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The Human Rights Consent Principle, Vijay Padmanabhan
The Human Rights Consent Principle, Vijay Padmanabhan
Vijay M Padmanabhan
One of the most pressing issues facing international human rights law today is when and how to respect the decision of States to consent or decline to international human rights norms. Should human rights treaty monitoring bodies, created to monitor State compliance with treaties, read their respective treaties to create obligations the parties did not contemplate? Is there a core of human rights norms that bind all States irrespective of State dissent? While the answer to these questions has traditionally been no, for the most part, in recent years practice and scholarship have shifted toward yes. The prerogatives of State …
Rationalizing Risks To Cultural Loss In Resource Development, Sari M. Graben
Rationalizing Risks To Cultural Loss In Resource Development, Sari M. Graben
Sari M Graben
Abstract In this article, I consider the implications of culture for valuation of cultural loss in cost benefit analysis. I argue that rational choice models have a difficult time quantifying cultural values because they have yet to grapple with the way experts tasked with cost benefit analysis translate knowledge about cultural worldviews for the purposes of comparison. This translation can alter the valuation of the risk so as to undermine the representation of a loss, rather than identify it. However, instead of rejecting the consideration of cultural loss in cost-benefit analysis outright, I build on dialogical approaches to governance that …
On The Legal Issues (Including Human Rights) Regarding The Prosecution Of Sea Pirates; A Case Of History Repeating Itself?, Barry Dubner, Sara Fredrickson
On The Legal Issues (Including Human Rights) Regarding The Prosecution Of Sea Pirates; A Case Of History Repeating Itself?, Barry Dubner, Sara Fredrickson
Barry Dubner
The International Maritime Bureau (IMB) Piracy Reporting Centre recorded 439 incidents of piracy and armed robbery in 2011 (“armed robbery” is an unfortunate definition of “sea piracy” ) compared to 445 in 2010. Worldwide, in 2011, 45 vessels were hijacked, 176 vessels were boarded, 113 vessels were fired upon, and 155 vessels reported attempted attacks. There were a total of 802 crew members taken hostage, ten were kidnapped and eight were killed as a direct result of the incidents. Those are world-wide statistics. Somali pirates accounted for more than half of all attacks in 2011. While the overall number of …