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Full-Text Articles in International Law
Citizens Of Sinking Islands: Early Victims Of Climate Change, Erin Halstead
Citizens Of Sinking Islands: Early Victims Of Climate Change, Erin Halstead
Indiana Journal of Global Legal Studies
This Note discusses the effects of climate change that threaten Small Island Developing States (SIDS). Specifically, with increasing global greenhouse gas (GHG) emissions resulting in rising sea levels and higher frequency of extreme weather events, many citizens of SIDS are forced abandon their homelands, which are no longer livable. Although SIDS are some of the smallest contributors to GHG emissions, and therefore contribute the least to climate change, SIDS are some of the countries most heavily affected by the negative effects of climate change. The global community has an obligation to accommodate these displaced people, partially due to the significant …
Statehood, Power, And The New Face Of Consent, Sheldon Leader
Statehood, Power, And The New Face Of Consent, Sheldon Leader
Indiana Journal of Global Legal Studies
Individuals and groups are often subjected to power, both public and private, by eliciting their consent. Debate usually focuses on whether or not that consent is freely given or is vitiated by imbalances of strength between the bargaining parties. This essay focuses on a different issue, one that is largely passed over in legal and moral analyses: how far does and should consent bind one to accepting in advance changes in the future? There are signs of a fundamental shift in answering this question-a shift that particularly concerns the control of power in the economy. Industrial democracies may be abandoning …
One Pillar: Legal Authority And A Social License To Operate In A Global Context, Hans Lindahl
One Pillar: Legal Authority And A Social License To Operate In A Global Context, Hans Lindahl
Indiana Journal of Global Legal Studies
The claim that businesses have a social license to operate acquires concrete form in the second pillar of the U.N. Guiding Principles on Business and Human Rights (UNGPs) in the fundamental distinction between "compliance with all applicable laws" and "respect for human rights." The aim of this paper is to critically examine the presuppositions that undergird this distinction and to explain how and why moving beyond state-centered thinking about law, in response to violations of human rights by globally operating businesses, requires acknowledging that there is one pillar that embraces states and businesses: the legal obligation to comply with international …
To Whom It May Concern: International Human Rights Law And Global Public Goods, Daniel Augenstein
To Whom It May Concern: International Human Rights Law And Global Public Goods, Daniel Augenstein
Indiana Journal of Global Legal Studies
Public goods and human rights are sometimes treated as intimately related, if not interchangeable, strategies to address matters of common global concern. The aim of the present contribution is to disentangle the two notions to shed some critical light on their respective potential to attend to contemporary problems of globalization. I distinguish the standard economic approach to public goods as a supposedly value-neutral technique to coordinate economic activity between states and markets from a political conception of human rights law that empowers individuals to partake in the definition of the public good. On this basis, I contend that framing global …
Unpopular Constitutionalism, Mila Versteeg
Unpopular Constitutionalism, Mila Versteeg
Indiana Law Journal
Constitutions are commonly thought to express nations’ highest values. They are often proclaimed in the name of “We the People” and are regarded—by scholars and the general public alike—as an expression of the people’s views and values. This Article shows empirically that this widely held image of constitutions does not correspond with the reality of constitution making around the world. The Article contrasts the constitutional-rights choices of ninety countries between 1981 and 2010 with data from nearly one-half million survey responses on cultural, religious, and social values conducted over the same period. It finds, surprisingly, that in this period, the …
Book Review. Journal Of The National Human Rights Commission, India, Jayanth K. Krishnan
Book Review. Journal Of The National Human Rights Commission, India, Jayanth K. Krishnan
Articles by Maurer Faculty
No abstract provided.
Constitutional Law, Common Market Law, And The European Human Rights Convention, Elisabeth Zoller
Constitutional Law, Common Market Law, And The European Human Rights Convention, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
Constitutionalism In The Global Era, Elisabeth Zoller
Constitutionalism In The Global Era, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.