Human Rights Law Commons^™

Human Rights: A Very Short Introduction By Andrew Clapham, Elsa Hernandez

Buffalo Human Rights Law Review

No abstract provided.

September Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

"The New Colonialists" by Michael A. Cohen, Maria Figueroa Küpçü, and Parag Khanna. Foreign Policy. July/August 2008.

Reflections On Domestic Work And The Feminization Of Migration, Glenda Labadie-Jackson

Campbell Law Review

This Article brings forth some general reflections on domestic work and the feminization of migration, with particular emphasis on the complex interrelation of immigration status, gender, class, and race that takes place in this context. In light of these reflections, the Article concludes by recommending the promulgation of additional national and international regulatory schemes designed to protect the human rights of domestic workers.

Freedom Of Religion, Religious Political Participation, And Separation Of Religion And State: Legal Considerations From Japan, Keiko Yamagishi

BYU Law Review

No abstract provided.

Cosmopolitanism And Rationalizing Tendencies, James Pattison

Human Rights & Human Welfare

When phone-in talk shows, the press, and undergraduates debate the case for cosmopolitan accounts of global distributive justice, there are a number of standard rationalizations given for why we don’t have a duty to help. These include: “we have duties only to our fellow countrymen”; “poverty is caused by corrupt leaders, so not our fault, and therefore not our responsibility“; and “humanitarian aid is counter-productive.” Unlike the other two sorts of rationalization, the latter claim does not necessarily deny the moral cosmopolitanism premise that we have extensive duties to relieve the suffering of those beyond our borders. Rather, it follows …

In With The Old, Out With The New, Brent J. Steele

Human Rights & Human Welfare

Michael Cohen, Maria Figueroa Küpçü and Parag Khanna make some compelling arguments about the inherent drawbacks regarding the role diverse networks of NGOs play in keeping at-risk populations alive throughout the world. We are informed that these groups are “the new colonialists,” agencies much like the old European empires. These new colonialists are apparently enforcing a cycle of dependency which prevents the development of state structures, structures that apparently sustain these populations more effectively. The problem with this thesis is that the authors do not seem to entertain the possibility that the nation-state is itself an (old) colonial construct, and …

Saving Lives: A First Step Toward Freedom Not Dependence, William F. Felice

Human Rights & Human Welfare

During the nineteenth century, European powers extended and deepened their brutal domination of the so-called “uncivilized” (sic) nations and peoples around the world. These efforts were named “colonialist” and were based on the uprooting of indigenous peoples, the export and pillage of natural resources, cultural displacement, direct political control, and economic exploitation and the creation of dependency by the Europeans. While the European states gained colossal economic benefits from these arrangements, the colonized peoples were left with failed states and bad governments. Advocates of these colonialist policies often justified these actions on the basis of a deep-felt ideological belief in …

Nothing "Colonial" About It: Service Delivery And Accountability, Todd Landman

Human Rights & Human Welfare

At one level, there is little in “The New Colonialists” with which I disagree. The necessary state capacity in developing societies for basic service delivery is in many cases absent, significantly weak, or has been corrupted in ways that produce tremendous inequality of access and disproportionate social outcomes that are related to race, ethnicity, poverty, gender, and other categories of social identity. It is true that in the presence of weak state institutions, widespread corruption, and underdeveloped infrastructure, a large number of national and international non-governmental agencies and organizations have sought to redress such imbalances through their work in providing …

Developing An Effective Criminal Justice Response To Human Trafficking: Lessons From The Front Line, Anne T. Gallagher, Paul Holmes

Anne T Gallagher

Trafficking in persons now affects all regions and most countries of the world. Over the past decade, there has been increasing acceptance of the need for an effective, internationally coordinated response. However, the practical difficulties in realizing this goal are considerable. No country can yet lay claim to genuine, extensive experience in dealing with trafficking as a criminal phenomenon. Most are developing and adapting their responses on the run, often under strong political pressure, and principally through trial and error. While communication between national agencies on this issue is improving, there is still very little cooperation or cross-fertilization of ideas …

The Precedent Was Set In The Balkans: If You Look At U.S. And U.N. Actions Honestly, It Becomes Harder To Fault Russia For The Current Situation, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

August Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

"Still knocking, as the doors close." The Economist. June 19, 2008.

Distinction And Loss Of Civilian Protection In International Armed Conflicts, Yoram Dinstein

International Law Studies

No abstract provided.

Coaltion Operations: A Canadian Perspective, Kenneth W. Watkin

International Law Studies

No abstract provided.

Starting From Here, Ashley R. Deeks

International Law Studies

No abstract provided.

Full Volume 84: International Law And Military Operations (2008)

International Law Studies

No abstract provided.

Social Contract In A Borderless World, Daniel J. Graeber

Human Rights & Human Welfare

Addressing the American Political Science Association in 2000, the international relations theorist Robert Keohane of Princeton University noted that effective governance in a globalized world depends more on interstate cooperation and transnational networks than any type of world body. Keohane made the claim that the people and players in a globalized world stand to gain from the system through cooperation across borders and boundaries. Nevertheless, Keohane also observed that the actors may exploit interdependence in that system by transferring blame to others and that, although institutions may be essential, they can also be dangerous. So it is when confronting the …

Who Counts? Refugees And The Politics Of Indifference, Sonia Cardenas

Human Rights & Human Welfare

The contemporary plight of refugees, asylum seekers, and other marginalized groups reveals the limits of international human rights norms. Numerous internationally recognized standards and laws exist for the humane treatment of people. Yet despite enormous progress, the reality is that some people are simply deemed to be less fully human than others. Nationalism and racism underlie popular indifference to today’s unwanted refugees. This is the unspoken truth that lies at the heart of the global refugee problem.

