Digital Commons Network^™

Foreign Investment-Induced Migration In Colombia: Rethinking The Legal Schemes Of Protection And Accountability, Marco A. Velásquez-Ruiz

Marco A. Velásquez-Ruiz

This paper intends to explore the relation between foreign investment and forced Migration in the context of Colombian armed conflict. Through the illustration of recent cases, it shows the various forms in which the operation of multinational corporations has generated adverse effects to the vulnerable communities located at their area of influence, thus generating processes of involuntary human mobility. In that way, it is established that there is a symbiotic relation between conflict and development, affecting the structure and scope of the norms for both the protection of forced migrants and accountability for human rights violations. This is so because …

Global Poverty And The Right To Development In International Law, Patrick Macklem

Patrick Macklem

This Article advances an account of the right to development as a legal instrument that holds the international legal order accountable for its role in the production and reproduction of global poverty. It first distinguishes moral conceptions of human rights, as instruments that protect universal features of humanity, from legal conceptions, which tie their existence to their specification in international instruments promulgated in compliance with international legal norms governing the creation of legal rights and obligations. Despite textual ambiguities in the various instruments in which it finds expression, the right to development vests in individuals and communities who have yet …

'Rogue States' Within American Borders: Remedying State Noncompliance With The International Covenant On Civil And Political Rights, Margaret S. Thomas

Margaret S. Thomas

Nearly a decade after the United States ratified the International Covenant on Civil and Political Rights, the treaty's implementation is incomplete. A complex maze of reservations, understandings, and declarations has hindered domestic implementation, as has Congress 's failure to pass national implementing legislation. Almost every state in the Union has laws that violate the Covenant. For example, the treaty requires that in criminal matters, juveniles must be tried in a manner that takes account of their age. Nevertheless, California and many other states frequently treat minors as adults in such matters. Because the Senate declared the treaty to be non-self-executing, …

Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate

Winifred L. Tate

Explicitly prohibiting US military counternarcotics assistance to foreign military units facing credible allegations of abuses, Leahy Law creation and implementation illuminates the epistemological challenges of knowledge production about violence in the policy process. First passed in 1997, the law emerged from strategic alliances between elite NGO advocates, grassroots activists and critically located Congressional aides in response to the perceived inability of Congress to act on human rights information. I explore the resulting transformation of aid delivery: rather than suspend aid when no “clean” units could be found, US officials convinced their Colombian allies to create new units consisting of vetted …

Migration, Human Rights And Development: A Global Anthology, Anne T. Gallagher Ao

Anne T Gallagher

Migration, Human Rights, and Development presents a unique collection of important, accessible, and sometimes provocative writing in the area of migration—with a particular focus on the human rights and development aspects of modern migration trends and responses. A detailed introduction by the editor is followed by four thematic sections that address: (i) the relationship and connections between human rights, migration, and development; (ii) key issues in migration and development, including impacts on source and destination countries, social costs, and the role of remittances; (iii) key issues in migration and human rights: the legal and policy frameworks and the rights of …

Imfing With Your Economic Rights: The Greek Tragedy Of The Eurozone, James C. Brady

James C Brady

While international human rights law promulgates that economic, social and cultural rights (economic rights) be supported just as fervently as civil and political rights, the reality is, they are not. The Greek debt crisis and resulting austerity measures demonstrate how a growing world economy is having an increasingly large impact on economic rights. States treat economic rights obligations similar to how businesses treat risk – that is, states seek to reduce their obligations like businesses seek to reduce their risk. As a result, economic rights remain second fiddle to their civil/political counterpart and a victim of supranational monetary monoliths like …

‘Settling Accounts’ Revisited: Reconciling Global Norms With Local Agency, Diane F. Orentlicher

Diane Orentlicher

In the mid- to late-1980s, the discourse of transitional justice was shaped above all by the experience of countries in Latin America, where military forces continued to exercise autonomous power even after ceding formal authority to democratically elected governments. In this setting, while human rights professionals agreed that fledgling democracies should undertake prosecutions in accordance with their international legal obligations, they were divided over the question of whether further development of international obligations in respect of punishment was desirable. Nor was it clear what, precisely, international law already required. Writing in the early 1990s, the author of this essay concluded …

Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims' Representatives., David C. Baluarte

David Baluarte

No abstract provided.

