Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (32)
- International Humanitarian Law (18)
- Social and Behavioral Sciences (9)
- Comparative and Foreign Law (8)
- Criminal Law (8)
-
- International Trade Law (8)
- Business Organizations Law (7)
- Environmental Law (7)
- Banking and Finance Law (6)
- Land Use Law (5)
- Law and Politics (5)
- Natural Resources Law (5)
- Constitutional Law (4)
- Criminal Procedure (4)
- Dispute Resolution and Arbitration (4)
- Law and Society (4)
- Military, War, and Peace (4)
- Oil, Gas, and Mineral Law (4)
- Political Science (4)
- Securities Law (4)
- Agriculture Law (3)
- Civil Rights and Discrimination (3)
- Courts (3)
- Health Law and Policy (3)
- Immigration Law (3)
- Indigenous, Indian, and Aboriginal Law (3)
- Legal Ethics and Professional Responsibility (3)
- Litigation (3)
- Institution
-
- American University Washington College of Law (9)
- Selected Works (7)
- University of Michigan Law School (6)
- Columbia Law School (4)
- Case Western Reserve University School of Law (2)
-
- U.S. Naval War College (2)
- University of Colorado Law School (2)
- University of Georgia School of Law (2)
- University of South Florida (2)
- Florida International University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Pepperdine University (1)
- Seattle University School of Law (1)
- SelectedWorks (1)
- Singapore Management University (1)
- The University of San Francisco (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University at Buffalo School of Law (1)
- University of Dayton (1)
- University of Denver (1)
- University of Miami Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Washington University in St. Louis (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- Dr. Saumya Uma (5)
- Perspectives (5)
- Columbia Center on Sustainable Investment Staff Publications (3)
- Michigan Journal of International Law (3)
- Articles (2)
-
- Articles in Law Reviews & Other Academic Journals (2)
- Georgia Journal of International & Comparative Law (2)
- International Law Studies (2)
- Societies Without Borders (2)
- Biennial Conference: The Social Practice of Human Rights (1)
- Book Chapters (1)
- Contributions to Books (1)
- FIU Law Review (1)
- Faculty & Staff Scholarship (1)
- Faculty Scholarship (1)
- Genocide Studies and Prevention: An International Journal (1)
- Human Rights & Human Welfare (1)
- Indiana Law Journal (1)
- Journal of African Conflicts and Peace Studies (1)
- Journal of Race, Gender, and Ethnicity (1)
- Machiko Kanetake (1)
- Makau Mutua (1)
- Master's Theses (1)
- Molly K. Land (1)
- Pepperdine Law Review (1)
- Presentations (1)
- Publications (1)
- Research Collection Yong Pung How School Of Law (1)
- Scholarly Works (1)
- Seattle University Law Review (1)
Articles 1 - 30 of 51
Full-Text Articles in Human Rights Law
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Sustainable Development Law & Policy
The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …
Reflections On The Role Of The Panel, Charles Di Leva
Reflections On The Role Of The Panel, Charles Di Leva
Perspectives
Over the past thirty years, the World Bank and the Inspection Panel have had a supportive relationship regarding the principle of accountability, particularly as applied to the field of development finance operations and the role and responsibility of the Bank as a multilateral public sector financial institution. This relationship has been apparent in at least three key aspects: i) following the Bank’s lead, many development institutions around the globe have taken steps to improve their own accountability and developed independent accountability mechanisms (IAMs) modeled on the Inspection Panel; ii) the Bank and other development institutions have been supporting the development …
The Critical Contribution Of Independent Accountability Mechanisms (Iams) To The Global Governance Paradigm, Owen Mcintyre
The Critical Contribution Of Independent Accountability Mechanisms (Iams) To The Global Governance Paradigm, Owen Mcintyre
Perspectives
For several decades now, the environmental and social safeguard policies adopted by international financial institutions (IFIs), along with the related accountability frameworks provided by the independent accountability mechanisms (IAMs) established by each, have been at the very forefront of a global movement to extend good environmental and social governance values to the practice of international development finance. The complex of substantive and procedural standards of institutional conduct required under multilateral development bank (MDB) safeguard policies in respect of the assessment and implementation of bank-funded development projects or activities exemplifies the phenomenon of so-called “transnational” or “global” law - the rich …
Rethinking 'What Counts' As Accountability, Jonathan Fox
Rethinking 'What Counts' As Accountability, Jonathan Fox
Perspectives
