Law Commons^™

Debating Migrants In Korean Multiculturalism, Amelia Burhan, Ph.D

International Review of Humanities Studies

The concept of multiculturalism has become a keyword of contemporary Korean society. The influx of migrants has made Korea could not escape becoming an ethnically diverse nation and a multicultural society. This study aims to understand the concept of Korean multiculturalism through migrant workers and marriage migrants by examining their life in Korea including what kind of issues the migrants have been encountered and how was the effort of Korean government in tackling those issues. It found that the government occupied an important position in leading multiculturalism in Korea as it was the one who promoted Korea's moving towards multiculturalism …

Global Human Rights Organizations And National Patterns: Amnesty International’S Responses To Darfur, Joachim J. Savelsberg

Societies Without Borders

This article provides an analysis of Amnesty International and its efforts to establish a global, human rights-based narrative on the mass violence in Darfur, Sudan, during the first decade of the 21^st century. Interviews show how Amnesty’s narrative resembles that of the judicial field. Respondents insist that justice, once achieved, will help reach other goals such as peace. Relative unanimity in representing the violence supports the notion of globalizing forces highlighted by the world polity school, but national conditions also color narratives, in line with recent literature on national contexts of INGO work and a long tradition of neo-Weberian …

Who Says Human Rights Are Not Respected? A Cross-National Comparison Of Objective And Subjective Ratings, Rob Clark

Societies Without Borders

Country ratings of human rights conditions are now quite popular in macro comparative analysis. However, little is known as to whether (or to what extent) these scores correspond with mass sentiment in each country. Do “objective” ratings from the Political Terror Scale (PTS) and the Cingranelli-Richards index (CIRI) correspond with “subjective” ratings issued by the public? In this study, I answer this question, drawing from the most recent wave of the World Values Survey (2010 – 2014), in which respondents from 59 countries are asked to assess the level of respect for individual human rights in their country. The findings …

"A Glass Of Milk Strengthens A Nation." Law Development, And China's Dairy Tale, Xiaoqian Hu

Journal of Food Law & Policy

Historically, China was a soybean nation and not a dairy nation. Today, China has become the world’s largest dairy importer and third largest dairy producer, and dairy has surpassed soybeans in both consumption volume and sales revenue. This article investigates the legal, political, and socioeconomic factors that drove this transformation, and building upon fieldwork in two Chinese counties, examines the transformation’s socioeconomic impact on China’s several hundred million farmers and ex-farmers and political impact on the Chinese regime. The article makes two arguments. First, despite changes of times and political regimes, China’s dairy tale is a tale about chasing the …

Revisiting The Role Of Education In Global Society: Relevance Of The Concept Of “Value Generalization” In An Educational Context, Matteo Tracchi Phd

Societies Without Borders

Interpreting global society through the morphogenetic approach, the article looks at education as one of the dimensions of social change brought about by the plural process of globalization. The role and vision of education will therefore be questioned to finally claim that education has to be revisited in culturally diverse and complex global societies. Necessary steps include moving from a market- to a human-centred approach to education and taking the paradigm of human rights as the universal point of departure. Indeed, framing the concept of “value generalization” (Joas 2013) within an educational context, the paper argues that human rights should …

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Corporate Codes In The Varieties Of Capitalism: How Their Enforcement Depends On The Differences Among Production Regimes, Gunther Teubner

Indiana Journal of Global Legal Studies

Globalization has reinforced the conflicts among the varieties of capitalism. The colliding units are not just nation states, but transnational production regimes, which cut through national boundaries. The conflicts lead global corporate codes, which are developed by international organizations, to take different directions when they are concretized on the enterprise level. They will be differently enforced according to whether they are located in Liberal Market Economies (LME), adapted to the New Sovereignty of enterprises, or in Coordinated Market Economies (CME) with greater components of social welfare state and economic democracy.

Different patterns of enforcement emerge particularly when the courts have …

Toward An International Constitution Of Patient Rights, Alison Poklaski

Indiana Journal of Global Legal Studies

In the past decade, medical tourism-the travel of patients across borders to receive medical treatment-has undergone unprecedented growth, fueled by the globalization of health care and related industries. While medical tourism can benefit patients through increased access to treatment and cost-savings, medical travel also raises concerns about ensuring quality of care and legal redress in medical malpractice. Moreover, existing regulations fail to address these unprecedented issues. The multilateral adoption of an International Constitution of Patient Rights (ICPR) is necessary in order to more effectively preserve medical tourism's benefits and guard against its risks.

