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Full-Text Articles in Law
Citizens Of Sinking Islands: Early Victims Of Climate Change, Erin Halstead
Citizens Of Sinking Islands: Early Victims Of Climate Change, Erin Halstead
Indiana Journal of Global Legal Studies
This Note discusses the effects of climate change that threaten Small Island Developing States (SIDS). Specifically, with increasing global greenhouse gas (GHG) emissions resulting in rising sea levels and higher frequency of extreme weather events, many citizens of SIDS are forced abandon their homelands, which are no longer livable. Although SIDS are some of the smallest contributors to GHG emissions, and therefore contribute the least to climate change, SIDS are some of the countries most heavily affected by the negative effects of climate change. The global community has an obligation to accommodate these displaced people, partially due to the significant …
Transformations In Statehood, The Investor- State Regime, And The New Constitutionalism, A. Claire Cutler
Transformations In Statehood, The Investor- State Regime, And The New Constitutionalism, A. Claire Cutler
Indiana Journal of Global Legal Studies
This paper examines the changing boundaries of statehood resulting from transformations in the nature and operation of public and private authority over local and global politico-legal orders. Transformations in the political purposes of states are being driven by powerful elites who advance a new form of constitutional governance. New constitutionalism, as evidenced by the investor-state regime, subordinates the interests, purposes, and rights of national citizens to those of foreign, transnational politico-legal, and economic elites. This regime is a highly privatized order that is expanding in influence, both in terms of the commercial activities under its remit, and in terms of …
Some Newly Emergent Geographies Of Injustice: Boundaries And Borders In International Law, Upendra V. Baxi
Some Newly Emergent Geographies Of Injustice: Boundaries And Borders In International Law, Upendra V. Baxi
Indiana Journal of Global Legal Studies
This conversation examines the relationship between the boundaries and borders in international law and the production of geographies of injustice through the lens of the colonial epistemologies, especially of private international law in the face of mass social disasters like the archetypal Bhopal catastrophe. I also address the languages and logics of coloniality and postcoloniality, as states of consciousness and social organization, under the complex and contradictory unity of neoliberalism.
Statehood, Power, And The New Face Of Consent, Sheldon Leader
Statehood, Power, And The New Face Of Consent, Sheldon Leader
Indiana Journal of Global Legal Studies
Individuals and groups are often subjected to power, both public and private, by eliciting their consent. Debate usually focuses on whether or not that consent is freely given or is vitiated by imbalances of strength between the bargaining parties. This essay focuses on a different issue, one that is largely passed over in legal and moral analyses: how far does and should consent bind one to accepting in advance changes in the future? There are signs of a fundamental shift in answering this question-a shift that particularly concerns the control of power in the economy. Industrial democracies may be abandoning …
Human Rights And Global Public Goods: The Sound Of One Hand Clapping?, Neil Walker
Human Rights And Global Public Goods: The Sound Of One Hand Clapping?, Neil Walker
Indiana Journal of Global Legal Studies
Each operating in a presumptively general or universal register, 'public goods" and "human rights" are among the most popular and visible contemporary carriers of ideas of global law and governance and are therefore prime sources for any broader project of global justice. Their combination, moreover, holds out the prospect of a fertile engagement between the two core concerns of modern political morality our collective requirements and potential (public goods) and our individual dignity and well-being (human rights). Yet for all their ambition, public goods and human rights each face the formidable challenge of placing considerations of political authority and political …
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz
Indiana Journal of Global Legal Studies
At the heart of international law lies a central tension. On the one hand, the fundamental rights recognized in international treaties protect the fundamental interests of individuals, obligating all actors who can affect these rights. One the other hand, international law has often been conceived of as a system in which the only legitimate actors are states. In turn, only states can be bound by the fundamental rights obligations in international treaties. To address this tension, two models have been proposed. The first is an "Indirect duty" approach, whereby the state remains the primary duty-bearer and must itself "create" the …
One Pillar: Legal Authority And A Social License To Operate In A Global Context, Hans Lindahl
One Pillar: Legal Authority And A Social License To Operate In A Global Context, Hans Lindahl
Indiana Journal of Global Legal Studies
The claim that businesses have a social license to operate acquires concrete form in the second pillar of the U.N. Guiding Principles on Business and Human Rights (UNGPs) in the fundamental distinction between "compliance with all applicable laws" and "respect for human rights." The aim of this paper is to critically examine the presuppositions that undergird this distinction and to explain how and why moving beyond state-centered thinking about law, in response to violations of human rights by globally operating businesses, requires acknowledging that there is one pillar that embraces states and businesses: the legal obligation to comply with international …
To Whom It May Concern: International Human Rights Law And Global Public Goods, Daniel Augenstein
To Whom It May Concern: International Human Rights Law And Global Public Goods, Daniel Augenstein
Indiana Journal of Global Legal Studies
Public goods and human rights are sometimes treated as intimately related, if not interchangeable, strategies to address matters of common global concern. The aim of the present contribution is to disentangle the two notions to shed some critical light on their respective potential to attend to contemporary problems of globalization. I distinguish the standard economic approach to public goods as a supposedly value-neutral technique to coordinate economic activity between states and markets from a political conception of human rights law that empowers individuals to partake in the definition of the public good. On this basis, I contend that framing global …