Unquenched Thirst: The Need For A Constitutionally Recognized Right To Water In Ghana,
2014
Florida A&M University College of Law
Unquenched Thirst: The Need For A Constitutionally Recognized Right To Water In Ghana, Tia Crosby
Student Works
The practice of privatizing water is often discussed as the leading method for improving access to adequate water in developing countries. Notably, this method has a cost that frequently impedes access to water in the developing world, while exploiting the profitability of a natural resource that is vital to human life. In Ghana, the failure of water privatization initiatives and the growing scarcity of adequate water have caused a public health crisis that necessitates a quick and efficient solution. As demonstrated in South Africa, the codification of the right to water in its constitution has improved access to adequate water, …
Business And Human Rights: Understanding The Un Guiding Principles From The Perspective Of Transnational Business Governance Interactions,
2014
The Peter A. Allard School of Law
Business And Human Rights: Understanding The Un Guiding Principles From The Perspective Of Transnational Business Governance Interactions, Karin Buhmann
Transnational Business Governance Interactions Working Papers
This article analyses the United Nations (UN) Guidelines on Business and Human Rights adopted in 2011 by the UN Human Rights Council from the perspective of Transnational Business Governance Interactions (TBGI) analytical framework (Eberlein et al. 2014). The article identifies and discusses dimensions of interaction and components of regulatory governance which characterise the Guiding Principles, focusing in particular on the rule formation and implementation. The article notes that the Guiding Principles actively enrolled other actors for the rule-making process ensuring support in a politically and legally volatile field. It identifies mutual 'piggy-backing' by the Guiding Principles and other TBGI Schemes, …
Review Of Global Coloniality And Power In Guatemala By Egla Martínez-Salazar,
2014
Washington State University
Review Of Global Coloniality And Power In Guatemala By Egla Martínez-Salazar, Andrew Crookston
Societies Without Borders
No abstract provided.
African American Women, Hiv/Aids, And Human Rights In The Us,
2014
Spelman College
African American Women, Hiv/Aids, And Human Rights In The Us, Monica L. Melton
Societies Without Borders
In the US alone, 84 percent of women’s HIV infections are due to heterosexual contact (CDC 2013). Fifty percent of all people globally who are living with HIV/AIDS are women (UNAIDS 2009), yet, HIV-positive women’s perspectives on prevention are mostly missing from the trajectory of scholarly literature on HIV/AIDS. I thought it imperative to go to the source (women living with HIV/AIDS) to get an insiders perspective on HIV prevention. Thirty HIV-positive Black women were recruited to participate in the study, which lasted seven months. These women live in a Florida innercity and range in age from 21 to 60. …
Unexpected Links Between Baby Markets And Intergenerational Justice,
2014
University of Maryland School of Law
Unexpected Links Between Baby Markets And Intergenerational Justice, Martha M. Ertman
Faculty Scholarship
Intergenerational justice does not require increased government regulation of reproductive technologies in the United States. Arguments tarring reproductive technologies as unnatural or immoral fail to withstand close scrutiny, and moreover ignore competing moral concerns like the liberty and equality of people to form families in different ways, as well as the interests of children born via assisted reproduction in having their families recognized just as coitally conceived children’s families are recognized. Embryo markets, in contrast, might present different challenges, requiring a separate analysis of their potential impact on intergenerational justice.
Interim Measures In Inter-State Proceedings Before The European Court Of Human Rights: Ukraine V. Russia,
2014
University of Lapland
Interim Measures In Inter-State Proceedings Before The European Court Of Human Rights: Ukraine V. Russia, Stefan Kirchner
University of Baltimore Journal of International Law
Over the course of the year 2014, the situation in Ukraine has turned from a domestic political issue involving protests, killings, and the ouster of the former president, into a military confrontation with Russia. At the time of writing (August 2014), Russia has annexed Crimea and is supporting separatists, who are in a state of civil war against the Ukrainian state, in Eastern parts of the country. This conflict is ongoing and an unknown number of civilians have been killed, notably the passengers of the Malaysia Airlines flight MH17, which is thought to have been shot down over the conflict …
Statelessness And Mass Expulsion In Sudan: A Reassessment Of The International Law,
2014
Northwestern Pritzker School of Law
Statelessness And Mass Expulsion In Sudan: A Reassessment Of The International Law, Mike Sanderson
Northwestern Journal of Human Rights
No abstract provided.