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …

Using A Community-Based Strategy To Address The Impacts Of Globalization On Underwater Cultural Heritage Management In The Dominican Republic, Lydia Barbash-Riley

Indiana Journal of Global Legal Studies

This Note addresses the management of the Underwater Cultural Heritage (UCH) in the Dominican Republic as a case study of the effects of two aspects of globalization on cultural and environmental resource management in the developing world: the international convergence of values and the horizontal delegation of state power to private actors due to economic constraints. This Note posits that even as the global community of states moves toward a consensus on the ethical management of the UCH, this convergence combined with the global trend of horizontal delegation may incentivize some lesser-developed countries to deal with the economic pressures of …

A Review Of Inhuman Conditions: On Cosmopolitanism And Human Rights, Jessica Browne

e-Research: A Journal of Undergraduate Work

Pheng Cheah's book Inhuman Conditions: On Cosmopolitanism and Human Rights connects globalization and cosmopolitanism to the humanities in an effort to understand the nature of humanity itself. At its core, Cheah's arguments seem to relate to the quote from his book, "Humanity . . . is, after all, an interminable work of collaboration and comparison."[1] He makes his way through various stages of discourse. First, he presents theconcept of new cosmopolitanism as a departure from the cosmopolitanism of Immanuel Kant and Karl Marx. He positions new cosmopolitanism within an intellectual and philosophical paradigm relative to nationalism and cosmopolitanism as "vehicles …

What Could Be Gained In Translation: Legal Language And Lawyer-Linguists In A Globalized World, Samantha Hargitt

Indiana Journal of Global Legal Studies

Translation and interpretation have long played a vital role in many legal contexts, from providing equal rights to defendants to facilitating mutual understanding among the members of the United Nations. Legal language, though, is incredibly complex and even faithfully equivalent translations can fail to meet the high standards required for operation in international legal contexts, where a lack of understanding over a single term could mean the difference between a material and non-material breach in a treaty or transnational contract. Branches of linguistics, such as comparative legal linguistics and forensic linguistics, study the characteristics and functions of legal language across …

Edzia Carvalho On Human Rights In The Global Political Economy: Critical Processes. By Tony Evans. Boulder, Co: Lynne Rienner Publishers, 2011. 232pp., Edzia Carvalho

Human Rights & Human Welfare

A review of:

Human Rights in the Global Political Economy: Critical Processes. By Tony Evans. Boulder, CO: Lynne Rienner Publishers, 2011. 232pp.

Hannah Arendt In A Global Age: Political Evil And International Theory, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Political Evil in a Global Age: Hannah Arendt and International Theory. By Patrick Hayden. New York: Routledge, 2009. 145 pp.

Global Sex Trade And Women Trafficking In Nigeria, Rasheed O. Olaniyi

Journal of Global Initiatives: Policy, Pedagogy, Perspective

Academic discourses and policy debates on the phenomenon of women trafficking have focused on the threat of illegal migration, migration management, and the stereotypical linkages between criminality and migration. Such themes neglected the perspectives of trafficking victims and the social context, most especially closed borders and poverty. Obviously, women trafficking constitute one of the anxieties and disruptive effects of globalization. For many women, migration across the polarized economy under the regime of globalization is associated with exploitation, criminalization, and insecurity. This paper argues that trafficking in women reflects inequality on a global scale: transfer of resources from depressed economy to …

Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet

Human Rights & Human Welfare

Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …

Barb Rieffer-Flanagan On Muslims In Global Politics: Identities, Interests, And Human Rights. By Mahmood Monshipouri. Philadelphia: University Of Pennsylvania Press, 2009. 325pp., Barb Rieffer-Flanagan

Human Rights & Human Welfare

A review of:

Muslims in Global Politics: Identities, Interests, and Human Rights. By Mahmood Monshipouri. Philadelphia: University of Pennsylvania Press, 2009. 325pp.

Rights & Interests: Trade & Disputes, Howard Guille

Human Rights & Human Welfare

A review of:

Trade Imbalance: The Struggle to Weight Human Rights Concerns in Trade Policy-Making. By Susan Ariel Aaronson & Jamie M. Zimmerman. New York: Cambridge University Press, 2008. 337pp.

and

Public Values & Public Interest: Counterbalancing Economic Individualism. By Barry Bozeman. Washington, DC: Georgetown University Press, 2007. 219pp.

and

The Impact of the WTO: The Environment, Public Health & Sovereignty. By Trish Kelly. Northampton, MA: Edward Elgar, 2007. 220pp.

Donald W. Jackson On Who Governs The Globe? Edited By Deborah D. Avant, Martha Finnemore, And Susan K. Sell. New York: Cambridge University Press, 2010. 433pp., Donald W. Jackson

Human Rights & Human Welfare

A review of:

Who Governs the Globe? Edited by Deborah D. Avant, Martha Finnemore, and Susan K. Sell. New York: Cambridge University Press, 2010. 433pp.

