Human Rights Law Commons^™

Corporate Liability For Overseas Human Rights Abuses: The Alien Tort Statute After Sosa V. Alvarez-Machain, David D. Christensen

Washington and Lee Law Review

No abstract provided.

A Question Of Justice: The Wto, Africa, And Countermeasures For Breaches Of International Trade, 38 J. Marshall L. Rev. 1153 (2005), Nsongurua J. Udombana

UIC Law Review

No abstract provided.

Book Review, Lakshman D. Guruswamy

Publications

No abstract provided.

International Legal Compliance: Surveying The Discipline, William C. Bradford

ExpressO

No abstract provided.

Foreign Policy And Separation Of Powers Jurisprudence: Executive Orders Regarding Export Administration Act Extension In Times Of Lapse As A Political Question, Themes Karalis

Cardozo Journal of International and Comparative Law

The article examines the interplay between the Export Administration Act (EAA) and the Freedom of Information Act (FOIA), particularly focusing on whether the EAA qualifies as an Exemption 3 statute under FOIA. It explores how courts have upheld the EAA's exemption status even during periods of lapse, emphasizing the executive branch's authority to maintain export controls through executive orders. The analysis highlights the deference given to the executive in foreign policy matters and the challenges posed by the EAA's temporary nature, suggesting that Congress should consider amending the EAA for automatic renewal to avoid recurring issues.

Democracy In Hong Kong: Hearing Before The Subcomm. On East Asian And Pacific Affairs Of The S. Comm. On Foreign Relations, 108th Cong., Mar. 4, 2004 (Statement Of Professor James V. Feinerman, Geo. U. L. Center), James V. Feinerman

Testimony Before Congress

No abstract provided.

Trade And Human Rights: The Future Of U.S.-Vietnamese Relationships: Hearing Before The S. Comm. On Foreign Relations, 108th Cong., Feb. 12, 2004 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh

Testimony Before Congress

No abstract provided.

Treaty Governance, Intellectual Property And Biodiversity, John Linarelli

Scholarly Works

When resources become valuable, various social and institutional pressures come to bear to enclose them in a property rights regime. Given the substantial progress of biotechnology and the life sciences, genetic resources found in biological diversity are experiencing such pressures. The question of how much commodification or commercialization of genetic resources is appropriate is of global concern; it affects the distribution of wealth in and among societies and countries. This article explores the emerging treaty law on intellectual property and biodiversity. It inquires What is biodiversity? and Why is biodiversity preservation important? It then focuses on the United Nations Framework …

Atca, Doe V. Unocal: A Paquete Habana Approach To The Rescue, John Haberstroh

ExpressO

The article's centerpiece is the Ninth Circuit litigation (Doe v. Unocal) charging Unocal Corp. with complicity in the Burma’s government’s use of forced labor. The article first examines the Alien Tort Claims Act, under which the action is brought, through an exploration of that statute’s original purpose and historical context. The article then looks at the modern revival of ATCA in international human rights claims, and finally closely considers the Unocal litigation, in particular the September 18, 2002 decision favoring the plaintiffs. (The 2002 decision is undergoing review by an en banc panel of the Ninth Circuit, with the panel’s …

Nafta’S Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles Hendrickson Brower Ii

Law Faculty Research Publications

In this Article Professor Brower argues that most observers of NAFTA's investment chapter have missed an important and surprising development: Although the treaty's text shares a philosophical affinity with civil and political rights, its application has revealed an astonishing level of support for economic and social rights (ESCRs) in North America. Professor Brower examines the practical implications of this development both for the presentation of claims in investor-state arbitration and for the better integration of ESCRs into the mainstream of international law.

New Social Movements And The Struggle For Worker’S Rights In The Maquila Industry, Victoria Carty

Sociology Faculty Articles and Research

"Campaigns to improve worker’s rights in export processing zones (EPZs), also referred to the maquila industry in Latin America, is an important topic analytically and politically. On theoretical and practical levels, the co-existence of market economies with effective means to ensure adequate working conditions for workers is a critical question. Underlying the issue is a vigorous debate regarding how the global economy should be governed; who or what should govern it, and whose interest is should serve (Faux, 2002)."

Trade Sanctions And Human Rights–Past, Present, And Future, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The relationship between the international law of trade and the international law of human rights has commanded an increasing amount of scholarly attention in the past few years, perhaps spurred by the well-known events at Seattle in 1999. This article offers some reflections on this relationship, focusing on the permissibility under international law of imposing trade sanctions against nations that commit violations of international human rights. Part I begins with some reflections on the historical relationship between these two bodies of law. Part I also considers why the human rights community appears to feel threatened by the international trade system, …

Poverty Reduction, Trade, And Rights, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Outlawing The Trade In Child Labor Products: Why The Gatt Article Xx Health Exception Authorizes Unilateral Sanctions , Matthew T. Mitro

American University Law Review

No abstract provided.

Some Things Cannot Be Legislated, Robert M. Sherwood

Cardozo Journal of International and Comparative Law

The article argues that international intellectual property (IP) laws have limited effectiveness in developing countries without local support and robust institutional frameworks. It emphasizes that developing nations must recognize the role of IP in fostering economic growth and that judicial systems are critical in enforcing IP rights effectively.

The Multinational And The "New Stakeholder": Examining The Business Case For Human Rights, Scott Greathead

Vanderbilt Journal of Transnational Law

Business managers who ignore these realities--the concerns of these new corporate stakeholders--do so at the risk of their company's brand and their own careers. These are just a few examples of the new stakeholders of multinational corporations--workers, consumers, investors, indigenous peoples, non-governmental organizations (NGOs), and the media...

