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Articles 1 - 30 of 240
Full-Text Articles in Law
Human Rights Attitudes, Brian K. Gran Phd
Human Rights Attitudes, Brian K. Gran Phd
Societies Without Borders
No abstract provided.
International Differences In Support For Human Rights, Sam Mcfarland Phd
International Differences In Support For Human Rights, Sam Mcfarland Phd
Societies Without Borders
International differences in support for human rights are reviewed. The first of two sections reviews variations in the strength of ratification of UN human rights treaties, followed by an examination of the commonalities and relative strengths among the five regional human rights systems. This review indicates that internationally the strongest human rights support is found in Europe and the Americas, with weaker support in Africa, followed by still weaker support in the Arab Union and Southeast Asia. The second section reviews variations in responses to public opinion polls on a number of civil and economic rights. A strong coherence in …
Review Of Aid In Danger: The Perils And Promise Of Humanitarianism. By Larissa Fast. Philadelphia: University Of Pennsylvania Press, 2014. 326 Pages., Meltem Ince Yeilmez Phd
Review Of Aid In Danger: The Perils And Promise Of Humanitarianism. By Larissa Fast. Philadelphia: University Of Pennsylvania Press, 2014. 326 Pages., Meltem Ince Yeilmez Phd
Societies Without Borders
No abstract provided.
Review Of Silent Violence: Neoliberalism, Islamist Politics And The Akp Years In Turkey. Edited By Simten Coşar & Gamze Yücesan-Özdemir. Ottawa: Red Quill Press, 2012, Susan C. Pearce Phd
Review Of Silent Violence: Neoliberalism, Islamist Politics And The Akp Years In Turkey. Edited By Simten Coşar & Gamze Yücesan-Özdemir. Ottawa: Red Quill Press, 2012, Susan C. Pearce Phd
Societies Without Borders
No abstract provided.
The Political Economy Of Resource Conflicts And Forced Migration: Why Afghanistan, Colombia And Sudan Are The World's Longest Forced Migration, Tarique Niazi Phd, Jeremy Hein Phd
The Political Economy Of Resource Conflicts And Forced Migration: Why Afghanistan, Colombia And Sudan Are The World's Longest Forced Migration, Tarique Niazi Phd, Jeremy Hein Phd
Societies Without Borders
Afghanistan, Colombia, and Sudan are the world’s three longest producers of refugees and internally displaced persons (IDPs). Why? To answer this question, we evaluate the conventional and dominant geopolitical model of forced migration, as well as alternative models that focus on resource-based conflicts and political economy. We demonstrate that in each of the three cases, natural resources are at the heart of the conflicts that precede the involuntary movement of people both across international borders (refugees) and within national borders (IDPs). But the presence of resources by itself does not cause conflicts or forced migration. In Afghanistan, Colombia and Sudan, …
Rainbows For Rights: The Role Of Lgbt Activism In Gay Rights Promotion, Victor Asal Phd, Amanda Murdie Phd, Udi Sommer Phd
Rainbows For Rights: The Role Of Lgbt Activism In Gay Rights Promotion, Victor Asal Phd, Amanda Murdie Phd, Udi Sommer Phd
Societies Without Borders
Are advocacy efforts successful in improving the de jure rights of sexual minorities? In this paper, we argue that the lesbian, gay, bisexual, and transgender (LGBT) rights NGO movement has been a powerful force in the struggle against sexual discrimination. However, the work of LGBT organizations is much harder in areas of the world where pre-existing public attitudes are not supportive of the rights in question. By focusing on the issue of sexual minority rights, we are able to see how underlying public attitude divergence on a human rights issue can influence advocacy success. We test the implications of our …
Who Says Human Rights Are Not Respected? Assessing Local And Third Party Ratings, Rob Clark Phd
Who Says Human Rights Are Not Respected? Assessing Local And Third Party Ratings, Rob Clark Phd
Societies Without Borders
Country ratings of human rights conditions are now quite popular in macro comparative research. However, little is known as to whether (or to what extent) these scores correspond with mass sentiment in each country. Do local ratings issued by the public correspond with third party ratings, such as those produced by the Cingranelli-Richards index (CIRI), the Political Terror Scale (PTS), and Freedom House (FH)? In this study, I address this question, drawing from the most recent wave of the World Values Survey (2010 – 2014), in which respondents from 59 countries are asked to assess the level of respect for …
Migrating Selves: Counteracting An Unwelcoming Ethos Of Reception, Saloshna Vandeyar Phd, Thirusellvan Vandeyar Phd
