Human Rights Law Commons^™

Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd

Seattle Journal for Social Justice

No abstract provided.

Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young

Seattle Journal for Social Justice

No abstract provided.

Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber

Seattle Journal for Social Justice

No abstract provided.

Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson

Seattle Journal for Social Justice

No abstract provided.

Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi

Seattle Journal for Social Justice

No abstract provided.

About The Authors

Seattle Journal for Social Justice

No abstract provided.

Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman

Seattle Journal for Social Justice

No abstract provided.

Introduction, Jacqueline Mcmurtrie

Seattle Journal for Social Justice

No abstract provided.

Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee

Seattle Journal for Social Justice

No abstract provided.

Ungoverned Spaces, Transnational Crime, And The Prohibition On Extraterritorial Enforcement Jurisdiction In International Law, Dan E. Stigall

Notre Dame Journal of International & Comparative Law

This Article explicates the international legal framework governing State action against transnational crime; it also explores the disparity in what international law permits military actors to do in situations of armed conflict versus what actions civilians may undertake in the course of extraterritorial law enforcement operations. This Article argues that the trend of militarization in the U.S. approach to transnational crime law is, in part, a function of this legal disparity and that this trend could be reversed a degree if international law recognized a greater degree of flexibility for certain limited categories of extraterritorial law enforcement actions by civilian …

Letter From The Editor, Adrienne M. De La Rosa

Notre Dame Journal of International & Comparative Law

A letter from the editor

Why The Extractive Industry Should Support Mandatory Transparency: A Shared Value Approach, Julien Topal, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

The Transparency Amendment, included in the Dodd‐Frank Wall Street Reform and Consumer Protection Act, can be an important tool in curtailing the resource curse that so heavily burdens resource‐rich developing countries by shedding light on opaque payments between the extractive sector and host countries. From the get‐go, however, extractive industry companies have fiercely opposed the new mandatory disclosure requirements as set out in this regulation. The corporate opposition is for the largest part motivated by the fear of a competitive disadvantage that derives from the fact that the amendment is housed with the Securities and Exchange Commission (SEC) and thus …

Innovation In China: Fragmentation, Structured Uncertainty, And Technology Standards, Michael Murphree, Dan Breznitz

Cardozo Law Review de•novo

This Article discusses the history of China’s attempts to develop indigenous technology standards. A case study is presented on China’s attempts to develop digital optical storage media standards, the failure of which we attribute to fragmentation of production and structured uncertainty in China’s economy. Despite the market failures of China’s domestic standards development efforts, we conclude by highlighting some of the appurtenant benefits they produce for Chinese manufacturers.

Zizhu Chuangxin And China’S Self-Driven Innovation: Calling For A Holistic Perspective, Ken Shao

Cardozo Law Review de•novo

To present a holistic view approachable by both Western and Chinese audience, this Article will first discuss the forces operating against a holistic view of China and explain exactly what it means to employ a holistic view. Then, by emphasizing the historical, international, and developmental contexts, the Article aims to introduce the reader to real examples of a holistic perspective, and in turn, to reframe the discourse around China’s self-driven innovation.

No Roses Without Thorns: Global Consumers Of Cut Flowers As Political Actors, Prabhakar Singh

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Is There Blood On Your Hands-Free Device?: Examining Legislative Approaches To The Conflict Minerals Problem In The Democratic Republic Of Congo, Emily Veale

Cardozo Journal of International and Comparative Law

The article argues that Section 1502 of the Dodd-Frank Act, which mandates SEC disclosures for conflict minerals, is insufficient to address the violence and governance issues in the Democratic Republic of the Congo (DRC). It advocates for comprehensive legislation that ties U.S. foreign assistance to specific reforms in the DRC, such as military and governance improvements, to effectively combat the conflict minerals crisis. The SEC’s role in promoting social and foreign policy goals is critiqued, and the article proposes a tiered incentive system to encourage meaningful change in the DRC’s mining sector.

Working Conditions In China: Drama Or Reality?, Evan Bishop

In the Balance

No abstract provided.

Addressing Climate Change Mitigation And Adaptation Through Insurance For Overseas Investments: The Example Of The U.S. Overseas Private Investment Corporation, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In 2008, the United Nations Framework Convention on Climate Change (UNFCCC) estimated that investments of between US$540–570 billion in physical assets and other financial flows will be needed to adequately reduce global greenhouse gas (GHG) emissions to combat climate change; additionally, tens and possibly hundreds of billions of dollars may be necessary to enable countries to adapt to the phenomenon’s challenges. Through climate negotiations under the UNFCCC in Copenhagen and Cancun, developed country governments committed to provide developing countries roughly US$30 billion between 2010 and 2012 and to mobilize approximately US$100 billion per year by 2020 for climate change activities. …

Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy

Pepperdine Dispute Resolution Law Journal

In 2003, under an initiative of the United Nations (U.N.), various nations of the world gave life to the Kimberley Process Certification Scheme (KPCS)-a method by which consumers of all levels could know the origin of their diamonds-with the Scheme only certifying those harvested from legal, government-run mines. The Scheme's drafters believed that, if given the choice, consumers would choose to buy diamonds mined legally, with profits flowing to legitimate sources of power. However, the KPCS as it stands is voluntary and lacks the teeth needed to deter its violators. The KPCS lacks a binding arbitration agreement and needs a …

