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Articles 1 - 15 of 15
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The Human Factor: Globalizing Ethical Standards In Drug Trials Through Market Exclusion, Fazal R. Khan
The Human Factor: Globalizing Ethical Standards In Drug Trials Through Market Exclusion, Fazal R. Khan
Fazal Khan
This paper proposes a framework of international soft law and domestic drug regulations to a priori remove incentives for unethical clinical drug research in developing nations. The globalization of drug testing is very problematic from a bioethics perspective. While stringent regulations in the U.S. or E.U. may pose an adequate check on unethical research practices, many multinational corporations are engaging in regulatory arbitrage by outsourcing ethically questionable research to countries with less restrictive regulations. Given the tremendous financial reward a blockbuster therapy might generate, there is a strong incentive to move more research and development to countries with even looser …
Childsoldiers,Slavery, And The Trafficking Of Children, Susan W. Tiefenbrun
Childsoldiers,Slavery, And The Trafficking Of Children, Susan W. Tiefenbrun
Susan W Tiefenbrun
Despite a proliferation of international human rights treaties, labor laws, and humanitarian laws that should provide children with special protection from abduction into child soldiering, the trafficking of children and their use as soldiers is increasing. This paper will examine the relationship of human trafficking, slavery, and child soldiering. Part I will examine the root causes of the development and expansion of child soldiers. Part II will examine the international and domestic laws that protect against the use of children as soldiers. Part III will examine two literary representations of the use of child soldiers and the significant insights such …
Debt To Odious Finance: Avoiding The Externalities Of A Functional Odious Debt Doctrine, Christiana Ochoa
Debt To Odious Finance: Avoiding The Externalities Of A Functional Odious Debt Doctrine, Christiana Ochoa
Christiana Ochoa
Christiana Ochoa* Abstract The Odious Debt Doctrine has limped along in the legal imagination for over 100 years and by some estimates even since Aristotle. In recent years, and particu-larly in recent months, legal theorists and practitioners have attempted to define the contours and details of this controversial and undeveloped doctrine. This Article looks at the generally agreed upon characteristics of the odious debt doctrine and considers the spill-over effects and externalities that would ensue if this doctrine were ever made regularly operative. Many commentators have noted the in-creased costs of borrowing and lending that would result from the doctrine. …
The Unfinished Business Of American Democracy, Ezequiel Lugo
The Unfinished Business Of American Democracy, Ezequiel Lugo
Ezequiel Lugo
For the last two decades, U.S. courts have been using customary international law (CIL) when dealing with human rights claims. Recently, the Supreme Court has used international law to decide cases involving constitutional rights. However, U.S. courts have not used CIL to address the right to vote, one of the most fundamental human rights. This Article surveys evidence of the right to vote as CIL and concludes that the right to vote has become a norm of CIL. It cannot, however, be directly incorporated into U.S. law because of previous judicial decisions. Nevertheless, the U.S. can comply with this norm …
Globalización, Derechos Humanos Y Sociedad De La Información, Teresa M. G. Da Cunha Lopes
Globalización, Derechos Humanos Y Sociedad De La Información, Teresa M. G. Da Cunha Lopes
Teresa M. G. Da Cunha Lopes
Para nadie es ajeno que las nuevas tecnologías, y en especial el internet, en la llamada era de la sociedad de la información, constituyen una de las mayores posibilidades con las que se cuenta actualmente para la adquisición de nuevos conocimientos, contactos personales interactivos como el correo electrónico, el chat, el comercio electrónico, la diversión, los grupos de discusión y las redes sociales.Sin embargo, al lado de las infinitas posibilidades benéficas que la red de redes ofrece, coexisten algunos usos abusivos, inseguros, peligrosos o incluso delictivos que nos plantean nuevos retos a los juristas, acerca de los cuales es posible …
Toward A Substantive Theory Of Equality In Dayton’S Bosnia: Implications For Nations In Transition, Sheri P. Rosenberg
Toward A Substantive Theory Of Equality In Dayton’S Bosnia: Implications For Nations In Transition, Sheri P. Rosenberg
Sheri P. Rosenberg
The value of equality has little currency after genocide and ethnic cleansing. Restoring that value is no easy feat. Paramount, though not singular in this struggle for equality, is the role of the law. A state legitimates its common legal rights and duties through its legal institutions, which define the values and character of the nation. Equality and anti-discrimination jurisprudence is particularly important at the delicate moment of transition from genocide, because it grounds within society the normative shift in principles underlying and legitimating the cultural understanding and relationship to equality. Specifically, this Article addresses the question: what can equality …
The Fall And Rise Of Torture: A Comparative And Historical Analysis, Christopher J. Einolf
The Fall And Rise Of Torture: A Comparative And Historical Analysis, Christopher J. Einolf
Christopher J Einolf
Torture was formally abolished by European governments in the nineteenth century, and the actual practice of torture decreased as well during that period. In the twentieth century, however, torture became much more common. None of the theories that explain the reduction of torture in the nineteenth century can explain its resurgence in the twentieth. This paper argues that the use of torture follows the same patterns in contemporary times as it has in earlier historical periods. Torture is most commonly used against people who are not full members of a society, such as slaves, foreigners, prisoners of war, and members …
Interview With Heitam Maleh, Marcel Stuessi
Interview With Heitam Maleh, Marcel Stuessi
Marcel Stüssi
This is a previously unpublished interview on democracy and religious liberty in Syria.