Migrating Selves: Counteracting An Unwelcoming Ethos Of Reception, Saloshna Vandeyar Phd, Thirusellvan Vandeyar Phd
Societies Without Borders
Utilising the research methodology of narrative inquiry, this study set out to explore how Nigerian immigrant academics counteracted an unwelcoming ethos of reception at a South African university. Data capture comprised a mix of semi-structured interviews, observations, field notes and a researcher journal. Data was analysed utilising qualitative content analysis. Findings reveal that the resiliency process of Nigerian immigrant academics was triggered by ecological sources within the context of the academe and surfaced in the form of resilient qualities. Nigerian immigrant academics drew on specific internal assets and external resources to circumvent the effects of various stressors as well as …
Review Of Deported: Immigrant Policing, Disposable Labor, And Global Capitalism. By Tanya M. Golsh-Boza. New York: Nyu Press, 2015., Katie Dingeman Phd
Review Of Deported: Immigrant Policing, Disposable Labor, And Global Capitalism. By Tanya M. Golsh-Boza. New York: Nyu Press, 2015., Katie Dingeman Phd
Societies Without Borders
No abstract provided.
Notes From The Field: It’S Not About Love: Brazilian Social Work Celebrates 80 Years In The Fight For Social Rights, Jane Mcpherson Phd, Mph, Lcsw
Notes From The Field: It’S Not About Love: Brazilian Social Work Celebrates 80 Years In The Fight For Social Rights, Jane Mcpherson Phd, Mph, Lcsw
Societies Without Borders
In 2016, Brazilian social work celebrated 80 years of existence. This writer, a U.S. social worker, traveled south to participate in the celebrations, and to observe—and reflect upon—the role of human rights activism in the practice of our shared profession. This article will discuss both Brazil’s history and its social work profession as they relate to human rights, and highlight ways that Brazilian social workers speak about human rights that challenge the author to become a better social worker and educator.
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
Brooklyn Journal of International Law
As part of the U.K.’s electronic surveillance program, the Government Communications Headquarters (GCHQ), started in 1909 to combat German Spies, now collects metadata from both foreigners and its own citizens. Through the express statutory authority of the Regulation of Investigatory Powers Act of 2000 (RIPA), and a loophole in section 94 of the Telecommunications Act of 1984, the GCHQ collects metadata, which is all of the information that is extrinsic to the actual contents of a communication. The GCHQ can request an authorization from a public authority—a member of its own staff—to collect traffic data, service use information, or subscriber …
Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach
Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach
Brooklyn Journal of International Law
The United Nations Convention on the Rights of the Child (CRC)—the human rights treaty ratified by the most States Parties—is binding international law which enumerates the rights guaranteed to all children worldwide. Despite the widespread ratification of the CRC, many countries lack the proper legislation and agencies to ensure that these rights are afforded to all children. One such country is Bangladesh. A relatively new country, Bangladesh gained its independence in 1971 and was one of the first twenty countries to ratify the CRC. Notwithstanding this eagerness to promote children’s rights, Bangladeshi children suffer from a high level of abuse …
The Violent Persecution Of The Iranian Bahá’Í: A Call To Take A Human Capabilities Approach To Defining Genocide, Camilia R. Brown
The Violent Persecution Of The Iranian Bahá’Í: A Call To Take A Human Capabilities Approach To Defining Genocide, Camilia R. Brown
Brooklyn Journal of International Law
Iran is home to an estimated 300,000 members of the Bahá’í faith, a global religion that originated in Iran in the early nineteenth century. Since the faith’s inception, thousands of Bahá’ís have been killed, imprisoned, and tortured. Today, they are unable to attend colleges and universities, hold business licenses, bury their dead, or gather for worship. Since the Islamic Revolution in 1979, the current regime has worked to systemically impede the progress of the Bahá’í community. While hundreds of Bahá’ís have died at the hands of the current regime, the high threshold for bringing a case under the intent prong …
North Korea And The Madonna Of Czestochowa, Michael Donald Kirby The Honourable
North Korea And The Madonna Of Czestochowa, Michael Donald Kirby The Honourable
The University of Notre Dame Australia Law Review
No abstract provided.
