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Articles 1 - 30 of 33
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 …
A New Stage Of Introducing Artificial Intelligence In Society, Minovvarkhon Yunusova
A New Stage Of Introducing Artificial Intelligence In Society, Minovvarkhon Yunusova
Review of law sciences
this article describes the theoretical and practical foundations of the application of digital technology and artificial intelligence in society. The problems of using artificial intelligence in the decision-making process are analyzed. Suggestions and recommendations on the application and improvement of artificial intelligence are given.
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).
Foreword, David M. Shapiro, Emily Mccormick, Annie Prossnitz
Foreword, David M. Shapiro, Emily Mccormick, Annie Prossnitz
Northwestern University Law Review
No abstract provided.
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.
40 Years Later: It’S Time For U.S. Ratification Of The American Convention On Human Rights, Justin M. Loveland
40 Years Later: It’S Time For U.S. Ratification Of The American Convention On Human Rights, Justin M. Loveland
Seattle Journal for Social Justice
No abstract provided.
The Problematic Nature Of Execution By Lethal Injection In The United States And People’S Republic Of China, Franchesca Fanucchi
The Problematic Nature Of Execution By Lethal Injection In The United States And People’S Republic Of China, Franchesca Fanucchi
Themis: Research Journal of Justice Studies and Forensic Science
The United States and the People’s Republic of China perceive the death penalty as a fundamental feature of the criminal justice system. Lethal injection procedures provide these countries with the humane disguise necessary to preserve capital punishment in an environment of evolving societal standards. However, this essay examines the highly problematic nature of execution by lethal injection due to numerous medical, procedural, and bureaucratic concerns often concealed from the public and press. The low-visibility nature of lethal injection in the United States and China has become troublesome, especially since it prevents public, academic, and medical evaluation on the procedure's humaneness …
Legalization Of Abortion Against Victims Of Rape Crimes Viewed From Victimology Perspective, Siska Elvandari
Legalization Of Abortion Against Victims Of Rape Crimes Viewed From Victimology Perspective, Siska Elvandari
Jurnal Hukum & Pembangunan
One of human rights guaranteed and protected in the 1945 Constitution is the right to live and maintain life, stated in Article 28 A of the 1945 Constitution. The right to live and maintain life is the highest right that is inherent in human beings as the subject of law since humans were born to death in the world. The right to live and maintain life is not only inherent in human beings who have been born, but also in humans or children who are still in the womb, stated in Article II of the Civil Code that "Children are …
Between Hope And Critique: Human Rights, Social Justice And Re-Imagining International Law From The Bottom Up, Lorenzo Cotula
Between Hope And Critique: Human Rights, Social Justice And Re-Imagining International Law From The Bottom Up, Lorenzo Cotula
Georgia Journal of International & Comparative Law
No abstract provided.
The Role Of Religious Organizations In The System Of Institutes Of Civil Society, F. Rashidov
The Role Of Religious Organizations In The System Of Institutes Of Civil Society, F. Rashidov
Review of law sciences
This article discusses the concepts of religion and religious organizations, the role of religious organizations as an institution of civil society in maintaining peace and stability in the context of globalization, their relationship with other organizations, their attitude to religion in a secular state, and the work in the field of Islamic education carried out in The Republic of Uzbekistan also draws attention to existing problems in the field of freedom of religion and conscience, and their solutions
Empowering Persons With Disabilities: Socio-Economic Rights As A Pathway To Personal Autonomy And Independence, Francesco Seatzu
Empowering Persons With Disabilities: Socio-Economic Rights As A Pathway To Personal Autonomy And Independence, Francesco Seatzu
Northwestern Journal of Human Rights
Recent years have witnessed a growing awareness of the importance of the status of persons with disabilities as right-holders, and increasing linkages being made between human rights and persons with disabilities’ vulnerabilities in the development context. Stimulated by mounting concerns about the impact of the financial crisis of 2007–2008 on persons with disabilities, these changes have unsurprisingly catalyzed attention on those rights of persons with disabilities that are most closely connected to ensuring persons with disabilities’ development needs—namely their social and economic rights. Focusing on the content of, and duties imposed by, persons with disabilities’ socio-economic rights, this article starts …
International Lawyers As Disrupters Of Corruption: Business And Human Rights In Africa’S Most Populous Country—Nigeria, Jayanth K. Krishnan
International Lawyers As Disrupters Of Corruption: Business And Human Rights In Africa’S Most Populous Country—Nigeria, Jayanth K. Krishnan
Northwestern Journal of Human Rights
Be it bribery, embezzlement, or the abuse of public trust, corruption poses a major challenge to global security and democratic governance, along with undermining the rule of law, especially within the Global South. Key to this phenomenon is understanding how lawyers are enabling but also disrupting this epidemic. Unfortunately, the literature on this subject is lacking. This study, therefore, offers a nuanced story of globalization and the complicated role that lawyers play in corruption, by relying on the case study of Nigeria—a crucial Global South market that has the largest population on the African continent. While Nigeria has been able …
Exploring The Effect Of The Ruggie Framework For Human Rights, Louise Rosenmeier, Peter Neergaard
Exploring The Effect Of The Ruggie Framework For Human Rights, Louise Rosenmeier, Peter Neergaard
The International Journal of Ethical Leadership
No abstract provided.
