Law Commons^™

The Fifa World Cup, Human Rights Goals And The Gulf Between, Richard J. Peltz-Steele

Faculty Publications

With Russia 2018 and Qatar 2022 on the horizon, the process for selecting hosts for the World Cup of men’s football has been plagued by charges of corruption and human rights abuses. FIFA celebrated key developing economies with South Africa 2010 and Brazil 2014. But amid the aftermath of the global financial crisis, those sittings surfaced grave and persistent criticism of the social and economic efficacy of sporting mega-events. Meanwhile new norms emerged in global governance, embodied in instruments such as the U.N. Guiding Principles on Business and Human Rights (UNGP) and the Sustainable Development Goals. These norms posit that …

The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Human Development As A Core Objective Of Global Intellectual Property, J. Janewa Oseitutu

Faculty Publications

Global intellectual property obligations shape domestic laws and policies. More than twenty years since the first multilateral trade-based intellectual property agreement, critics contend that global intellectual property law prioritizes intellectual property rights over other interests, and profits over people. Faced with international intellectual-property obligations, nations have been forced to justify laws and policies designed to promote human development in areas such as health and education as exceptions to intellectual property protection. This is the result of legal interpretations that treat the objectives of intellectual property protection and human development as inconsistent with one another. Drawing on the objectives of trade …

The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero

Faculty Scholarship

No abstract provided.

Inventing Legal Combat: Pro-Poor 'Struggles' In The Human Rights Jurisprudence Of The Nigerian Appellate Courts, 1999-2011, Obiora Chinedu Okafor, Basil E. Ugochukwu

Osgoode Legal Studies Research Paper Series

This article deals with the question whether the jurisprudence of Nigeria’s appellate courts has helped advance or impede the struggles of the poor to assert their human rights in the country. The article begins by defining, delimiting, and situating the concepts “struggle” and “human rights as struggle.” It then moves on to identify and discuss the factors that make the struggles that the poor and the subaltern must wage to realize their human rights a tough one. Following this discussion, the article turns its attention to its main focus, i.e., an analytical examination of the ways in which the corpus …

Of Human Dignities, Mark L. Movsesian

Faculty Publications

This paper, written for a symposium on the 50th anniversary of Dignitatis Humanae, the Catholic Church’s declaration on religious freedom, explores the conception of human dignity in international human rights law. I argue that, notwithstanding a surface consensus, no generally accepted conception of human dignity exists in contemporary human rights law. Radically different understandings compete against one another and prevent agreement on crucial issues. For example, the Catholic Church, the Russian Orthodox Church, and the Organization of Islamic Cooperation favor objective understandings which, although they differ among themselves, all tie dignity to external factors beyond personal choice. By contrast, many …

Climate Change And Human Trafficking After The Paris Climate Agreement, Michael Gerrard

Faculty Scholarship

Climate change is a major contributor to migration and displacement. Persistent drought forced as many as 1.5 million Syrian farmers to move to overcrowded cities, contributing to social turmoil and ultimately a civil war that drove hundreds of thousands of people to attempt to cross the Mediterranean into Europe. Drought also worsened refugee crises in the Sahel, the Horn of Africa and other parts of the continent. Climate change can cause displacement in multiple ways. No reliable estimates exist of the number of people who will be displaced partly or wholly by climate change, due to uncertainties concerning the rate …

Book Review, Douglass Cassell

Journal Articles

Reviewing Federico Fabbrini, Fundamental Rights in Europe: Challenges and Transformations in Comparative Perspective (2014)

Fabbrini’s study sheds valuable light on the dynamics that shape the interactions among multiple levels of human rights protection in Europe, and on the consequences for rights protection that tend to ensue. Less successful is his outsized confidence in a comparative approach, especially as applied to political and juridical communities as distinct as the USA and Europe. While the imperfect comparisons yield useful insights, Fabbrini at times overstates their import.