Human Rights Law Commons^™

The Aggravating Duty Of Non-Aggravation, Steven R. Ratner

Articles

International law's duty of non-aggravation requires states to avoid actions that might inflame an international dispute, both to maintain international peace and to preserve the effectiveness of judicial or arbitral proceedings. Yet parties on the receiving end of calls for non-aggravation --whether from the Security Council or at tribunal -- have little idea of what conduct they are expected to avoid. This state of affairs is most unfortunate in light of the centrality of this norm to the peaceful resolution of disputes and, in particular, examples of seemingly provocative and aggravating acts in recent years. This article attempts to give …

Cle Working Paper No. 3/2021--A Roof Over Our Stomachs: The Right To Housing In Canada And Its Implications For The Right To Food, Tasha Stansbury

Centre for Law and the Environment

In 2019, the Canadian government passed the National Housing Strategy Act, legislating for the first time a human right to housing in Canada. This was largely the result of pressure from housing advocates to align Canada’s legislation with the right to housing embedded in international human rights instruments. Despite similar efforts, food rights advocates have not had the same success in having the right to food recognized in Canadian law. This paper considers the question of whether, and how, food rights advocates can use the process of achieving a legislated right to housing as a model in pursuing the legislation …

Pandemics And International Law: The Need For International Action, Claudio Grossman

Human Rights Brief

No abstract provided.

The Tortured Woman: Defying The Gendered Conventions Of The Convention Against Torture, Linda Kelly

Human Rights Brief

No abstract provided.

Defining The Relationships: "Cause, Contribute, And Directly Linked To" In The Un Guiding Principles On Business And Human Rights, Tara Van Ho

Faculty Articles

According to the United Nations Guiding Principles on Business and Human Rights, businesses owe remediation when they "cause" or "contribute to" a human rights impact, but not when they are only "directly linked to" it. These terms determine when a victim is entitled to seek remediation from a business, but they have largely been ignored in existing scholarship. This article investigates the meaning of "cause, contribute, and directly linked to", revealing confusion and uncertainty before proposing a new system, built on existing authoritative guidance, for interpreting the terms and determining when businesses owe remediation for their human rights impacts.

Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala

Journal of Race, Gender, and Ethnicity

No abstract provided.

Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie

Publications

No abstract provided.

Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev

Publications

No abstract provided.

Trade, Economy, And Work: A Shared Agenda For A Stronger Economic Future, Alvaro Santos, Christopher Wilson

Georgetown Law Faculty Publications and Other Works

The economies of the United States and Mexico have become inextricably linked. For both countries, the other is their top trading partner, with an annual value of $616.38 billion in 2019. Beyond cross-border trade, however, our global competitiveness is linked due to the depth of manufacturing integration. As a result, job creation and export growth are largely regional enterprises. Well over a billion dollars in commerce crosses the border each day, and the GDP of the six Mexican and four U.S. border states is larger than the GDP of all but the three largest countries in the world.

The new …

Rule Of Law And Human Rights: Strengthening Democratic Institutions Academy On Human Rights And Humanitarian Law Articles On Rule Of Law And Human Rights: Strengthening Democratic Institutions: Introduction, Claudia Martin, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2020 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and on so many areas of the world. We hope these participants are able to use their articles as mechanisms for change.

Pornography-Based Sex Trafficking: A Palermo Protocol Fit For The Internet Age, Hope Watson

Vanderbilt Journal of Transnational Law

The United Nations Palermo Protocol provides an international framework for regulating human trafficking with aims of increasing perpetrator prosecution and victim rehabilitation. Signatory nations implement this resolution through domestic legislation. Discrepancies across these statutes result in dangerous jurisdictional gaps and chaotically varied law enforcement approaches. Though legal scholarship rarely addresses the topic, pornography-based sex trafficking provides a clear example of this trend. The unique digital features of the internet compound these challenges. This Note seeks to close procedural gaps and alleviate policing frustrations through a proprietary examination of the Protocol’s “exploitation” definition and suggests an amendment to the Protocol that …

Establishing State Responsibility In Mitigating Climate Change Under Customary International Law, Vanessa S.W. Tsang

LL.M. Essays & Theses

As acknowledged in the Paris Agreement’s Preamble, climate change is a “common concern of humankind.” To tackle the anthropogenic greenhouse gases (GHGs) at source, State governments played a pivotal role in implementing climate change policies. It thus justifies the approach of looking into the solutions to climate change from a state responsibility perspective. As mentioned by James Crawford, “[a]ny system of law must address the responsibility of its subjects for breaches of their obligations.” The finding of state responsibility in mitigating climate change will complement the treaty-based climate change regime, providing grounds for climate change litigations and policy formulation.