Appealing To The Realist Nature Of The Problem: An Attempt To Find Common Ground, Eric K. Leonard

Human Rights & Human Welfare

Whenever I teach my undergraduate course on human rights, I inevitably have one student who argues that state sovereignty trumps all and that states should act in their “national interest” in regards to issues where human rights and sovereignty clash. They usually continue the argument by stipulating that “human rights” are not defensible unless they are universally accepted, meaning contained in a universally ratified document (and they use the term “universal” literally), because all authority resides in the state. Thus, it is always an interesting discussion when we turn to the issue of migration, and more specifically, refugees.

The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns

International Law Studies

No abstract provided.

People's Tribunal On Torture Karnataka Report, Saumya Uma

Dr. Saumya Uma

Reconstructing Sovereignty: From Control To Responsibility, Eric K. Leonard

Human Rights & Human Welfare

As I stood with a standing-room only crowd last fall at a United Nations University of New York (UNU-ONY) event entitled, "Prevention of Mass Atrocities: From Mandate to Realization," I began to wonder how far the responsibility to protect (R2P) could be stretched. As defined by the UNU-ONY organizers, the purpose of the event was " to explore the work of mass atrocity prevention across the UN system, with a focus on the role of the new Office of the Special Representative for the Prevention of Genocide and Mass Atrocities (SRPGMA)." As I currently look at the international community's response …

The Limits Of Offshoring-Why The United States Should Keep Enforcement Of Human Rights Standards "In-House", John Mckenzie

Indiana Law Journal

No abstract provided.

The Course Of True Human Rights Progress Never Did Run Smooth, Diane Marie Amann

Scholarly Works

As the United States moves toward the inauguration in January 2009 of a new President, greater attention is paid to what the country might do to restore and reinforce its traditional role as a leader in the promotion of human rights. This essay warns against any assumption that innovation alone will assure greater enforcement of rights; its points of reference are not only the current administration, but also one long past, that of President John F. Kennedy. Rather than jump to embrace new, global concepts like responsibility to protect, therefore, it argues for careful pursuit of local change. It then …

Unilateral Home State Regulation: Imperialism Or Tool For Subaltern Resistance?, Sara L. Seck

Osgoode Hall Law Journal

Home state reluctance to regulate international corporate activities in the human rights context is sometimes characterized as an imperialistic infringement of host state sovereignty. This concern may be explicit, or it may be implicit in an expressed desire to avoid conflict with the sovereignty of foreign states. Yet, in the absence of a multilateral treaty directly addressing business and human rights, a regulatory role for home states in preventing and remedying human rights harms is increasingly being suggested. This paper seeks to explore theoretical perspectives that support unilateral home state regulation. Having established that unilateral home state regulation could serve …

Recent Developments In Transnational Human Rights Litigation: A Postscript To Torture As Tort, Francois Larocque

Osgoode Hall Law Journal

Torture as Tort: Comparative Perspectives on the Development of Transnational Tort Litigation marked the first in-depth inquiry by non-US scholars into transnational human rights litigation. In this article, the author canvasses a range of new developments in the field since its publication in 2001. Of special note are five transnational human rights claims, decided after September 11, that were brought in Canadian and British courts. The author mines these cases for insights into other important developments involving the American Alien Tort Statute (Part I) corporate complicity in human rights abuses (Part II) the expansion of common law jurisdiction to include …

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

"Armed and Humanitarian" by Bruce Falconer. Mother Jones. May 19, 2008.

Mission Creep: De-Militarizing Humanitarian Protection, Sonia Cardenas

Human Rights & Human Welfare

Over a decade ago, the U.S. military was warning liberal internationalists about the dangers of "mission creep." Today it is doing the opposite, incorporating relief and development work into its operations. In the devastating aftermath of Cyclone Nargis in Burma , the U.S. military's newfound mission may seem compelling. Unfortunately, expanding the military's role into humanitarian work reflects a flawed logic that should be resisted. There are more promising ways to protect victims of humanitarian disaster.

When Steel And Guns Meets Bread And Butter, Daniel J. Graeber

Human Rights & Human Welfare

Speaking before the 191-member United Nations in 2005, then-British Prime Minister Tony Blair said that "For the first time . we are agreed that states do not have the right to do what they will within their own borders but that we in the name of humanity have a common duty to protect people where their own governments will not." This notion, that of responsible sovereignty , says that nation states forfeit the right to uninterrupted internal freedoms when they no longer uphold the responsibilities associated with sovereignty.

People's Tribunal On Torture Rajasthan Report, Saumya Uma

Dr. Saumya Uma

The 2008 Ruggie Report: A Framework For Business And Human Rights, Christiana Ochoa

Articles by Maurer Faculty

In June 2008, the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie, submitted the final report of his initial three-year mandate. The Report, titled Protect, Respect and Remedy: A Framework for Business and Human Rights, provides a governance-based set of findings and recommendations on the issue of business and human rights. This essay provides a concise description and brief analysis of the Report.