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2014

Human Rights Law

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Articles 751 - 757 of 757

Full-Text Articles in Law

Restoration Of Historical Memory And Dignity For Victims Of The Armenian Genocide: A Human Rights Law Approach To Effective Reparations, Richard J. Wilson Dec 2013

Restoration Of Historical Memory And Dignity For Victims Of The Armenian Genocide: A Human Rights Law Approach To Effective Reparations, Richard J. Wilson

Richard J. Wilson

This article argues that United Nations human rights principles and new developments in the Inter-American Commission on Human Rights and the European Court of Human Rights suggest a route to provide effective reparation through restoration of historical memory and dignity for victims of the Armenian Genocide.

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Human Rights Violations By Peacekeeping Forces In Somalia.Pdf, Richard J. Wilson Dec 2013

Human Rights Violations By Peacekeeping Forces In Somalia.Pdf, Richard J. Wilson

Richard J. Wilson

Widespread sexual violence is occurring throughout South-Central Somalia, and the perpetrators of this violence are often alleged to be government security forces and military personnel from the African Union Mission for Somalia (AMISOM). Within Somalia, there is little recourse for victims of sexual violence, and human rights practitioners are looking to international options as alternative venues for seeking justice. This article uses the case of peacekeeping troops in Somalia perpetrating human rights violations to explore the liability of peacekeepers and their home states in these situations. It assumes, for purposes of analysis here, that due to their traditional immunities, the …

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Exploitation Creep And The Unmaking Of Human Trafficking Law, Janie A. Chuang Dec 2013

Exploitation Creep And The Unmaking Of Human Trafficking Law, Janie A. Chuang

Janie A Chuang

The U.S. government and influential NGOs have been promoting a greatly expanded legal and policy understanding of the problem of human trafficking, recasting forced labor as trafficking, and trafficking as "modern-day slavery." The aggregate effect is a doctrinally problematic "exploitation creep." For strong legal and policy reasons, anti-trafficking efforts should target struc- tural vulnerability to trafficking through strengthened labor frameworks. On the same grounds the article contests initiatives to conflate human trafficking with slavery and to address trafficking primarily under an ex post crime-control par- adigm focused on perpetrator accountability and victim protection.

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El Ámbito De Aplicación De La Ley (Cap. 5) / Comentarios A La Da 1ª, A La Df 1ª Y A La Df 2ª (Cap. 24), Germán M. Teruel Lozano Dec 2013

El Ámbito De Aplicación De La Ley (Cap. 5) / Comentarios A La Da 1ª, A La Df 1ª Y A La Df 2ª (Cap. 24), Germán M. Teruel Lozano

Germán M. Teruel Lozano

No abstract provided.

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Corporate Social Responsibility In A Remedy-Seeking Society: A Public Choice Perspective, Donald J. Kochan Dec 2013

Corporate Social Responsibility In A Remedy-Seeking Society: A Public Choice Perspective, Donald J. Kochan

Donald J. Kochan

Written for the Chapman Law Review Symposium on “What Can Law & Economics Teach Us About the Corporate Social Responsibility Debate?,” this Article applies the lessons of public choice theory to examine corporate social responsibility. The Article adopts a broad definition of corporate social responsibility activism to include both (1) those efforts that seek to convince corporations to voluntarily take into account corporate social responsibility in their own decision-making, and (2) the efforts to alter the legal landscape and expand legal obligations of corporations beyond traditional notions of harm and duty so as to force corporations to invest in interests …

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Does Undrip Matter?: Indian Law In The United States And The International Right To Self-Determination, Kevin Crow Dec 2013

Does Undrip Matter?: Indian Law In The United States And The International Right To Self-Determination, Kevin Crow

Kevin Crow

The United States has recognised the sovereignty of Indigenous tribal nations within the United States since the early 1800s and has explicitly recognised a right to self-determination for Indigenous peoples of the United States since the 1970s.The exact nature of this right, however, has been the focus of much scholarly debate both in the United States and around the world. Erosions in the nature of U.S. tribal sovereignty since the early 1980s coupled with an accelerating development of the international principle of self-determination call the extent and nature of Indian self-determination into question. Accordingly, this paper seeks to explore three …

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Article 4 Of The Echr And The Obligation Of Criminalizing Slavery, Servitude, Forced Labour And Human Trafficking, Vladislava Stoyanova Dec 2013

Article 4 Of The Echr And The Obligation Of Criminalizing Slavery, Servitude, Forced Labour And Human Trafficking, Vladislava Stoyanova

Vladislava Stoyanova

This article addresses the interaction between international human rights law and national criminal law as exemplified and revealed in relation to the abuses of slavery, servitude, forced labour and human trafficking (THB). First, I point out the mismatch between the interpretative techniques of international human rights law and national criminal law. The reportedly low numbers of prosecutions and convictions for abuses against migrants has gathered increasing attention. As a reaction it has been suggested that the definitions of THB and of slavery, servitude and forced labour (where the latters have been specifically criminalized) have to be expansively construed. These suggestions …

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