Confronting The Past: Democratic Rhetoric Or Socially Necessary?, Rachel Oster

Human Rights & Human Welfare

In the current globalized international system, politics, economics, and societal issues are the concern of not only the state but of the world as a whole. It is increasingly apparent that participation in the global community requires states to implement, at minimum, conventional democracy within which individual rights are recognized and protected. Yet for much of the developing world, democratic regimes are partially contested given that many states were historically controlled by non-democratic, often militant regimes that offered security to citizens during times of economic crises.

Human Rights In Sub-Saharan Africa: Introduction, Jendayi E. Frazer

Human Rights & Human Welfare

Whether one points to the legacy of colonialism, the nature of the post-colonial state, the effects of the Cold War, globalization, and enduring customary cultural practices, the facts presented in this Spring Digest on Human Rights in Sub-Saharan Africa (SSA) point to a significant deficit in human rights protection for sub-Saharan Africa’s people. All of the selections recognize that the demand for greater human rights and the form in which they are expressed will largely come from within Africa to be sustainable. The Digest creates a bridge between universal rights standards and their particular application and expression in Africa.

Waving Hello To Democratic Renewal, Christine Bell

Human Rights & Human Welfare

Khanna’s argument is simple. American hegemony and the unipolar world have collapsed—without America noticing. The new world is tri-polar. America must compete with Europe’s soft power influence, and China’s economic power influence. The new global game for the “second world” (Turkey, South America, the former USSR “Stans”) is to play all three superpowers against each other, while pretending to be the friends of all.

March Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Waving Goodbye to Hegemony” by Parag Khanna. New York Times Magazine. January 27, 2008.

Goodbye To Hegemony-Hello To Thinking Globally, Alison Brysk

Human Rights & Human Welfare

While I was pleased to see a knowledgeable commentator offer the promise of a fresh approach to the decline of American empire, alas Parag Khanna’s provocative essay does not escape the delusions of your father’s realpolitique. What purports to be a broad-minded analysis of the quest for “global equilibrium” under changing conditions, ends up being a playbook for the scramble for global goodies—with a disturbing dash of Huntingtonian Yellow Peril China-bashing. The real lessons here are deeper: the danger of asking the wrong question, and the need to bring global knowledge into a global framework to understand 21 st-century …

The "White But Not Quite Man's Burden": Disrupting The Apogee Of Imperial Hegemony?, Anna M. Agathangelou

Human Rights & Human Welfare

The victory of late capitalism and its supreme reign through intensified war have been triumphantly trumpeted in popular media, especially since 1989 after the fall of the former Soviet Union. These aspects do indeed need to be understood and explained and Khanna attempts, in the tradition of realism/pragmatism, to do so.

Goodbye Hegemony, Hello.?, Eric A. Heinze

Human Rights & Human Welfare

Parag Khanna’s analysis of American hegemonic decline paints a bleak picture for the future of America’s role in the emerging global order. He is correct to emphasize how the misguided policies of the Bush administration have done untold damage to America’s credibility, prestige, and overall influence in international affairs. It is thus difficult to find fault with such a sobering analysis of the immense challenges that lie ahead for the next U.S. president in the realm of foreign affairs.

Moving Beyond Markets And Minimalism: Democracy In The Era Of Globalization, Richard Burchill

Human Rights & Human Welfare

A review of:

Democracy as Human Rights: Freedom and Equality in the Age of Globalization by Michael Goodhart. London: Routledge, 2005.

Craig Berry On Global Ethics And Civil Society Edited By John Eade And Darren J. O’Byrne. Aldershot, Uk: Ashgate, 2005. 180pp., Craig Berry

Human Rights & Human Welfare

A review of:

Global Ethics and Civil Society edited by John Eade and Darren J. O’Byrne. Aldershot, UK: Ashgate, 2005. 180pp.

Globalization And The Construction Of Universal Human Rights, Eric K. Leonard

Human Rights & Human Welfare

A review of:

The History of Human Rights: From Ancient Times to the Globalization Era by Micheline R. Ishay. Berkeley: University of California Press, 2004.

and

Constructing Human Rights in the Age of Globalization edited by Mahmood Monshipouri, Neil Englehart, Andrew J. Nathan and Kavita Philip. Armonk, N.Y.: M.E. Sharpe, Inc., 2003.

Are Workers Rights Human Rights And Would It Matter If They Were?, Richard Mcintyre

Human Rights & Human Welfare

A review of:

Slaves to Fashion: Poverty and Abuse in the New Sweatshops by J.S. Ross. Ann Arbor: University of Michigan Press, 2004. 396pp.

and

Can Labor Standards Improve Under Globalization? by Kimberly Ann Elliott and Richard B. Freeman. Washington: Institute for International Economics, 2003. 175pp.