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Articles 31 - 39 of 39
Full-Text Articles in Law
Recognizing The Relevance Of Human Rights: The Application Of The Presumption Of Conformity In The Context Of Copyright, Graham Reynolds
Recognizing The Relevance Of Human Rights: The Application Of The Presumption Of Conformity In The Context Of Copyright, Graham Reynolds
All Faculty Publications
This article discusses the application of the presumption of conformity with international law in the context of copyright. Although Canadian courts have applied the presumption of conformity in a number of copyright cases, no Canadian court has explicitly considered, under the presumption of conformity, whether interpretations of provisions of the Copyright Act are consistent with, or reflect the values and principles of, international human rights treaties that Canada has signed and ratified. In this article, I will argue that Canadian courts applying the presumption of conformity in the context of copyright should do so with reference to Canada’s obligations under …
Leveraging Regional Human Rights Mechanisms Against Universal Human Rights: The Oic Independent Permanent Human Rights Commission Study On Sexual Orientation, Robert C. Blitt
Scholarly Works
This article critically assesses a recent study on sexual orientation and gender identity (SOGI) prepared by the Organization for Islamic Cooperation’s (OIC) Independent Permanent Human Rights Commission (IPHRC). The first two parts review the establishment of the IPHRC and the norms governing regional human rights mechanisms (RHRMs). Following this, the article demonstrates that the methodology and conclusions evidenced in the IPHRC’s SOGI study diametrically oppose substantive international human rights law, and furthermore undermine the intended purpose of RHRMs within the human rights system. The article concludes by recommending that human rights advocates and others clearly and publicly call out these …
A Human Rights Based Approach To International Financial Regulatory Standards, Daniel D. Bradlow
A Human Rights Based Approach To International Financial Regulatory Standards, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
Globalization and information and communication technologies pushed national financial regulators to establish international standard setting bodies (SSBs) which promote non-binding international financial regulatory standards. However, finance inevitably has social and human rights impacts and the SSBs and their members are not meeting their responsibility to account for these impacts in their international standards. This failure means that financial regulators and institutions may under-estimate the risks associated with their operations leading to misallocations of credit, less safe financial institutions and less efficient and transparent financial markets. To avoid this problem, SSBs should adopt a human rights approach to standard setting. The …
The Organization Of Islamic Cooperation's (Oic) Response To Sexual Orientation And Gender Identity Rights: A Challenge To Equality And Nondiscrimination Under International Law, Robert C. Blitt
Scholarly Works
This article further explores the Organization of Islamic Cooperation’s (“OIC”) peculiar understanding of international nondiscrimination and equality norms by considering how it engages with sexual orientation and gender identity (“SOGI”) rights. After reviewing the OIC’s historical approach to human rights and its ambivalent acceptance of universality, the article focuses on the organization’s contemporary effort to promote the “protection of the family” within the international human rights arena. This campaign — driven by the OIC’s belief that “Islamic family values” are under legal and intellectual assault — champions only those families premised on marriage between a man and a woman. Consequently, …
Prison Preparedness And Legal Obligations To Protect Prisoners During Natural Disasters, William Omorogieva
Prison Preparedness And Legal Obligations To Protect Prisoners During Natural Disasters, William Omorogieva
Sabin Center for Climate Change Law
Since at least 2004, the intensity of hurricanes and the damage they have caused in America has increased significantly. After the turbulent hurricane season of 2017, citizens should recognize the elevated risks to safety that occur when individuals stay put, especially during high-intensity hurricanes (Category 3 and higher). States of emergency and evacuation orders have been declared recently in many states and cities that anticipated extreme hurricane conditions. However, even with increased calls for evacuations, warnings from public officials, and around the clock media coverage, a significant portion of the population has continued to be overlooked during times of natural …
Human Rights And Article 6 Of The Paris Agreement: Ensuring Adequate Protection Of Human Rights In The Sdm And Itmo Frameworks, Romany M. Webb, Jessica A. Wentz
Human Rights And Article 6 Of The Paris Agreement: Ensuring Adequate Protection Of Human Rights In The Sdm And Itmo Frameworks, Romany M. Webb, Jessica A. Wentz
Sabin Center for Climate Change Law
Article 6 of the Paris Agreement recognizes the right of Parties to cooperate in the implementation of their nationally determined contributions (NDCs) through both market- and non-market-based approaches. One market-based approach is outlined in Article 6.2 which provides for “the use of internationally transferred mitigation outcomes [(ITMOs)] towards” NDCs. This is widely seen as establishing a “bottom-up” approach, whereby “mitigation outcomes,” representing emission reduction credits, can be transferred internationally and then become ITMOs. It can be contrasted with other market-based approaches that are “top-down,” involving centralized programs supporting emission reduction projects. One such program is created in Article 6.4 of …
On Waldron's Critique Of Raz On Human Rights, Joseph Raz
On Waldron's Critique Of Raz On Human Rights, Joseph Raz
Faculty Scholarship
This commentary responds to Waldron’s “Human Rights: A Critique of the Raz/Rawls Approach”. It points out that some supposed criticisms are nothing more than observations on conditions that any account of rights must meet, and that Waldron’s objections to Raz are due to misunderstanding his thesis and its theoretical goal. The short comment tries to clarify that goal.
The Upside Of The Downside: Local Human Rights And The Federalism Clauses, Martha F. Davis
The Upside Of The Downside: Local Human Rights And The Federalism Clauses, Martha F. Davis
Saint Louis University Law Journal
No abstract provided.
Truth Seeking: The Lenahan Case And The Search For A Human Rights Remedy, Margaret B. Drew
Truth Seeking: The Lenahan Case And The Search For A Human Rights Remedy, Margaret B. Drew
Saint Louis University Law Journal
No abstract provided.