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Full-Text Articles in Law
International Law In The Boardroom, Kishanthi Parella
International Law In The Boardroom, Kishanthi Parella
Scholarly Articles
Conventional wisdom expects that international law will proceed through a “state pathway” before regulating corporations: it binds national governments that then bind corporations. But recent corporate practices confound this story. American corporations complied with international laws even when the state pathway broke down. This unexpected compliance leads to three questions: How did corporations comply? Why did they do so? Who enforced international law? These questions are important for two reasons. First, many international laws depend on corporate cooperation in order to succeed. Second, the state pathway is not robust, then or now. It is therefore vital to identify alternatives to …
Hard And Soft Law Preferences In Business And Human Rights, Kishanthi Parella
Hard And Soft Law Preferences In Business And Human Rights, Kishanthi Parella
Scholarly Articles
States and non-state actors, such as business organizations and NGOs, have varying preferences among regulatory options in business and human rights. Some actors prefer soft law governance while others advocate for legally binding solutions at the national and international levels. In this essay, I explore some of the factors that may explain why state and non-state actors hold these diverse preferences. I conclude that while some of these preferences may be attributable to the unique advantages of soft lawor hard law, other preferences likely depend on the effects produced by the interaction of both types of law within the broader …
The Information Regulation Of Business Actors, Kishanthi Parella
The Information Regulation Of Business Actors, Kishanthi Parella
Scholarly Articles
A transnational legal order (TLO) is emerging regarding the role of businesses in respecting human rights. This legal order includes multistakeholder initiatives, international organization recommendations and guidelines, NGO certifications, and other voluntary instruments. Many of the norms within this TLO are nonbinding and therefore lack mandatory compliance; what they may possess is persuasive power, particularly when the norms are developed, endorsed, and managed by reputable organizations. It is that reputational, or legitimacy, advantage that matters for encouraging industry associations to comply with the nonbinding norms associated with these organizations. Industry associations and other business actors will gravitate more towards legitimacy …
Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella
Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella
Scholarly Articles
In many industries, corporations have changed the organization of their production from a vertically integrated model to a model that is often characterized by outsourcing-shifting business activities to external parties -and offshoring, where production occurs at sites overseas. The global value chain (GVC) for an American corporation often involves several tiers of suppliers. One end of the GVC is often occupied by a multinational buyer (MNB), such as a large brand name corporation. At the opposite end of the value chain are the factories, farms, and other production sites that supply multinational corporations with their goods. This organization of production …
Outsourcing Corporate Accountability, Kishanthi Parella
Outsourcing Corporate Accountability, Kishanthi Parella
Scholarly Articles
This Article addresses the problem of preventing human rights violations abroad that result from the globalization of business. It specifically explores the challenge of improving labor standards in global value chains. The modern business has changed dramatically and has “gone global” in order to court foreign markets and secure resources, including labor. Familiar household names, such as Nike and Apple, have “outsourced” many of their functions to suppliers overseas. As multinational buyers, they dominate one end of the global value chain. At the opposite end of the value chain are the local managers and owners of the factories and workhouses …
Can And Should Human Rights Themes Impact Decision-Making In A Law School? Reflections From The U.S. Perspective, Nora V. Demleitner
Can And Should Human Rights Themes Impact Decision-Making In A Law School? Reflections From The U.S. Perspective, Nora V. Demleitner
Scholarly Articles
Human rights (HR) issues, which often reveal themselves from a comparative perspective, are not categorized as such in law schools though they lie beneath fundamental structural decisions. Institutional funding and access directly impact educational, social, economic – and racial -- equality. Curriculum development and coverage – in doctrinal courses and so-called "clinics"– require reflection upon the amount of resources expanded on the teaching of human rights, the connections made between human rights and related subject areas, the restriction of human rights discourse to specific courses. Student affairs regularly deal with human rights questions ranging from religious to disability accommodations. The …
From Oblivion To Memory: A Blueprint For The Amnesty, Mark A. Drumbl
From Oblivion To Memory: A Blueprint For The Amnesty, Mark A. Drumbl
Scholarly Articles
This Review Essay examines Mark Freeman’s thoughtful book, Necessary Evils: Amnesties and the Search for Justice. One of the book’s core arguments is that amnesties from criminal prosecution, however unpalatable to liberal legalist sensibilities, should not be entirely purged from the toolbox of post-conflict transitions. Although advancing this argument, Freeman also struggles with it, and ultimately builds a very restrained and heavily technocratic defense of the amnesty. This Review Essay weighs this argument, among others, on its own terms and also within the context of recent events that post-date the book’s publication. The result is a vibrant exposition of …
Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims’ Representatives, David C. Baluarte
Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims’ Representatives, David C. Baluarte
Scholarly Articles
The article focuses on the international law regarding the inter-American human rights system. It informs about the implementation of compliance jurisprudence litigation by the Inter-American Court of Human Rights. It further states that the compliance has encouraged the representatives of the victims to make the litigation more meaningful so that they can get the fair judgment.
Pluralism In Ghana: The Perils And Promise Of Parallel Law, Johanna E. Bond
Pluralism In Ghana: The Perils And Promise Of Parallel Law, Johanna E. Bond
Scholarly Articles
Many states have recognized that minority groups require accommodation to protect them from domination by the majority. Some states have responded by implementing accommodationist policies that cede jurisdiction over certain matters, such as family law, to the minority group. Many multicultural theorists have embraced accommodation as the best way to protect minority groups from oppression by the state. A number of feminists, however, have raised concerns that these accommodationist policies actually increase the vulnerability of women within those accommodated minority communities. In her book Multicultural Jurisdictions, Ayelet Shachar has made a valuable contribution to the theoretical debates surrounding state accommodation …
Rights, Culture, And Crime: The Role Of Rule Of Law For The Women Of Afghanistan, Mark A. Drumbl
Rights, Culture, And Crime: The Role Of Rule Of Law For The Women Of Afghanistan, Mark A. Drumbl
Scholarly Articles
This Article explores the role of rule of law in redressing crimes and human rights abuses committed against the women of Afghanistan. Mainstream discourse approaches the situation binarily, obliging women to choose between international and often distant human rights, on the one hand, or proximate cultural/religious norms, on the other, in order to adjudicate gender crimes. This can lead either to externalized justice or, in the case of the implementation of Afghan local law, to renewed victimization of women in the name of redressing abuses suffered by other women. Local law in Afghanistan is reflected in codes such as the …
The Death Penalty In The United States: Following The European Lead, Nora V. Demleitner
The Death Penalty In The United States: Following The European Lead, Nora V. Demleitner
Scholarly Articles
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