anne T. Gallagher

Anne T Gallagher

No abstract provided.

Communal Crimes Bill, Saumya Uma

Dr. Saumya Uma

This is an alternative draft law on communal violence, drafted by a section of civil society, and submitted to the Indian government in January 2008. It incorporates concepts and standards from international law, and formulates new crimes as well as standards of evidence and procedure.

Asset Freezing, Social Security, And Human Rights, Mel Cousins

Mel Cousins

This case analysis discusses a recent decision of the Court of Appeal concerning restrictions placed on the payment of certain social security benefits in the context of the UN asset freezing regime. The case is an interesting example of the sort of new questions coming before the courts in the post-9 11 world and raises a number of issues worthy of note. In particular, it raises the question of the approach which national and supranational courts should adopt to balancing the implementation of anti-terrorism measures with the upholding of the principles of human rights (and their application in practice).