Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 16 of 16
Full-Text Articles in Law
Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger
Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger
Errol Meidinger
Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.
This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …
Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr.
Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr.
Donna M. Hughes
Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.
Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.
Donna M. Hughes
Is ‘Human Rights’ The Right Approach For Protecting The Interests Of Forest-Dependent People?, Prakash Kashwan
Is ‘Human Rights’ The Right Approach For Protecting The Interests Of Forest-Dependent People?, Prakash Kashwan
Prakash Kashwan
Nature conservation is often promoted in the name of the greater good of humanity. However, in a large number of cases, nature conservation is associated with increased militarization of resource control (see the select bibliography below). International conservation organizations have responded to such concerns by developing proposals for what they refer to as ‘rights-based approaches to conservation’. Some of the biggest conservation organizations have also come together to form the Conservation Initiative on Human Rights (CIHR), which is a consortium of international conservation NGOs that seek to improve the practice of conservation by promoting integration of human rights in conservation …
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
David Ingram
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
David Ingram
In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …
Natural Rights To Welfare, Siegfried Van Duffel
Natural Rights To Welfare, Siegfried Van Duffel
Siegfried Van Duffel
No abstract provided.
A Cosmopolitan Legal Order: Constitutional Pluralism And Rights Adjudication In Europe, Alec Stone Sweet
A Cosmopolitan Legal Order: Constitutional Pluralism And Rights Adjudication In Europe, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan
Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan
Donald J. Kochan
This Response argues that as ATS jurisprudence “matures” or becomes more sophisticated, the legitimate limits of the law regress. The further expansion within the corporate defendant pool – attempting to pin liability on parent, great grandparent corporations and up to the top – raises the stakes and complexity of ATS litigation. The corporate social responsibility discussion raises three principal issues about how a moral corporation lives its life: how a corporation chooses its self-interest versus the interests of others, when and how it should help others if control decisions may harm the shareholder owners, and how far the corporation must …
On The Constitutionalisation Of The Convention: The European Court Of Human Rights As A Constitutional Court, Alec Stone Sweet
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.
Version Française: On The Constitutionalisation Of The Convention: The European Court Of Human Rights As A Constitutional Court, Alec Stone Sweet
Version Française: 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.
The Reception Of The Echr In National Legal Orders, Alec Stone Sweet, Helen Keller
The Reception Of The Echr In National Legal Orders, Alec Stone Sweet, Helen Keller
Alec Stone Sweet
No abstract provided.
Assessng The Impact Of The Echr On National Legal Systems, Alec Stone Sweet, Helen Keller
Assessng The Impact Of The Echr On National Legal Systems, Alec Stone Sweet, Helen Keller
Alec Stone Sweet
No abstract provided.
Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha
Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
The Portuguese Constitution (1976) came after a period of 48 years of authoritarianism and a closed society, in which some happy few enjoyed great privileges while the great majority of people were charged with heavy duties So, by a very understandable "law of human nature", the constituent law givers could not reasonably impose constitutionally many obligations, in an autonomous way. As rights and duties are the twin sides of the same coin, the juridical formulation under the sign of rights also implies obligations, related to those same rights. This is kinder and more pleasant to do by a liberating Constitution...
No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan
Donald J. Kochan
Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from …
Buffalo's "Prophet Of Protest": The Political Leadership And Activism Of Reverend Dr. Bennett W. Smith, Sr., Sherri Wallace
Buffalo's "Prophet Of Protest": The Political Leadership And Activism Of Reverend Dr. Bennett W. Smith, Sr., Sherri Wallace
Sherri L. Wallace