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- Global Human Rights Law and the Boundaries of Statehood (4)
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Articles 1 - 8 of 8
Full-Text Articles in Social and Behavioral Sciences
Puzzling Out Law's Person, David A. Wishart
Puzzling Out Law's Person, David A. Wishart
Indiana Journal of Global Legal Studies
How is the person to be conceptualized in law? Is it subject or object, what is its ontology and teleology? These are old questions, but ones newly raised by changing ideas of the province of the state, technology, and the extension of legality. Examples include the protection of the fetus in utero; contractualization of relationships, including those of welfare; the regulation of intimacy; the idea of government business; interventions in the business of the firm; and challenges to legal entitihood as constructing personhood. Much discussion of these is incommensurable in terms of place, culture, and discipline. This article ventures a …
Contesting Austerity: The Potential And Pitfalls Of Socioeconomic Rights Discourse, Joe Wills, Ben Warwick
Contesting Austerity: The Potential And Pitfalls Of Socioeconomic Rights Discourse, Joe Wills, Ben Warwick
Indiana Journal of Global Legal Studies
This article argues that, while socioeconomic rights have the potential to contribute to the contestation of austerity measures and the reimagining of a "postneoliberal" order, there are a number of features of socioeconomic rights as currently constructed under international law that limit these possibilities. We identify these limitations as falling into two categories: "contingent" and "structural". Contingent limitations are shortcomings in the current constitution of socioeconomic rights law that undermine its effectiveness for challenging austerity measures. By contrast, the structural limitations of socioeconomic rights law are those that pertain to the more basic presuppositions and axioms that provide the foundations …
Citizens Of Sinking Islands: Early Victims Of Climate Change, Erin Halstead
Citizens Of Sinking Islands: Early Victims Of Climate Change, Erin Halstead
Indiana Journal of Global Legal Studies
This Note discusses the effects of climate change that threaten Small Island Developing States (SIDS). Specifically, with increasing global greenhouse gas (GHG) emissions resulting in rising sea levels and higher frequency of extreme weather events, many citizens of SIDS are forced abandon their homelands, which are no longer livable. Although SIDS are some of the smallest contributors to GHG emissions, and therefore contribute the least to climate change, SIDS are some of the countries most heavily affected by the negative effects of climate change. The global community has an obligation to accommodate these displaced people, partially due to the significant …
State Ownership And The United Nations Business And Human Rights Agenda: Three Instruments, Three Narratives, Mikko Rajavuori
State Ownership And The United Nations Business And Human Rights Agenda: Three Instruments, Three Narratives, Mikko Rajavuori
Indiana Journal of Global Legal Studies
The rise of globally-oriented state ownership has emerged as a crucial issue across political, economic, and legal planes during the past decade. Contrary to the traditional approach where state ownership is viewed primarily through trade law, antitrust law, and corporate law, this article discusses the proliferating state shareholder power in relation to international human rights law. In particular, the article interrogates three recent U.N. human rights governance instruments by using narratives that highlight perils, potential, and specialty of state ownership in the emerging business and human rights agenda. It is argued that the U.N. instruments realize the changes in the …
Fractured Territories And Abstracted Terrains: Human Rights Governance Regimes Within And Beyond The State, Larry Catá Backer
Fractured Territories And Abstracted Terrains: Human Rights Governance Regimes Within And Beyond The State, Larry Catá Backer
Indiana Journal of Global Legal Studies
The problem of representation has become a central element for the development of human rights norms, not just within international organizations, but within states as well. The problem has been made acute by two significant changes in the organization of power that became visible after the 1950s. On one hand, the idea of the individual became more abstract. Mass democracy became symptomatic of a general trend toward the dissolution of the individual within a mass population, which was incarnated as the aggregation of its group characteristics, its statistics, and data. On the other hand, states were becoming less solid; the …
Some Newly Emergent Geographies Of Injustice: Boundaries And Borders In International Law, Upendra V. Baxi
Some Newly Emergent Geographies Of Injustice: Boundaries And Borders In International Law, Upendra V. Baxi
Indiana Journal of Global Legal Studies
This conversation examines the relationship between the boundaries and borders in international law and the production of geographies of injustice through the lens of the colonial epistemologies, especially of private international law in the face of mass social disasters like the archetypal Bhopal catastrophe. I also address the languages and logics of coloniality and postcoloniality, as states of consciousness and social organization, under the complex and contradictory unity of neoliberalism.
Statehood, Power, And The New Face Of Consent, Sheldon Leader
Statehood, Power, And The New Face Of Consent, Sheldon Leader
Indiana Journal of Global Legal Studies
Individuals and groups are often subjected to power, both public and private, by eliciting their consent. Debate usually focuses on whether or not that consent is freely given or is vitiated by imbalances of strength between the bargaining parties. This essay focuses on a different issue, one that is largely passed over in legal and moral analyses: how far does and should consent bind one to accepting in advance changes in the future? There are signs of a fundamental shift in answering this question-a shift that particularly concerns the control of power in the economy. Industrial democracies may be abandoning …
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz
Indiana Journal of Global Legal Studies
At the heart of international law lies a central tension. On the one hand, the fundamental rights recognized in international treaties protect the fundamental interests of individuals, obligating all actors who can affect these rights. One the other hand, international law has often been conceived of as a system in which the only legitimate actors are states. In turn, only states can be bound by the fundamental rights obligations in international treaties. To address this tension, two models have been proposed. The first is an "Indirect duty" approach, whereby the state remains the primary duty-bearer and must itself "create" the …