Digital Commons Network^™

“Aspectos Jurídicos Del Delito De Trata De Personas En Colombia: Aportes Desde El Derecho Internacional, Derecho Penal Y Las Organizaciones No Gubernamentales”, Andres Barreto, Beatriz Londoño, Antonio Varon, Andrea Mateus

Andres Barreto

La preocupación por el fenómeno de la trata de personas en el escenario internacional ha sido una constante para los Estados desde mediados del siglo XIX. En Colombia la legislación que condena el delito empezó su recorrido desde el Código Penal de 1980, en donde se castigaba con penas de prisión de 2 a 6 años a todo aquel que promoviere la entrada o salida del país de mujer o menor de edad para ejercer la prostitución. Sin embargo, la complejidad de las redes criminales de este crimen transnacional empezó a evidenciar que la trata no solo se cometía sobre …

The Local Is Global: Broker For Human Rights “Florence Kitchelt, Connecticut Peace Activist And Feminist,” 1920-1961, Danelle L. Moon

Danelle L. Moon

In this paper, I will explore the role of local peace activist and feminist, Florence Ledyard Kitchelt (1874-1961) in supporting social justice, equality, and world peace. In 1924 Kitchelt accepted a paid position with the Connecticut League of Nation’s Association (CLNA), and for nearly twenty years she served as secretary and director of the organization. Working through the CLNA she canvassed the state promoting peace education and to building support for the League of Nations and the World Court. In 1925 she traveled to Geneva to study the League of Nations and attended the Assembly. Between the wars she worked …

The Principle Of Proportionality: Its Dimensions And Limits, Juan Cianciardo

Juan Cianciardo

The purpose of the present paper can be synthesized in the following points: a) to expose the concept of the principle of proportionality in its broadest sense and its different components or dimensions; b) to draw the attention on an approach which is usually not studied by authors, that is, the fact that the application of the principle is not enough to guarantee the supremacy of the human rights, at least in some cases; c) lastly, to point out those requirements that could protect proportionality from the risk mentioned in b).

On The Constitutionalisation Of The Convention: The European Court Of Human Rights As A Constitutional Court, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Power And Perception: The Special Tribunal For Lebanon, Melia Amal Bouhabib

Melia Amal Bouhabib

On March 1, 2009, the long-anticipated Special Tribunal for Lebanon finally opened its doors. The STL has been hailed as a triumph against impunity and “a decisive milestone” in the quest for justice. Nonetheless, the Tribunal has been fraught with complications since the outset and faces significant challenges as it forges ahead. The use of Chapter VII powers to impose the Tribunal coupled with an exceedingly narrow mandate relying solely on domestic law, has led to criticisms that the Tribunal is impartial, and at the worst, illegal. Moreover, with a contentious history of U.N. involvement, including an extensive and controversial …

The Fork In The Road After Strasbourg: Effective Remedy Or Moral Victory?, Riccardo De Caria

Riccardo de Caria

The article deals with the enforcement of judgments of the European Court of Human Rights in domestic systems, particularly focusing on the Italian law. After a historical background on European integration and Italy’s leadership role in this process (§ 1), it considers the main provision governing the matter, Art. 46 of the European Convention on Human Rights (that provides for the duty to “abide by the final judgment of the Court”), showing how the way this provision is construed influences European integration (§ 2). Next, the article considers Italy, that – unlike other States – has never allowed any form …

The Fork In The Road After Strasbourg: Effective Remedy Or Moral Victory?, Riccardo De Caria

Riccardo de Caria

The article deals with the enforcement of judgments of the European Court of Human Rights in domestic systems, particularly focusing on the Italian law. It starts with a historical background on European integration, highlighting the leadership role played by Italy in this process (§ 1). It then considers the main provision governing the matter, namely Art. 46 of the European Convention on Human Rights, that provides for the duty to “abide by the final judgment of the Court”, and shows how the way this provision is construed influences European integration (§ 2). After that, the article considers the Italian approach. …

Notice Otherwise Given: Will In Absentia Trials At The Special Tribunal For Lebanon Violate Human Rights?, Chris Jenks

Chris Jenks

On March 1, 2009, the Special Tribunal for Lebanon (STL) commenced operations in the Netherlands. The mandate of the STL is to try those allegedly responsible for the 2005 bombing in Beirut which killed former Lebanese Prime Minister Rafiq Hariri. A collaborative effort between Lebanon and the United Nations, the STL is to be of “international character based on the highest standards of justice.” However, the STL’s in absentia trial provisions are based on a far different, and lower, standard. This article posits that the STL’s in absentia trial provisions violate human rights norms, indeed the U.N. expressly rejected such …

What's So Special About Transitional Justice? Prolegomenon For An Excuse-Centered Approach To Transitional Justice, David C. Gray

David C. Gray

No abstract provided.