Sexual Violence Against Men And Women In War: A Masculinities Approach, Valorie K. Vojdik

Valorie K. Vojdik

No abstract provided.

South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker

Rachael Whitaker

South Dakota- Making Dollars and Sense of Indian Child Removal By: Rachael Whitaker In 2004, a South Dakota Governor’s Commission report adamantly denied claims that the state’s Department of Social Services (DSS) is “harvesting Indian children as a cash crop” and “runs nothing more than a state sponsored kidnapping program.” National Public Radio (NPR) broke a story in 2011, claiming South Dakota removed Indian children for profit. Since NPR’s report, the state has remained tight-lipped, advocates have threatened litigation, and Congress has asked for answers. South Dakota has a small population and economy, and it receives almost half of its …

Global Private Regulation, Global Finance And The Future Of Corporate Human Rights Accountability, Ariel Meyerstein

Ariel Meyerstein, JD, PhD

The large industrial footprints of large-scale infrastructure projects often impose a variety of environmental and social harms on local, marginalized (often indigenous) populations, many of whom, particularly in countries with weak regulatory capacity, have very little political voice in the project approval process. In 2003, responding to pressure from transnational activists and the changing norms and practices of development finance institutions such as the World Bank, some of the largest commercial banks in the world created a global private regulatory regime—the Equator Principles (“EPs”)—to standardize their environmental and social risk review of their investments in these projects. This Article contextualizes …

Introduction: Framing Economic, Social, And Cultural Rights, Martha F. Davis

Martha F. Davis

This paper introduces a Symposium issue of the Northeastern University Law Journal devoted to Framing Economic, Social and Cultural Rights for Mobilization and Advocacy: Towards a Strategic Agenda in the United States. Papers in this Symposium issue include Redemptive and Rejectionist Frames: Framing Economic, Social and Cultural Rights for Advocacy and Mobilization in the United States, by Katherine G. Young; The 99% Solution: Human Rights and Economic Justice in the United States, by Dorothy Q. Thomas; Economic and Social Rights in the United States: Implementation Without Ratification, by Gillian MacNaughton and Mariah McGill; Framing Economic, Social and Cultural Rights at …

Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl

Mark A. Drumbl

No abstract provided.

Do International Freedom Of Association Standards Apply To Public Sector Labor Relations In The United States?, Lance A. Compa

Lance A Compa

[Excerpt] After November 2010 elections in the United States, human rights aspects of labor policy suddenly emerged at sub-federal levels. Elections in many states brought a sharp turn to conservative Republican rule. In this new climate, conflicts over workers’ rights took shape not at the ozone layer of high international policy, but at the oozing landfill level of local labor politics. Governors and legislatures in Wisconsin, Ohio, Florida, Michigan, and other states moved to strip public employees of collective bargaining rights, blaming their wages and benefits for budget shortfalls. A vindictive North Carolina legislature made it unlawful for public school …

Global Governance Of Health: Conference Report, Scott Burris, Leo Beletsky

Leo Beletsky

“Governance” is the management of events in a social system. “Good governance” in global health requires institutions capable of effectively delivering health goods, and mechanisms of participation and accountability that maximize the extent to which stakeholders at all levels can shape both the ends and the means of health programs. The OSI Seminar on the Global Governance of Health brought together 40 global thinkers and leaders in public health, health services delivery, health policy, and academia for two days of intensive discussion of the current state of health governance, followed by two days of collaborative brainstorming on new initiatives in …

Teacher Experiences Of Disciplinary Measures In Tanzania Adventist Secondary School: A Case Study, Mussa Muneja

