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Why Central Banks Need To Take Human Rights More Seriously, Daniel D. Bradlow 2019 American University Washington College of Law

Why Central Banks Need To Take Human Rights More Seriously, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

Most central bankers think that there is a tenuous connection between the operations of central banks and human rights. Their responsibility is to concentrate on the relatively narrow set of macro-economic variables that are relevant to their mandates and to leave to their country’s political leadership the decisions dealing with the complex and politically sensitive variables that affect the functioning of the economy and society.

This position is no longer tenable. Climate change is forcing the central banking community to rethink their view of their responsibilities. The recent release of the Network for Greening, the Financial System’s first comprehensive report …


Human Rights Heroes: The Challengers Of Free Speech, Stephen Wermiel 2019 American University Washington College of Law

Human Rights Heroes: The Challengers Of Free Speech, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

The U.S. Supreme Court's jurisprudence on freedom of speech and press spans little more than 100 years, during which justices from Oliver Wendell Holmes to John Roberts have weighed in on the development of the law. But perhaps more than in some other areas of constitu- tional law, the evolution and growth of free speech have required the courage, sacrifice, determination, and commitment of hundreds, maybe thousands, of litigants over the years who have waged heroic struggles for their rights.


The New Social Contracts In International Supply Chains, David Snyder 2019 American University Washington College of Law

The New Social Contracts In International Supply Chains, David Snyder

Scholarly Articles in Law Reviews & Journals

This Article considers, from legal, practical, moral, and policy perspectives, Model Contract Clauses (MCCs) to protect the human rights of workers in international supply chains. The product of the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts, the MCCs are an effort to provide companies with carefully researched and well-drafted clauses to incorporate human rights policies into supply contracts (purchase orders, master vendor agreements, and the like). The Article discusses the impetus, goals, and strategies of the MCCs and explains the paradigm of the corporate, operational, and political landscape for which they are …


The Paris Agreement And Global Climate Litigation After The Trump Withdrawal, David Hunter 2019 American University Washington College of Law

The Paris Agreement And Global Climate Litigation After The Trump Withdrawal, David Hunter

Scholarly Articles in Law Reviews & Journals

The article addresses the emergence of cases in many countries around the world that are addressing climate change by enforcing, or at least referring to, the Paris Agreement.


The Problem Of The Terror Non-State: Rescuing International Law From Isis And Boko Haram, Darin E.W. Johnson 2019 Brooklyn Law School

The Problem Of The Terror Non-State: Rescuing International Law From Isis And Boko Haram, Darin E.W. Johnson

Brooklyn Law Review

This article examines how terror non-states, such as ISIS and Boko Haram, blur the distinctions between non-state actors and states under international law. Terror non-states’ confounding of this dichotomy undermines the efficacy of international human rights law in the territories that they control, complicates responsive foreign military intervention, and confuses the appropriate legal framework that governs armed conflicts in which they are involved. This article assesses these challenges and makes recommendations from a perspective that gives primacy to the protection and liberation of vulnerable populations. The article recommends that the United Nations Security Council pass a resolution that mandates that …


Dam(N) Displacement: Compensation, Resettlement, And Indigeneity, Stephen R. Munzer 2019 UCLA School of Law

Dam(N) Displacement: Compensation, Resettlement, And Indigeneity, Stephen R. Munzer

Cornell International Law Journal

Hydroelectric dams produce electricity, provide flood control, and improve agricultural irrigation. But the building and operation of these dams frequently involve forced displacement of local communities. Displacement often has an outsized impact on indigenous persons, who are disproportionately poor, repressed, and politically marginalized. One can limit these adverse effects in various ways: (1) taking seriously the ethics of dam-induced development, (2) rooting out corruption, (3) paying compensation at or near the beginning of dam projects, (4) using land-for-land exchanges, (5) disbursing resettlement funds as needed until displaced persons are firmly established in their new locations, and (6) having entities that …


Violencia De Género, Internet Y El Derecho A La Libertad De Expresón: Un Nuevo Desafío Para El Derecho Internacional De Los Derechos Humanos, Andrea Pietrafesa 2019 American University Washington College of Law

Violencia De Género, Internet Y El Derecho A La Libertad De Expresón: Un Nuevo Desafío Para El Derecho Internacional De Los Derechos Humanos, Andrea Pietrafesa

American University International Law Review

No abstract provided.


