Human Rights Law Commons^™

Enforcing International Human Rights Law Against Corporations, Barnali Choudhury

All Papers

International human rights law is generally thought to apply directly to states, not to corporations since the latter is not a subject of international law. Some domestic courts are, however, enforcing these norms against corporations in domestic settings. Canadian courts have, for instance, recognized that corporations can be liable for breach of customary international law norms while UK courts have enforced international human rights norms indirectly against corporations relying on a combination of domestic corporate and tort law.

At the same time, some states are choosing to enforce international human rights norms against corporations using regulatory initiatives. These initiatives, known …

The Term “Public Interest” Within The Regional Human Rights Systems: Serves The Interest Of The Individual Or The State?, Yaser Amouri Dr., Saja Majdoubeh Ms.

UAEU Law Journal

While regional human rights charters are established to consider the specificities of their respective regions and are expected to provide either undiminished or restricted protection, aiming to create a more equitable protection system than the international one, the regional charters have often followed the same path as the international agreements. In these charters, certain provisions have been included under the pretext of "public interest" to restrict certain group rights. Undoubtedly, this term has directly influenced court decisions within regional human rights protection systems, leading to various limitations on human rights and granting courts the power to subject these rights to …

Megaproyectos Y Su Impacto En Derechos Humanos En Una Comunidad De Origen Maya: Yaxhá, Yucatán, México., Gonzalo Manuel Herrera Canché

Journal of Maya Heritage

Abstract: The current development of extractive megaprojects in Latin American countries has had a significant impact on their societies and environments. This research addresses the issue of the impacts of extractive agricultural megaprojects on the environment, society and the economy, specifically the case of a pig farm in the community of Yaxhá, located in the municipality of Muna, Yucatán. The identified impacts are mainly attributed to the lack of strong and committed political institutions, lax environmental legislation, and the absence of an operating system, which facilitates human rights violations related to the environment, society, and access to information. In this …

Brandeis Center Presents: Navigating The Israeli-Palestinian Conflict With Justin Ellis, The Louis Brandeis Center For Human Rights Under Law

Flyers 2023-2024

No abstract provided.

Time To Enumerate The Slave Trade As A Distinct Provision In The Crimes Against Humanity Treaty, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum, Alexandra Lily Kather

Online Publications

The proposed Draft articles on Prevention and Punishment of Crimes against Humanity under consideration at the United Nations General Assembly’s Sixth Committee (Legal) are bereft of a distinct provision to address the international crime of the slave trade.

From The Frontlines: A Student Panel On The Israel-Hamas Conflict, The Louis Brandeis Center For Human Rights Under Law

Flyers 2023-2024

No abstract provided.

Climate Change, Corruption, And Colonialism: Solving The Conundrum With Regional Courts, Taylor Nchako

Northwestern University Law Review

It is no secret that climate change is the most pressing issue of our times. Global South countries, especially those in Africa, face challenges mitigating the worst impacts of climate change, adapting technological solutions, and continuing to develop their nation’s infrastructure and industry. Cameroon provides an archetypal example of the challenges many African countries face. Plagued by an economy that both exacerbates climate change and stands to collapse from it, Cameroon struggles with corruption that has roots in colonialism and neocolonialism. This corruption taints not only the forestry service and the executive branch, but the judiciary as well, leaving Cameroon’s …

Legal Protection Of Linguistic Minority Under Discrimination: The Case Of Anglophone Cameroon, Kome Donard

International Journal of Business and Technology

No abstract provided.

Dean Melanie Leslie’S Office Hours, Melanie B. Leslie, Jocelyn Getgen Kestenbaum, Rebecca Ingber

Event Invitations 2023

Join Dean Leslie and meet two Cardozo professors on the frontline of global human rights initiatives, Professor Jocelyn Getgen Kestenbaum

Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert

Articles

Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …

Empowering Nigerian Youths For Social Change: The Convergence Of Civic Education, Media, Art, And Activism, Zainab Onuh-Yahaya

Biennial Conference: The Social Practice of Human Rights

This paper examines the intersection of civic education, art, and the media as powerful tools for activism, social change, resistance, and transformation, particularly in the context of Nigerian youths. Over the past few years, young Nigerians have emerged as a formidable force in advocating for social justice and good governance in what they have describes as fighting for their lives. Drawing on interdisciplinary perspectives, this study explores how the integration of civic education, media, art, and activism empowers Nigerian youths to address social injustices and inequalities, challenge the generations that have come before, and drive meaningful transformations.