The current accountability impasse suggests it may be time to rethink core concepts, as well as the field’s underlying theories of change. The idea of accountability is malleable, ambiguous — and contested. This fuzziness poses challenges for both theory and practice – how do we know what strategies bolster accountability – or whether accountability produces its expected effects? This think piece recognizes the challenge of defining ‘what counts’ as accountability, unpacks a longstanding theory of change - that sunshine is the best disinfectant - and considers some information-based reform initiatives to identify missing links in the causal chain between transparency …
Ending Violence In Development Finance Actions To Affirmatively Prevent And Stop Reprisals Against Rights Defenders, Gregory Berry
Ending Violence In Development Finance Actions To Affirmatively Prevent And Stop Reprisals Against Rights Defenders, Gregory Berry
Perspectives
This Essay makes a case for stronger enforcement and implementation of zero-tolerance policies on reprisals within Development Finance Institutions. It argues that for DFIs to inculcate any hopeful vision of a just and inclusive transition to a sustainable future, they must begin by affirmatively cutting at the roots of reprisals. The essay particularly emphasizes two essential changes. First, Independent Accountability and Audit Mechanisms must be empowered to protect the safety of defenders by self-initiating investigations where there are credible concerns of reprisals, and by accepting anonymously submitted complaints. Second, DFIs must evolve to grow teeth for enforcing measures against retaliatory …
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers
Seattle University Law Review
The Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new …
Thirty Years Of Community-Centered Accountability In International Development Key Developments At The World Bank Inspection Panel, Dilek Barlas
Perspectives
Through the lens of important cases, this essay reflects on major developments that occurred at the Panel during the tenure of the author as the Executive Secretary of the World Bank Inspection Panel and shows how the Panel has evolved to improve accessibility, has influenced overall development policies, and has become a catalyst for institutional change. The essay observes that the Panel’s success has largely been due to its structural and operational independence, reporting as it does directly to the Bank’s Board of Executive Directors. However, there are challenges facing the Panel on certain issues, including most importantly its independence, …
Reparations, Or Hush Money?, Christina Glekas
Reparations, Or Hush Money?, Christina Glekas
Journal of Race, Gender, and Ethnicity
No abstract provided.
Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams
Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams
Georgia Journal of International & Comparative Law
No abstract provided.
Transparency For Whom? Grounding Land Investment Transparency In The Needs Of Local Actors, Sam Szoke-Burke
Transparency For Whom? Grounding Land Investment Transparency In The Needs Of Local Actors, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
Transparency is often seen as a means of improving governance and accountability of investment, but its potential to do so is hindered by vague definitions and failures to focus on the needs of key local actors.
In this new report focusing on agribusiness, forestry, and renewable energy projects (“land investments”), CCSI grounds transparency in the needs of project-affected communities and other local actors. Transparency efforts that seek to inform and empower communities can also help governments, companies, and other actors to more effectively manage operational risk linked to social conflict.
Troublingly, the report finds that:
- Disclosures around land investments continue …
The Facets Of Transitional Justice And 'Red Terror' Mass Trials Of Derg Officials In Post-1991 Ethiopia: Reassessing Its Achievements And Pitfalls, Kinkino Kia Legide
The Facets Of Transitional Justice And 'Red Terror' Mass Trials Of Derg Officials In Post-1991 Ethiopia: Reassessing Its Achievements And Pitfalls, Kinkino Kia Legide
Journal of African Conflicts and Peace Studies
At the end of the state perpetrated largescale violence, two important puzzling questions need to be addressed by post-conflict states. The first one chiefly concern how to ensure accountability or fight impunity, and the second is concerned with how to transform a society wrecked by prolonged conflicts into a durable peace in a non-violent means (Jarstad & Sisk, 2008). One such effort to deal with these questions was implementation of a transitional justice measures which evolved to encompass broader themes in addition to criminal accountability and it has shown a considerable relevance and expansion since the end of Cold War. …
The Legacy Of The Special Court For Sierra Leone: Balancing Different Transitional Justice Elements To Ensure Accountability For Atrocity Crimes, Alpha Sesay
FIU Law Review
No abstract provided.
Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis
Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis
Indiana Law Journal
For-profit, civil immigration detention is one of this nation’s fastest growing industries. About two-thirds of the more than 50,000 people in the civil custody of federal immigration authorities find themselves at one point or another in a private, corporate-run prison that contracts with the federal government. Conditions of confinement in many of these facilities are dismal. Detainees have suffered from untreated medical conditions and endured months, in some cases years, of detention in environments that are unsafe and, at times, violent. Some have died. Yet, the spaces are largely unregulated. This Article exposes and examines the absence of a constitutional …
Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Paul Williams
Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Paul Williams
Articles in Law Reviews & Other Academic Journals
On August 28, 2019, Dr. Paul R. Williams delivered the Bruce J. Klatsky Endowed Lecture on Human Rights at Case Western Reserve University School of Law. This article, based on his lecture, examines how justice has repeatedly found a foothold in peace processes, and how the international community can continue to work towards embedding accountability into peace processes to achieve durable peace. This article traces the arc of accountability in peace processes, from an era of impunity and a period of stepping stones moments, to today’s uncertain moment for post-conflict accountability and justice mechanisms. The author argues that comprehensive transitional …
Rights In Small Places? Participation, Rights And Power In Northern Ireland, Nicola Browne
Rights In Small Places? Participation, Rights And Power In Northern Ireland, Nicola Browne
Biennial Conference: The Social Practice of Human Rights
That a disconnect exists between ordinary people and the world of human rights academia, NGOs and INGOs and the marginalised communities they are intended to serve is undisputed. As the years preceding and following the financial crash have been characterised by increased economic inequality and concentration of power and influence in the hands of a ever-shrinking coterie of elites, human rights as a tool of change have seemed increasingly legalistic, irrelevant and divorced from the people. A case study will be presented of Belfast based rights organisation (Participation and the Practice of Rights - PPR) set up to develop and …
It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin
It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin
Faculty & Staff Scholarship
This essay aims to tackle an increasingly thorny and relevant issue: what do you do if a Transnational Corporation (TNC) commits a crime? The question raises a number of challenges, both philosophically and practically. First, what does it mean to prosecute an organization? Although there are some limited examples (the United States’ prosecution of accounting firm Arthur Andersen being among the most note-worthy), we have relatively little precedence regarding what this would entail; how exactly do you put a corporation on trial? Second, practically speaking, where do you hold the trial? This challenge is magnified by the fact that, by …
Holding U.S. Corporations Accountable: Toward A Convergence Of U.S. International Tax Policy And International Human Rights, Jacqueline Laínez Flanagan
Holding U.S. Corporations Accountable: Toward A Convergence Of U.S. International Tax Policy And International Human Rights, Jacqueline Laínez Flanagan
Pepperdine Law Review
International human rights litigation underscores the inverse relationship between corporate power and corporate accountability, with recent Supreme Court decisions demonstrating increased judicial protections of corporate rights and decreased corporate accountability. This article explores these recent decisions through a tax justice framework and argues that the convergence of international human rights law and U.S. international tax policy affords alternate methods to hold corporations accountable for violations of international law norms. This article specifically proposes higher scrutiny of foreign tax credits and an anti-deferral regime targeting the international activity of U.S. corporations that use subsidiaries to shelter income and decrease taxation while …
A Critique Of Rights In Transitional Justice: The African Experience, Makau W. Mutua
A Critique Of Rights In Transitional Justice: The African Experience, Makau W. Mutua
Makau Mutua
Published in Rethinking Transitions: Equality and Social Justice in Societies Emerging from Conflict, Gaby Oré Aguilar & Felipe Gómez Isa, eds.
This chapter interrogates the concept and application of transitional justice as a medium for the reclamation of post-conflict states in Africa. While it argues that transitional justice is an important – often indispensable – process in reconstructing post-despotic and battered societies, it nevertheless casts a jaundiced eye at traditionalist human rights approaches. It contends that individualist, non-collective, or non-community, approaches to transitional justice have serious limitations. It posits that the Nuremberg model, on which the ICTR and ICTY were …
Medicapt In The Democratic Republic Of The Congo: The Design, Development, And Deployment Of Mobile Technology To Document Forensic Evidence Of Sexual Violence, Karen Naimer, Widney Brown, Ranit Mishori
Medicapt In The Democratic Republic Of The Congo: The Design, Development, And Deployment Of Mobile Technology To Document Forensic Evidence Of Sexual Violence, Karen Naimer, Widney Brown, Ranit Mishori
Genocide Studies and Prevention: An International Journal
This review essay provides an overview of the MediCapt app and the steps Physicians for Human Rights has taken to design, develop, and field-test the app in the Democratic Republic of the Congo. It also explores advocacy opportunities that the app’s emerging technology may facilitate down the road. This review essay also identifies the many challenges and questions that we have grappled with and lessons learned as we seek to deploy MediCapt in a low-resourced and politically unstable context and take it to scale beyond DRC. Finally, in sharing the details of this case study, we hope to emphasize both …
The Settlement Of Investment Disputes: A Discussion Of Democratic Accountability And The Public Interest, Lise Johnson, Brooke Guven
The Settlement Of Investment Disputes: A Discussion Of Democratic Accountability And The Public Interest, Lise Johnson, Brooke Guven
Columbia Center on Sustainable Investment Staff Publications
In this briefing note, CCSI considers the threats to principles of good governance, including government accountability, respect for the rule of law, transparency, and respect for citizens’ rights and interests under domestic law and international human rights norms, that are posed by the settlement of treaty-based investor-state disputes. The authors also consider the exacerbated threats posed by the settlement of disputes that include government counterclaims, and highlight the need for the ISDS reform agenda to include a focus on these issues.
