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Articles 1 - 30 of 87
Full-Text Articles in Law
The "People's Total War On Covid-19": Urban Pandemic Management Through (Non-)Law In Wuhan, China, Philipp Renninger
The "People's Total War On Covid-19": Urban Pandemic Management Through (Non-)Law In Wuhan, China, Philipp Renninger
Washington International Law Journal
Although COVID-19 was first detected in the People’s Republic of China, the pandemic now appears contained there. Western and Chinese media attribute this apparent success to the central level of the Chinese state and the Communist Party. However, this article reveals that local entities provided critical contributions to China’s COVID-19 management, particularly in the pandemic’s first epicenter: Wuhan city in Hubei province. Chinese cities like Wuhan can fight public health emergencies through legal and nonlegal instruments. Although Wuhan had prepared for possible pandemics, its existing plans, institutions, and warning systems initially failed against COVID-19. The city did not contain the …
Bisnis Dan Hak Asasi Manusia Di Indonesia: Membangun Konteks Dengan Lensa Pencegahan Kekejaman Massal, Harison Citrawan
Bisnis Dan Hak Asasi Manusia Di Indonesia: Membangun Konteks Dengan Lensa Pencegahan Kekejaman Massal, Harison Citrawan
Jurnal Hukum & Pembangunan
Some efforts to contextualize the United Nations Guiding Principles on Business and Human Rights in Indonesia have been dominated by normative compliance review on the existing national regulations to the norms enshrined under the Principles. This article shall be divided into three parts, commencing from a brief socio-historical description on the landscape of law and development in Indonesia; along with how law and human rights adapted towards the relation between state and corporation since the colonial era. The analysis shall proceed to the types of human rights violation as a result of corporations activities, specifically in natural resource extraction sector. …
The Human Dimension Of Peace And Aggression, Chiara Redaelli
The Human Dimension Of Peace And Aggression, Chiara Redaelli
International Law Studies
Since the adoption of the Charter of the United Nations, the current international legal framework has drastically changed. In its traditional understanding, aggression is “the supreme international crime” aimed at protecting sovereignty and the territorial integrity of states. On the other hand, the U.N. Charter endorses an understanding of peace in the negative sense, that is, as mere absence of war. As human rights have gained momentum, they have helped reshape the legal landscape, a phenomenon referred to as the humanization of international law. How do peace and aggression fit within the humanized legal framework? This article will investigate the …
Global Apathy And The Need For A New, Cooperative International Refugee Response, Emily Gleichert
Global Apathy And The Need For A New, Cooperative International Refugee Response, Emily Gleichert
Northwestern Journal of Law & Social Policy
While an increasing number of nations move toward isolationist, nationalist policies, the number of refugees worldwide is climbing to its highest levels since World War II. The United Nations High Commissioner for Refugees (UNHCR) is the international body tasked with protecting this population. However, the office’s traditional solutions for refugees – local integration, resettlement in a third country, and voluntary repatriation – have mostly eluded refugees who spend an average of twenty years in exile. The limitations UNHCR’s structure imposes on the office, specifically in its ability to fund its operations and compel nations to act, have contributed to its …
Telltale Marks: Looking Beyond Censorship Of Guantánamo, Aliana E. Sheers
Telltale Marks: Looking Beyond Censorship Of Guantánamo, Aliana E. Sheers
Binghamton University Undergraduate Journal
In the United States, the government holds a storytelling monopoly; the stories it tells of Guantánamo dictate its reality, regardless of whether or not those stories are true. I will examine the government’s public statements about Guantánamo, then contrast these with covert communications and actions taken. Additionally, I will analyze iconic American images painted by detainees in classes at Guantánamo to garner the detainee perspective on the prison and the U.S. Acceptance of a single story is the antithesis of democracy; only when we strive to uncover the whole truth can we claim we have freedom of speech.
