Business And Human Rights As A Galaxy Of Norms,
2019
Doughty Street Chambers; Avocate a` la Cour, Barrister & Solicitor
Business And Human Rights As A Galaxy Of Norms, Elise Groulx Diggs, Milton C. Regan, Beatrice Parance
Georgetown Law Faculty Publications and Other Works
In the last several years, there has been an increasing tendency to view the impacts of transnational business operations through the lens of human rights law. A major obstacle to holding companies accountable for the harms that they impose, however, has been the separate legal identity of corporate subsidiaries and of contractors in a company's supply chain. France's recently enacted duty of vigilance statute seeks to overcome this obstacle by imposing a duty on companies to identify potential serious human rights violations by their subsidiaries and by companies with which they have an “established commercial relationship.” Failure to engage in …
Mentally Ill, Or Mentally Ill And Dangerous?: Rethinking Civil Commitments In Minnesota,
2019
Mitchell Hamline School of Law
Mentally Ill, Or Mentally Ill And Dangerous?: Rethinking Civil Commitments In Minnesota, Eliot T. Tracz
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
The Legacy Of Colonialism On The Rule Of Law In Sub Saharan Africa,
2019
University of Miami School of Law
The Legacy Of Colonialism On The Rule Of Law In Sub Saharan Africa, Joel H. Samuels
Articles
No abstract provided.
Human Rights Movements In The Middle East: Global Norms And Regional Particularities,
2019
St. John's University School of Law
Human Rights Movements In The Middle East: Global Norms And Regional Particularities, Catherine Baylin Duryea
Faculty Publications
(Excerpt)
The Middle East is often portrayed as an outlier when it comes to human rights, but rights are an important part of the political, diplomatic, and social fabric of the region. This chapter summarises regional trends in human rights advocacy at both the international and domestic levels. Popular movements for independence, equality for women, and protections for workers have deep roots in the region. When the United Nations began to enshrine these values into law after World War II, representatives from the Middle East were at the centre of the debates. In the following two decades, human rights largely …
Queer Dispute Resolution,
2019
Osgoode Hall Law School, York University
Queer Dispute Resolution, Daniel Del Gobbo
Cardozo Journal of Conflict Resolution
The article is organized as follows. Part H traces the conceptual shift in legal theory from thinking about the juridical subject as a bearer of rights to a bearer of interests. This provides the necessary context for my reframing the bearer of interests as a bearer of desires. Part III begins to explore the implications of this move, drawing on what I call the "ethic of positivity" in parts of queer theory that celebrates the potential for sexual desires to transcend identity categories. This theory suggests that the ethical promise of settlement derives from the potential of the subject's interests …
The Need For An Independent Children's Commissioner In Hong Kong: A Good Governance Imperative,
2019
University of Hong Kong
The Need For An Independent Children's Commissioner In Hong Kong: A Good Governance Imperative, Katherine Lynch
Cardozo Journal of Conflict Resolution
No abstract provided.
The Universal Periodic Review As A Form Of Alternative Dispute Resolution: Strengths & Shortcomings,
2019
Benjamin N. Cardozo School of Law
The Universal Periodic Review As A Form Of Alternative Dispute Resolution: Strengths & Shortcomings, Sara Alvarez
Cardozo Journal of Conflict Resolution
No abstract provided.
Right To Privacy, A Complicated Concept To Review,
2019
University of Malaya
Right To Privacy, A Complicated Concept To Review, Ali Alibeigi, Abu Bakar Munir, Md Ershadul Karim
Library Philosophy and Practice (e-journal)
The Concept and definition of the privacy has been changed during the time affecting by different factors. At the same time, the boundaries of privacy may differ from one place to another affecting by the culture, religion, etc. Nonetheless, there is not a unique general accepted definition for the privacy. Privacy has been considered from different disciplines like sociology, psychology, law and philosophy. It is a multidisciplinary domain, having an easy concept but difficult to define. However, by reviewing all different viewpoints, it can be concluded that privacy is an individual tendency, wish and natural need to be away from …
Climate Change As A Concern In Negotiating Mine Development Agreements,
2019
Notre Dame Law School
Climate Change As A Concern In Negotiating Mine Development Agreements, Diane Desierto
Journal Articles
This panel was convened at 11:00 a.m., Friday, March 29, 2019, by its moderators, Kabir Duggal of Arnold & Porter LLP and Fr6d6ric Sourgens of Washburn University School of Law, who introduced the panelists: Poupak Bahamin of Norton Rose Fulbright US LLP; Teddy Baldwin of Steptoe & Johnson LLP; Diane Desierto of the University of Notre Dame Keough School of Global Affairs; and Tehtena Mebratu-Tsegaye of the Columbia Center on Sustainable Investment.
Academy On Human Rights And Humanitarian Law Articles And Essays On Gender Violence And International Human Rights: Introduction,
2019
American University
Academy On Human Rights And Humanitarian Law Articles And Essays On Gender Violence And International Human Rights: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes the three best essays in English and in Spanish recognized in the 2018 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and areas of the world. We hope these participants are able to use their articles as mechanisms for change.
