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Full-Text Articles in Law

Between Hope And Critique: Human Rights, Social Justice And Re-Imagining International Law From The Bottom Up, Lorenzo Cotula Apr 2020

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.


Identifying Better Refugee Policies For An Evolving Crisis, Mark Rook Apr 2020

Identifying Better Refugee Policies For An Evolving Crisis, Mark Rook

Honors Theses (PPE)

This thesis attempts to analyze one of the gravest humanitarian challenges of our time, the refugee crisis, and make it accessible. After beginning with some definitional terms, the paper describes refugee policies in seven countries with distinctly different resources and legacies of hosting refugees to determine the state regulations and programs that those countries have relied upon in the past. The countries involved include the haven countries of Kenya and Uganda, the coastal nation of Italy, the inland European countries of Germany and Hungary, and the North American countries of the USA and Canada. All of these countries are scrutinized ...


How States Respond To The Human Rights Violations Of A Past Dictatorship: The Cases Of Argentina And Chile, Michaela Drucker Apr 2020

How States Respond To The Human Rights Violations Of A Past Dictatorship: The Cases Of Argentina And Chile, Michaela Drucker

Senior Theses and Projects

Many countries around the world have suffered from disastrous dictatorships riddled with human rights abuses. This thesis aims to answer the question of what happens after the dictatorship to address these human rights violations and why the responses differ from country to country. This paper poses six possible explanations as to what motivates justice, specifically prosecutions against former perpetrators: 1) the heinousness of the human rights violations, 2) the type of transition, 3) the legal structure, 4) the role of the executive, 5) international pressure through transnational advocacy networks, and 6) diffusion theory--the occurrence of similar justice policies in geographically ...


Exploring The Effect Of The Ruggie Framework For Human Rights, Louise Rosenmeier, Peter Neergaard Feb 2020

Exploring The Effect Of The Ruggie Framework For Human Rights, Louise Rosenmeier, Peter Neergaard

The International Journal of Ethical Leadership

No abstract provided.


The Proof Is In The Process: Self-Reporting Under International Human Rights Treaties, Cosette D. Creamer, Beth A. Simmons Feb 2020

The Proof Is In The Process: Self-Reporting Under International Human Rights Treaties, Cosette D. Creamer, Beth A. Simmons

Faculty Scholarship at Penn Law

Recent research has shown that state reporting to human rights monitoring bodies is associated with improvements in rights practices, calling into question earlier claims that self-reporting is inconsequential. Yet little work has been done to explore the theoretical mechanisms that plausibly account for this association. This Article systematically documents—across treaties, countries, and years—four mechanisms through which reporting can contribute to human rights improvements: elite socialization, learning and capacity building, domestic mobilization, and law development. These mechanisms have implications for the future of human rights treaty monitoring.


Human Rights Incorporated, Not Everyone Agrees, Dana Johnston Jan 2020

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 ...


The Mainstreaming Of Sex Workers' Rights As Human Rights, Chi Adanna Mgbako Jan 2020

The Mainstreaming Of Sex Workers' Rights As Human Rights, Chi Adanna Mgbako

Faculty Scholarship

No abstract provided.


Translating Modern Slavery Into Management Practice, Galit A. Sarfaty Jan 2020

Translating Modern Slavery Into Management Practice, Galit A. Sarfaty

Faculty Publications

This article examines how ill-defined legal norms around modern slavery are being outlined in supply chain legislation and then interpreted by management professionals. Building on an infrastructural analysis of supply chain governance, I uncover the set of practices that underlie recent regulations around modern slavery. I track the implementation of these laws by following the “chain of translation,” whereby information is transformed from on-the-ground raw data; to quantitative metrics of modern slavery risks; and finally, to polished corporate statements. This analysis focuses on the critical role being played by Sedex (Supplier Ethical Data Exchange), which is a platform for sharing ...


Copyright Exceptions Across Borders: Implementing The Marrakesh Treaty, Laurence R. Helfer, Molly K. Land, Ruth L. Okediji Jan 2020

Copyright Exceptions Across Borders: Implementing The Marrakesh Treaty, Laurence R. Helfer, Molly K. Land, Ruth L. Okediji

Faculty Scholarship

This article reviews state ratification and implementation of the Marrakesh Treaty since its conclusion in 2013. We find that most states have adhered closely to the Treaty’s text, thus creating a de facto global template of exceptions and limitations that has increasingly enabled individuals with print disabilities, libraries and schools to create accessible format copies and share them across borders. The article argues that the Marrakesh Treaty’s core innovation—mandatory exceptions to copyright to promote public welfare—together with consultations with a diverse range of stakeholders, may offer a model for harmonising human rights and IP in other ...


Asian Courts And Lgbt Rights, Holning Lau Dec 2019

Asian Courts And Lgbt Rights, Holning Lau

Holning Lau

Courts have played an integral part in advancing the rights of lesbian, gay, bisexual, and transgender (LGBT) communities in many parts of Asia. For example, Taiwan’s highest court ruled in 2017 that it was unconstitutional to exclude same-sex couples from marriage. As a result, in 2019, Taiwan became the first jurisdiction in Asia to legalize same-sex marriage. Among judicial decisions from Asia, Taiwan’s marriage ruling has gone the furthest in affirming same-sex relationships, but it is not alone in vindicating the rights of gay men, lesbians, and bisexuals. Courts in Asia have also advanced transgender rights. For example ...


Human Rights For Health Across The United Nations, Benjamin Mason Meier, Lawrence O. Gostin Dec 2019

Human Rights For Health Across The United Nations, Benjamin Mason Meier, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The United Nations (UN) plays a central role in realizing human rights to advance global health. Looking beyond state obligations, the UN has called on all its specialized agencies to mainstream human rights across all their activities. With globalization compelling these UN institutions to meet an expanding set of global challenges to underlying determinants of health, human rights are guiding these international organizations in addressing public health. These international organizations within the UN system are actively engaged in implementing health-related human rights—in both their mission and their actions to carry out that mission. Through this mainstreaming of human rights ...


Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello Dec 2019

Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2016, the leaders of 193 governments committed to more equitable and predictable sharing of responsibility for refugees as part of the New York Declaration, to be realized in the Global Compact on Refugees. To encourage debate, this paper presents the first global model to measure the capacity of governments to physically protect and financially support refugees and host communities. The model is based on a new database of indicators covering 193 countries, which assigns a fair share to each country and measures current government contributions to the protection of refugees. The model also proposes a new government-led global platform ...


Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez Dec 2019

Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez

The Scholar: St. Mary's Law Review on Race and Social Justice

Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status quo. This article also proposes remedies such as the cessation of infringement by government agents on the property rights that affected immigrants have on their own bodies and a modern-day amnesty reflective of the Immigration Reform and Control Act of 1986. This article also introduces Bernadette Atuahene’s ...


Animal Rights: Time To Start Unpacking What Rights And For Whom, Jane Kotzmann, Nick Pendergrast Dec 2019

Animal Rights: Time To Start Unpacking What Rights And For Whom, Jane Kotzmann, Nick Pendergrast

Mitchell Hamline Law Review

No abstract provided.


Assessing Sexually Harassing Conduct In The Workplace: An Analysis Of Bc Human Rights Tribunal Decisions In 2010–16, Bethany Hastie Nov 2019

Assessing Sexually Harassing Conduct In The Workplace: An Analysis Of Bc Human Rights Tribunal Decisions In 2010–16, Bethany Hastie

Faculty Publications

Sexual harassment in the workplace was first recognized as a form of discrimination in the 1980s. Since that time, the concepts of sexual harassment and discrimination have evolved substantially. This article explores how human rights tribunals address complaints of sexual harassment in the workplace through a case analysis of BC Human Rights Tribunal decisions from 2010 to 2016. Focusing on an examination of how the tribunal determines what constitutes sexually harassing conduct, this article suggests that, while human rights tribunals are advancing in their understanding and analysis of sexual harassment claims, there remain inherent limitations associated with the individualized nature ...


