Law Commons^™

Beyond Ruggie’S Guiding Principles On Business And Human Rights: Charting An Embracive Approach To Corporate Human Rights Compliance, Robert C. Blitt

Scholarly Works

To what extent should or must a corporation contemplate international human rights law? Following a brief discussion of the increasing influence of transnational corporations and global business transactions, as well as the growth of the international human rights system, this Article uses the 2011 United Nations’ Guiding Principles on the effective prevention of, and remedy for, business-related human rights harm as a jumping-off point for addressing the most recent developments related to identifying and regulating business-related human rights practices. After identifying an emerging divide between endorsement and criticism of the Guiding Principles, the Article concludes with a forward-looking view, arguing …

Proportionality In Interpreting Constitutions: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Few rights that are guaranteed by constitutions and bills of rights are expressed to be absolute. In many jurisdictions, the legislature is permitted to impose restrictions on rights for specified reasons and under particular conditions. However, constitutional or bill of rights text often do not expressly indicate how the courts should determine that applicants’ rights have been legitimately restricted. To this end, courts in jurisdictions such as Canada and the United Kingdom have adopted the European doctrine of proportionality. Essentially, this requires them to balance opposing types of public interests – the interest sought to be protected by the rights …

A Legal Standard For Post-Colonial Land Reform, Amelia Peterson

Amelia Peterson

This article proposes a legal standard for the design of post-colonial land redistribution policies. It confronts the complex interface between the need for land reform to alleviate land pressure in many developing countries, and the importance of upholding the idea of property. Regardless of which side of the post-colonial milieu we most quickly sympathize with, human rights law removes the tendency to seek out the victim by framing its language in terms of the homo sapien, not one particular race, gender, or economic status. It is in the interest of the various stakeholders enmeshed in post-colonial land imbalance debates and …

International Human Rights And United States Law: Predictions Of A Courtwatcher, Martha F. Davis

Martha F. Davis

No abstract provided.

Occupy Wall Street And International Human Rights, Martha F. Davis

Martha F. Davis

This article employs a human rights lens to examine the extreme economic inequality targeted by Occupy Wall Street (OWS). First, I look at the fundamental question of whether such economic inequality constitutes a human rights violation. To analyze that question, I begin by examining the extent to which poverty has been deemed to raise international human rights concerns, finding that international human rights institutions have generally addressed poverty by focusing on the ways in which poverty frustrates the exercise of substantive and procedural human rights. I then use a similar lens to examine the issue of economic inequality, concluding that …

Civilian Impact Of Covert Drone Operations Overlooked, Human Rights Clinic

Human Rights Institute

WASHINGTON, DC Sept. 30, 2012 — As US covert drone strikes become more entrenched as an accepted counterterrorism strategy, the US government needs to conduct a thorough accounting of the impact on civilians, said a new report released today by Columbia Law School’s Human Rights Clinic and Center for Civilians in Conflict.

August 24, 2012: Abortion And Rape, Bruce Ledewitz

Hallowed Secularism

Blog post, “Abortion and Rape“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Does Justice Always Require Prosecution? The International Criminal Court And Transitional Justice Measures, Elizabeth B. Ludwin King

Elizabeth B Ludwin King

Two provisions of the Rome Statute of the International Criminal Court (ICC), those regarding complementarity and discretion to decline “in the interests of justice,” give the ICC Prosecutor the ability to yield to a state that wants to undertake its own transitional justice program. Given the global preference for the imposition of individual criminal liability for serious international crimes, as evidenced by the creation of the ICC, it is highly likely that most such programs will involve prosecution. This Article asks whether the ICC Prosecutor might step aside when faced with a state that favors other mechanisms of accountability and …

Christianity In China: Maintaining Social Order Trumps Religious Freedom, Tina M. Trunzo-Lute

Tina M Trunzo-Lute

China is a powerful country with a population of 1.3 billion and the world’s second largest economy. While China excels in many areas, it lacks in providing religious freedom to its citizens. China has a few safeguards in place for religious believers, including the ratification of the ICESCR and provisions in its constitution. However, the inconsistent application of the safeguards and the government’s ultimate goals of furthering socialism and maintaining social order inhibit Christians in China from having the ability to freely and openly practice their religion without fear of persecution. This fear has thrust millions of Christians into illegal …

The Human Rights Council And The Convergence Of Humanitarian Law And Human Rights Law, Daphne Richemond-Barak

Daphne Richemond-Barak

This Article examines and challenges the assumption that the Human Rights Council can and ought to address violations of international humanitarian law. Though envisaged as the main guardian of human rights within the United Nations system, the Human Rights Council views its mandate as encompassing both human rights and international humanitarian law. This extension of its mandate to humanitarian law is not entirely surprising, given the close relationship between IHL and human rights law. Yet, a comparison with other human rights bodies shows that the Council has gone further and with less caution than any other human right body called …

Babies Without Borders: Human Rights, Human Dignity And The Regulation Of International Commercial Surrogacy, Yasmine Ergas

