Human Rights Law Commons^™

Ccsi’S Consolidated Feedback On The Wba Draft Nature Benchmark Methodology, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

Private sector actors are paying more attention to their negative impacts on climate, nature, and biodiversity. CCSI engages with private sector initiatives, frameworks, and benchmarks in this area to ensure the core corporate responsibility to respect human rights is prioritized and addressed.

As part of this work, in March and April 2022, CCSI submitted comments to and engaged with the World Benchmarking Alliance on their Draft Methodology for their Nature and Biodiversity Benchmark. The World Benchmarking Alliance is a leading multi-stakeholder organization which creates benchmarks to publicly assess and rank the world's most influential companies on their contributions to …

Trafficking Without Borders: Why It Is Time For The Law To Properly Address Cybersex Trafficking In The Livestreaming Context, Jesse Raines

Catholic University Law Review

This Comment assesses the impact, and growing prevalence, of cybersex trafficking: A relatively novel form of human trafficking conducted via livestream over the internet. In particular, this Comment focuses on the differences between the statutes that criminalize sex trafficking and child pornography and how these statutes operate both domestically and internationally. This Comment argues that the Trafficking Victims Protection Act of 2000 should be amended in order for the modern crime of cybersex trafficking to fall under the statute’s ambit and to aid in prosecution efforts.

Neuroscience, Criminal Sentencing, And Human Rights, Elizabeth Shaw

William & Mary Law Review

This Article discusses ways in which neuroscience should inform criminal sentencing in the future. Specifically, it compares the ethical permissibility of traditional forms of punishment, such as incarceration, on the one hand, and rehabilitative “neurointerventions” on the other. Rehabilitative neurointerventions are interventions that aim directly to modify brain activity in order to reduce reoffending. Various jurisdictions are already using techniques that could be classed as neurointerventions, and research suggests that, potentially, an even wider range of rehabilitative neurointerventions may be developed. This Article examines the role of human rights (in particular, the moral right to mental integrity and the legal …

Criminal Justice Is Local: Why States Disregard Universal Jurisdiction For Human Rights Abuses, Jeremy A. Rabkin, Craig S. Lerner

Vanderbilt Journal of Transnational Law

A German court recently convicted a minor Syrian official of abuses committed in Syria's civil war. The case was announced with fanfare but has since stirred no interest. Nor should this be surprising. The world has been here before. There was intense excitement in 1998, when British authorities arrested Augusto Pinochet, the former president of Chile, for human rights abuses committed in Chile. It was taken at the time as vindicating the doctrine that the worst human rights abuses fall under "universal jurisdiction," allowing any state to prosecute, even for crimes against foreign nationals on foreign territory. As generally acknowledged …

International Treaty As A Basis For The Recognition And Enforcement Of Foreign Interim Measures, Mansurov Artem

ProAcademy

The article examines in detail an international treaty as a basis for the recognition and enforcement of foreign interim measures, in addition, the author came to the conclusion that the Economic Procedural Legislation of Uzbekistan in chapter 33 of the EPC RU regulates proceedings in cases of recognition and enforcement of decisions of foreign courts and arbitrations, however, such foreign judicial acts as interim measures in any form are not regulated. In addition, the recently adopted legislation on international commercial arbitration - LRU 674 of February 16, 2021, despite the fact that its norms contain the regulation of interim measures …

An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell

Center for the Human Rights of Children

The Center for the Human Rights of Children, in collaboration with Kids in Need of Defense (KIND) and the Young Center for Immigrant Children’s Rights (“Young Center”) submits this input in response to the call for submissions made by the Special Rapporteur on the Human Rights of Migrants to inform the forthcoming report to the 50th session of the Human Rights Council regarding the United States’ current border management policies that aim to prevent migration atthe southern border. This input will focus on United States’ push back methods, namely the recently reimplemented Migrant Protection Protocols (MPP) otherwise known as “Remain …

Cruel And Unusual Punishment: The Eighth Amendment And Ice Detainees In The Covid-19 Crisis, Nechelle Nicholas

Pace Law Review

No abstract provided.

Legislation Of The Republic Of Uzbekistan In The Field Of Anti-Corruption Expertise Of Draft Regulatory Legal Acts, Kenjaev Timur Isomovich

ProAcademy

This article provides the legal basis for conducting anti-corruption expertise of draft regulatory legal acts, considers the fundamental acts providing for the development of this institution, and also puts forward proposals for its improvement. Summing up, it is proposed to touch upon the document defining the procedure for conducting anti-corruption expertise of regulatory legal acts and their drafts - the Regulation on the procedure for conducting anti-corruption expertise of regulatory legal acts and their projects. It should be noted that this document was significantly transformed in 2021 by adopting it in a new edition. The author proposes to note that …