Mussa Muneja

The debate whether to use caning or not as a form of disciplinary measures in Tanzania and many other parts of the world is still alive. Based on this premise this study undertook a case study approach in order to describe and explain patterns related to disciplinary measures; To identify relationships of learning and disciplinary measures; To assess the implementation of the national policy of disciplinary measures; To propose opportunities for change. The data was gathered through face to face interviews where six secondary school teachers were involved. Although the number of participants appear to be small, but this is …

Super-Intermediaries, Code, Human Rights, Ira Nathenson

Ira Steven Nathenson

We live in an age of intermediated network communications. Although the internet includes many intermediaries, some stand heads and shoulders above the rest. This article examines some of the responsibilities of “Super-Intermediaries” such as YouTube, Twitter, and Facebook, intermediaries that have tremendous power over their users’ human rights. After considering the controversy arising from the incendiary YouTube video Innocence of Muslims, the article suggests that Super-Intermediaries face a difficult and likely impossible mission of fully servicing the broad tapestry of human rights contained in the International Bill of Human Rights. The article further considers how intermediary content-control procedures focus too …

Вклад Л.Д. Брандайза В Развитие Конституционного Права Соединенных Штатов Америки, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

Article is devoted to the research of the constituion-legal concept by Louis Brandeis — a famous American lawyer, Associate Justice of the Supreme Court of the USA. He is considered as one of four greatest judges XX cent. L.Brandeis was possible to become successful in upholding social and labour law of working people. «Brandeis Brief» became an essential contribution to the Procedural law of the USA. Brandeis was a supporter of the "Living Constitution» concept that is based on the idea of social evolutions in the Legal system and the Organic law.

The Cultural Sociology Of Human Rights, Mark D. Jacobs, Lester R. Kurtz

Lester R. Kurtz

These cases of China, Occupy, and Gandhi suggest the value of the sociology of culture for understanding human rights. Since human rights is a cultural construct, human rights issues are in-flected by the same set of semantic tensions as the culture concept itself. The sociology of culture thus recommends a method for studying human rights: to explicate--indeed, to weave into an exegetical deep structure--those various tensions. This helps to see beneath the distortions that power and other forms of domination introduce into the discourse of human rights, and to recognize the full multiplicity of interests and voices.

Linking International Investment Agreements And Corporate Social Responsibility: Challenges And Opportunities In The Grounds Of Corporate Governance, Marco A. Velásquez-Ruiz

Marco A. Velásquez-Ruiz

Considering the intention of introducing a dialogue on the possible interconnections between Foreign Investment Law and Corporate Governance, the purpose of this paper is to present some ideas on the International Investment Agreements likelihood to make Corporate Social Responsibility compromises more robust by including specific provisions on the matter. More specifically, it is intended to understand the ways on which Investment Law –and more specifically International Investment Agreements– influences the structure and dynamics of Corporate Governance, so as to assess whether the inclusion of Corporate Social Responsibility on the abovementioned legal instruments might influence the conduct of Multinational Corporations.

Freedom From Food: On The Need To Restore Fdr’S Vision Of Economic Rights In America, And How It Can Be Done, Evgeny Krasnov

Evgeny Krasnov

Within the U.S. policy discourse, it has long been taken for granted that the body of human rights law does not—and should not—include economic rights, which include the right to adequate food, shelter, and health care. This is an irony of history, since the origins of modern-day economic rights law lie in the policies advocated by the U.S. President Franklin Delano Roosevelt.

This Article argues that (1) the common justifications for neglecting economic rights are not sound; (2) there is a pressing need to recognize economic rights in the United States; and (3) the best way to do so is …

Ending Judgment Arbitrage: Jurisdictional Competition And The Enforcement Of Foreign Money Judgments In The United States, Gregory Shill

Gregory Shill

Recent multi-billion-dollar damage awards issued by foreign courts against large American companies have focused attention on the once-obscure, patchwork system of enforcing foreign-country judgments in the United States. That system’s structural problems are even more serious than its critics have charged. However, the leading proposals for reform overlook the positive potential embedded in its design.