Proceduralisation's Triumph And Engagement's Promise In Socio-Economic Rights Litigation, Brian E. Ray Nov 2019

Proceduralisation's Triumph And Engagement's Promise In Socio-Economic Rights Litigation, Brian E. Ray

Brian Ray

Three of the Constitutional Court's socio-economic rights decisions of the 2009 term are the culmination of a strong trend towards the proceduralisation of socio-economic rights that many commentators have argued fails to fulfill their original promise. This triumph of proceduralisation undeniably restricts the direct transformative potential of these rights. But there is another aspect to this trend - an aspect reflected in the Court's emphasis on participatory democracy and the ability of procedural remedies to democratise the rights-enforcement process. This article considers what the triumph of proceduralisation means for future social and economic rights litigation and argues that properly ...


Singapore, Land Use And The Lessons For Human Development, Wellington Migliari Oct 2019

Singapore, Land Use And The Lessons For Human Development, Wellington Migliari

Journal of Comparative Urban Law and Policy

A study of the impact of using land use controls as a strategic tool to further human development among all social classes is presented. We advocate that human rights include a long-term practice of combining public policies, manufacturing industry, and property system. Further, this study strives to educate economists and those in other academic areas (e.g. humanities) on the importance of considering land use, ownership, and urban planning with economics to form a new theory of developmentalism. Singapore provides a case study demonstrating similar aspects that may shed light on that debate. The Housing & Development Board and the Urban ...


Human Rights, Economic Justice And U.S. Exceptionalism, Natasha Lycia Ora Bannan Oct 2019

Human Rights, Economic Justice And U.S. Exceptionalism, Natasha Lycia Ora Bannan

Pace International Law Review

On April 5, 2019, PILR held their triennial symposium titled: Revisiting Human Rights: The Universal Declaration at 70. As a reflection of the event, a few panelists composed contribution pieces reflecting on the topic.


Leahy—Sharpening The Blade, Nandor F.R. Kiss Oct 2019

Leahy—Sharpening The Blade, Nandor F.R. Kiss

Pace International Law Review

Over the course of the last 20 years, the Leahy Law has become one of the cornerstones of foreign and human rights policy. Yet, despite its largely unchallenged importance, field practitioners and other stakeholders have identified a number of substantive and practical deficiencies that greatly diminish the law’s ability to achieve the desired effect, and worse, may pose a risk to the United States’ interests. In reflecting on these deficiencies, and armed with decades of data and anecdotal evidence, this Article proposes adjustments focused on better aligning the law’s intent and effect. These recommendations range from semantic edits ...


The Evolution Of International Law, Milena Sterio Oct 2019

The Evolution Of International Law, Milena Sterio

Milena Sterio

Globalization, characterized by the inter-connectivity of persons, states, and non-state actors on a global plane, has led to the development of binding international law across several legal fields, namely, international human rights, international criminal law, and private international law. This Article explores the proliferation of actors, norms, and organizations, as well as the expansion of international jurisdiction that has underscored the development of international law over the last half century. The Article focuses on the impact of globalized international law on state actors, as well as on individuals, by reshaping their behavior in the international realm. In particular, this Article ...


Ethics And Methods Of Human Rights Work: Exploring Both Theoretical And Practical Approaches, Shayna Plaut, Maritza Felices Luna, Christina Clark Kazak, Neil Bilotta, Lara Rosenoff Gauvin Oct 2019

Ethics And Methods Of Human Rights Work: Exploring Both Theoretical And Practical Approaches, Shayna Plaut, Maritza Felices Luna, Christina Clark Kazak, Neil Bilotta, Lara Rosenoff Gauvin

Conference: The Social Practice of Human Rights

This workshop will explore both theoretical and practical approaches to methodologies and ethics as it relates to human rights work.

