Open Access. Powered by Scholars. Published by Universities.®

Human Rights Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

12,315 Full-Text Articles 10,474 Authors 13,944,113 Downloads 245 Institutions

All Articles in Human Rights Law

Faceted Search

12,315 full-text articles. Page 214 of 411.

Business And Human Rights As A Galaxy Of Norms, Elise Groulx Diggs, Milton C. Regan, Beatrice Parance 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, Eliot T. Tracz 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, Joel H. Samuels 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, Catherine Baylin Duryea 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, Daniel Del Gobbo 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, Katherine Lynch 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, Sara Alvarez 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, Ali ALibeigi, Abu Bakar Munir, MD Ershadul karim 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, Diane Desierto 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, Claudia Martin, Diego Rodriguez-Pinzon 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?, Kenneth Anderson 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?, Annie Barry Bruton 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, Eyal Gruner, Doron Menashe 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, Arlene S. Kanter 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, Kevin Kolben 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, Samuel Moyn 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, Lorna McGregor 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, Gopal Sreenivasan 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), Anne Peters 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, Harlan G. Cohen 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.


Digital Commons powered by bepress