Watching Androids Dream Of Electric Sheep: Immersive Technology, Biometric Psychography, And The Law, Brittan Heller
Watching Androids Dream Of Electric Sheep: Immersive Technology, Biometric Psychography, And The Law, Brittan Heller
Vanderbilt Journal of Entertainment & Technology Law
Virtual reality and augmented reality present exceedingly complex privacy issues because of the enhanced user experience and reality-based models. Unlike the issues presented by traditional gaming and social media, immersive technology poses inherent risks, which our legal understanding of biometrics and online harassment is simply not prepared to address. This Article offers five important contributions to this emerging space. It begins by introducing a new area of legal and policy inquiry raised by immersive technology called “biometric psychography.” Second, it explains how immersive technology works to a legal audience and defines concepts that are essential to understanding the risks that …
Reforming And Strengthening The Centers For Disease Control And Prevention: Five Key Reforms To Renew The Agency’S Stature And Effectiveness, Lawrence O. Gostin, Sandro Galea
Reforming And Strengthening The Centers For Disease Control And Prevention: Five Key Reforms To Renew The Agency’S Stature And Effectiveness, Lawrence O. Gostin, Sandro Galea
Georgetown Law Faculty Publications and Other Works
The US Centers for Disease Control and Prevention (CDC) is the world’s leading public health agency, so admired that whole regions and countries have borrowed its name—in Africa, Europe, even China. In past epidemics, CDC’s expertise was transformative, such as in AIDS, Ebola, Zika, and Influenza H1N1. If there ever were a moment for the CDC to show leadership domestically and globally, it was the COVID-19 pandemic. Yet, the CDC’s stature was diminished—not enhanced—in an administration that not only eschewed science and politically pressured the CDC, but also gave notice of withdrawal from the World Health Organization (WHO), where CDC …
Petition Alleging Violations Of The Human Rights Of Lisa Montgomery By The United States Of America And Urgent Request For Precautionary Measures, Sandra L. Babcock, Zohra Ahmed, Veronica Cinibulk, Allison Franz, Gabriela Markolovic, Kelley Henry, Amy D. Harwell, Lisa G. Nouri
Petition Alleging Violations Of The Human Rights Of Lisa Montgomery By The United States Of America And Urgent Request For Precautionary Measures, Sandra L. Babcock, Zohra Ahmed, Veronica Cinibulk, Allison Franz, Gabriela Markolovic, Kelley Henry, Amy D. Harwell, Lisa G. Nouri
Faculty Scholarship
This is a petition filed on behalf of Lisa Montgomery. More about the case, as well as press releases and case documents, can be found on the case page at Cornell Center for Death Penalty Worldwide.
Tuberculosis, Human Rights, And Law Reform: Addressing The Lack Of Progress In The Global Tuberculosis Response, Matthew M. Kavanagh, Lawrence O. Gostin, John Stephens
Tuberculosis, Human Rights, And Law Reform: Addressing The Lack Of Progress In The Global Tuberculosis Response, Matthew M. Kavanagh, Lawrence O. Gostin, John Stephens
Georgetown Law Faculty Publications and Other Works
In 2018, the United Nations General Assembly convened the first-ever high-level meeting (HLM) on tuberculosis (TB). Since that time news on the world’s most lethal infectious disease is not good—the 2019 WHO TB report shows 1.2 million people died from TB, a number that has fallen just 11% since 2015, less than one-third of the way towards the End TB Strategy milestone of a 35% reduction (to about 850 million deaths) by 2020. The same number of people, 10.0 million, are estimated to have fallen ill with TB in 2018 as in 2017. The stubborn persistence of TB is attributable …
Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons
Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons
All Faculty Scholarship
Local leaders possess significant and growing authority over refugee resettlement, yet we know little about their attitudes toward refugees. In this article, we use a conjoint experiment to evaluate how the attributes of hypothetical refugee groups influence local policymaker receptivity toward refugee resettlement. We sample from a novel, national panel of current local elected officials, who represent a broad range of urban and rural communities across the United States. We find that many local officials favor refugee resettlement regardless of refugee attributes. However, officials are most receptive to refugees whom they perceive as a strong economic and social fit within …
Free, Prior And Informed Consent: Addressing Political Realities To Improve Impact, Tehtena Mebratu-Tsegaye, Leila Kazemi
Free, Prior And Informed Consent: Addressing Political Realities To Improve Impact, Tehtena Mebratu-Tsegaye, Leila Kazemi
Columbia Center on Sustainable Investment Staff Publications
Indigenous and Tribal peoples’ right to free, prior and informed consent (FPIC) has transformative potential. Yet, there is a considerable gap between the theory and what happens in practice. Global actors supporting recognition of FPIC and effective prior consultation processes usually focus on normative standards and best practices. They concentrate much less on addressing the political challenges and opportunities that shape how these processes unfold.
