Law Commons^™

The Global Slavery Index - Seduction And Obfuscation, Anne T. Gallagher Ao

Anne T Gallagher

Critique of the Global Slavery Index. For published version see http://www.theguardian.com/global-development/poverty-matters/2014/nov/28/global-slavery-index-walk-free-human-trafficking-anne-gallagher

Nuclear Chain Reaction: Why Economic Sanctions Are Not Worth The Public Costs, Nicholas C.W. Wolfe

Nicholas A Wolfe

International economic sanctions frequently violate human rights in targeted states and rarely achieve their objectives. However, many hail economic sanctions as an important nonviolent tool for coercing and persuading change. In November 2013, the Islamic Republic of Iran negotiated a temporary agreement with major world powers regarding Iran’s nuclear program. The United States’ media and politicians have repeatedly and incorrectly attributed Iran’s willingness to negotiate to the effectiveness of economic sanctions.

Politicians primarily focus on immediate domestic effects and enact sanctions without a thorough understanding of the long-term effects on the United States economy and the public within a targeted …

Archaeological Sites And Mangrove Forest: A Legal Overview Of The Ecologically Critical Areas In The Bangladesh Context, Arpeeta Shams Mizan

Arpeeta Shams Mizan

Ecologically critical area as a concept is practised globally to preserve the natural biodiversity of environmentally endangered areas. These areas also fall under the criteria of natural and cultural heritage. Since the Stockholm Declaration, leading international legal instruments have reiterated their sanctity in consonance with the principles of Intergenerational equity and also of human rights. The environmental law in Bangladesh has incorporated these principles by making provisions for Ecologically Critical Areas (ECAs) in the Bangladesh Environment Conservation Act 1995 (as amended in 2010) and the Environment Conservation Rules 1997. Bangladesh is a signatory to the World Heritage Convention, the principal …

Reconciling Liberalism And Judaism? Human Rights In Israel, Raphael Cohen-Almagor

raphael cohen-almagor

This essay argues that mixing religion in politics is problematic. It becomes destructive when the religion is unyielding and coercive. Whenever religious powers are on the rise, the foundations of liberal democracy are shaken and its protective mechanisms are regressing. Indeed, in Israel egalitarianism is still in the making. Orthodox Judaism and liberal democracy are in conflict. The rise of one comes at the expense of the other in a situation where religion does not encompass the concept of freedom from religion. This essay further argues that Palestinians and Israelis are entitled to the same rights and liberties. Accommodations and …

Abortion In South Africa And The United States: An Integrative, Contrastive Comparative Analysis Of The Effect Of Legal And Cultural Influences On Implementation Of Abortion Rights, Danielle Y. Blanks

Danielle Y Blanks

Despite similarly progressive abortion rights laws, women in South Africa and the U.S. experience completely different levels of access to legal and safe abortions. In this paper, I will seek to explain the reasons for this disparity by describing the ways in which natural law has influenced the application of law in the U.S. and South Africa while examining the role of cultural values in the realization of abortion rights. I will take an integrative approach to explain ideological similarities and a contrastive approach to denote the cultural differences that have led to a de facto marginalization of South African …

Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson

Eve Tilley-Coulson

Relief for battered immigrants is not an obvious national security matter per se, yet remedies are enacted in conjunction with stringent interpretations of immigration law, as though victims pose a security threat. Discrepancies exist between the immigration laws themselves—which attempt to secure the United States from disease, violence, and illegal activity—and the loopholes found within remedies under these laws, unnecessarily removing victims and perpetuating a cycle of fear and abuse. This paper addresses how relief for battered immigrants, when implemented with the priority of protecting national security and immigration legislation, creates and perpetuates negative societal consequences. The economic and societal …

Trafficking For Organ Removal, Anne T. Gallagher Ao

Anne T Gallagher

No abstract provided.

Human Rights And Culture Heritage In International Law, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Regional and international conflicts defined as a so-called ‘clash of civilisations’, civil conflicts from Central and South America, to former Yugoslavia, from the north Africa and the Middle East to Southeast Asia, and discrimination against and persecution of vulnerable individuals within ethnic or religious communities, appear to indicate tensions between human rights and culture at all levels of society, from the global to the local, from the collective to the individual. Despite the growing cognisance of these cleavages, the international community rather than suppressing cultural, ethnic or religious differences, has actively promoted the importance of cultural diversity and religious tolerance …

Four Challenges Confronting A Moral Conception Of Universal Human Rights, Eric Blumenson

Eric Blumenson

This Essay describes some fundamental debates concerning the nature and possibility of universal human rights, conceived as a species of justice rather than law. It identifies four claims entailed by such rights and some significant problems each claim confronts. The designation “universal human rights” explicitly asserts three of them: paradigmatic human rights purport to be (1) universal, in that their protections and obligations bind every society, regardless of its laws and mores; (2) human, in that the rights belong equally to every person by virtue of one’s humanity, regardless of character, social standing, disabilities, or other individual attributes; and (3) …