More …

A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Deystone

Publications

There is no critical race approach to international law. There are Third World approaches, feminist approaches, economic approaches, and constitutional approaches, but notably absent in the catalogue is a distinct view of international law that takes its point of departure from the vantage of Critical Race Theory (CRT), or anything like it. Through a study of racial ideology in the history of international legal thought, this Article offers the beginnings of an explanation for how this lack of attention to race and racism came to be, and why it matters today.

2020 Fall - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Fall 2020 issue of the CLIHHR Newsletter documents the Institute’s legal advocacy and programming during the COVID-19 pandemic and a period of heightened political and human rights challenges. It features litigation challenging U.S. sanctions against the International Criminal Court, amicus advocacy on Holocaust restitution, clinic efforts supporting Indigenous communities in Brazil, strategic planning on housing and health rights, student and alumni achievements, and virtual public events on genocide prevention, citizenship, and international justice. The newsletter reflects CLIHHR’s continued commitment to accountability, human rights protection, and survivor-centered advocacy.

Oppression Or Occupation: Conflicting Views On The Nature Of Sex Work In France And Under International Law, Carver Wolfe

Politics and International Relations Presentations

Although there is some debate over the exact number of victims of sex trafficking, it is agreed upon that it is an issue that affect primarily women and girls around the world. This paper will examine modern day slavery and the unresolved, century-old debate surrounding sex trafficking and sex work. While abolitionists advocate for total eradication of all sex work, whether it is consensual or not, libertarians support the right to voluntary sex work while condemning the coercion and exploitation that surrounds all forms of trafficking. I will use an analysis of international conventions and will begin a comparative analysis …

40 Years Later: It’S Time For U.S. Ratification Of The American Convention On Human Rights, Justin M. Loveland

Seattle Journal for Social Justice

No abstract provided.

Business And Human Rights In The Context Of Sanctions: A Road To Filling The Governance Gap, Bahareh Jafarian

LLM Theses

As concerns about the negative impacts of sanctions on the human rights of civilians and the environment increases, it is necessary to reflect upon the lawfulness and legal status of such measures in international law, and their impact on business enterprises and the field of Business and Human Rights (BHR). While current academic literature tends to focus on implementation, enforcement and business compliance with unilateral and multilateral sanctions, the negative impacts of sanctions on non-state actors and resulting human rights violations are overlooked. Specifically, the relationship between sanctions law and the responsibility of businesses to respect human rights and the …

2020 Spring - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Spring 2020 issue of the CLIHHR Newsletter documents the Institute’s legal advocacy, research, and educational initiatives during the early stages of the COVID-19 pandemic. It features commentary on human rights and public health, the launch of structural violence teaching guides, recognition of Professor Gabor Rona’s work by the International Criminal Court, student amicus advocacy for Indigenous communities in Brazil, virtual clinic achievements, faculty outreach, and alumni and student spotlights. The newsletter reflects CLIHHR’s continued commitment to international justice, accountability, and human rights education in a time of global crisis.

Implementing The United Nations Declaration On The Rights Of Indigenous Peoples In The United States: A Call To Action For Inspired Advocacy In Indian Country., Kristen Carpenter, Edyael Casaperalta, Danielle Lazore-Thompson

University of Colorado Law Review Forum

No abstract provided.

Paradox Of Hierarchy And Conflicts Of Values: International Law, Human Rights, And Global Governance, Jootaek Lee

Northwestern Journal of Human Rights

In an international society, hierarchies are set up differently among different countries and societies based on different values, which are naturally conflicting and colliding with each other and result in unstable conditions. Is hierarchy really necessary in an international society? Does more hierarchical order in international society mean more peace? Do we need a supranational organization like the European Union whose laws can pierce state sovereignty and bind citizens of each member state? Does the United Nations need to be reformed to create an effective hierarchy, which will give international society more peace, security, and protection of human rights? This …

Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2019 Human Rights Essay Award competition. A third winning essay will be included in Volume 35, Issue 3. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and areas of the world. We hope these participants are able to use their articles as mechanisms for change.

Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2016, the leaders of 193 governments committed to more equitable and predictable sharing of responsibility for refugees as part of the New York Declaration, to be realized in the Global Compact on Refugees. To encourage debate, this paper presents the first global model to measure the capacity of governments to physically protect and financially support refugees and host communities. The model is based on a new database of indicators covering 193 countries, which assigns a fair share to each country and measures current government contributions to the protection of refugees. The model also proposes a new government-led global platform …

Editor’S Note, Padraig O’Malley

New England Journal of Public Policy

The articles in this issue of the New England Journal of Public Policy have their origins in presentations at a Chatham House conference titled “Rethinking Self-Determination,” February 2019, hosted by the International Communities Organization and the journal.