With funding from the Ford Foundation, we looked at the politics of FPIC in Latin America, analyzing how the power and interests of the key players–across governments, companies and indigenous peoples–can determine the fate of …
Health Priorities For Sustainable Development, Lisa E. Sachs, Jeffrey D. Sachs
Health Priorities For Sustainable Development, Lisa E. Sachs, Jeffrey D. Sachs
Columbia Center on Sustainable Investment Staff Publications
The right to health has been repeatedly recognized as one of the core human rights, essential for human functioning, human dignity, economic well-being and development. But the right to health continues to elude hundreds of millions and with Covid-19, perhaps billions of people. Poverty remains the most critical obstacle to the realization of the right to health in developing countries. Achieving universal health coverage, before the additional costs of Covid-19, would require roughly $50 billion per year, approximately 0.1 percent of the GDP of the high-income OECD countries. Yet despite this broad understanding of the vicious cycle of poverty and …
Mining And The Sdgs: A 2020 Status Update, Responsible Mining Foundation, Columbia Center On Sustainable Investment
Mining And The Sdgs: A 2020 Status Update, Responsible Mining Foundation, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
In September 2015, the UN member states agreed on a set of 17 Sustainable Development Goals (SDGs), which represent the global agenda for equitable, socially inclusive, and environmentally sustainable economic development until 2030. Mining companies have the potential to become leading partners in achieving the SDGs. Through their direct operations, mining companies can generate profits, employment, and economic growth in low-income countries. And through partnerships with government and civil society, mining companies can ensure that benefits of mining extend beyond the life of the mine itself, so that the mining industry has a positive impact on the natural environment, climate …
A Radiographic Analysis Of Compliance With The Decisions Of The Inter-American Court Of Human Rights, Max Silva Abbott
A Radiographic Analysis Of Compliance With The Decisions Of The Inter-American Court Of Human Rights, Max Silva Abbott
ILSA Journal of International & Comparative Law
This study examines the compliance level of all Inter-American Court of Human Rights judgments until December 31, 2018. The paper contrasts the data on implementation with the majority narrative regarding the degree of influence that the Inter-American Court has in protecting human rights. It also includes an Annex listing all court cases and judgments until December 2018 (Judgements on Merits, Complementary Judgments, Provisional Measures, Monitoring Compliance with Judgment and Reimbursement), and their corresponding implementation status (full compliance, partial compliance, unfulfilled, pending).
The Shibboleth Of Human Rights In Public Health, Lawrence O. Gostin, Tamira Daniely, Hanna E. Huffstetler, Caitlin R. Williams, Benjamin Mason Meier
The Shibboleth Of Human Rights In Public Health, Lawrence O. Gostin, Tamira Daniely, Hanna E. Huffstetler, Caitlin R. Williams, Benjamin Mason Meier
Georgetown Law Faculty Publications and Other Works
Human rights discourse has greatly influenced advocacy for justice in public health. Yet, beyond rhetorical claims, how can we employ human rights to achieve the aspiration of health with justice? Without human rights education to support public health practice, human rights have become a shibboleth of public health—raised frequently to signal devotion to justice, but employed rarely in policy, programming, or practice. As advocates respond to the public health injustices of populist nationalism during an unprecedented pandemic, human rights education must be an essential foundation to hold governments accountable for implementing rights to safeguard public health.
August 7, 2020: Latitia James's Tyranny, Bruce Ledewitz
August 7, 2020: Latitia James's Tyranny, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Latitia James's Tyranny“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Marriage Equality In Taiwan: Enforcement Act Of Judicial Yuan Interpretation No. 748, Yen-Jung Tseng
Marriage Equality In Taiwan: Enforcement Act Of Judicial Yuan Interpretation No. 748, Yen-Jung Tseng
International Programs
Taiwan is the first country in Asia to legalize same-sex marriage. This poster briefly introduces the history of Taiwan of legalizing same-sex marriage and points out what need to be done in the future.