Yasmine Ergas

In recent decades, a robust international market in commercial reproductive surrogacy has emerged. But, as German citizens Jan Balaz and Susan Lohle discovered when they struggled to engineer the last-minute diplomatic compromise that saved their commissioned twins from becoming wards of the Indian state, conflicts among legal frameworks have placed the children born at risk of being “marooned, stateless and parentless.” States have tried to address the individual dramas through ad hoc solutions – issuing emergency entry documents for children caught at borders or compelling administrative authorities to recognize birth certificates related to surrogacy arrangements that run counter to domestic …

Babies Without Borders: Human Rights, Human Dignity And The Regulation Of International Commercial Surrogacy, Yasmine Ergas

Yasmine Ergas

In recent decades, a robust international market in commercial reproductive surrogacy has emerged. But, as German citizens Jan Balaz and Susan Lohle discovered when they struggled to engineer the last-minute diplomatic compromise that saved their commissioned twins from becoming wards of the Indian state, conflicts among legal frameworks have placed the children born at risk of being “marooned, stateless and parentless.” States have tried to address the individual dramas through ad hoc solutions – issuing emergency entry documents for children caught at borders or compelling administrative authorities to recognize birth certificates related to surrogacy arrangements that run counter to domestic …

Freedom From Fear: International Law As A Constructive Force For Supporting American Foreign Policy, Winston Nagan

Winston P Nagan

This article reveiews the history of the trend in the United States Supreme Court for the strong application of international law as a part of U.S. law. It reviews the judicial practice as well as the influence of extra-judicial factors such as exceptionalism and isolationism. This article reflects on the contemporary problems which have generated a secepticism of international law and seeks to clarify the compatability of the most defensible values of U.S. foreign policy and those of the U.N. Charter.

The Boston Principles: An Introduction, Hope Lewis, Rachel E. Rosenbloom

Hope Lewis

This commentary introduces the Draft Boston Principles on the Economic, Social, and Cultural Rights of Noncitizens. The Draft Boston Principles are the outcome of "Beyond National Security: Immigrant Communities and Economic, Social, and Cultural Rights," an institute held at Northeastern University School of Law in Boston, Massachusetts (United States of America) on October 14-15, 2010. Convened by the Program on Human Rights and the Global Economy (PHRGE) with the sponsorship of the Ford Foundation and the Human Rights Interest Group of the American Society of International Law, the institute brought together leading immigrants' rights attorneys, human rights advocates, and scholars …

International Rights Of Older Persons: What Difference Would A New Convention Make To Lives Of Older People?, Israel Doron, Itai Apter

Marquette Elder's Advisor

This article tries to answer the following question: What difference, if any, would a new convention on the rights of older persons make to the lives of older people in light of the previous experiences with the Convention on the Eliminations of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC)? In order to answer this question, the authors focus on the existing legal literature on international human rights law, with a particular focus on international human rights treaties. To better understand international human rights treaties, the article also discusses the CRC …

What Have We Learned From The Wars Of The Twentieth Century?, Winston Langley

Winston E. Langley

Relative deprivation (RD) and its associated twin, the “othering” of human groupings, together became the root cause of the wars of the twentieth century. By examining the thirty-years of war between 1914 and 1945 and the Cold War that prevailed for the rest of the half-century, the author explores the way in which relative deprivation may be seen to have expressed itself through nationalism, liberalism, and Marxism — the three great ideologies of the twentieth century that have competed against each other and have contributed to the perception of groups and individuals that they are relatively deprived. He investigates the …

Proportionality In Interpreting Constitutional Rights: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Proportionality In Interpreting Constitutional Rights: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam [Thuyết Cân Đối Trong Vấn Đề Giải Thích Các Quyền Về Hiến Pháp: So Sánh Giữa Canada, Liên Hiệp Các Vương Quốc Anh Và Singapore Và Kinh Nghiệm Cho Vìệt Nam], Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Few rights that are guaranteed by constitutions and bills of rights are expressed to be absolute. In many jurisdictions, the legislature is permitted to impose restrictions on rights for specified reasons and under particular conditions. However, constitutional or bill of rights text often do not expressly indicate how the courts should determine that applicants’ rights have been legitimately restricted. To this end, courts in jurisdictions such as Canada and the United Kingdom have adopted the European doctrine of proportionality. Essentially, this requires them to balance opposing types of public interests – the interest sought to be protected by the rights …

Human Rights And The Model Rules Of Professional Conduct: Intersection And Integration, Martha F. Davis

Martha F. Davis

The American Bar Association’s Model Rules of Professional Conduct nowhere mention human rights as either a means or an end to ethical lawyering. The origins and history of the modern ABA Code, framed at a time when the ABA leadership was hostile to universal human rights norms, suggest possible explanations for this omission as an initial matter. But the Model Rules are frequently revised, and the ABA is now a leader in the promulgation and implementation of human rights worldwide. Still, the model ethics rules remain silent on human rights. State ethics codes, largely drawn from the ABA model, are …

Human Rights In The Trenches: Using International Human Rights Law In "Everday" Legal Aid Cases, Martha F. Davis

Martha F. Davis

No abstract provided.