Among the many aspects of self-determination they address: the elasticity of the concept as a human right in the context of “peoples” (Freeman); individual rights versus collective self-determination (Summers); Biafra as an early case of internal self-determination—the territorial integrity of the state and the right of secession when “the right of a people to participate in the decision-making processes of a country is …

The Right Of Peoples To Self-Determination In Article 1 Of The Human Rights Covenants As A Claimable Right, James Summers

New England Journal of Public Policy

This article looks at the potential for individual communications under common article 1 of the Human Rights Covenants, in particular, under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. It first outlines the problems posed by the drafting of common article 1, in particular, the identity of peoples. It then considers how individuals might be able to claim peoples’ rights through representation and the collectivization of individual rights.

Finding Foreign Friends: National Self-Determination And Related Norms As Strategic Resources During The Biafran War For Independence, 1967–1970, Christopher Brucker

New England Journal of Public Policy

The study analyzes how the government of the Republic of Biafra used international norms to win foreign support during its 1967–1970 campaign to secede from Nigeria. Secession conflicts occur at the intersection of international and domestic politics. For independence movements, support from outside is crucial. But, as Bridget Coggins has asked, how can secession movements find “friends in high places”? International support for unilateral secession attempts is strictly prohibited. Domestic and international asymmetry are limiting secessionist foreign policy instruments to intangible means. Legitimacy is a central concept to illuminate the phenomenon. In international politics, legitimacy depends on the external perception …

European Union Integration And National Self-Determination, Mare Ushkovska

New England Journal of Public Policy

Recent demands for secession in several EU member states bring the issue of self-determination to the forefront of the debate about the future of the European Union. This article explores the European Union’s attitudes toward the international right to self-determination in the context of the rising salience of the greater political union between member states. The focus of the European project, in direct contrast to the glorification of nationhood, is on consensual decision-making rather than sovereignty, making self-determination obsolete in a reality of EU integration. This research finds that recognition of, or references to, the right to self-determination of peoples …

Prevention And Protection Interventions For Stateless Non-Refugee And Force Displaced Children, Tanya Herring

New England Journal of Public Policy

This article advances a general theory of law and justice that would expand the Palermo Trafficking and Smuggling Protocols to a wider application in human rights jurisprudence. The aim of the research reported here is to close the gaps in member-state policy and scholarship that addresses prevention measures and protection mechanisms for forcibly displaced children seeking self-determination in states that have not ratified the UN Convention on Refugees and the UN Conventions on Statelessness. The research is based on the premise that a stateless nonrefugee status constructs an extremely vulnerable state for children during forced migration and when they are …

Climate Change And Human Rights: Shaping The Narrative For Reflexive Responses From Civilization’S Leadership To Counter And Abate Climate Change And Enhance The Role Of Human Rights In The Rule Of Law, Michael Donlan

New England Journal of Public Policy

This article offers a bold new legal process for enhancing and upgrading the rule of law to enable civilization to cope with and counter the mounting damage and injustice caused by climate change. Climate change, once an unimaginable threat, is now a brutal, ubiquitous game changer that is leading inexorably to the demise of all humanity. Only by enhancing the rule of law and melding international law with domestic law can civilization fashion a coherent, global action plan for survival.

For almost three centuries greenhouse gases have been emitted around the world by the burning of fossil fuel, and—most alarming—these …

The Right To Self-Determination: Philosophical And Legal Perspectives, Michael Freeman

New England Journal of Public Policy

Why do we need to rethink self-determination? In this article I argue that self-determination is a necessary feature of the human condition and a human right but that it is in part illusory and is potentially dangerous. We need to rethink self-determination because our collective thinking has been very confused, and bad thinking about self-determination costs many lives.

Language, Indigenous Peoples, And The Right To Self-Determination, Noelle Higgins, Gerard Maguire

New England Journal of Public Policy

Language has always played a significant role in the colonization of peoples as an instrument of subjugation and homogenization. It has been used to control nondominant groups, including Indigenous peoples, often leading to their exclusion or assimilation. Many Indigenous groups, however, use language as a tool to connect the members of their community, to assert their group identity, and to preserve their culture. Thus, language has been used both as a means of oppression and as a mobilizer of Indigenous groups in their struggles for national recognition. Recognizing the significance of language in the identity and culture of Indigenous peoples, …