Law Commons^™

Exploring Human Rights Implications Of Microfinance Initiatives, Rebecca Farrar

Rebecca Farrar

Abstract for Article: Exploring the Human Rights Implications of Microfinance Initiatives by Rebecca Farrar

Microfinance and microcredit (“MFI”) programs have been advanced as a way to make the world a better place. These programs involve making small loans to people who would otherwise be unable to borrow money to facilitate them starting their own businesses: frequently, the programs focus on women borrowers in developing countries. Muhammad Yunus of the Grameen Bank says microfinance and microcredit programs can literally end world poverty.

This Article explores MFI from several perspectives, with particular emphasis on human rights issues. The emphasis of MFI programs …

The Yahoo Case And Free Speech, Privacy And Corporate Responsibilty In The People's Republic Of China, Nikola A. Koritz

Nikola A Koritz

It’s like opening Pandora’s Box. You can’t put the content back. When China made the Internet commercially available in 1995 it opened the floodgate to information and free communication. But the free exchange of ideas and information over the Internet threatens China’s ability to control information exchange. The People’s Republic of China enacted restrictive regulations controlling Internet usage and is adjusting these regulations in the pace of the technical development. This paper addresses the question how international companies who want to do business in China can comply with these circumstances without compromising substantial human rights and getting themselves in conflict …

The Palestinian Refugee Problem, Maged Bader

Maged Bader

No abstract provided.

The Israeli Policy: Targeted Killing For Preventive Self-Defense Or Extra-Judicial Executions?, Maged Bader

Maged Bader

No abstract provided.

Male Circumcision As An Hiv Prevention Strategy In Sub-Saharan Africa: Socio-Legal Barriers, Lawrence O. Gostin

O'Neill Institute Papers

UNAIDS and WHO recommend safe, voluntary male circumcision as an additional, important strategy for the prevention of heterosexually-acquired HIV in men in areas with high HIV prevalence and low levels of male circumcision. Comprehensive male circumcision services should include HIV testing and counseling, partner reduction, and male and female condom use. Yet, male circumcision can have deep symbolic meaning that could pose barriers to implementation. In some parts of the world, it is a traditional practice with religious or cultural significance, in others it is a common hygiene intervention, and in yet others it is unfamiliar or foreign. Consequently, the …

President’S Emergency Plan For Aids Relief: Health Development At The Crossroads, Lawrence O. Gostin

O'Neill Institute Papers

The President’s Emergency Plan for AIDS Relief (PEPFAR) was the largest commitment by any nation to combat a single disease in human history, authorizing up to $15 billion over 5 years. On July 30, 2008, President Bush signed into law the historic reauthorization of PEPFAR, dramatically increasing the financial commitment by authorizing up to $48 billion over 5 years, including $5 billion for Malaria and $4 billion for Tuberculosis. PEPFAR’s global targets are inspiring: treat 3 million people; prevent 12 million new HIV infections, and care for 12 million people, including 5 million orphans and vulnerable children. But, PEPFAR has …

Towards A Proper Juvenile Justice System In Bangladesh From A Cluttered One: An Analytical Overture On Focusing Human Rights Perspective, Zafrin Andaleeb, Abu Noman Mohammad Atahar Ali, Abu Saleh Md. Tofazzel Haque

Abu Noman Mohammad Atahar Ali

No abstract provided.

Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Charlene Smith, Nan Palmer

Jane E Cross

In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship protection and benefits, 5) the use of contract law in kinship relationship and 6) using legislation to benefit kinship relationships.

This exploration of expanding family law protections to kinship groups addresses a series of interrelated topics. The first two sections of the article explore the characteristics and creation of kinship families in different societies. The third section addresses the legal benefits provided …

The Right Of Property In Situations Of Armed Conflict: The Application Of Ihl Principles By The European Court Of Human Rights, Maheta Matteo Molango

Maheta Matteo Molango

The proliferation of non-international armed conflicts over the last three decades have contributed to draw the attention of scholars and commentators on the complex interrelationship between international humanitarian law (IHL) and human rights law. In Europe, contrary to the encouraging steps taken in other regional systems of human rights’ protection such as the Inter-American system, the activity of the European Court of Human Rights (ECtHR) has been characterized by its reluctance to apply IHL provisions to situations were arguably it should or even shall have use the laws of war as authoritative guidance.

This paper focuses on the analysis of …

Turkish Cross-Border Operations Into Northern Iraq: International Law And Use Of Force Analysis, Charles Bowers

Charles Bowers

No abstract provided.

People As Crops, Evelyn L. Wilson

Evelyn L. Wilson

In 1807, Congress passed a law prohibiting the importation of slaves. The South began to feel the effect of labor shortages and prices escalated. To meet this demand, farmers in the upper south states, especially Virginia, began the systematic breeding of slaves for sale to the southwest. Through the use of statements from Virginia statesmen and from some of Virginia’s former slaves, my paper discusses slave breeding, first as a consequence of slavery, as an added benefit to the labor obtained from the slave.