The goal of the workshop is to create a dynamic space that encourages participants to share and learn from our own experiences navigating the messiness of human rights ethics and methods. We specifically address formal education and systems and structures so that we may all design, do and teach research and practice related to human rights in a more critical and sustainable manner. We recognize the tensions of creating research, programs and advocacy that is seen as “legitimate” to educational ...


Delinking The "Human" From Human Rights: Artificial Intelligence, Transhumanism And The Future Of Human Rights, A. Kayum Ahmed Oct 2019

Delinking The "Human" From Human Rights: Artificial Intelligence, Transhumanism And The Future Of Human Rights, A. Kayum Ahmed

Conference: The Social Practice of Human Rights

Human rights discourses are deeply embedded in an epistemic anthropocentricism that centers the human in human rights. However, conceptions of what constitutes the human are being eroded through the development of artificial intelligence, bio-hacking and transhumanism, all of which, support the emergence of new kinds of humans.These emergent humans include the enhanced human who possesses abilities that compel us to reconsider the parameters of humanness, as well as computer systems that demonstrate characteristics thought of as uniquely human. The blurring of the divide between human and machine therefore compels us to reconsider our understanding of the human in human ...


Rehumanization Among Veterans Of The Yugoslav Wars: Rethinking Reconciliation And Post-Conflict Justice, Jordan N. Kiper Oct 2019

Rehumanization Among Veterans Of The Yugoslav Wars: Rethinking Reconciliation And Post-Conflict Justice, Jordan N. Kiper

Conference: The Social Practice of Human Rights

Rehumanization is a central element in powerful social movements after war. Drawing from ethnographic fieldwork in the Balkans, I consider the convergence and divergence between notions of rehumanization found in human rights literature and the role of rehumanization among veterans in Bosnia-Herzegovina and Serbia. Rehumanization plays a prominent role among these veterans because of the International Criminal Tribunal for the former Yugoslavia (ICTY), which has had varied social effects on Balkan communities. By supporting the ICTY, veteran associations have vetted themselves of potential war criminals, and thereby developed overlapping justice discourses that converge on the notion of reconciliation. There are ...


Fiscal Citizenship: How Can Tax Efficiency And Isonomy Aid In The Promotion Of Economic Rights, Social Participation, Political Accountability, And Cultural Diversity?, Gustavo Voeroes Dénes Oct 2019

Fiscal Citizenship: How Can Tax Efficiency And Isonomy Aid In The Promotion Of Economic Rights, Social Participation, Political Accountability, And Cultural Diversity?, Gustavo Voeroes Dénes

Conference: The Social Practice of Human Rights

According to the World Inequality Report 2018 (WID 2017), Brazil is one of the few countries that has not recently displayed an increase in income inequality, having instead sustained it on persistently very high levels, actually composing the world’s “inequality frontier”. While such levels of inequality may be partly attributed to poor distribution of property rights, human capital endowments, and specificity of labor relations, a significant part of it is undoubtedly due the national fiscal system’s reduced distributive capacity, compromised by one the worst taxation systems in the world. Occupying the 184th position out of 190 countries in ...


How Can Human Rights Activism Help Tackle Economic Inequality? Lessons From Mining Affected Communities In South Africa, Allison Corkery Oct 2019

How Can Human Rights Activism Help Tackle Economic Inequality? Lessons From Mining Affected Communities In South Africa, Allison Corkery

Conference: The Social Practice of Human Rights

The dramatic rise in socioeconomic inequality produced by neoliberal globalisation has provoked a crisis of confidence in the human rights community and inspired a wave of debate about whether human rights have anything meaningful to offer in advancing economic justice. The pessimistic view argues human rights are inadequate for challenging socioeconomic inequality because they are too closely aligned to Western liberalism and too uncritical of the rise of capitalism. The more optimistic view does not dismiss these critiques entirely. It argues that they are only valid for particular (arguably dominant) types of human rights praxis, however. Failing to acknowledge this ...


