Human Rights Law Commons^™

Human Trafficking And Refugee Law, Vladislava Stoyanova

Vladislava Stoyanova

No abstract provided.

Myth: Hard Work And Credentials Determine Employment Opportunities

Alev Dudek

Handbook On Human Rights And The Middle East And North Africa, Anthony Chase

Anthony Chase

No abstract provided.

Human Trafficking And Slavery Reconsidered. Conceptual Limits And States' Positive Obligations, Vladislava Stoyanova

Vladislava Stoyanova

By reconsidering the international law definitions of human trafficking, slavery, servitude and forced labour, the book demonstrates that in embracing the human trafficking legal framework the international community side-lined the human rights commitments against slavery, servitude and forced labour that in many respects provide better protection for abused migrants. This development urgently requires a reversal and the book proposes two corrective steps. The first is placing a renewed emphasis on the human rights law concepts of slavery, servitude or forced labour, and on determining their definitional scope. The second entails a clearer understanding of states’ positive human rights obligations corresponding …

Targeted Killing: A Legal And Political History, Markus Gunneflo

Markus Gunneflo

Looking beyond the current debate’s preoccupation with the situations of insecurity of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relation of sovereign authority and lawful violence underpinning the modern state system. The book details the legal and political issues raised in targeted killing as it has emerged in practice including questions of domestic constitutional authority, the norms on the use of force in international law, the law of targeting and human rights. The distinctiveness of Israeli and US targeted killing is accounted for …

The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow

Kevin Crow

The United Nations Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment Or How It Is Still Better To Light A Candle Than To Curse The Darkness, Obiora Okafor

Obiora Chinedu Okafor

No abstract provided.

Digital Copyright Enforcement Measures And Their Human Rights Threats, Peter K. Yu

Peter K. Yu

No abstract provided.

'Visions Of A Distant Millennium'? The Effectiveness Of The Un Human Rights Petition System, Darren O'Donovan, Patrick Keyzer

Darren O'Donovan

Extract: A later injunction of the then UN Secretary-General: 'We must move from an era of legislation to an era of implementation', represents a fundamental challenge to the norm-laden, fragmented UN human rights treaty system. The past decade has seen much academic work questioning its effectiveness. The question whether international monitoring bodies can cross conceptual, political and cultural barricades to ensure outcomes for individuals is at the core of a new focus upon implementation. Despite the ever-expanding corpus of human rights instruments, an allegation can be made that 'without (an) understanding of the connection of law and behaviour, an explanation …

The Diplomatic Disputes Between The Holy See And The Irish State 2009-2012: A Legal Analysis, Darren O'Donovan

Darren O'Donovan

The diplomatic dispute that erupted between Ireland and the Holy See concerning the reports of Commissions of Investigation into child abuse in the dioceses of Cloyne1 and Dublin2 provoked critical reflection on a traditionally privileged bilateral relationship. It should also be viewed as having made a highly significant contribution to broader debates concerning the Holy See’s status under international law. The Holy See’s uniquely opaque and sui generis status contributed to the unprecedented tension between it and the Irish State during the diplomatic controversies.

Where Do Patent Rights Fit Within The Human Rights Framework?, Peter Yu

Peter K. Yu

No abstract provided.

Notes From A New Underground: The Intersection Of Russian Orthodoxy, Religious Liberty, Lgbt Rights, And State Authority, John Ehrett

John Ehrett

Current laws in the Russian Federation impose sanctions against both speech deemed offensive to Russia’s traditional religious groups and speech considered “propaganda” of the lesbian, gay, bisexual, and transgender (LGBT) community. This Article offers a contemporary examination of the historical, cultural and political forces underlying these ongoing trends, and offers an interdisciplinary consideration of issues surrounding the intersection of liberty of religious expression with liberty of LGBT expression in Vladimir Putin’s Russia. This is historically contextualized through consideration of the political integration of church and state as a contributing factor toward limitations on these political freedoms. Ultimately, a vision of …

The Interaction Between Human Rights Case Law – Convergence Or Competition. Forthcoming, Ida Elisabeth Koch

Ida Elisabeth Koch

No abstract provided.

Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Within The Common European Asylum System, Matthew Scott

Matthew Scott

Extreme weather events have the potential to cause serious harm and can contribute to displacement. Such events are expected to increase in frequency and/or intensity as a consequence of climate change. It is therefore of concern that there is widely considered to be a protection gap when affected individuals cross an international border. However, apart from a handful of cases in Australia and New Zealand, the contours of this perceived gap have not been fully explored in practice. In its judgment in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment, the High Court of New Zealand …

Statsborgerskab, Forthcoming, Ida Elisabeth Koch

Ida Elisabeth Koch

No abstract provided.

Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas

Jude A Thomas

Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation …

Suspicious Rights: Pealing Back The Principle Of Separation, Jihan A. Kahssay

Jihan A Kahssay

No abstract provided.

Conference On Draft Convention On Rights Of Forcibly Expelled Persons, Daniel Kanstroom

Daniel Kanstroom

On May 1-3, Center Interim Director, and Post-Deportation Human Rights Project Director, Dan Kanstroom convened a group of scholars and activists at Boston College’s Connors Center in Dover, MA, for a major conference to discuss the newly created Draft Convention on Rights of Forcibly Expelled Persons.

Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Following New Zealand’S Teitiota Judgment, Matthew Scott

Matthew Scott

Extreme weather events have the potential to cause serious harm and can contribute to displacement. Such events are expected to increase in frequency and/or intensity as a consequence of climate change. It is therefore of concern that there is widely considered to be a protection gap when affected individuals cross an international border. However, apart from a handful of cases in Australia and New Zealand, the contours of this perceived gap have seldom been tested in practice. Most recently, the High Court of New Zealand in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment described a …

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …

Access To Protection: Negotiating Rights And Diplomatic Assurances Under Memoranda Of Understanding, Mariagiulia Giuffré

Mariagiulia Giuffré

With the pretext of the global ‘war on terror’, States have repatriated a notable number of individuals who are considered threats to the public safety of the host country. Expulsion orders have often been issued on the basis of Memoranda of Understanding (MoUs)—written accords that enumerate a long list of undertakings dictating guarantees for the fair and human treatment of returnees. This paper aims to investigate whether the implementation of diplomatic assurances, whether formalized or not within MoUs, can undermine core refugee rights. Through a detailed review of international human rights case law, it observes that the text of MoUs …

Forced Migration(S): Critical Perspectives On Refugee Law, Mariagiulia Giuffré

Mariagiulia Giuffré

No abstract provided.

Social Assistance For Immigrants And Refugees In Denmark: A Judgment And A Prophecy, Ida Elisabeth Koch

Ida Elisabeth Koch

No abstract provided.

The European Convention On Human Rights And The Protection Of Socio-Economic Demands, Ida Elisabeth Koch

Ida Elisabeth Koch

No abstract provided.

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

Kevin Crow

U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales

Dominique Lochridge-Gonzales

U.S.-Latin American Free Trade Agreements and Access to Medicine analyzes the effects of FTA provisions on access to medicine. Access to medicine lies at the heart of the crossroads between the international human right to health and international intellectual property law delineated in TRIPS. True availability of essential medicines to millions of people depends on a balance between the formations of these medicines in the first place (through rewarding innovation) and promulgating rules that allow for practicable access to those medicines. FTAs provide a method for implementing the right to health by fostering practicable access to essential medicines in the …

Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson

Michael P. Johnson

Fifteen Years and Death is a Note that considers a completely novel application of the Double Jeopardy Clause to excessive time on death row. Traditionally, death penalty opponents have attacked the now fifteen-year average wait time on death row as a violation of the Eighth Amendment’s prohibition on cruel and unusual punishments, but this argument has fallen flat time and time again as courts have been reluctant to find merely living in prison to be “cruel” or “unusual.” Most courts do admit, however, that such time on death row does constitute some sort of punishment. As originally imagined, the Double …

Commentary On Cedaw Article 6, Janie Chuang

Janie A Chuang

No abstract provided.

The Significance Of Korematsu V. United States In The Modern Day, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.