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Full-Text Articles in Law
The Global Enforcement Of Human Rights: The Unintended Consequences Of Transnational Litigation, Andrea Boggio
The Global Enforcement Of Human Rights: The Unintended Consequences Of Transnational Litigation, Andrea Boggio
History and Social Sciences Faculty Journal Articles
In the last few years, a growing number of individuals whose basic rights are violated have filed transnational human rights claims in foreign countries. By placing the individual as a holder of basic rights at the core of the process of development, the capability approach, as put forward by Amartya Sen and Martha Nussbaum, provides a fertile theoretical framework to assess translational human rights litigation.
The paper shows that transnational claims are problematic in two regards:
1) They undermine development by discouraging foreign companies from investing in countries that are sources of transnational claims and by weakening local governments and …