My father was born in Virginia, as was his father, as was his father, as was …

From “Blood Diamond” To “Blood Coltan”: Should International Corporations Pay The Price For The Rape Of The Dr Congo?, Maheta Matteo Molango

Maheta Matteo Molango

This paper discusses the role of multinational corporations, and in particular US companies, in fueling two devastating civil wars and contributing to the climate of tension currently existing in Africa’s Great Lakes’ region. The discussion focuses on the exploitation of a relatively unknown mineral called “coltan,” indispensable for the production of cell phones, laptops and many other electronic devices. My analysis offers readers several elements that are essential to understanding the close relationship between the exploitation of Congolese minerals, international companies and rebel groups operating in the region. From a legal point of view, I have attempted to explore some …

Some Thoughts On Achieving U.S. Compliance With International Obligation To Inform Other Nations About Arrest Of Their Citizens, Talbot D'Alemberte

Talbot D'Alemberte

The Avena decision against the United States by the World Court again tarnishes the reputation of the United States in the international human rights community but some relatively simple steps could bring this country into compliance with its treaty obligations to inform foreign nationals of their rights under the Vienna Convention on Consular Relations.

The article suggests that private economic action might be effective yet, to avoid that step, the problem can be corrected through legislation, through use of Miranda warnings and through notice given at arraignment.

Hanging In A Balance: Freedom Of Expression And Religion, Puja Kapai, Anne Sy Cheung

Puja Kapai

When the liberty to freely express oneself is at odds with another’s right to freedom of religion, we are confronted with the classic dilemma of choosing between two equally fundamental, constitutionally and internationally protected rights. The contours of the said two rights however, are far from clear. Whilst freedom of expression is not an absolute right, its limits are controversial. Equally, while it is undisputed that freedom of religion is an internationally protected human right enshrined in various international instruments, there is no comprehensive international treaty which addresses as its subject the content and extent of the right of freedom …

Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin

Peter G. Danchin

No abstract provided.

Happy To Be Equal, Shay Gurion

Shay Gurion

The public discourses regarding happiness are burgeoning in current times, especially in the fields of positive psychology and philosophy. However, policy oriented disciplines, such as economics and law, seem to almost suspiciously, avoid this discussion, leaving one of life's most important aspects, academically and politically, unexplored. This paper tries to fill this void by offering an explanation to why humans beings are equally happy and how does this provide us with a rational basis for human equality and a corresponding perception of human rights. The explanation offered in this paper of why people are equally happy lies greatly on the …

Governance And Accountability: The Regional Development Banks, Enrique R. Carrasco, Heejin Lee, Wesley Carrington

Enrique R Carrasco

Good governance has become a mantra of the movement seeking to make multilateral financial institutions more accountable to their stakeholders while improving institutional governance. Although much of the visible criticism has been directed at the World Bank and International Monetary Fund, the “regional” development banks share many of the same governance and accountability problems. Important issues relating to governance and accountability include the banks’ heavily unequal voting power based on capital contributions, limited transparency and disclosure requirements, questionable efficacy of monitoring programs on the impact of the banks’ projects, and limited scope of the banks’ private complaint mechanisms. This Article …

Rights Of Disabled Persons In Egypt, Mohamed Sami Abdel Sadek

mohamed sami Abdel sadek Dr.

Existing disability-related laws in Egypt need to be reviewed in order to achieve equalization of opportunities for persons with disabilities. There is an urgent need for a unified law that covers comprehensive guidelines to ensure that all forms of discrimination against disabled people are eliminated. Improving legislation and implementation strategies has been identified as one of the main issues to be tackled in the African Decade of Disabled Persons 1999-2009.

The Dangers Of Character Tests, Susan Harris Rimmer

Susan Harris Rimmer

This Discussion Paper describes the rise of character provisions in Commonwealth laws over

the last 10 years. The use of character testing has increased

in traditional areas, such as

migration and citizenship, and has moved into new areas of law, such as the employment of

persons in critical industries and criminal law. The first time character testing has been

examined in a thematic way across several legal and policy subject areas, the paper finds that

character tests are often framed in subjective terms and are part of executive decision-making,

raising issues of transparency and accountability. This phenomenon has been incremental, …

Much Ado About Non-State Actors: The Vanishing Relevance Of State Affiliation In International Criminal Law, John P. Cerone

John P Cerone

Much has been made recently of the deficiencies of international law in grappling with violence perpetrated by non-state actors. From transnational terrorist networks to private security contractors (PSCs), organizations that are not officially part of the apparatus of any state are increasingly engaged in protracted episodes of intense violence, giving rise to questions of accountability under international law. Does international law provide rules applicable to such conduct? Once the individual has been deemed a subject of positive international law, the requirement of state affiliation is no longer essential to analytical coherence. The issue becomes simply whether international law should directly …

Exploring Long-Term Impact Of Mass Trauma On Physical Health, Coping, And Meaning: An Examination Of The Ottoman Turkish Genocide Of The Armenians, Ani Kalayjian, Nicole Moore, Chris Aberson

