Human Rights Law Commons^™

The Asylum Representation Project And The Leon Levy Fellowship At Human Rights First: An Innovative Partnership To Increase Pro Bono Representation For Indigent Asylum-Seekers, Lori Adams, Alida Y. Lasker

Cardozo Law Review

No abstract provided.

Google’S China Problem: A Case Study On Trade, Technology And Human Rights Under The Gats, Henry S. Gao

Research Collection Yong Pung How School Of Law

Trade and human rights have long had a troubled relationship. The advent of new technologies such as internet further complicates the relationship. This article reviews the relationship between trade, technology and human rights in light of the recent dispute between Google and China from both theoretical and practical perspectives. Starting with an overview of the internet censorship regime in China, the article goes on to assess the legal merits of a WTO challenge in this case. First, the article discusses which service sector or subsectors might be at issue. Second, the article analyzes whether and to what extent China has …

Realizing The Human Right To Water In Tanzania, Leticia K. Nkonya

Human Rights Brief

No abstract provided.

The Us On The Palestinian Statehood Bid: Weighing The Costs, Thomas Pegram

Human Rights & Human Welfare

Reflecting on the controversy surrounding the Palestinian bid for statehood, Richard Falk neatly subverts the opening words of the UN Charter, “we the people,” as having always surrendered to “we the governments,” and, in the modern era of American empire, “we the hegemon.”

This may well be true. The UN Security Council (UNSC), in particular, is viewed in Washington as a vehicle for hegemonic ambitions—to be indulged when it serves its purpose and vetoed and sidelined when it does not. Unfolding events at the UNSC, reportedly due to vote on the Palestinian resolution on November 11 but now postponed perhaps …

The Sum Of The Parts, Therese O'Donnell

Human Rights & Human Welfare

From one perspective the Middle East lends itself as a macabre mise-en-scene where the triumph of realpolitik over the legitimacies of international law can be continually re-staged. To be sure, at least two sovereign states seem to go their own way, even in the face of rampant and valid international criticism—the end of a construction freeze on illegal settlements and failures to condemn clearly illustrate this point. However, two can play at that game. The US veto of the October 2003 draft Security Council resolution declaring as illegal Israel’s construction of its security fence, beyond the 1949 Green Line and …

November Roundtable: The Palestine Bid For Statehood At The Un, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“Statehood versus “Facts on the Ground””. By Richard Falk. Aljazeera, September 20, 2011.

Hard Times For Peace Between Two Internally Divided Societies, Claudia Heiss

Human Rights & Human Welfare

These are not promising days for those who desire peace between Israelis and Palestinians, with two states respected by each other and recognized by the international community, living securely side by side. Richard Falk’s article rightly stresses the negative role played by the US Government in its sharp rejection of the Palestinian bid for statehood at the United Nations Security Council. The problem, however, seems to lie deeper in these complex societies and their current political leaderships.

Regulating Business Impacts On Human Rights In Southeast Asia - Lessons From The Eu, Mahdev Mohan

Research Collection Yong Pung How School Of Law

The mid-June endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights has been welcomed as the authoritative global standard for corporations to respect human rights. The Guiding Principles are the culmination of a 6-year UN-commissioned study by Professor John Ruggie, which concludes that companies should carry out human rights due diligence to identify, prevent, mitigate, and account for how they address their adverse human rights impacts. Drawing on related regulation in Europe, this article considers how best to implement the Guiding Principles in Southeast Asia.

People First: The Cuban Travel Ban, Wet Foot-Dry Foot And Why The Executive Branch Can And Should Begin Normalizing Cuba Policy, Jarrett Barrios

Connecticut Public Interest Law Journal

No abstract provided.

Human Rights Legislation In The Arab World: The Case Of Human Trafficking, Mohamed Y. Mattar

Michigan Journal of International Law

In the Arab World, human rights legislation has not always enhanced human rights. In fact, many national laws have been adopted that restrict human rights. Some countries' laws regulating nongovernmental organizations (NGOs) do not allow NGOs to receive funding from foreign entities. Media laws impose various limitations on the press. Jordan is the only Arab nation to enforce a comprehensive law on combating violence against women. Jordan is also the only country that has a law on access to information. Despite these gaps in human rights legislation, many Arab countries have passed comprehensive laws to combat human trafficking since the …

Trafficking In Europe: An Analysis Of The Effectiveness Of European Law, Saadiya Chaudary

Michigan Journal of International Law

This Essay looks at the manifestation of various forms of human trafficking within Europe and analyzes the effectiveness of current European law provisions in combating trafficking and protecting victims. The Essay will accomplish this by examining recent and current cases before the European Court of Human Rights and the comparative gap between European standards and domestic procedures in the United Kingdom. The United Kingdom is a well-known destination state for trafficking victims' and consequently is required to meet obligations under international law toward a significant number of individuals who have been forced into exploitation in the United Kingdom.