Personhood Under The Fourteenth Amendment, Vincent J. Samar
Personhood Under The Fourteenth Amendment, Vincent J. Samar
Marquette Law Review
This Article examines recent claims that the fetus be afforded the status of a person under the Fourteenth Amendment. It shows that such claims do not carry the necessary objectivity to operate reasonably in a pluralistic society. It then goes on to afford what a better view of personhood that could so operate might actually look like. Along the way, this Article takes seriously the real deep concerns many have for the sanctity of human life. By the end, it attempts to find a balance for those concerns with the view of personhood offered that should engage current debates about …
The Corporate Face Of The Alien Tort Claims Act: How An Old Statute Mandates A New Understanding Of Global Interdependence, Lorelle Londis
The Corporate Face Of The Alien Tort Claims Act: How An Old Statute Mandates A New Understanding Of Global Interdependence, Lorelle Londis
Maine Law Review
In the past thirty-five years, international human rights lawyers and, more recently, international environmental lawyers, have been invoking the Alien Tort Claims Act (ATCA) as a tool to prosecute human rights abuses committed abroad by transnational corporations (TNs) in U.S. federal courts. The ATCA provides: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” Although plaintiffs' lawyers have experienced some success in the human rights context, most claims of environmental abuses have failed. In all these …
For The Greater Good: The Subordination Of Reproductive Freedom To State Interests In The United States And China, Marisa S. Cianciarulo
For The Greater Good: The Subordination Of Reproductive Freedom To State Interests In The United States And China, Marisa S. Cianciarulo
Akron Law Review
This Article provides a comparative analysis of two very different restrictions on reproductive freedom that have startling parallels and similarities. Both China and the United States impose limits on reproductive freedom: China restricts the number of children that families can have, often in ways that violate international law, while some U.S. states have attempted to restrict access to abortion in ways that violate the precepts of Roe v. Wade as well as international law. Both China and U.S. states impose restrictions on reproductive freedom in order to achieve compelling state goals: protecting development and sustainability in China, and protecting prenatal …
Reconciling The Sanctity Of Human Life, The Declaration Of Independence, And The Constitution, Paolo Torzilli
Reconciling The Sanctity Of Human Life, The Declaration Of Independence, And The Constitution, Paolo Torzilli
The Catholic Lawyer
No abstract provided.
The Definition Of Slave Labor For Criminal Enforcement And The Experience Of Adjudication: The Case Of Brazil, Carlos H. B. Haddad
The Definition Of Slave Labor For Criminal Enforcement And The Experience Of Adjudication: The Case Of Brazil, Carlos H. B. Haddad
Michigan Journal of International Law
The paper examines the intersections and differences between “slave labor” as used in the Brazilian domestic sphere and “slave labor” as applied to international law. The former shows an approach centered on criminal law, as opposed to human rights law. This paper explains why degrading working conditions and debilitating workdays should continue to be prohibited and punished. It also compares the sanctions of the Brazilian Criminal Code with those of similar crimes in other jurisdictions. It concludes with a discussion of the current bill proposed by Senator José Sarney, which would replace the current definition with one that more closely …
United Nations Against Slavery: Unravelling Concepts, Institutions And Obligations, Vladislava Stoyanova
United Nations Against Slavery: Unravelling Concepts, Institutions And Obligations, Vladislava Stoyanova
Michigan Journal of International Law
The article starts with a section containing a historical description (Part I). The turn to broader historical accounts is apposite since the engagement of international law with slavery, servitude, and forced labor predates the emergence of international human rights law. It is also important to clarify whether there is any continuity between these earlier engagements of international law and Article 8 of the ICCPR. When it comes to slavery, it is important to consider the practices to which this label was attached and how this still influences the contemporary understanding of the term. Notably, the terminological fragmentation between slavery and …
International Law And Contemporary Slavery: The Long View, Rebecca J. Scott
International Law And Contemporary Slavery: The Long View, Rebecca J. Scott
Michigan Journal of International Law
The three essays in this special issue come together to confirm the value of exploring varying domestic expressions of and adaptations to international legal ideals. In each polity, lawmakers have viewed the terms “slavery” and “slave labor” in part through a domestic historical lens, and have drafted (or failed to draft) legislation accordingly. The United States inherited core concepts dating back to the moment of abolition of chattel slavery, and thus initially built its prohibitions of modern slavery on nineteenth-century rights guarantees and anti-peonage statutes, later reinforced by modern concepts of human trafficking. Having just emerged from a long dictatorship, …