Who Owns The Rules Of War In Today's Post-Post-Cold War?,
2019
American University Washington College of Law
Who Owns The Rules Of War In Today's Post-Post-Cold War?, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
Professor Gabriella Blum's The Paradox of Power observes that international humanitarian law (IHL) has been in a long. term evolution toward putting the principle of "humanitarianism" and civilian protection at its normative and legal center. The Lecture (on which this essay is a commentary) identifies several reasons for this, in particular (within and across liberal democratic societies) social acceptance of IHL as law but also as socially internalized norms that give IHL broad moral legitimacy. Accepting The Paradox of Power's main propositions as cor rect, this Commentary extends its account in several ways. First, The Paradox of Power's combination of …
Bacha Bazi And Human Rights Violations In Afghanistan: Should The U.S. Military Have Done More To Protect Underage Boys?,
2019
University of Kentucky
Bacha Bazi And Human Rights Violations In Afghanistan: Should The U.S. Military Have Done More To Protect Underage Boys?, Annie Barry Bruton
Kentucky Law Journal
No abstract provided.
State Under Attack: The Story Of Preference For Relatives In Pre-Emptive Counterterrorism Operations,
2019
University of Haifa
State Under Attack: The Story Of Preference For Relatives In Pre-Emptive Counterterrorism Operations, Eyal Gruner, Doron Menashe
Cardozo International & Comparative Law Review
No abstract provided.
Do Human Rights Treaties Matter: The Case For The United Nations Convention On The Rights Of People With Disabilities,
2019
Vanderbilt University Law School
Do Human Rights Treaties Matter: The Case For The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter
Vanderbilt Journal of Transnational Law
In the United States, and throughout many other parts of the world, we are witnessing attacks on basic human rights. As poverty, inequality, and suffering are evident in so many parts of the world today, there are those who say that the entire human rights regime has failed. This author does not agree. While it is true that human rights treaties have not realized their full potential in every country that has ratified them, human rights treaties do "matter." This Article makes the case for human rights treaties by referring to the success of the Convention on the Rights of …
The Consumer Imaginary: Labor Rights, Human Rights, And Citizen-Consumers In The Global Supply Chain,
2019
Vanderbilt University Law School
The Consumer Imaginary: Labor Rights, Human Rights, And Citizen-Consumers In The Global Supply Chain, Kevin Kolben
Vanderbilt Journal of Transnational Law
Consumers are increasingly demanding that the goods and services they consume be produced in a way that meets their social expectations. By extension, they are exhibiting greater willingness to pay more at the cash register for products made in good working conditions, and they are willing to punish companies that do not satisfy these expectations. Driving these "citizen-consumers" is what this Article terms the "consumer imaginary," which is defined as the narratives that consumers tell themselves about the people that make their things--people whom consumers will likely never meet, and whose lived experiences are distant from their own. Policymakers have …
On Human Rights And Majority Politics,
2019
Vanderbilt University Law School
On Human Rights And Majority Politics, Samuel Moyn
Vanderbilt Journal of Transnational Law
This symposium piece is primarily a reading of Felix Frankfurter's dissent in West Virginia State Board of Education v. Barnette, attempting to draw some lessons from his theory of majoritarian rights for our own moment of crisis for the human rights movement. The situations then and now are only partly comparable, but Frankfurter's call for allowing democratic processes to self-correct even when elite shortcuts beckon--including when it comes to defining and protecting rights--provides food for thought.
Looking To The Future: The Scope, Value And Operationalization Of International Human Rights Law,
2019
Vanderbilt University Law School
Looking To The Future: The Scope, Value And Operationalization Of International Human Rights Law, Lorna Mcgregor
Vanderbilt Journal of Transnational Law
The international human rights system of which international human rights law (IHRL) is a part has been critiqued for being ineffective, too legal, insufficiently self-critical, and elitist, with some claiming that it self-generates some of the challenges it faces. This Article challenges this presentation of IHRL and in doing so, sets out three priorities for its future development. These are first, that it should continue to engage in critical analysis of how IHRL can effectively respond to the complex and multifactorial challenges it faces. Second, rather than refrain from developing due to critiques of over expansion, IHRL should prioritize the …
Whither And Whether With The Formative Aim Thesis,
2019
Vanderbilt University Law School
Whither And Whether With The Formative Aim Thesis, Gopal Sreenivasan
Vanderbilt Journal of Transnational Law
According to John Tasioulas, the formative aim of international human rights law is to give effect to moral human rights (insofar as it is appropriate for international law to do so, through the technique of assigning a uniform set of individual legal rights to all humans). In cases of pure human rights inflation, an international legal human right fails to give effect to any moral human right. Tasioulas regards international legal human rights that fit this criterion as morally unjustified. This Article scrutinises various bases on which the inference underlying his conclusion might be validated and argues that none of …
Religious Slaughter And Animal Welfare Revisited: Cjeu, Liga Van Moskeeen En Islamitische Organisaties Provincie Antwerpen (2018),
2019
University of Michigan Law School
Religious Slaughter And Animal Welfare Revisited: Cjeu, Liga Van Moskeeen En Islamitische Organisaties Provincie Antwerpen (2018), Anne Peters
Articles
The article comments on a Grand Chamber judgment by the Court of the European Union on animal slaughter according to Islamic prescriptions. The relevant European Union laws prescribe that religious slaughter without stunning of the animal may only take place in approved slaughterhouses. This causes a shortage during the Muslim Feast of Sacrifice in the Belgian province ofAntwerp. The EU law provisions are in conformity with the animal welfare mainstreaming clause of the Treaty on the Functioning of the European Union. Moreover, the EU regulation and its application in the concrete case does not violate the fundamental right of free …
Not Enough: Human Rights In An Unequal World,
2019
Fordham University School of Law
Not Enough: Human Rights In An Unequal World, Harlan G. Cohen
Faculty Scholarship
Many will read Samuel Moyn’s powerful history of the quest for social and material justice as an intended wake-up call. Rather than as a blaring alarm though, Not Enough is better read as an invitation to dream.