The concerns of these new stakeholders embrace human rights. It is a much broader concept of human rights, however, than the civil and political rights that used to dominate the agenda. Former concerns centered on freedom from arbitrary arrest, detentions, and other due process rights, freedom of speech and association, and governmental abuses …

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Human Rights, Terrorism, And Trade – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch

Faculty Scholarship

By putting human rights first and terrorism in the middle, I hope to open up questions about linkages among these regimes and whether measures within one regime can advance objectives of the others.

Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer

Law Faculty Articles and Essays

Human rights protection needs teeth. And those who work in the disparate field of human rights need to see the system more comprehensively and strategically. Far too often, political issues interfere with enforcement of human rights laws and allow violators to hide behind the unwillingness of national governments to take action to enforce existing laws against human rights violators. Lack of commitment to human rights enforcement or timely preventative or intervention actions have led to violators being left unpunished for torture, rape and genocide. This failure of governments means that there is a lack of deterent power sufficient to inhibit …

The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley

Richmond Journal of Global Law & Business

The place of labor standards in the global economy has figured prominently in recent discussions of trade and globalization. Labor standards figured prominently in the Seattle meeting of the World Trade Organization (WTO) in 1999, and they promise to figure prominently in discussions about a proposed Free Trade Area of Americas (FTAA). Labor standards represent a critical issue for both the American labor movement and the international trade union movement as they are central to making globalization work for working people.

A Trade/Human Rights Linkage By The United States: Is Enforcing Human Rights By Use Of Trade Sanctions Effective?, Blaise Omondi Odhiambo

LLM Theses and Essays

Universally held basic human rights must remain separate from political rights. Such basic human rights are those that are so universal that all societies, systems, nations, and ideology could, and do espouse them. Conversely, political rights are those that are dependent upon compatibility with the system of government in place and arc therefore far less likely to gamer universal support. An effective multilateral enforcement mechanism can only succeed if there are universal agreement and acceptance of the protected rights. Accordingly, at the outset of such a mechanism, only basic human rights may be enforced through trade sanctions. Once such a …

Nafta's Contribution To The Discrimination Of Mexican Women In The Maquiladoras, Jennifer Mandina

Buffalo Women's Law Journal

No abstract provided.

Trading Indigenous Rights: The Nafta Side Agreements As An Impetus For Human Rights Enforcement, David P. Kelly

Buffalo Human Rights Law Review

No abstract provided.

Massachusetts, Myanmar, Market Participation, And The Federal Shutdown Of Selective Purchasing Laws: Is The Power To Purchase Really The Power To Regulate , Scott Sommers

Northwestern Journal of International Law & Business

This article does not discuss whether intentionally giving companies an incentive to withdraw from Burma is economically or politically desirable for the people of Burma. The First Circuit did not concern itself with this subject either in rejecting the Massachusetts Burma Law. The question of interest to the court, and which should be of interest to any state citizen or global corporation interested in doing business with state agencies, was whether Massachusetts had the discretion to make a purchasing law directly concerning the business involvement of suppliers in foreign countries. While legitimate legal and practical arguments may be made that …

Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis

Michigan Journal of International Law

The public morals exception in Article XX of the General Agreement on Tariffs and Trade (GATT) could and should be interpreted in accordance with evolving human rights law on women's rights. This clause provides an exception to the general rule that members of the World Trade Organization (WTO) cannot take measures against other Members that would restrict trade. Under Article XX, WTO members may restrict trade for a variety of social reasons, including protecting the environment, preventing prison labor, and otherwise promoting "public morals.” This Note will argue in particular that a nation should be allowed to invoke the public …

Preemption & Human Rights: Local Options After Crosby V. Nftc, Robert Stumberg

Georgetown Law Faculty Publications and Other Works

In June 2000, the Supreme Court held in Crosby v. National Foreign Trade Council (NFTC) that federal sanctions against Burma preempted the Massachusetts Burma law. With its "Burma Law," Massachusetts sought to replicate the anti-Apartheid boycott, one of the most successful human rights campaigns in history. Massachusetts' Burma law authorized state agencies to exercise a strong purchasing preference in favor of companies that do not conduct business in Burma unless the preference would impair essential purchases or result in inadequate competition.

In Crosby, the Court held that Congress preempted the Massachusetts Burma law when it adopted federal sanctions on …

Capitalism And Human Rights, Rhoda E. Howard

Buffalo Human Rights Law Review

Book review of Amnesty International and Pax Christi International's Multinational Enterprises and Human Rights: a Report, G.B. Madison's The Political Economy of Civil Society and Human Rights & William H. Meyer's Human Rights and International Political Economy in Third World Nations

U.S. Income Taxation Of Foreign Parties: A Primer, Ernest R. Larkins

Syracuse Journal of International Law and Commerce

Over the last five years for which data are available, the number of foreign corporations showing net income on Form 1120F, U.S. Income Tax Return of a Foreign Corporation, has increased 36.5 percent. [1] In addition, the number of individuals granted temporary stays in the United States as non-immigrants has steadily increased from 9.5 million in 1985 to 24.8 million in 1996, an average annual increase of 9.1 percent. [2] These increases evidence growing opportunities to serve international clients and suggest that tax professionals must have a fundamental working knowledge of the way the U.S. tax system treats foreign parties. …

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Economic Espionage: The Front Line Of A New World Economic War

Syracuse Journal of International Law and Commerce

No abstract provided.