Climate Change And The Human Rights Responsibilities Of Business Enterprises, Sara L. Seck
Climate Change And The Human Rights Responsibilities Of Business Enterprises, Sara L. Seck
Articles, Book Chapters, & Popular Press
The causes of climate change and solutions to it are inherently tied to non-state actors, including businesses. As multinational business enterprises are at the heart of global emissions, historical and current, it is vital to understand how the attribution of climate change impacts goes beyond the responsibilities of states. The first lawsuits targeting companies have begun. Meanwhile, businesses are increasingly focused on sustainability at different levels of their organizations, including by endorsement of business responsibilities for human rights. What independent responsibilities do business enterprises have when they undertake to respect the human rights of those who are vulnerable to climate …
Professor Katherine Franke Joins Supreme Court Brief Urging Limits To Religious Exemptions In Same-Sex Parenting Case, Law, Rights, And Religion Project
Professor Katherine Franke Joins Supreme Court Brief Urging Limits To Religious Exemptions In Same-Sex Parenting Case, Law, Rights, And Religion Project
Center for Gender & Sexuality Law
New York, New York — Yesterday, Professor Katherine Franke (Faculty Director of the Law, Rights, and Religion Project and James L. Dohr Professor of Law) and 8 other scholars of law and religion filed an amicus brief with the U.S. Supreme Court in Fulton v. City of Philadelphia. The case raises the question of whether a Catholic social service agency that accepts public funding from the City of Philadelphia to provide child welfare services, can use that funding to deny services to same-sex couples seeking to adopt or foster children.
Consensus Statement From The Santa Cruz Summit On Solitary Confinement And Health
Consensus Statement From The Santa Cruz Summit On Solitary Confinement And Health
Northwestern University Law Review
No abstract provided.
Foreword, David M. Shapiro, Emily Mccormick, Annie Prossnitz
Foreword, David M. Shapiro, Emily Mccormick, Annie Prossnitz
Northwestern University Law Review
No abstract provided.
Rights And Representation: Media Narratives About Disabled People And Their Service Animals In Canadian Print News, Lana Kerzner, Chelsea Temple Jones, Beth Haller, Arthur Blaser
Rights And Representation: Media Narratives About Disabled People And Their Service Animals In Canadian Print News, Lana Kerzner, Chelsea Temple Jones, Beth Haller, Arthur Blaser
Political Science Faculty Articles and Research
Canadian news coverage is reflecting and shaping an evolution of thought about how we must publicly account for animals’ roles in the disability rights movement. Through a textual analysis of 26 news media articles published between 2012 and 2017, this research demonstrates that the media play a key role in reporting on discrimination, yet media narratives about service animals and their owners too often fail to capture the complexity of policies and laws that govern their lives. In Canada, there is widespread public confusion about the rights of disabled people and their service animals. This incertitude is relevant to both …
July 26, 2020: No Federal Police Power, Bruce Ledewitz
July 26, 2020: No Federal Police Power, Bruce Ledewitz
Hallowed Secularism
Blog post, “No Federal Police Power“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Oppression Or Occupation: An International Analysis Of Sex Work And Sex Trafficking, Carver Wolfe
Oppression Or Occupation: An International Analysis Of Sex Work And Sex Trafficking, Carver Wolfe
International Relations Summer Fellows
Although there is some debate over the exact number of victims of sex trafficking, it is agreed that it is an issue that affects primarily women and girls around the world. This paper will examine modern-day slavery and the unresolved, century-old debate surrounding sex trafficking and sex work. While abolitionists advocate for the total eradication of all sex work, whether it is consensual or not, libertarians support the right to voluntary sex work while condemning the coercion and exploitation that surrounds all forms of trafficking. I will use an analysis of international conventions and will begin a comparative analysis by …
Modern Provisions In Investment Treaties, Jesse Coleman
Modern Provisions In Investment Treaties, Jesse Coleman
Columbia Center on Sustainable Investment Staff Publications
Governments are pursuing substantive and procedural reform of the international investment regime in recognition that there are fundamental, systemic, and interrelated concerns about current approaches to investment governance, and that current approaches have failed to meet their purported objectives.