Human Rights, Environmental Justice, Social Justice, Faith Values And Ethics: Building Stronger Partnerships For The Common Good By Understanding The Differences, Theresa Harris, Leanne M. Jablonski, Sarah Fortner, Malcolm Daniels Oct 2019

Human Rights, Environmental Justice, Social Justice, Faith Values And Ethics: Building Stronger Partnerships For The Common Good By Understanding The Differences, Theresa Harris, Leanne M. Jablonski, Sarah Fortner, Malcolm Daniels

Conference: The Social Practice of Human Rights

Partnerships between human rights practitioners, local communities, scientists, engineers, and health professionals have shown potential to address deeply rooted, systemic human rights concerns. These collaborations are essential for achieving the UN Sustainable Development Goals (SDGs), and for engaging the perspectives and expertise of all constituents. However, even when the individuals in these partnerships or the organizations they represent have common goals, their motivations, analyses, and solutions often come from different perspectives. Members of good will can inadvertently alienate one another when attempting to work together. The fields of human rights, social justice, environmental justice, and ethics have each developed their ...


The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak Oct 2019

The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak

Conference: The Social Practice of Human Rights

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the rights to life, highest attainable standard of physical and mental health, adequate standard of living, adequate food, clean water and sanitation, housing, culture, freedom of expression and association, information and education, participation, effective remedies, and the rights of indigenous peoples. Without adequate ...


Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed Oct 2019

Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed

Conference: The Social Practice of Human Rights

Despite its emancipatory potential, human rights remains locked in a form of epistemic coloniality that defers to Euro-American knowledge and reinforces anthropocentric exceptionalism. In order to employ human rights as a source of emancipation, human rights must itself be emancipated—it must be decolonized. Drawing on the notion of 'decoloniality' as a framework that advances radical possibilities by delinking from structural racism, patriarchy and class embedded in capitalism and Western modernity, a typology of human rights as sovereignty, disruption, and tactics is developed as a way of understanding human rights from the position of the colonized.


Corporate Liability For Human Rights Violations: The Future Of The Alien Tort Claims Act, Milena Sterio Sep 2019

Corporate Liability For Human Rights Violations: The Future Of The Alien Tort Claims Act, Milena Sterio

Milena Sterio

This paper addresses complex legal issues in light of and in the context of Jesner v. Arab Bank, a case involving the scope of corporate liability for human rights abuses under the Alien Tort Claims Act (ATCA). Part I provides a brief overview of the Jesner case. Part II outlines the case Kiobel v. Royal Dutch Petroleum Co. and its holding. Part III discusses Kiobel's shortcomings, including the vagueness of its "touch and concern" test and its failure to specify which law—international or domestic—applies to the issue of corporate liability under the ATCA. Part IV then proposes ...


Mediating Suffering: Buddhist Detachment And Tantric Responsibility In Michael Ondaatje’S Anil’S Ghost, Justin M. Hewitson Sep 2019

Mediating Suffering: Buddhist Detachment And Tantric Responsibility In Michael Ondaatje’S Anil’S Ghost, Justin M. Hewitson

CLCWeb: Comparative Literature and Culture

In “Mediating Suffering: Buddhist Detachment and Tantric Responsibility in Michael Ondaatje’s Anil’s Ghost,” Justin Hewitson argues that the global mediation of suffering following human rights abuses creates the offender-victim binary. The way in which moral judgments drive urgent peacemaking is seldom connected to long-term victimhood narratives. This psychology can exacerbate cyclical patterns of anger, exploitation, and violence by deferring responsibility. Ondaatje’s controversial novel, Anil’s Ghost, which reflects these charged accusations, refuses to settle blame on any side of the Sri Lankan conflict; instead, it offers the troubling recognition that offenders, victims, and mediators are all causal ...