Civil Society And Regional Human Rights Development In Asia: Lessons From The Asian Human Rights Court Simulation, Mark L. Shope, Wen-Chen Chang

Indiana Journal of Global Legal Studies

In 2019, the historic first hearing of the Asian Human Rights Court Simulation (AHRCS and its "Court') took place in Taipei, Taiwan. The Court heard the case of Chiou Ho-shun v. ROC (Taiwan). The judges of the AHRCS consisted of experts in international human rights law; and observers from the media, scholars, government officials, and national and international human rights defenders were in attendance. Along with the hearings, the event included workshops on international human rights topics and a civil society dialogue. This article discusses issues surrounding the development, ecosystem, and future of the Court. The article first discusses the …

Access To Medicine In Developing Countries: Elevating State Obligations Over Corporate Profit, Hakeem O. Yusuf, Kamil Omoteso

Indiana Journal of Global Legal Studies

This paper investigates the divergence between the objectives of the state in ensuring citizens' right to health and the profit-maximization objective of pharmaceutical corporations in relation to, access to, and supply of medicine. This divergence is pertinent given both the rising cost of medicines and unmet needs, particularly in developing countries. This paper analyses the correlation between pharmaceutical corporations' profit drive and the state's welfare obligation. There is a need to bridge the gap between business and human rights, which can be achieved by combining the concepts of "business ethical responsibility" and corporations' contributions to "common good" with the jurisprudence …

Social And Legal Need For Using Ict In Combating Corruption, Mavlonov Akmalkhoja Yusupovich

ProAcademy

The article examines the social and legal necessity of using information and communication technologies in the fight against corruption, its relevance, current trends, problems in our national legislation and ways to solve them. A review of the theoretical foundations and practice of using information and communication technologies in combating corruption is made. The results of studying the influence of information and communication technologies on the level of corruption in the countries are presented. It is shown that countries with high "anti-corruption" ratings also occupy high places in international ratings for the implementation of information and communication technologies with a level …

Some Aspects Of Prosecutor’ S Activity In Uzbekistan: Scientific Approaches And Functioning Mechanisms, Parikova Gulchekhrabonu

ProAcademy

Article consists of two parts: first, expression of different concepts of prosecutor’ s supervision with analysis, and functioning of prosecution office in Uzbekistan implementing supervision over execution of laws in the territory of the State as one of the main directions of the prosecution office; second, participation in court proceedings.

In the first part conceptual provisions given by legal scholars and the role of prosecutor’ s supervision, as well as legal features of this function carried out by Prosecution Office of Uzbekistan are considered.

It is known that prosecutor is an official who occupies an important and specific place in …

Prosecutorial Supervision Over The Observance Of The Rights Of Minors, Ahmedov Farhod Xusanovich

ProAcademy

The article considers the prosecutor's supervision over the investigation of crimes in the field of information technology. In addition, it was concluded that the participation of the prosecutor in the civil process is effective, but not fully. It is necessary to expand the powers of the prosecutor to apply to the courts and intervene in the process to give an opinion, the legal grounds for the participation of the prosecutor in the consideration and resolution of civil cases on the protection of the rights and legitimate interests of minors, and also to provide the prosecutor with the right to participate …

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.

Rights And Legitimate Interests Of The Victim From The Perspective Of The Concept Of Criminal Procedure Of The Republic Of Uzbekistan: Problems And Ways To Solve Them, Bazarova Dildora Bakhadirovna

ProAcademy

The article deals with the issues of ensuring the rights and legitimate interests of victims in the law of criminal procedure of the Republic of Uzbekistan. The author notes that the rights and legitimate interests of victims in comparison with suspects and accused persons are largely limited and not provided for by law, the very concept of the Code of Criminal Procedure of the Republic of Uzbekistan is aimed at ensuring the speedy disclosure of the criminal case, a fair consideration of the case and ensuring that the innocent person is not brought to justice, as well as the rights …

Justice For All? Impeding The Villainization Of Human Trafficking Victims Via The Expansion Of Vacatur Laws, Sarah Devaney

Pepperdine Law Review

It is common for human trafficking victims to acquire a criminal record as a result of the activities they are forced to engage in whilst being trafficked. Once these victims become survivors, their criminal record hinders them from wholly reacclimating to society. The current state of human trafficking laws provides little to no relief for human trafficking survivors in regard to alleviating their criminal records. Accordingly, human trafficking survivors are perpetually victimized by the United States criminal justice system. This Article explores the current state of human trafficking laws and their enduring effect on survivors. Specifically, the Article examines California’s …

America's Foreign Policy Response To The Hong Kong China Conflict, Ciera C. Lehmann

Liberty University Journal of Statesmanship & Public Policy

Hong Kong has been fighting for democracy and to retain its autonomy from China, and the world has been watching. What should the response of the United States be? Hong Kong has been an important economic partner to the United States but is technically under the rule of China, who America has been working to maintain good relations with. In order to determine the course of action for American foreign policy, one must know what its foreign policy has been in the past and its relationships with Hong Kong and China are. Ultimately though, the United States has a moral …