Implementing The United Nations Declaration On The Rights Of Indigenous Peoples In The United States: A Call To Action For Inspired Advocacy In Indian Country., Kristen Carpenter, Edyael Casaperalta, Danielle Lazore-Thompson
Implementing The United Nations Declaration On The Rights Of Indigenous Peoples In The United States: A Call To Action For Inspired Advocacy In Indian Country., Kristen Carpenter, Edyael Casaperalta, Danielle Lazore-Thompson
University of Colorado Law Review Forum
No abstract provided.
Human Rights Incorporated, Not Everyone Agrees, Dana Johnston
Human Rights Incorporated, Not Everyone Agrees, Dana Johnston
The Journal of Business, Entrepreneurship & the Law
There is a massive gap between the operations of businesses and the fundamental human rights of the workers and people impacted by the businesses. This has become apparent in the multiple major cases of abuse that have occurred in recent history. Businesses should be looking to hold their operations to high human rights requirements. Companies should be required to respect all human rights and not pick and choose which rights to deal with or which rights are easy for them to handle. Businesses have the ability to negatively or positively impact all human rights issues including, health and safety, freedom …
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Journal of Race, Gender, and Ethnicity
No abstract provided.
Redefining Lgbtq And Abortion Rights In Latin America: A Transnational Toolkit, Alyssa Julian
Redefining Lgbtq And Abortion Rights In Latin America: A Transnational Toolkit, Alyssa Julian
Vanderbilt Journal of Transnational Law
Throughout Latin America, the Lesbian, Gay, Bisexual, Trans, and Queer (LGBTQ) and abortion rights movements have progressed at divergent strengths and speeds, with significant variation among countries. The region is home to some of the most restrictive and discriminatory laws when it comes to these contentious issues. This Note explores some of the reasons behind the variation in LGBTQ and abortion rights throughout the region.
This Note traces the economic and political history of Latin America to illustrate the climate in which these social movements are operating. Further, this Note offers a brief snapshot of recent global developments in LGBTQ …
China's Belt And Road Initiative Is Reshaping Human Rights Norms, Mikkaela Salamatin
China's Belt And Road Initiative Is Reshaping Human Rights Norms, Mikkaela Salamatin
Vanderbilt Journal of Transnational Law
Since its birth in 2015, the Belt and Road Initiative has garnered significant attention for its benefits and its detriments. Much of the current scholarship in this area is focused on particular pieces of the Belt and Road Initiative, with few in legal scholarship considering the impact of the relationship between China's growing soft power and its effect on international law and international institutions. Every state has the right to pursue power and influence, but this Note specifically examines how China's methods of obtaining this power and influence--specifically through the Belt and Road Initiative and related actions within United Nations' …
International Financial Institutions And Their Human Rights Silent Agenda: A Forward-Looking View On The “Protect, Respect And Remedy” Model In Development Finance, Antonio Morelli
American University International Law Review
No abstract provided.
Practice And Ontology Of Implied Human Rights In International Law, Federico Lenzerini
Practice And Ontology Of Implied Human Rights In International Law, Federico Lenzerini
Intercultural Human Rights Law Review
Since the XIXth Century, implied (unenumerated) rights have been widely recognized by the courts of several countries with the purpose of addressing the shortcomings existing in national constitutions with respect to the protection of the fundamental rights and freedoms of the human person. In the last decades, such a trend has been emulated by international human rights treaty bodies and regional courts, which use implied human rights to fill the gaps existing in human rights instruments. This practice increases the level of protection afforded to individuals and communities, achieving the goal of guaranteeing effectiveness of human rights.
Shaping Intellectual Property Rights Through Human Rights Adjudication: The Example Of The European Court Of Human Rights, Christophe Geiger, Elena Izyumenko
Shaping Intellectual Property Rights Through Human Rights Adjudication: The Example Of The European Court Of Human Rights, Christophe Geiger, Elena Izyumenko
Mitchell Hamline Law Review
No abstract provided.
Indigenous Peoples’ Rights In Russian North: Main Challenges And Prospects For Future Development, Ruslan Garipov
Indigenous Peoples’ Rights In Russian North: Main Challenges And Prospects For Future Development, Ruslan Garipov
Human Rights Brief
No abstract provided.
Strengthening The Right To Know Through Truth And Reconciliation Commissions, Tracey B.C. Begley
Strengthening The Right To Know Through Truth And Reconciliation Commissions, Tracey B.C. Begley
Human Rights Brief
No abstract provided.
Ranking For Good?: A Comparative Assessment Of The Performance Of French Corporations In Human Rights Rankings, Erika George, David Restrepo Amariles
Ranking For Good?: A Comparative Assessment Of The Performance Of French Corporations In Human Rights Rankings, Erika George, David Restrepo Amariles
The International Lawyer
In recent years, greater attention has been given to developing metrics that measure more than a country’s gross domestic product (GDP). Similarly, greater consideration has been given to more than just the financial performance of commercial enterprises; corporations are now expected to conduct business in ways that are responsible and sustainable, giving attention to a triple bottom line where the planet and people are prioritized along with profits. Taking French government policy and the performance of French multinational corporations as a case in point, this article explores the ways in which emerging indicators and instruments on business and human rights …
Human Rights Laws And Authorship Norms, Roberta Rosenthal Kwall
Human Rights Laws And Authorship Norms, Roberta Rosenthal Kwall
Mitchell Hamline Law Review
No abstract provided.