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Transnational Law

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Selected Works

2014

Human rights

Articles 1 - 3 of 3

Full-Text Articles in Law

Should Or Must?: Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labour, And Other Human Rights, Stephen J. Powell Dec 2014

Should Or Must?: Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labour, And Other Human Rights, Stephen J. Powell

Stephen Joseph Powell

This article examines whether customs, treaties, and historical facts have caused the ethical human rights obligations of economically powerful states to assume a legal quality. The author argues that the legal quality of these obligations may arise from the global harm principle of international law and human rights obligations found in treaties. As a consequence, states may be held accountable for the human rights violations of transnational corporations. Further, the author examines the possibility of pursuing claims under the U.S. Alien Tort Statute for torts committed in violation of international treaties as another avenue for enforcing human rights obligations.


Sexual Labor And Human Rights, Berta E. Hernández-Truyol, Jane E. Larson Nov 2014

Sexual Labor And Human Rights, Berta E. Hernández-Truyol, Jane E. Larson

Berta E. Hernández-Truyol

In this Article, we engage the current human rights debate that dichotomizes prostitution either as a modern form of slavery or as the exercise of the right to work. This framework effectively sets up a coercion/consent polarity. These poles raise fundamental human rights issues; both the prohibition against slavery and the right to work are matters addressed by and central to the international human rights paradigm. Yet we argue in this Article that the human rights issues raised by prostitution cannot properly be studied nor moved towards meaningful resolution in the context of the prevailing polarity. Prostitution in its current …


From Kiobel Back To Structural Reform: The Hidden Legacy Of Holocaust Restitution Litigation, Leora Bilsky, Rodger D. Citron, Natalie R. Davidson Jun 2014

From Kiobel Back To Structural Reform: The Hidden Legacy Of Holocaust Restitution Litigation, Leora Bilsky, Rodger D. Citron, Natalie R. Davidson

Rodger Citron

This paper offers a new approach to the issue of transnational corporate liability for human rights violations and more generally an inquiry into the place of domestic legal experiences in theorizing about transnational law. Grounded in a study of the Holocaust restitution litigation of the 1990s, we explain corporate liability as a type of bureaucratic liability and explore in depth the relationship between the Holocaust litigation and the theory of structural reform litigation developed in the U.S. to address the bureaucratic structure of rights violations. We read the restitution litigation in light of pluralist reformulations of structural reform, in which …