The Use Of Information Technology In The Activities Of Law Enforcement Agencies: A Comparative Legal Analysis, Islamov Muzaffar Rasulovich

ProAcademy

The article considers the use of information technologies in the activities of law enforcement agencies: a comparative legal analysis with such countries as Germany, the USA, Korea, the Russian Federation. The global development of world civilization at the present stage of development of all areas and directions of human activity is determined, first of all, by the effectiveness of its information support. The economic, financial and political life of states, their prosperity and security largely depend on this. The activities of law enforcement agencies are associated with the processing of large volumes of various information, which, in modern conditions, requires …

Cyber Peacekeeping Operations And The Regulation Of The Use Of Lethal Force, Nicholas Tsagourias, Giacomo Biggio

International Law Studies

Peacekeeping is an essential tool at the disposal of the United Nations for the maintenance of international peace and security. The growing relevance of cyber technologies presents itself as an opportunity to adapt peacekeeping to the challenges of a rapidly evolving security landscape. This article introduces the notion of "cyber-peacekeeping," defined as the incorporation and use of cyber capabilities by peacekeepers. It discusses the legal basis for cyber-peacekeeping and the foundational principles of consent, impartiality, and use of defensive force. The article examines the use of lethal force by cyber-peacekeepers under the law of armed conflict paradigm. It considers the …

Opening Remarks, Danielle Kerker Goldstein, Mary Anne Bobinski, Samantha Harrell

Randolph W. Thrower Symposium

No abstract provided.

An Appeal In Favor Of That Class Of Americans Called Africans, Lydia Maria Child, Paul Royster (Editor)

Zea E-Books in American Studies

The roots of white supremacy lie in the institution of negro slavery. From the 15th through the 19th century, white Europeans trafficked in abducted and enslaved Africans and justified the practice with excuses that seemed somehow to reconcile the injustice with their professed Christianity. The United States was neither the first nor the last nation to abolish slavery, but its proclaimed principles of freedom and equality were made ironic by the nation’s reluctance to extend recognition to all Americans.

“Americans” is what Mrs. Child calls those fellow countrymen of African ancestry in 1833; citizenship and equality were what she advocated …

Lack Of ‘Will’ Or ‘Options’: A Study On The International Court Of Justice’S Tryst With Racial Discrimination, Atul Alexander

Indonesian Journal of International Law

The practice of racial discrimination is detrimental to the international community’s interest. Therefore, efforts at the national and international levels to curb racial discrimination must be undertaken. The Convention on the Elimination of the Racial Discrimination (ICERD), 1969, is one such effort to curb the practice of racial discrimination. The mandate to interpret and settle disputes pertaining to racial discrimination is upon the Committee on the Elimination of Racial Discrimination (CERD). However, the CERD is endowed with functions with a limited mandate; therefore, since 2010, States have been increasingly taking recourse to inter-state dispute settlement mechanisms, i.e., the International Court …

Good Governance And Civil Service Reform In Egypt, Ahmed Atef Labib

Theses and Dissertations

Governments in different states and even different governments within the same state may pursue different goals. To achieve their goals they apply administrative reforms, including civil service reforms, to adjust the government for achieving the intended goals. Pursuing different goals entails applying different administrative reforms. In the 2000s, the World Bank and the International Monetary Fund (IMF) suggested the Egyptian government, through loan conditionality, an administrative and civil service reform to promote economic growth based on their concept of good governance. In this paper, I argue that the suggested reform does not target economic growth but targets debt repayment. To …

Forced Marriage: An International Issue Calling For International Regulation And Accountability, Allison Weldon Adkins

Georgia Journal of International & Comparative Law

No abstract provided.

The (Second) Race To Space: A Human Rights Analysis Of Rapid Space Innovation, Alyssa Nelson

Georgia Journal of International & Comparative Law

No abstract provided.

The Fashion Industry's Inner Beauty: Does The Uk's Fight Against Modern Slavery Measure Up To Its Ilo Obligations?, Olivia Landrum

Georgia Journal of International & Comparative Law

No abstract provided.

Yom Ha’Shoah In An Even More Special Context, Richard Weisberg

Online Publications

This always precious day of mournful memory is linked in 2022 to the 80^th anniversary of the event that gave birth to all that unutterable sadness: the Wannsee Conference of 1942. In an otherwise innocuous building you can visit anytime you are in Berlin, a handful of men, over cakes and liqueur, devised the “Final Solution”. It took them around two days, well heated and protected from the ice and snow outdoors, to list mechanically their estimates of how many Jews lived in Europe’s various countries and how these Jews might be – though their written minutes never use …