Ani Kalayjian

Throughout the 20th century, genocide has claimed many lives across the world. Government genocidal policies alone have resulted in over 210 million deaths. Approximately nine decades ago, under the cover of World War I, Turkish armed forces moved to exterminate Turkey’s Armenian population. The present study focuses on how Armenian survivors dealt with the Genocide, what gave them the strength to cope, their level of post-traumatic stress disorder (PTSD), the extent of physical symptomatology, and meanings associated with the trauma, as manifested in selected aspects of survival accounts from 16 Armenian Americans (born before 1917) who had witnessed the Ottoman …

Global Health Law: A Definition And Grand Challenges, Lawrence O. Gostin, Allyn L. Taylor

O'Neill Institute Papers

It has been only recently that scholars have engaged in a serious discussion of "public health law." This academic discourse examines the role of the state and civil society in health promotion and disease prevention within the country. There is an important emerging literature on the international dimensions of health, but no similar systematic definition and exposition of a field we call "global health law." In this article we aim to fill this gap by defining global health law and characterizing the grand challenges. Given the rapid and expanding globalization that is a defining feature of today's world, the need …

Global Health Law: Health In A Global Community, Lawrence O. Gostin

O'Neill Institute Papers

The examination of public health law traditionally focuses on constitutions, statutes, regulations, and common law at the national and sub-national level. However, the determinants of health (e.g., pathogens, air, food, water, even lifestyle choices) do not originate solely within national borders. Health threats inexorably spread to neighboring countries, regions, and even continents. Peoples’ lives are profoundly affected by commerce, politics, science, and technology from all over the world. Global integration and interdependence occur “as capital, traded goods, persons, concepts, images, ideas, and values diffuse across state boundaries.” It is for this reason that law and policy need to be transnational, …

Pro Bono Publico As A Conscience Good, Deborah A. Schmedemann

Deborah Schmedemann

Pro bono work performed by American lawyers serves a critical role in the American civil justice system. This paper seeks to explain pro bono through the lens of social science research into volunteering, in particular the economic concept of a conscience good. The paper presents the results of an empirical study involving over 1,100 law students and lawyers. The results include data on lawyers’ motivations to perform pro bono, the impact of various pro bono rules and invitations to perform pro bono, the satisfactions of pro bono work, emotions triggered by pro bono work and pro bono clients, and the …

The Community Referendum: Participatory Democracyand The Right To Free, Prior And Informed Consent To Development, Brant Mcgee

brant mcgee

No abstract provided.

The Duty Of Treatment: Human Rights And The Hiv/Aids Pandemic, Noah B. Novogrodsky

Noah B Novogrodsky

This article argues that the treatment of HIV and AIDS is spawning a juridical, advocacy and enforcement revolution. The intersection of AIDS and human rights was once characterized almost exclusively by anti-discrimination and destigmatization efforts. Today, human rights advocates are demanding life-saving treatment and convincing courts and legislatures to make states pay for it. Using a comparative Constitutional law methodology that places domestic courts at the center of the struggle for HIV treatment, this article shows how the provision of AIDS medications is reframing the right to health and the implementation of socio-economic rights. First, it locates an emerging right …

Ensuring Effective Pain Treatment: A National And Global Perspective, Allyn L. Taylor, Lawrence O. Gostin, Katrina A. Pagonis

O'Neill Institute Papers

Medical availability of effective pain medication is vitally important domestically and globally. Medical advances have substantially improved the technical capacity to control pain and diminish its consequences. Worldwide, millions of persons with chronic, acute, and terminal conditions have found relief from excruciating pain through medical intervention. However, richer countries have disproportionately benefited from improvements in access to and use of pain medication. The tragedy is that for most of the world's population, particularly persons in poorer countries, effective pain control is entirely unavailable.

The International Migration And Recruitment Of Nurses: Human Rights And Global Justice, Lawrence O. Gostin

O'Neill Institute Papers

The international migration of health workers – physicians, nurses, midwives, and pharmacists – leaves the world’s poorest countries with severe human resource shortages, seriously jeopardizing the achievement of the U.N. health Millennium Development Goals (MDGs). Advocates for global health call active recruitment in low-income countries a crime. Despite the pronounced international concern, there is little research and few solutions. This commentary focuses on the international recruitment of internationally educated nurses (IENs) from the perspective of human rights and global justice. It explains the complex reasons for nurse shortages in rich and poor countries; the duties of source and host countries; …

The Search For June Cleaver: International Marriage Brokerages And Mail-Order Brides, Itta C. Englander

Itta C. Englander

This paper chronicles a journey through the modern mail-order bride industry. It examines the mail-order bride industry from its early roots in the Western Hemisphere to its current permutations. It discusses the risks that mail-order brides face and explores possible solutions offered through domestic and international instrumentalities.

Clitoridectomy And The Economics Of Islamic Marriage & Divorce Law, Ryan M. Riegg

Ryan M. Riegg