The International Law Commission's First Draft Convention On Crimes Against Humanity, Charles C. Jalloh 2019 Florida International University College of Law

The International Law Commission's First Draft Convention On Crimes Against Humanity, Charles C. Jalloh

Articles

The UN General Assembly established the International Law Commission ("ILC") in 1947 to assist States with the promotion of 1) the progressive development of international law and 2) its codification. The ILC's first assignment from the General Assembly was to formulate the Nuremberg Principles, which affirmed the then radical idea that individuals can be held liable for certain international crimes at the international level. Since then, the ILC has played a seminal role in the development of modern international criminal law. In 2017, the ILC adopted on first reading a draft convention aimed at the prevention and punishment of crimes …


Submission To The U.N. Human Rights Committee In Relation To The List Of Issues Of The United States Concerning The Unsafe Dumping And Mismanagement Of Coal Ash In Puerto Rico, Sarah Dávila A. 2019 UIC School of Law

Submission To The U.N. Human Rights Committee In Relation To The List Of Issues Of The United States Concerning The Unsafe Dumping And Mismanagement Of Coal Ash In Puerto Rico, Sarah Dávila A.

Faculty White Papers

The IHRC has investigated the human rights abuses arising out of the environmental injustices imposed on communities in the southern municipalities of Puerto Rico that represent violations of international human rights, and specifically of the International Covenant on Civil and Political Rights (“ICCPR”). Since 1994, Applied Energy Systems (“AES”), a private American energy company, has been responsible for continued coal ash contamination of the southern coastal region of Puerto Rico.[i] AES coal-fired power plants in Puerto Rico have released toxic amounts of coal ash into the air and water, negatively impacting air quality and drinking water for residents in …


Global Regulation Of Corporate Conduct: Effective Pursuit Of A Slave-Free Supply Chain, Roza Pati 2019 St. Thomas University

Global Regulation Of Corporate Conduct: Effective Pursuit Of A Slave-Free Supply Chain, Roza Pati

American University Law Review

No abstract provided.


It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin 2019 St. Mary's University School of Law

It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin

Faculty Articles

Like it or not, Transnational Corporations (TNCs) are taking an increasingly active role in larger societal issues and debates. Whether it's a social advocacy campaign that seeks to reduce violence and bullying, a decision by a pharmacy company to stop selling tobacco products, or a sportswear company's decisions to take a stand in solidarity with an advocate's resistance to police brutality, TNCs are becoming increasingly vocal regarding their role in larger societal issues.

But there is a darker side to the increased intermingling between corporations and the larger societal impact; namely the potential for a corporation to be involved, or …


Punished For Poverty, Andrew Rock 2019 University of Mississippi

Punished For Poverty, Andrew Rock

Criminal Law Practitioner

No abstract provided.


An Information Operations Theory Of Domestic Counterterrorism Efforts, Tung Yin 2019 Lewis & Clark Law School

An Information Operations Theory Of Domestic Counterterrorism Efforts, Tung Yin

South Carolina Law Review

No abstract provided.


Black Interests In Slaveries, Karen E. Bravo 2019 Valparaiso University

Black Interests In Slaveries, Karen E. Bravo

Valparaiso University Law Review

No abstract provided.


Contracting For Human Rights: Looking To Version 2.0 Of The Aba Model Contract Clauses, Sarah Dadush 2019 Rutgers Law School

Contracting For Human Rights: Looking To Version 2.0 Of The Aba Model Contract Clauses, Sarah Dadush

American University Law Review

No abstract provided.


Private Law Remedies, Human Rights, And Supply Contracts, Jennifer S. Martin 2019 St. Thomas University

Private Law Remedies, Human Rights, And Supply Contracts, Jennifer S. Martin

American University Law Review

No abstract provided.


Modern-Day Pirates: Why Domestic Parent Corporations Should Be Liable Under The Alien Tort Statute For Violations Of Workers' Rights Within Global Supply Chains, Erin Downey 2019 American University Washington College of Law

Modern-Day Pirates: Why Domestic Parent Corporations Should Be Liable Under The Alien Tort Statute For Violations Of Workers' Rights Within Global Supply Chains, Erin Downey

American University Law Review

No abstract provided.


October 1, 2019 Broadcast: 'The Rohingya Genocide', Rebecca Hamilton 2019 American University Washington College of Law

October 1, 2019 Broadcast: 'The Rohingya Genocide', Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Between The Margins And The Mainstream: The Case Of Women's Rights, Hilary Charlesworth, Christine M. Chinkin 2019 University of Michigan Law School

Between The Margins And The Mainstream: The Case Of Women's Rights, Hilary Charlesworth, Christine M. Chinkin

Book Chapters

This chapter investigates the conceptual limits of the field of women’s rights. It identifies two main currents of activity in the field: the elaboration of human rights standards, particularly through the UN Convention on the Elimination of All Forms of Discrimination against Women of 1979; and the development of the ‘Women, Peace and Security’ agenda by the UN Security Council since 2000. Both areas are limited in their understandings of the diverse lives of women. The chapter argues that campaigns for the recognition of women’s rights shuttle between the mainstream and the margins of international law and that the structural …


Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson 2019 University of Florida Levin College of Law

Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson

UF Law Faculty Publications

South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …


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