Looking At Regional Trade Agreements Through The Lens Of Gender, Constance Z. Wagner

All Faculty Scholarship

This article focuses on an unresolved issue within international trade law and policy, namely whether there is a need to consider gender-differentiated impacts of trade agreements and if so, how such impacts should be addressed. The author argues in favor of a gender aware approach to trade, discussing this topic within the context of regional trade agreements (“RTAs”), which are being used increasingly as a route to economic integration among nations. While there is evidence of gender-differentiated impacts of trade liberalization, there has been little progress made in advancing an agenda to address gender issues at the level of multilateral …

About Sdlp

Sustainable Development Law & Policy

No abstract provided.

The Regulatory Turn In International Law, Jacob Katz Cogan

Faculty Articles and Other Publications

In the post-War era, international law became a talisman for the protection of individuals from governmental abuse. Such was the success of this "humanization of international law" that by the 1990s human rights had become "part of... international political and legal culture." This Article argues that there has been an unnoticed contemporary counter trend -- the "regulatory turn in international law." Within the past two decades, states and international organizations have at an unprecedented rate entered into agreements, passed resolutions, enacted laws, and created institutions and networks, formal and informal, that impose and enforce direct and indirect international duties upon …

Paul Timmermans On Invisible War: The United States And The Iraq Sanctions. By Joy Gordon. Cambridge, Ma: Harvard University Press, 2010. 359 Pp., Paul Timmermans

Human Rights & Human Welfare

A review of:

Invisible War: The United States and the Iraq Sanctions. By Joy Gordon. Cambridge, MA: Harvard University Press, 2010. 359 pp.

The Limited Case For Permitting Sme Procurement Preferences In The Wto Agreement On Government Procurement, John Linarelli

Scholarly Works

This is a chapter in the book, Sue Arrowsmith & Robert D. Anderson, The WTO Regime on Government Procurement: Challenge and Reform (Cambridge University Press, 2011). The chapter puts under scrutiny public procurement policies designed to benefit SMEs per se, as small or medium sized enterprises, and to evaluate whether the GPA (and hence possibly other trade agreements liberalizing procurement markets) should be more accommodating to these policies, even though these policies might restrict international trade. The chapter also evaluates whether the GPA should be more accommodating to policies designed to benefit firms controlled by individuals who belong to historically …

Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen J. Powell, Patricia Camino Pérez

UF Law Faculty Publications

Continuation of the brisk pace of international economic growth with its necessarily increased use of natural resources—often at unsustainable levels—and its higher levels of pollution—often at the cost of citizen health—combine with the rules of the global trading system to threaten human rights to health, to freedom from forced or child labor, to non-discrimination, to a fair wage, to a healthy environment, even to democratic governance and participation in the political process. As a result, in recent years a growing number of economists begrudgingly acknowledge the incontrovertible—although presently dysfunctional—linkage between trade and human rights and the need to integrate these …

The Human Element: The Impact Of Regional Trade Agreements On The Human Rights And The Rule Of Law, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Is The Wedding Of Trade And Human Rights A Marriage Of Convenience Or A Lasting Union?, Susan Ariel Aaronson

Human Rights & Human Welfare

A review of:

Forced to Be Good: Why Trade Agreements Boost Human Rights. By Emilie Hafner-Burton. Ithaca, NY: Cornell University Press, 2009. 220pp.

Rights & Interests: Trade & Disputes, Howard Guille

Human Rights & Human Welfare

A review of:

Trade Imbalance: The Struggle to Weight Human Rights Concerns in Trade Policy-Making. By Susan Ariel Aaronson & Jamie M. Zimmerman. New York: Cambridge University Press, 2008. 337pp.

and

Public Values & Public Interest: Counterbalancing Economic Individualism. By Barry Bozeman. Washington, DC: Georgetown University Press, 2007. 219pp.

and

The Impact of the WTO: The Environment, Public Health & Sovereignty. By Trish Kelly. Northampton, MA: Edward Elgar, 2007. 220pp.

Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson

Scholarly Works

This essay applies a legal theory of global corporate citizenship to the question of women’s distributional equality in foreign direct investment. It proposes ways that a legal theory of mandatory global corporate citizenship can expand the ways we think about regulating transnational corporations and promoting gender equality.

Restrictive Trade Measures Based On Extraterritorial Human Rights Violations: An Analysis Under Allocation Of Regulatory Jurisdiction And Transaction Costs, Gustavo Ferreira Ribeiro

Maurer Theses and Dissertations

Are states entitled to take unilateral or collective trade measures in cases of extraterritorial human rights violations? Are states obligated to do so? The debate is often blurred by a multitude of legal, political, economic, and moral arguments that have, so far, produced many misunderstandings. On one hand, the human rights community alleges that the superiority of human rights resolves any conflict. On the other hand, the trade community fears the intrusion of human rights language and power within the trade regime, including multilateral regimes like the World Trade Organization.

While exploring the above issue, this dissertation unfolds in three …