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Articles 1 - 6 of 6
Full-Text Articles in Law
Introduction: Human Rights And Legal Systems Across The Global South Symposium, Christiana Ochoa, Shane Greene
Introduction: Human Rights And Legal Systems Across The Global South Symposium, Christiana Ochoa, Shane Greene
Indiana Journal of Global Legal Studies
Human Rights and Legal Systems Across the Global South, Symposium, Indiana University Maurer School of Law, Bloomington, Indiana. 9-10 April 2010.
To The Orphaned, Dispossessed, And Illegitimate Children: Human Rights Beyond Republican And Liberal Traditions, Siba N. Grovogui
To The Orphaned, Dispossessed, And Illegitimate Children: Human Rights Beyond Republican And Liberal Traditions, Siba N. Grovogui
Indiana Journal of Global Legal Studies
After the Helsinki Accords, the collapse of the Soviet Union and its empire, and the collapse of states in Africa and elsewhere, many in the West have come to envisage the enforcement of human rights as a practical matter. Human rights are thus incorporated in normative regimes under the rubrics of either the rule of law or the responsibility to protect to be held against the purveyors of violence. I do not discount the normative underpinnings of the related stands taken today by states and transnational and national civil society organizations. I wish to insist on the futility of envisaging …
The Human Right To Health And Hiv/Aids: South Africa And South-South Cooperation To Reframe Global Intellectual Property Principles And Promote Access To Essential Medicines, Erika George
Indiana Journal of Global Legal Studies
The HIV/AIDS pandemic has had a devastating and disproportionate impact in countries of the Global South. The experience of an individual infected with HIV in Africa is very different than that of an individual infected with HIV in America. Life expectancy varies sharply. The ability or inability to access medicines essential for treatment accounts for much of the variance. This article examines how the rhetoric of human rights used in the context of South Africa's AIDS crisis resonated across the Global South, resulted in a powerful social movement for access to medicines, and contributed to important changes in international intellectual …
Rehabilitating Territoriality In Human Rights, Austen L. Parrish
Rehabilitating Territoriality In Human Rights, Austen L. Parrish
Articles by Maurer Faculty
For many years, territorial principles anchored an international system organized around nation-states. Recently, however, the human rights movement has sought to change the state-centric focus of international law and overcome the limitations of a system where the territorial state is the primary actor. The field of human rights has promoted a new legal orthodoxy that places the person at the center of the international legal system. Within this orthodoxy, non-state actors play a prominent role, unilateral domestic lawsuits are promoted, and territorial borders give way when necessary for humanitarian intervention. In contrast, territorial conceptions of international law are viewed as …
Regulating Information Flows, Regulating Conflict: An Analysis Of United States Conflict Minerals Legislation, Christiana Ochoa, Patrick J. Keenan
Regulating Information Flows, Regulating Conflict: An Analysis Of United States Conflict Minerals Legislation, Christiana Ochoa, Patrick J. Keenan
Articles by Maurer Faculty
The connection between conflict and commercial activity is the focus of this paper. In particular, it focuses on the ongoing conflict in the Eastern Democratic Republic of Congo (DRC) that is funded, in large part, by the sale of conflict commodities – minerals, metals and petroleum that fund violent groups at their source and then enters legitimate markets and products around the world. Recently, attention has turned to how to regulate conflict commerce as a tool for divesting from violent conflict. In the United States, for example, the recently-adopted Dodd-Frank Wall Street Reform and Consumer Protection Act include a provision …
Corporate Social Responsibility And Firm Compliance: Lessons From The International Law-International Relations Discourse, Christiana Ochoa
Corporate Social Responsibility And Firm Compliance: Lessons From The International Law-International Relations Discourse, Christiana Ochoa
Articles by Maurer Faculty
There has been a long and fruitful discourse between and among legal academics and political scientists, known as international law (IL)-international relations (IL) scholarship. A great deal of that scholarship has discussed the effectiveness of particular IL regimes, usually as part of a larger discourse regarding the question of compliance with IL or international institutions, more generally, including agreed norms and soft law. This field of IL-IR scholarship has taken a fairly Westphalian and Weberian view of international law and of international relations, viewing states as the subjects of international law and, thus, seeing states as its subjects of study. …