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Status Report On Principles Of International And Human Rights Law Relevant To Climate Change, Katelyn Horne, Maria Antonia Tigre, Michael B. Gerrard
Status Report On Principles Of International And Human Rights Law Relevant To Climate Change, Katelyn Horne, Maria Antonia Tigre, Michael B. Gerrard
Faculty Scholarship
The report aims to provide high-level guidance on the legal issues to be analyzed by the ICJ on the advisory opinion request on climate change. The status report addresses (i) advisory proceedings before the ICJ, including the Court’s jurisdiction and procedure (Section II), and (ii) key legal principles relevant to the request for an advisory opinion, including principles of international environmental law and international human rights law (Section III). The report identified, in a non-exhaustive manner, key relevant principles of international environmental law, key relevant principles of international human rights law, and issues of intergenerational equities that apply to the …
Legal Status And Rights Of Undocumented Workers: Advisory Opinion Oc-18, Sarah H. Cleveland
Legal Status And Rights Of Undocumented Workers: Advisory Opinion Oc-18, Sarah H. Cleveland
Faculty Scholarship
In Advisory Opinion OC-18 of September 17, 2003, the Inter-American Court of Human Rights ruled that international principles of nondiscrimination prohibit discriminating against undocumented migrant workers in the terms and conditions of work. The Court acknowledged that governments have the sovereign right to deny employment to undocumented immigrants, but held that such workers are equally protected by human rights in the workplace once an employment relationship is initiated. In other words, states may not further their immigration policies by denying basic workplace protections to undocumented employees.