Water Security, Rhett B. Larson
Water Security, Rhett B. Larson
Northwestern University Law Review
Climate change, as the dominant paradigm in natural resource policy, is obsolete and should be replaced by the water security paradigm. The climate change paradigm is obsolete because it fails to adequately resonate with the concerns of the general public and fails to integrate fundamental sustainability challenges related to economic development and population growth. The water security paradigm directly addresses the main reasons climate change ultimately matters to most people—droughts, floods, plagues, and wars. Additionally, this new proposed paradigm better integrates climate change concerns with other pressing global sustainability challenges—including that economic development and population growth will require 50% more …
Human Trafficking And Pornography: Using The Trafficking Victims Protection Act To Prosecute Trafficking For The Production Of Internet Pornography, Allison J. Luzwick
Human Trafficking And Pornography: Using The Trafficking Victims Protection Act To Prosecute Trafficking For The Production Of Internet Pornography, Allison J. Luzwick
Northwestern University Law Review
The Trafficking Victims Protection Act of 2000 (TVPA) was passed to “combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims.”1 Since the passing of the Act, federal courts have construed the statute broadly to achieve this stated purpose. One way in which the TVPA has been underutilized, however, is in prosecuting pornography cases. Pornography enjoys wide latitude under the law, protected by a vast net of First Amendment protections. While these protections may preserve freedom of speech, they do nothing …
Oliari And The European Court Of Human Rights: Where The Court Failed, Vito John Marzano
Oliari And The European Court Of Human Rights: Where The Court Failed, Vito John Marzano
Pace International Law Review
The European Court of Human Rights revisited the issue of legal recognition for same-sex partnerships on July 21, 2015 when it decided Oliari and Others v. Italy. This Note explores the implications of that decision and what it may mean for same-sex couples within Italy and throughout the Council of Europe. Through a careful analysis of the decision, this Note concludes that Oliari provides slight yet important movement on the issue of a Contracting State’s obligation to afford legal recognition for same-sex partnerships, but a practical implementation of the Court’s holding likely will yield little additional movement in more conservative …
Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez
Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez
Sustainable Development Law & Policy
No abstract provided.
Benefitting From Sustainable Development, Victoria Frappaolo
Benefitting From Sustainable Development, Victoria Frappaolo
Sustainable Development Law & Policy
No abstract provided.
Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt
Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt
Sustainable Development Law & Policy
Distributed Energy Storage (“DES”) technologies that allow households and businesses to store substantial amounts of electricity on site are rapidly advancing and could soon have dramatic impacts on the nation’s electricity generation, transmission, and distribution markets. These technologies could provide numerous benefits, including enhanced energy security, grid stability, and greater support for renewable generation technologies, but several obstacles are slowing their adoption throughout the country. Among these obstacles are stubbornly high manufacturing costs and the potential impacts of DES development on utilities and the traditional energy regulatory framework. Fortunately, policymakers in California, New York, Hawaii, and some other states are …
Appraising The Role Of The Ifc And Its Independent Accountability Mechanism: Community Experiences In Haiti’S Mining Sector, Kate Nancy Taylor
Appraising The Role Of The Ifc And Its Independent Accountability Mechanism: Community Experiences In Haiti’S Mining Sector, Kate Nancy Taylor
Sustainable Development Law & Policy
No abstract provided.
Green Is Good: How Green Bonds Cultivated Into Wall Street’S Environmental Paradox, Luke Trompeter
Green Is Good: How Green Bonds Cultivated Into Wall Street’S Environmental Paradox, Luke Trompeter
Sustainable Development Law & Policy
When the European Investment Bank issued the first green bond in 2007, few imagined this debt instrument would attract mainstream investors. Designed to finance projects ranging from climate change prevention to clean transportation development, green bonds were geared for socially responsible investors concerned with our planet’s sustainability. However, by 2015, green bonds were issued by major corporations like Apple and municipalities like New York City at a record $40 billion. Major players on Wall Street have taken notice and look to cash in on the rapidly growing green bond market. With this new influx of investment and the bonds’ tax-exempt …