Trade’S Hidden Costs: Worker Rights In A Changing World Economy, John Cavanagh, Lance Compa, Allan Ebert, Bill Goold, Kathy Selvaggio, Tim Shorrock

Lance A Compa

[Excerpt] For decades, the U.S. foreign assistance program has sought with limited results to further economic development and growth in Third World countries. We have witnessed some countries making real progress toward development through industrialization, only to find more of their people trapped in hunger and poverty. Hopefully, it is apparent that for development to be effective, it must benefit the broadest sectors of the population within any society. Why are worker rights crucial to the development process? The capacity to form unions and to bargain collectively to achieve higher wages and safer working conditions is essential to the overall …

Notice Otherwise Given: Will In Absentia Trials At The Special Tribunal For Lebanon Violate Human Rights?, Chris Jenks

Chris Jenks

On March 1, 2009, the Special Tribunal for Lebanon (STL) commenced operations in the Netherlands. The mandate of the STL is to try those allegedly responsible for the 2005 bombing in Beirut which killed former Lebanese Prime Minister Rafiq Hariri. A collaborative effort between Lebanon and the United Nations, the STL is to be of “international character based on the highest standards of justice.” However, the STL’s in absentia trial provisions are based on a far different, and lower, standard. This article posits that the STL’s in absentia trial provisions violate human rights norms, indeed the U.N. expressly rejected such …

Should Labor Defend Worker Rights As Human Rights? A Debate, Jay Youngdahl, Lance A. Compa

Lance A Compa

The authors debate the relative merits and drawbacks of defining the labor movement under the umbrella of human rights, and the virtues of the rights of the individual versus the solidarity of the community.

Public Health And The Rights Of States, András Miklós

Andras Miklos

When exercising their public health powers, states claim various rights against their subjects and aliens. The paper considers whether public health considerations can help justify some of these rights, and explores some constraints on the justificatory force of public health considerations. I outline two arguments about the moral grounds for states’ rights with regard to public health. The principle of fairness emphasizes that those who benefit from public health measures ought to contribute their fair share in upholding them. Alternatively, states’ rights might be justified by a natural duty of justice to uphold and not to obstruct institutions implementing public …

A Few Random Thoughts About Socio-Economic "Rights" In The United States In Light Of The 2008 Financial Meltdown, Taunya Lovell Banks

Taunya Lovell Banks

Socio-economic rights, first articulated in the Universal Declaration of Human Rights (UDHR) sixty years ago, are regaining currency. Legal practitioners around the world, emboldened by emerging constitutional democracies in Eastern Europe and South Africa that constitutionalized socio-economic rights, are actively seeking to enforce these rights. The UDHR “reaffirim[ed] faith in fundamental human rights, in the dignity and worth of the human person,” and served as the basis for the International Covenant on Economic, Social and Cultural Rights (ICESCR). Among those rights included in the Covenant are housing, food, and healthcare.

Prosecuting And Adjudicating Trafficking In Persons Cases In Australia: Obstacles And Opportunities, Anne T. Gallagher

Anne T Gallagher

No abstract provided.

Will Charter 08 Follow The Same Trajectory As Charter 77?, Anne Marie Morris

Anne Marie Morris

Charter 77 is viewed as a if not the predominant impetus for the dramatic shift from a communist authoritarian system to a democratic society in Czechoslovakia. With explicit reference to Charter 77 and the obvious namesake parallel, Charter 08 was published by a group of Chinese intellectuals and political leaders in December 2008, calling for reform of essential features of the Chinese political and legal system.

The question now is whether Charter 08 can and will set China on a similar trajectory as the path set for Czechoslovakia by Charter 77. Part I of this article will describe the history …

Unpackaging Human Rights: Concepts, Campaigns & Concerns, Saumya Uma

Dr. Saumya Uma

Growing Political Will From The Grassroots: How Social Movement Principles Can Reverse The Dismal Legacy Of Rule Of Law Interventions, Fran Quigley

Fran Quigley

The international community’s efforts to promote the rule of law and human rights in developing countries have been largely unsuccessful, a record of disappointment typically attributed to a lack of political will for reform in the host societies. As a result, an estimated four billion people worldwide are without access to human rights associated with the rule of law, and suffer without recourse from discrimination, theft, and physical and emotional harm.

It is time for rule of law promoters to draw upon the lessons of social science, particularly the study of social movements. This article represents the first effort to …

Stop Sending Mixed Signals To General Pinochet, Lance A. Compa

Lance A Compa

[Excerpt] We should not apologize for U.S. enforcement of the new labor rights laws against Chile. Critics have attacked them as "backdoor protectionism" aimed at keeping out foreign products. U.S. unionists, though, report a genuine enthusiasm among their rank-and-file members, not for the prospect of shutting out foreign goods but the hope of better pay and working conditions for their foreign counterparts.

Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss

Marley S. Weiss

No abstract provided.

Keeping Track Of Things, John Purvis, K. Michael

Associate Professor Katina Michael

No abstract provided.

The Expanding Use Of The Alien Tort Statute In International Human Rights Enforcement, Richard O. Faulk

Richard Faulk

This article examines the historical foundations of the ATS, the complexities of its recent interpretations. It then weighs the utility of the Act as a means for enforcing international human rights in the courts, and examines the risks posed by current trends to those who increasingly pursue international business opportunities. As will be seen, the boundaries of the ATS are inadequately defined, and there are dangerous opportunities for common law mischief and abuse. Precautions are obviously necessary, and the trend toward internationalism in United States jurisprudence suggests that even greater risks lie ahead.

Climate Change And Human Rights Law, John H. Knox

John H Knox

In recent years, it has become clear that climate change is an enormous threat to the human rights of people all over the planet, from Inuit in the Arctic forced to relocate homes built on melting permafrost, to residents of the Maldives in the Indian Ocean facing the prospect of losing their islands to rising sea levels. It is much less clear, however, what duties international human rights law places on states to address the effects of climate change on human rights. This article seeks to identify those duties and provide a framework for further clarification of them.

The Deportation Of Migrant Workers From Israel: Theory, Policy And The Law, Yossi Dahan

Yossi Dahan

This essay proposes a theoretical framework for understanding the deportation of tens of thousands of migrant workers from Israel between the years 1995 and 2005. To this end, it examines Israeli deportation policy based, inter alia, on an empirical study of hundreds of deportation cases litigated in the courts between 2001 and 2005. This examination demonstrates that the deportation campaign was designed to achieve two parallel goals: to lower labor costs by creating a large class of indentured workers through what has been referred to as the “binding arrangement” (a neo-liberal goal) and to deny the grant of civic status …

Seceding In The 21st Century: A Paradigm For The Ages, Robert Trisotto

Robert Trisotto

No abstract provided.

International Arbitrary Arbitrator In Cas: An Uphill Battle Against Sports Organizations’ Corruption, Jae Soog Lee

Jae Soog Lee

No abstract provided.

Human Rights And Genocide: The Work Of Lauterpacht And Lemkin In Modern International Law, Part I, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

2008 marked the sixtieth anniversary of the adoption of the Genocide Convention and Universal Declaration of Human Rights by the UN General Assembly. These two instruments adopted and proclaimed by then newly formed world body on successive days, 9 and 10 December 1948 respectively, represent two sides of one coin. Born of the horrors of the 1930s and 40s, the United Nations Charter speaks of human rights and to the importance of the rule of law. The Genocide Convention and UDHR are integral to the pursuit of these aims.

The work of two international lawyers, Hersch Lauterpacht and Raphael Lemkin, …

Intellectual Property Rights And The Right To Participate In Cultural Life, Molly Land

Molly K. Land

Although many contend that human rights law is a justification for intellectual property rights, precisely the opposite is true. Human rights law is far more a limit on intellectual property rights than a rationale for such regimes. In a variety of ways, human rights law requires states to take specific, concrete steps to limit the effects of intellectual property rights in order to protect international human rights. This powerful and emancipatory dimension of human rights law has unfortunately been overshadowed by those who claim human rights as a basis for granting exclusive rights.

The U.N. Committee on Economic, Social, and …

Networked Activism, Molly Land

Molly K. Land

The same technologies that groups of ordinary citizens are using to write operating systems and encyclopedias are fostering a quiet revolution in another area – human rights advocacy. On websites such as Avaaz.org and Wikipedia, ordinary citizens are reporting on human rights violations and organizing email writing campaigns, activities formerly the prerogative of professionals. The involvement of amateurs has been heralded as revolutionizing a variety of industries, from journalism to photography. This article asks whether it has the potential to make human rights organizations irrelevant.

In contrast to much of the recent literature, this article provides a decidedly more skeptical …

Peer Producing Human Rights, Molly Land

Molly K. Land

Can there be a Wikipedia for human rights? The growth of collaborative technologies has spurred the development of projects such as Wikipedia, in which large groups of volunteers contribute to production in a decentralized and open format. The author analyzes how these methods of peer-based production can be applied to advance international human rights as well as the limitations of such a model in this field. An underlying characteristic of peer-based production, amateurism, increases capacity and participation. However, the involvement of ordinary individuals in the production of human rights reporting is also its greatest disadvantage, since human rights reports generated …