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Articles 1 - 9 of 9
Full-Text Articles in Human Rights Law
Corporate Complicity In International Criminal Law: Potential Responsibility Of European Arms Dealers For Crimes Committed In Yemen, Marina Aksenova
Corporate Complicity In International Criminal Law: Potential Responsibility Of European Arms Dealers For Crimes Committed In Yemen, Marina Aksenova
Washington International Law Journal
This article examines the question of corporate complicity within the framework of international criminal law and, more specifically, at the International Criminal Court (ICC). It does so by referencing a communication to the ICC filed by several non-governmental organizations, inviting the prosecutor to examine potential criminal responsibility of several European corporate officials who are knowingly supplying weapons to the United Arab Emirates/Saudi-led coalition currently engaged in a military offensive in Yemen. This submission raises an important legal question of whether the ICC’s Rome Statute provides for the possibility to hold corporate officials accountable in cases of complicity in gross human …
Race And Representation: The Legislative Council In Hong Kong During The Reign Of Queen Victoria, Dongsheng Zang
Race And Representation: The Legislative Council In Hong Kong During The Reign Of Queen Victoria, Dongsheng Zang
Washington International Law Journal
Black Americans need not be told that racism is not accidental, nor is it marginal in their lives. The rest of the American society does. In fact, race is a foundational consideration in the development of democracy in Anglo- American history. This article attempts to demonstrate, through colonial history of Hong Kong, how white supremacy played a central role in shaping the British colonial policy during the nineteenth century—the reign of Queen Victoria. Hong Kong was ceded to the British Empire when two ideas in Victorian England were competing to dominate its colonial policy: one was anti-slavery, and the other …
American Judicial Rejectionism And The Domestic Court’S Undermining Of International Human Rights Law And Policy After Human Right Violations Have Occurred In The State, Jessika L. Gonzalez
American Judicial Rejectionism And The Domestic Court’S Undermining Of International Human Rights Law And Policy After Human Right Violations Have Occurred In The State, Jessika L. Gonzalez
Washington International Law Journal
Ahmaud Arbery, Breonna Taylor, and George Floyd’s executions ignited protests across the world. These protests raised debate over the United States Supreme Court’s creation of qualified immunity for police misconduct. This in turn creates an appropriate opportunity to stop and take stock of United States law surrounding protections and immunities afforded to law enforcement officials, relative to international law and policy on law enforcement accountability and oversight. In doing so, this article uncovers how the American judiciary carries out a new form of American rejectionism powered by its use of qualified immunity doctrine, which in practice, results in a lack …
Criminalization Is Not The Only Way: Guatemala’S Law Against Femicide And Other Forms Of Violence Against Women And The Rates Of Femicide In Guatemala, Sydney Bay
Washington International Law Journal
Femicide in Guatemala has not decreased over the past twelve years, despite government efforts to curb the practice. In 2008, Guatemala passed the Law Against Femicide and Other Forms of Violence Against Women, which defined and criminalized femicide. The Law also created regulatory agencies and courts focused on stopping femicide and other forms of violence against women in the country, including physical, sexual, emotional, and economic violence. But because the government lacks resources and it has received resistance from the agencies’ local levels, femicide and the violence against women has not diminished. Additionally, recent Supreme Court cases have weakened aspects …
Reckoning: A Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho
Reckoning: A Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho
Washington International Law Journal
Video of George Floyd’s death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d’être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights. Yet, racism, one of the most obvious of such barriers, has been a blind spot for BHR. While the field has contended with gender inequality, there have only been tokenistic nods to intersectional harms caused by business activities. The failure to address racism seriously undermines both the promise of BHR generally and …
Is There A Right To Be Free From Corruption?, Anita Ramasastry
Is There A Right To Be Free From Corruption?, Anita Ramasastry
Articles
Scholars and policymakers have, for some time, focused on the link between corruption and human rights. This has been to illustrate that corruption is not a victimless crime. While this has publicized the impact of corruption on individuals and on society, it has not changed the lack of political will to prosecute many instances of corruption. Thus citizens often stand by as their leaders plunder national treasuries. Rather than focusing solely on human rights, or trying to create a new “human right” to be free from corruption, this article explores the right to a legal remedy for victims of corruption …
White Paper: Options For A Treaty On Business And Human Rights, Anita Ramasastry, Douglass Cassell
White Paper: Options For A Treaty On Business And Human Rights, Anita Ramasastry, Douglass Cassell
Articles
The United Nations Human Rights Council decided in June 2014 to establish an Intergovernmental Working Group to “elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises.” The first meeting of the Working Group took take place in Geneva in July 2015. The Council did not further specify what sort of instrument should be drafted. The Center for Human Rights of the American Bar Association and the Law Society of England and Wales asked the present authors to prepare a “White Paper” on possible options for a treaty …
Introduction: Indigenous Rights In The Pacific Rim, Jonathan A. Franklin
Introduction: Indigenous Rights In The Pacific Rim, Jonathan A. Franklin
Librarians' Articles
The four articles in this issue all contribute to the dialogue surrounding the intersection of indigenous people's rights within international law and domestic actions that conflict with those rights. While the United Nations Declaration on the Rights of Indigenous Peoples and other international law instruments are explicit about how states should act towards indigenous populations, in many cases these nternational instruments conflict with domestic law. There are several reasons for this discrepancy, including states' self-interest, paternalism, and lack of resources needed to address both national concerns and the rights of indigenous peoples.
Ex Parte Young And Federal Remedies For Human Rights Treaty Violations, David Sloss
Ex Parte Young And Federal Remedies For Human Rights Treaty Violations, David Sloss
Washington Law Review
The doctrine of Ex parte Young is typically described as an exception to the immunity granted by the Eleventh Amendment of the U.S. Constitution. This Article contends that the Young doctrine also stands for the proposition that the Supremacy Clause creates an implied right of action for injunctive relief against state and local government officers who violate federal statutes or treaties. That right of action is available to plaintiffs who seek to enforce federal statutes or treaties against government officers unless Congress foreclosed the availability of a Young remedy when it enacted the statute, or the treaty makers foreclosed the …