International Trade Law Commons^™

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.

The Ada: A Model For Europe With "Sharper Teeth?", Carol Daughterty Rasnic

ILSA Journal of International & Comparative Law

I wish ... for the passionate sense of the potential, for the eye which... sees the possible.... Soren Kierkegaard, 19th century Danish philosopher

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 …

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 …

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 …

The Importance Of The Universal Declaration Of Human Rights In The Past And Future Of The United Nation's Human Rights Efforts, Elsa Stamatopoulou

ILSA Journal of International & Comparative Law

After fifty years since the adoption of the Universal Declaration of Human Rights [hereinafter UDHR] it is legitimate to ask whether the UDHR is at the root of all the positive international action in the last five decades.

Africa And Her Charter On Human And Peoples' Rights -Notyet "Ominira", Thomas Adeoye Olugbemiga Fawole

LLM Theses and Essays

It is in the light of the foregoing that we intend in this thesis to examine the state of human rights in Africa. It would be the province of the thesis to find out how far the African Charter on Human and Peoples' Rights has enhanced the independence of the various African countries and improved on the quality of the rights enjoyed by the citizenry. While Chapter 2 deals with human rights in precolonial Africa, human rights in "modern day" Africa, i.e. from the colonial era, are dealt with in Chapter 5. Treating human rights under colonial rule and human …

Global Labor Rights And The Alien Tort Claims Act, Sarah H. Cleveland

Faculty Scholarship

Are labor rights human rights? Are some worker rights so fundamental that must be respected by all nations, and all corporations, under all circumstances? If so, who has the authority to define such rights, and how should they be enforced? What is the effect on the global economy of enforcing international worker rights? These are some of the questions confronted by the authors of Human Rights, Labor Rights, and International Trade, a compilation of essays by an international group of scholars, labor rights activists, and corporate executives addressing contemporary topics in the dialectic among labor, trade, and human rights.

Selected Bibliography: The Reintegration Of Hong Kong Into China, Audrey E. Haroz, Jonathan R. Smith

Vanderbilt Journal of Transnational Law

The reintegration of Hong Kong into the People's Republic of China (hereinafter P.R.C.) on July 1, 1997, brought together two countries, one capitalist and one communist, under one rule. As evidenced by the variety of perspectives offered at the Vanderbilt Journal of Transnational Law's Symposium on Hong Kong's Reintegration into the P.R.C., there is much scholarly debate concerning this merger and the effect it will have on the people and politics of both countries as well as on the international community.

An earlier version of this bibliography is included in the May 1997 issue of the Journal. This bibliography has …

The Marlboro Man In Asia: U.S. Tobacco And Human Rights, Jonathan Wike

Vanderbilt Journal of Transnational Law

In recent years, U.S. tobacco manufacturers have responded to declining domestic consumption by aggressively promoting their products in Asia and other foreign markets. Their efforts have resulted in increased tobacco use and increased health risks in Asia. This Note discusses the legal implications of U.S. tobacco marketing in Asia, particularly the disadvantages faced by Asians who might wish to challenge U.S. tobacco manufacturers in court. The author first describes tobacco promotion In Asia and the limited potential for recovery against U.S. tobacco companies by Asian plaintiffs in their domestic courts. The Note then contrasts the limitations Asian plaintiffs face in …

Human Rights First, Richard Dicker

Human Rights Brief

No abstract provided.

More Bull From The China Shop, Wendell L. Willkie

Human Rights Brief

No abstract provided.

Expanding The Role Of The International Court Of Justice To Resolve Interethnic Conflict And Protect Minority Rights, Paul J. Magnarella

Florida State University Journal of Transnational Law & Policy

Despite the prevalence of interethnic conflict and its threat to world order, the global constitutive process offers no universal mechanism, such as an international tribunal, to adjudicate the claims advanced by non-state, ethnic minorities. This author advocates establishing such a mechanism. During our present century, the power of politicized ethnicity in international and intra-state affairs repeatedly manifests itself around the globe in countries old and new. Ethnopolitical movements involve the mobilization of people on the bases of cultural characteristics, such as language, tradition, religion, homeland, and selected physical traits. Ethnopolitics significantly affects the world order. In 1973, Walter Connor wrote: …

International Human Rights Law In U.S. Courts, Richard B. Lillich

Florida State University Journal of Transnational Law & Policy

Although, as Professor Bilder rightly observes, "[ijnternational human rights law is derived from a variety of sources and involves many kinds of materials, both international and national, it is to national law that one must look first to determine the scope and content of the human rights recognized and protected in any country. Domestic courts confronted with human rights claims initially refer to national constitutions, laws, decrees, regulations, court and administrative decisions, and policy pronouncements for relevant rules of decision. Increasingly, however, domestic courts also are taking international human rights law into account in deciding cases. The purpose of this …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

The Human Rights of Aliens in Contemporary International Law By Richard B. Lillich Dover, New Hampshire: Manchester University Press, 1985. Pp. xii, 126. $38.00

Banking on the Act of State By Carsten Thomas Ebenroth Universitdtsverlag Konstanz Gmbh: 1985. Pp. 101.DM66,80.

The Iran-United States Claims Tribunal, 1981-1983 Edited by Richard B. Lillich Charlottesville, Virginia: The University Press of Virginia, 1985. Pp. viii, 156. $25.00

Emerging Standards of International Trade and Investment Edited by Seymour J. Rubin and Gary Clyde Hufbauer Totowa, New Jersey: Rowman & Allanheld, 1984. Pp. ix,196

The World of International Tax Planning By Milton Grundy New …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

HUMAN RIGHTS IN A ONE-PARTY STATE.

The International Commission of Jurists. London: Search Press, 1978. Pp. 133.

This work is a report of a seminar conducted by the international Commission of Jurists in Dar-es-Salaam, Tanzania in 1976. The topics discussed include the maintenance and furtherance of social and individual rights in the constitutional one-party systems which have developed in Eastern Africa since independence from colonial rule. Specific attention is focused on the experiences of Tanzania, Zambia, and Sudan.

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RESOURCE MANAGEMENT AT THE INTERNATIONAL LEVEL.

By Oran Young.

New York: Nichols Publishing Company, 1977. Pp. 252.$16.00.

The emphasis of this …

Some Legal Problems Of State Trading In Southeast Asia, Chittharanjan F. Amerasinghe

Vanderbilt Law Review

State trading-trade conducted internationally by a state or public agency-has become a feature of the mixed economies of southeast Asia. With the growing importance of economic planning and the increase of state intervention (often tantamount to absolute control)in areas of the economy of individual southeast Asian countries, there has been an expansion of international trading functions by states or public agencies. Much of this trade is conducted at a state to state level, i.e., on a bilateral basis. This kind of infrastructure is attributable in part to the fact that the Communist bloc countries generally either have no place for …