A vast majority of the 1,023 publicly-known treaty-based claims have been brought under “old-generation” treaties. In 2018, for example, 60% of such claims were brought under treaties originally concluded in the 1990s or earlier, and all but one was filed under a pre-2011 treaty. These old-generation treaties include vague and far-reaching obligations for states, generally do not include any reference to …
Incorporating Free, Prior And Informed Consent (Fpic) Into Investment Approval Processes, Kelly Dudine, Sam Szoke-Burke
Incorporating Free, Prior And Informed Consent (Fpic) Into Investment Approval Processes, Kelly Dudine, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
Investment approval processes are the gateway through which governments set the agenda for their country’s investment environment. Yet too often these processes fail to incorporate meaningful requirements regarding participation in decision-making by Indigenous and other affected communities, increasing the risk of under-performing and conflict-ridden investments.
Enabling meaningful participation by rights holders and obtaining and maintaining their Free, Prior and Informed Consent (FPIC) throughout different investment approval processes can help governments to fulfill their legal obligations, mitigate financial and political risk, and, ultimately, attract more sustainable land-based investments.
Featuring concrete guidance and drawing on case studies from Kenya, Liberia, Mexico, Peru, …
Investment Promotion And Facilitation For Sustainable Development, Brooke Guven
Investment Promotion And Facilitation For Sustainable Development, Brooke Guven
Columbia Center on Sustainable Investment Staff Publications
Investment is a critical component of sustainable development. In particular, under the right conditions, foreign direct investment (FDI) can improve economic growth and living standards, create jobs, transfer technology and know-how and result in supply chain upgrading. However, its benefits are not automatic, and, if not carefully governed, investment can result in harm to the environment, labour standards and lead to tax evasion or other undesirable outcomes. Investment promotion and investment facilitation, in turn, can help states attract, expand and retain FDI.
Submission To Bonsucro Re Production Standard V5 (2019-21), Nami Patel, Sam Szoke-Burke
Submission To Bonsucro Re Production Standard V5 (2019-21), Nami Patel, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
In July 2020, CCSI made a formal submission to Bonsucro, an international multi-stakeholder initiative and certification scheme concerned with promoting sustainable sugar cane production. The submission formed part of consultations for Bonsucro’s draft Production Standard version 5. CCSI’s submission focused on challenges associated with implementing, and auditing for compliance with, three aspects of Bonsucro’s draft standard, namely:
- Obtaining the free, prior and informed consent (FPIC) of Indigenous and traditional communities when establishing or expanding sugar production operations
- Implementing transparent and participatory processes to assess, monitor, and evaluate the environmental and social impacts of new and existing projects; and
- Establishing accessible …
Surveillance Technology Toward A Dystopian Future, Sandy Hernandez
Surveillance Technology Toward A Dystopian Future, Sandy Hernandez
University Honors Program Senior Projects
There is a continual debate between individuals who attempt to measure the individual’s right to privacy against the government’s right to know as an exchange to provide for the security of all citizens. Questions that demand an answer are whether the individual’s right to privacy outweighs the government’s duty to provide security; and if security is considered more important, can there even be a right to privacy. When questioning the right to privacy and state surveillance, there are three key goals. First, to investigate whether the human right to privacy should exist, considering the continued threat of terrorist attacks and …
Genome Editing 2020: Ethics And Human Rights In Germline Editing In Humans And Gene Drives In Mosquitoes, George J. Annas
Genome Editing 2020: Ethics And Human Rights In Germline Editing In Humans And Gene Drives In Mosquitoes, George J. Annas
Faculty Scholarship
The moon landing, now more than a half century in the past, has turned out to be the culmination of human space travel, rather than its beginning. Genetic engineering, especially applications of CRISPR, now presents the most publicly discussed engineering challenges—and not just technical, but ethical as well. In this article, I will use the two most controversial genomic engineering applications to help identify the ethics and human rights implications of these research projects. Each of these techniques directly modifies the mechanisms of evolution, threatens to alter our views of ourselves as humans and our planet as our home, and …