Upstairs, Downstairs: Subnational Incorporation Of International Human Rights Law At The End Of An Era, Martha F. Davis

Martha F. Davis

Traditionally, states and the federal government maintained an "upstairs, downstairs" relationship when it came to global affairs, with states serving in the background role as the downstairs members of the national household. However, the traditional federal-state relationship in the international affairs arena is increasingly unworkable as states become more and more transnationally active. This is particularly true in the area of human rights implementation, where states have both used their own policies to associate with human rights movements worldwide and have incorporated human rights norms into their own state laws. Federal courts' approach to human rights implementation, however, has failed …

Background Paper For Second Workshop On Contract Negotiation Support For Developing Host Countries, Vale Columbia Center On Sustainable International Investment, Humboldt-Viadrina School Of Governance

Columbia Center on Sustainable Investment Staff Publications

The Columbia Center on Sustainable Investment (CCSI) and the Humboldt-Viadrina School of Governance (HSVG) have initiated a process to discuss the desirability and feasibility of mechanisms to provide negotiation support for developing host countries in their negotiations with major investors.

At a first workshop held in October 2011, participants agreed on the need for an expansion of support for developing countries in their contract negotiations.

A second workshop was held at Columbia University in July 2012 that undertook a gap analysis between the existing sources of support for developing countries in relation to complex contracts and the countries’ needs for …

Silent Partners: Private Forces, Mercenaries, And International Humanitarian Law In The 21st Century, Steven R. Kochheiser

University of Miami National Security & Armed Conflict Law Review

In response to gritty accounts of firefights involving private forces like Blackwater in Iraq and Afghanistan, many legal scholars have addressed the rising use of private forces——or mercenaries——in the 21st century under international law. Remarkably, only a few have attempted to understand why these forces are so objectionable. This is not a new problem. Historically, attempts to control private forces by bringing them under international law have been utterly ineffective, such as Article 47 of Additional Protocol II to the Geneva Conventions. In Silent Partners, I propose utilizing the norm against mercenary use as a theoretical framework to understand at …

The Ferrini Doctrine: Abrogating State Immunity From Civil Suit For Jus Cogens Violations, Natasha Marusja Saputo

University of Miami National Security & Armed Conflict Law Review

Article 10 of the Italian Constitution incorporates generally recognized principles of international law. Thus, State immunity from civil suit in the domestic courts of another State——a principle generally recognized in international law——would apply in Italy. However, the protection of fundamental human rights is another generally recognized principle in international law and the ostensible conflict between these two principles has resulted in a series of controversial rulings issued by the Italian Court of Cassation. These rulings allow for the abrogation of State immunity from civil suit in the domestic courts of another State for alleged violations of jus cogens or peremptory …

Learning From Libya, Acting In Syria, Caitlin A. Buckley

Journal of Strategic Security

The international community has reached an impasse. The violence committed by Syrian President Assad's government against opposition forces, who have been calling for democratic reform, regime change, and expanded rights, has necessitated a response from the international community. This article explores various ways the international community could respond to the crisis in Syria and the consequences of each approach. It compares the current calamity in Syria to the crisis in Libya and examines the international community's response to the violence perpetrated by Qaddafi's regime. It further analyzes reports, primarily from the UN and news sources, about the ongoing predicament in …

The Spirit Of Our Times: State Constitutions And International Human Rights, Martha F. Davis

Martha F. Davis

States have a direct responsibility to implement the U.S.'s international obligations in many areas governed by existing human rights treaties. This responsibility is drawn from the nature of federalism, the U.S. Constitution and from states' own constitutions. In light of the relatively populist structure of state governmental institutions, this implementation may be appropriately accomplished by state courts as well as the political branches of state governments. International law has a particularly important role to play in this process, particularly when courts construe states' affirmative constitutional grants - for example, for public health, education or welfare - that have no federal …

In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis

Martha F. Davis

This report examines the international human rights treaties binding on the United States as well as other non-binding international human rights documents to ascertain the status of the right to counsel in civil cases, the so-called "Civil Gideon" right. The United Nations treaty monitoring bodies responsible for the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Racial Discrimination have both indicated that legal assistance may be required to ensure fairness in civil cases. The Charter of the Organization of American States, to which the United States is a party, goes farther …

Remarks At The Launching Of The Anti-Trafficking Review, Anne T. Gallagher

Anne T Gallagher

Remarks delivered by Dr Anne Gallagher, Guest Editor, at the launch of the new journal: Anti-Trafficking Review.

There Is But One Sword That Defends The Rights Of Man- Bringing Lgbt Rights Out Of The Closet, Jonathan M. Bhagan

Jonathan m Bhagan

Introduction. International norms of human rights are a powerful force for interpreting, protecting and growing rights on the domestic plane. Courts throughout the Commonwealth already look to international norms to flesh out rights, whether they are found in the constitutional jurisprudence of other common law states in Treaties or Treaty based case law. While some schools of jurisprudence claim that International and Domestic law are two separate spheres , throughout the paper it will be shown that judges have consistently looked to foreign and International Law as inspiration and support for their decisions in key human rights cases. This trend …

June 2, 2012: Massachusetts V. United States Department Of Health And Human Services, Bruce Ledewitz

Hallowed Secularism

Blog post, “ MASSACHUSETTS v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.