In the United States, no treaty or federal law controls the domestication of foreign judgments; the process is instead governed by state law. Although they are often conflated in practice, the procedure consists of two formally and conceptually distinct stages: foreign judgments must first be …

What Is The Primary Right?, Carter Dillard

Carter Dillard

This essay develops a new human right derived from both domestic substantive due process and international political exit right doctrines, called the primary right, which is best described as a general human claim-right of reasonable access to wilderness. It is a first generation human rights approach to environmental protection, positing a “nonhuman” baseline environment which is a necessary condition for persons to a) be “let alone” by others, and b) withdraw consent to political association and exit any, and therefore all, polities.

Knowledge, Attitudes And Perceptions Of Immigrants From Third Countries In Cyprus, On Hiv/Aids And Sexual And Reproductive Health. The Implication Of Nursing Ethics To Healthcare, Christiana Kouta, Constantinos Phellas, Charis P. Kaite

Charis P. Kaite

Background: Cultural, social policy and legal factors contribute to HIV vulnerability amongst ethnic minorities. Insufficient knowledge on HIV transmission and prevention contributes in engaging in risky sexual behaviours that increase the risk of infection. Aim: The aim of the present study was to explore the knowledge, attitudes and perceptions amongst immigrants, foreign students and foreign workers living in Cyprus on HIV/AIDS. Μethods and Material:. The sample consisted of 600 migrant from third countries from two cities in Cyprus (Nicosia, Limassol). Both men and women were included in the study sample. A closed-ended questionnaire referring to the knowledge, attitudes and behaviour …

Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel

Ryan G. Vacca

On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.

Led by the moderator, participants at the Forum focused generally on three broad …

Toward An International Law Of The Internet, Molly Land

Molly K. Land

This Article presents the first in depth analysis of Article 19 of the International Covenant on Civil and Political Rights as it applies to new technologies and uses this analysis to develop the foundation for an “international law of the Internet.” Although Article 19 does not guarantee a right to the “Internet” per se, it explicitly protects the technologies of connection and access to information, and it limits states’ ability to burden content originating abroad. The principles derived from Article 19 provide an important normative reorientation on individual rights for both domestic and international Internet governance debates.

Article 19’s guarantee …

Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth A. Clark

Elizabeth A. Clark

Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel

Frank A. Pasquale

On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.

Led by the moderator, participants at the Forum focused generally on three broad …

Environmental Justice And International Environmental Law, Carmen G. Gonzalez

Carmen G. Gonzalez

Environmental justice lies at the heart of many environmental disputes between the global North and the global South as well as grassroots environmental struggles within nations. However, the discourse of international environmental law is often ahistorical and technocratic. It neither educates the North about its inordinate contribution to global environmental problems nor provides an adequate response to the concerns of nations and communities disproportionately burdened by poverty and environmental degradation. This article examines some of the root causes of environmental injustice among and within nations from the colonial period to the present, and discusses several strategies that can be used …

Desafíos Para Los Derechos De La Persona Ante El Siglo Xxi: Familia Y Religión / Sfide Per I Diritti Della Persona Nel Xxi Secolo: Famiglia E Religione / Challenges Of Individual Rights In The Xxi Century: Family And Religion, Edoardo C. Raffiotta, Antonio Pérez Miras, Germán M. Teruel Lozano

Germán M. Teruel Lozano

Facing continuous changes and evolving social contexts that are a characteristic of a pluralistic society, a law professional encounters difficulties with re-arranged traditional institutions such as family and marriage, as well as difficulties in redefining the role of religion in our societies, especially in relation to individual rights and liberties within these institutions. To address these important topics, the author reviews the approach to the study of the challenges facing the constitution, and in particular the rights of the individual, in our multicultural societies.