Food Justice As Interracial Justice: Urban Farmers, Community Organizations And The Role Of Government In Oakland, California, Christopher J. Curran, Marc-Tizoc González

University of Miami Inter-American Law Review

No abstract provided.

Divided We Stand: The Haudenosaunee, Their Passport And Legal Implications Of Their Recognition In Canada And The United States, Nicole Terese Capton Marques

San Diego International Law Journal

There are several indigenous nations divided by the international border between the U.S. and Canada (hereinafter, border tribes). Part II will provide historical background on the Haudenosaunee and the Haudenosaunee passport, as well as on the Jay Treaty's free passage right as recognition that the international border was not to affect border tribes. Part III of this comment will examine the trust-like duty both federal governments owe to indigenous populations in general, briefly describe benefits and services offered, and then discuss the legal effects of current legislation and regulations by the American and Canadian governments on Haudenosaunee tribal members living …

Building A New Bridge Over Troubled Waters: Lessons Learned From Canadian And U.S. Arbitration Of Human Rights And Discrimination Employment Claims, Shelley Mcgill, Ann Marie Tracey

Cardozo Journal of International and Comparative Law

The article critiques the U.S. Supreme Court's decision in 14 Penn Plaza LLC v. Pyett, which upheld the enforceability of collective bargaining agreements that waive individuals' rights to pursue statutory discrimination claims in court, favoring mandatory arbitration. The authors argue that this ruling undermines access to justice and the societal goals of anti-discrimination laws, advocating for legislative reforms to preserve judicial forums. They contrast this with the Canadian system, which allows concurrent jurisdiction between labor arbitrators and human rights tribunals, emphasizing transparency, accountability, and public policy goals. The authors propose that arbitration should not preclude access to judicial or …

Stateless, Jay Milbrandt

Cardozo Journal of International and Comparative Law

The article argues that statelessness, affecting 12 million people globally, is a critical issue that international law inadequately addresses. It highlights the limitations of current legal frameworks and proposes a modern, technology-driven identification system to mitigate this crisis, drawing inspiration from historical solutions like the Nansen Passport.

Have Truth And Reconciliation Commissions Helped Remediate Human Rights Violations Against Women? A Feminist Analysis Of The Past And Formula For The Future, Margaret (Peggy) Maisel

Cardozo Journal of International and Comparative Law

The article argues that Truth and Reconciliation Commissions (TRCs) have largely failed to adequately address human rights violations against women due to their male-centered frameworks, which prioritize public sphere violations over private sphere abuses. While some TRCs, such as those in Sierra Leone and Peru, have made strides in incorporating gender considerations, others, like the South African TRC, have excluded women's experiences, perpetuating gender inequality. The article advocates for a gender-inclusive approach to ensure women's voices and violations are integral to reconciliation processes, emphasizing the need to address both civil-political and economic-social rights.

The Manual Scavenging Problem: A Case For The Supreme Court Of India, Samuel D. Permutt

Cardozo Journal of International and Comparative Law

The note addresses the persistent issue of manual scavenging in India, a practice where predominantly Dalit women and girls clean human waste under deplorable conditions. Despite legal prohibitions, the practice continues due to caste-based discrimination and inadequate sanitation infrastructure. The author argues that the Supreme Court of India, through Public Interest Litigation (PIL), can effectively tackle this issue by implementing a three-step solution to eradicate manual scavenging.

Comity Of Errors: The Overemphasis Of Plaintiff Citizenship In Foreign Sovereign Immunities Act "Takings Exception" Jurisprudence, Todd Grabarsky

Cardozo Law Review

No abstract provided.

A Future Of Equality For Virginia's Tribes: Reform The Federal Recognition Process To Repair Injustice, Katherine A. Womack

Law Student Publications

This article first examines the historical background of the Virginian-American Indian identity after European contact in Part I. This section looks at the early interactions between American Indians and colonial settlers, the treaties that defined American Indian identity, and the first government-to-government relationships between the tribes and colonial powers. It also follows the changing social attitudes toward American Indians. Part II discusses how social attitudes in the early twentieth century about American Indians led to long-reaching legal effects for Virginian-American Indians. Part III details the federal recognition process, and discusses how and why it denies Virginia’s tribes an equal place …

Migrant Smuggling: Canada's Response To A Global Criminal Enterprise: With An Assessment Of The Preventing Human Smugglers From Abusing Canada's Immigration System Act (Bill C-4), Benjamin Perrin