The paper then …

Review Of The Book Denial Of Genocides In The Twenty-First Century, John A. Drobnicki

Publications and Research

Review of the book Denial of Genocides in the Twenty-First Century, edited by Bedross Der Matossian.

Religious Liberty, Discriminatory Intent, And The Conservative Constitution, Luke Boso

Utah Law Review

The Supreme Court shocked the world at the end of its 2021–22 term by issuing landmark decisions ending constitutional protection for abortion rights, expanding gun rights, and weakening what remained of the wall between church and state. One thread uniting these cases that captured the public’s attention is the rhetoric common of originalism—a backwards-looking theory of constitutional interpretation focused on founding-era meaning and intent. This Article identifies the discriminatory intent doctrine as another powerful tool the Court is using to protect the social norms and hierarchies of a bygone era, and to build a conservative Constitution.

Discriminatory intent rose to …

A Vicious Cycle: United States’ Failure To Protect Immigrant Women’S Reproductive Rights At The Irwin County Detention Center, Lizet Palomera Torres

Golden Gate University Law Review

The United States Immigration and Customs Enforcement agency (ICE) detained Jane Doe #15, an immigrant woman, at the Irwin County Detention Center (ICDC) in Georgia. During Jane’s time at ICDC, Doctor Mahendra Amin hastily examined her because she was experiencing severe pain in her pelvic area. Abandoning established professional and legal protocols for diagnosis and treatment, the medical staff scheduled Jane for surgery. Jane did not know what to expect from the surgery or what the medical personnel would do. After the surgery, the staff at ICDC neglected Jane’s care. She could not get out of bed on her own; …

What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, Tori Delaney

University of Cincinnati Law Review

No abstract provided.

Book Talk: Lawyer, Jailer, Ally, Foe, Jacob Burns Center For Ethics In The Practice Of Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Jessica A. Roth, Jocelyn Getgen Kestenbaum

Event Invitations 2023

Join Professor Jessica Roth and Professor Jocelyn Getgen Kestenbaum for a conversation with Eric L. Muller, author of the newly released book Lawyer, Jailer, Ally, Foe: Complicity and Conscience in America's World War II Concentration Camps.

Book Talk: Lawyer, Jailer, Ally, Foe, Jacob Burns Center For Ethics In The Practice Of Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

Flyers 2023-2024

No abstract provided.

Press Freedom Under Threat In Europe: Slapps And Democracy, Maya Oleary-Cyr

Claremont-UC Undergraduate Research Conference on the European Union

This paper critically examines the legal systems of European countries and their relationship to press freedom, particularly the vexatious legal threats used by government officials and corporations to silence journalists. These legal threats are known as SLAPPs (strategic lawsuits against public participation) and their use has increased exponentially in the last decade. Although the issue is global, this research analyzes the issue through the lens of Greece, Italy, and Hungary. As member states, each one of these countries has an obligation to uphold the democratic standards put forth by the EU. Journalists are a vital aspect of the democratic process …

The War In Ukraine And Legal Limitations On Russian Vetoes, Anne Peters

Articles

A veto exercised by a permanent member of the UN Security Council to shield that state’s own manifest and prima facie aggression from condemnation and collective action by the Council is legally flawed. The UN Charter can be reasonably interpreted as prohibiting such a veto and depriving it of legal force. This flows from Article 27(3) of the Charter, in conjunction with the prohibition of the abuse of rights, as a manifestation of the principle of good faith, and the obligation to respect the right to life, against the background that the prohibition has the status of jus cogens. These …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents