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Human Rights Law Commons

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Full-Text Articles in Human Rights Law

Income, Work And Freedom, Philip L. Harvey Sep 2004

Income, Work And Freedom, Philip L. Harvey

ExpressO

The ability of public policies to secure the economic and social rights recognized in the Universal Declaration of Human Rights is proposed as a trumping supplement to the utility-maximization criterion of neo-classical welfare economics. Two progressive proposals for ending poverty and promoting personal development and freedom are then compared using this assessment criterion. The first proposal is that society guarantee everyone an unconditional basic income (BI) without imposing work requirements in exchange for the guarantee. The second proposal is that society use direct job creation to provide employment assurance (EA) for anyone who is unable to find decent work in …


Respecting, Protecting And Fulfilling Economic And Social Rights: A Un Security Council?, William Felice May 2004

Respecting, Protecting And Fulfilling Economic And Social Rights: A Un Security Council?, William Felice

Human Rights & Human Welfare

Prepared for presentation at the 2004 International Studies Association Convention. Montreal Quebec, Canada. March 17 – 20, 2004.

Please do not cite this draft manuscript without permission from the author.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken …


The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell Feb 2004

The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell

Stephen Joseph Powell

WTO rules routinely are linked to the inability of nations to make meaningful progress in sharpening environmental and other human rights protections, for example, the failure of the 2002 Johannesburg World Summit on Sustainable Development to usher in any new treaties despite the bright promise of the Rio Earth Summit of the previous decade. The common brief of environmental, medical, and development interest groups is that the market principles of supply and demand, comparative advantage, and non-discrimination on which global trade rules are built have encumbered pursuit by nations of fundamental non-economic objectives that must in any reasoned legal hierarchy …


Whose Right Is It Anyway? Rethinking A Group Rights Approach To International Human Rights, Peter Zwiebach Jan 2004

Whose Right Is It Anyway? Rethinking A Group Rights Approach To International Human Rights, Peter Zwiebach

Human Rights & Human Welfare

A review of:

Rethinking Human Rights for the New Millennium by A. Belden Fields. New York: Palgrave MacMillan, 2003. 244pp.

and

International Human Rights in the 21st Century: Protecting the Rights of Groups edited by James Mayall and Gene M. Lyons. Lanham, MD: Rowman & Littlefield, 2003. 240pp.


Econometric Analyses Of U.S. Abortion Policy: A Critical Review, Jonathan Klick Jan 2004

Econometric Analyses Of U.S. Abortion Policy: A Critical Review, Jonathan Klick

All Faculty Scholarship

No abstract provided.


The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan Dec 2003

The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan

Donald J. Kochan

Increasingly, United States courts are recognizing various treaties, as well as declarations, proclamations, conventions, resolutions, programmes, protocols, and similar forms of inter- or multi-national “legislation” as evidence of a body of “customary international law” enforceable in domestic courts, particularly in the area of tort liability. These “legislative” documents, which this Article refers to as customary international law outputs, are seen by some courts as evidence of jus cogens norms that bind not only nations and state actors, but also private individuals. The most obvious evidence of this trend is in the proliferation of lawsuits against corporations with ties to the …