All Faculty Publications

Migrant smuggling is a dangerous, sometimes deadly, criminal activity which cannot be rationalized, justified, or excused. From both a supply and demand side, failing to respond effectively to migrant smuggling and deter it will risk emboldening those who engage in this illicit enterprise, which generates proceeds for organized crime and criminal networks, funds terrorism and facilitates clandestine terrorist travel; endangers the lives and safety of smuggled migrants, undermines border security, with consequences for the Canada/U.S. border, and undermines the integrity and fairness of Canada’s mmigration system. Introduced in Parliament in June, 2011, the Preventing Human Smugglers from Abusing Canada’s Immigration …

Flying Into The Future: Drone Warfare And The Changing Face Of Humanitarian Law, Michael A. Newton

Vanderbilt Law School Faculty Publications

Before we consider the specifics of drone warfare, we must remember two predicate points. Firstly, the discipline of international criminal law has never been healthier as the era of accountability is irreversibly underway. While the challenges of administering justice in the midst of profound political and personal passions remain, there is no current shortage of young and inspired advocates who wish to contribute. Furthermore, they do so against the backdrop of a developed discipline. It cannot be forgotten that the discrete discipline that we term international criminal law, and that many of us teach in our law schools, has taken …

Earth Jurisprudence And Lockean Theory: Rethinking The American Perception Of Private Property, Traci Lynne Timmons

Environmental and Earth Law Journal (EELJ)

Earth Jurisprudence and Lockean Theory

Abstract by Traci Lynne Timmons

Thomas Berry, father of the Earth Jurisprudence movement, called for re-examining human-Earth relations. Earth Jurisprudence aspires to promote a greater respect for nature and all living things on Earth, aiming to intertwine Earth’s natural law with the body of law that governs humanity. This paper explores Earth Jurisprudence as an alternative to the property regime in the United States. It examines the fundamental principles of property ownership, frequently attributed to the philosophy of John Locke, but digs deeper into these “Lockean” roots to reveal important caveats to Locke’s general principles …

The Wilderness Myth: How The Failure Of The American National Park Model Threatens The Survival Of The Iyaelima Tribe And The Bonobo Chimpanzee, Mark Hopson

Environmental and Earth Law Journal (EELJ)

The Wilderness Myth

Abstract by Mark Hopson

Contrary to popular opinion, and the vast majority of legal scholarship on the subject, the traditional American model for a national park is scientifically and logically unsound. Further, this model has been adopted at a terrible social cost to the indigenous tribes who lived on the land that became national parks. Every government that has chosen to implement the American national park model has done so at the expense of indigenous people.

This article chronicles the creation of the world’s first national parks, Yosemite and Yellowstone, and the legal battles involved. The article …

Prisoner-On-Prisoner Sexual Harassment: The Prevalence, Severity, And Lack Of Legal Recourse, Jayla Burton

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

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

Buffalo Human Rights Law Review

No abstract provided.

Human Trafficking For Begging, Iveta Cherneva

Buffalo Human Rights Law Review

Beggars are a part of the street landscape of any major city. However, many of the children and elderly women begging on the streets are forced beggars: victims of trafficking in persons who are part of a beggars ring with an organizational complexity comparable to that of a medium-size business enterprise. The present work focuses on the phenomenon of trafficking in persons for the purpose of begging, arguing for its legal conceptualization under international law. Although it is occasionally mentioned in a limited number of international reports and legal documents as a form of trafficking-related exploitation, forced begging is a …

Samantar V. Yousuf: Recent Developments In The Laws Governing Civil Torture Claims In U.S. Courts, Solomon B. Shinerock

Buffalo Human Rights Law Review

No abstract provided.

"Death To Gays!" Uganda's 'One Step Forward, One Step Back' Approach To Human Rights, Tiffany M. Lebrón

Buffalo Human Rights Law Review

No abstract provided.

Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal

Connecticut Public Interest Law Journal

No abstract provided.

The Arab Spring: Endgames As Framing Battle, Colm Campbell

Human Rights & Human Welfare

The narrative of the Arab Spring (including the Syrian uprising) in the mainstream media appears clear and linear: a cruel dictator is challenged in a series of street demonstrations that rapidly coalesce to become a popular uprising. The dictator resorts to increasingly brutal repression, but this fails to end the challenge. Within a relatively short time the dictator is overthrown. Elections within a reasonable period are announced, promising the creation of a democracy that is representative not only of the protest movement, but of society as a whole. Raghida Dergham's Huffington Post article largely reflects this perspective, drawing attention to …