Transitional Justice And Post-Conflict Israel/Palestine: Assessing The Applicability Of The Truth Commission Paradigm, Ariel Meyerstein
Transitional Justice And Post-Conflict Israel/Palestine: Assessing The Applicability Of The Truth Commission Paradigm, Ariel Meyerstein
Ariel Meyerstein, JD, PhD
This thought experiment examines whether transitional justice has a place in the Israeli-Palestinian post-conflict and, at the same time, what attempting to fit the Israeli-Palestinian conflict into the transitional paradigm can teach us about the limits and possibilities of the transitional justice paradigm. In particular, the Israeli-Palestinian context presents challenging issues regarding the large beneficiary and collaborator classes in both societies. The article concludes by observing that history has proven truth commissions not to be panaceas, but that they offer a limited, inherent “procedural value” to post-conflict societies by instantiating new political dynamics between former political enemies.
Constructing Indigenousness In The Late Modern World, Robert Cribb, Li Narangoa
Constructing Indigenousness In The Late Modern World, Robert Cribb, Li Narangoa
Robert Cribb
Examines changing meanings of the term 'indigenous" in relation to other ideas that have been valued in various (mainly Western) philosophical system, such as priority, attachment to the land, and technical knowledge.
The Insecurity Of Trafficking In International Law, Gregor Noll
The Insecurity Of Trafficking In International Law, Gregor Noll
Gregor Noll
The present chapter inquires into to the definition of trafficking in the 2000 Trafficking Protocol. The concept of trafficking seems to offer a self-evident point of departure to broach inequality and migration in the international domain. It emphasises the inequality between trafficker and the trafficked person, and States task themselves to side with the latter - and weaker - party in that relationship. Other dimensions of inequality, as that between migrants and States, are removed from the limelight of trafficking language. Trafficking of human beings is distinct from human smuggling: while trafficking is about non-consensual and exploitative relations between the …
Intercountry Adoption And Poverty: A Human Rights Analysis, David M. Smolin
Intercountry Adoption And Poverty: A Human Rights Analysis, David M. Smolin
David M. Smolin
This Article explores the question of whether intercountry adoption is an effective, appropriate, or ethical response to poverty in developing nations. As a matter of methodology, this fundamental question of adoption ethics is explored through the lens of international human rights law. This Article specifically argues that, where the birth parents live under or near the international poverty standard of $1 per day, family preservation assistance must be provided or offered as a condition precedent for accepting a relinquishment that would make the child eligible for intercountry adoption.
Database Sui Generis Right: The Need To Take The Public's Right To Information And Freedom Of Expression Into Account, Estelle Derclaye
Database Sui Generis Right: The Need To Take The Public's Right To Information And Freedom Of Expression Into Account, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Modern-Day Slavery And Cultural Bias: Proposals For Reforming The U.S. Visa System For Victims Of International Human Trafficking, Marisa S. Cianciarulo
Modern-Day Slavery And Cultural Bias: Proposals For Reforming The U.S. Visa System For Victims Of International Human Trafficking, Marisa S. Cianciarulo
Marisa S. Cianciarulo
The international trafficking of human beings has emerged as one of the most lucrative and far-reaching industries in the world, second only to trafficking in drugs and tied with trafficking in arms. Many victims of international human trafficking, including teenagers and young children, are forced to work in the sex trade. Others work in areas such as agriculture, restaurants and sweatshops. In 2000, in an effort to combat trafficking and encourage trafficking victims to assist in the prosecution of traffickers, the United States enacted the Victims of Trafficking and Violence Protection Act (VTVPA), which created a new visa, called the …
The Social Security Rights Of Transsexuals Under Eu Law And The, Mel Cousins
The Social Security Rights Of Transsexuals Under Eu Law And The, Mel Cousins
Mel Cousins
The rights of transsexuals have gained important recognition in recent decisions by the European Court of Justice and the European Court of Human Rights. Yet important conceptual issues remained to be clarified as to the precise implications of these decisions for the rights of transsexuals in areas such as social security and pensions entitlement. This article examines two important recent decisions which further develop the Courts’ caselaw. These cases also highlight the developing– and largely complementary - relationship between the two legal orders.