Freedom Of Information Beyond The Freedom Of Information Act, David Pozen
Freedom Of Information Beyond The Freedom Of Information Act, David Pozen
Faculty Scholarship
The U.S. Freedom of Information Act (FOIA) allows any person to request any agency record for any reason. This model has been copied worldwide and celebrated as a structural necessity in a real democracy. Yet in practice, this Article argues, FOIA embodies a distinctively “reactionary” form of transparency. FOIA is reactionary in a straightforward, procedural sense in that disclosure responds to ad hoc demands for information. Partly because of this very feature, FOIA can also be seen as reactionary in a more substantive, political sense insofar as it saps regulatory capacity; distributes government goods in an inegalitarian fashion; and contributes …
Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack
Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack
International Law Studies
Why has the use of chemical weapons in Syria engendered such a substantive multilateral response in stark contrast to almost every other egregious international law violation perpetrated against the civilian population? Various theories have been offered but the explanation has little to do with humanitarian concerns for Syrian victims and is more readily explicable by unusual (in the Syrian context) alignment of U.S. and Russian national interests. Bashar al-Assad was convinced to accede to the Chemical Weapons Convention, to surrender his stockpiles of chemical weapons and to co-operate with international investigators deployed under UN Security Council auspices amid a cacophony …
Mapping War Crimes In Syria, Beth Van Schaak
Mapping War Crimes In Syria, Beth Van Schaak
International Law Studies
This article maps the range of war crimes being committed in Syria with reference to the applicable treaty and customary international law and prospects for prosecution. It begins by presenting the international legal framework employed to determine when an armed conflict began in Syria, how this conflict is classified under international law and which multilateral treaties and customary rules are operative. This framework underlies the determination of which war crimes can be prosecuted, which tribunals might have jurisdiction and which perpetrators may be made subject to indictment. The article next focuses on some open legal and factual issues around certain …
The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna
Master's Theses
Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …
After Atrocity: Optimizing Un Action Toward Accountability For Human Rights Abuses, Steven R. Ratner
After Atrocity: Optimizing Un Action Toward Accountability For Human Rights Abuses, Steven R. Ratner
Michigan Journal of International Law
It is a great honor for me to be here to deliver the John Humphrey Lecture. Humphrey led one of those lives within the UN that shaped what the organization has become today—as one of the first generation of UN civil servants, he was to human rights what Ralph Bunche was to peacekeeping, or Brian Urquhart to UN mediation. To read his diaries, so beautifully edited by John Hobbins, is to see a world that has in many ways vanished, a nearly entirely male club, mostly of Westerners, that hammered out new treaties and mechanisms over fine wine and cigars …
Las Madres De Plaza De Mayo, Then And Now: A Comparative Analysis Of Its Fractured Factions And Lasting Sybolism In Buenos Aires, Argentina, Sondra Anton
Undergraduate Research Symposium Posters
I conducted research on three different factions of the original Madres de Plaza de Mayo cause in Buenos Aires, Argentina: Asociación Madres de Plaza de Mayo, Madres de Plaza de Mayo Línea Fundadora, and Abuelas de Plaza de Mayo. Through interviews and archival research, I have completed a comparison of the three groups. I have concluded that although their original cause of demanding the whereabouts of their disappeared children united them, they are now deeply fragmented among one another due to their differing opinions of how to achieve justice in post-Dirty War Argentina. Furthermore, it is interesting to note the …
Human Rights Obligations And Accountability In The Face Of Climate Change, Marc Limon
Human Rights Obligations And Accountability In The Face Of Climate Change, Marc Limon
Georgia Journal of International & Comparative Law
No abstract provided.
Breaking The Shackled Silence: Unheard Voices Of Women From Kandhamal, Saumya Uma
Breaking The Shackled Silence: Unheard Voices Of Women From Kandhamal, Saumya Uma
Dr. Saumya Uma
Battered And Betrayed: A Report Of Visit To Muzaffarnagar Camps, Saumya Uma, Hasina Khan
Battered And Betrayed: A Report Of Visit To Muzaffarnagar Camps, Saumya Uma, Hasina Khan
Dr. Saumya Uma
Why The Extractive Industry Should Support Mandatory Transparency: A Shared Value Approach, Julien Topal, Perrine Toledano
Why The Extractive Industry Should Support Mandatory Transparency: A Shared Value Approach, Julien Topal, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
The Transparency Amendment, included in the Dodd‐Frank Wall Street Reform and Consumer Protection Act, can be an important tool in curtailing the resource curse that so heavily burdens resource‐rich developing countries by shedding light on opaque payments between the extractive sector and host countries. From the get‐go, however, extractive industry companies have fiercely opposed the new mandatory disclosure requirements as set out in this regulation. The corporate opposition is for the largest part motivated by the fear of a competitive disadvantage that derives from the fact that the amendment is housed with the Securities and Exchange Commission (SEC) and thus …