Book Review, David R. Boyd, The Right To A Healthy Environment, Revitalizing Canada's Constitution,
2014
University of Cincinnati College of Law
Book Review, David R. Boyd, The Right To A Healthy Environment, Revitalizing Canada's Constitution, Bradford Mank
Faculty Articles and Other Publications
Boyd’s new book, The Right to a Healthy Environment, attempts to prove that Canadians would benefit if they amended their constitution to recognize the right to a healthy environment. Throughout this work, he emphasizes the general benefits of recognizing environmental rights as human rights and the positive impact recognizing these rights in the Canadian constitution would have on the lives of Canadian citizens. He examines the gradual domestic emergence of environmental rights both in Canadian law and from a global perspective. By including both viewpoints, Boyd attempts to identify the complexities and intricate questions that arise regarding various environmental issues …
The International Rule Of Law In A Human Rights Era,
2014
University of the Pacific
The International Rule Of Law In A Human Rights Era
Global Business & Development Law Journal
No abstract provided.
Education Rights And The New Due Process,
2014
Nova Southeastern University - Shepard Broad Law Center
Education Rights And The New Due Process, Areto A. Imoukhuede
Faculty Scholarship
This Article argues for a human dignity-based, due process clause analysis to recognize the fundamental duty of government to provide high quality, public education. Access to public education is a fundamental duty, or positive fundamental right because education is a basic human need and a constituent part of all democratic rights.
An Evaluation Of The Prospects For Successful Implementation Of The Convention On The Rights Of Persons With Disabilities In The Islamic World,
2014
University of Michigan Law School
An Evaluation Of The Prospects For Successful Implementation Of The Convention On The Rights Of Persons With Disabilities In The Islamic World, Brenton Kinker
Michigan Journal of International Law
This note will examine the CRPD’s aspirations in light of Islamic law, comparing whether the two are—or can be—consistent. Part I will provide background on the CRPD, including the intent of the treaty, the negotiations leading to the final wording, and the solid obligations it contains for state parties. Part II examines the background of Shari’a and its provisions regarding disability. Part III compares the treatment of the disabled under Islamic law with that required by the CRPD in order to gage consistency. Where tensions exist, alternative interpretations of both Islamic law and the CPRD are proposed that might facilitate …
Public Engagement "Reach In, Reach Out": Pursuing Environmental Justice By Empowering Communities To Meaningfully Participate In The Decision-Making Processes Of Brownfields Redevelopment And Superfund Cleanups,
2014
Florida A&M University College of Law
Public Engagement "Reach In, Reach Out": Pursuing Environmental Justice By Empowering Communities To Meaningfully Participate In The Decision-Making Processes Of Brownfields Redevelopment And Superfund Cleanups, Josephine M. Balzac
Florida A & M University Law Review
No abstract provided.
Eco-Migration And Vulnerability: Linkages Between Human Rights Protection And Environmental Governance In Georgia,
2014
Florida A&M University College of Law
Eco-Migration And Vulnerability: Linkages Between Human Rights Protection And Environmental Governance In Georgia, Tamari Bulia
Florida A & M University Law Review
No abstract provided.
Panama's Pando And Monte Lirio Dams: Proactive Engagement In Environmental Human Rights Through Project Due Diligence Leads To Improved Risk Management And Cost Controls,
2014
Florida A&M University College of Law
Panama's Pando And Monte Lirio Dams: Proactive Engagement In Environmental Human Rights Through Project Due Diligence Leads To Improved Risk Management And Cost Controls, Gregory M. Karch
Florida A & M University Law Review
The Pando-Monte Lirio Hydroelectric Power Project (Pando Project) is located along the Chiriqui Viejo River (CVR) in Western Panama. It consists of two hydroelectric dams that are part of nineteen hydroelectric installations planned and partially constructed along the CVR in Western Panama. The Pando Project reflects the Inter-American Development Bank’s (IDB’s) commitment to investments in “clean energy” in Central America. The project is an important contribution to Central America’s energy needs, but has caused a number of residents and citizen organizations in the CVR region to raise issues regarding the impact the project will have on the CVR and their …
The March Of Judicial Cosmopolitanism And The Legacy Of Enemy Combatant Case Law,
2014
Osgoode Hall Law School of York University
The March Of Judicial Cosmopolitanism And The Legacy Of Enemy Combatant Case Law, Madalina Lulia Sontrop
LLM Theses
This thesis explores the concept of judicial cosmopolitanism and its prevalence in enemy combatant case law. The author draws upon the theoretical and philosophical underpinnings of cosmopolitanism and cosmopolitan law to describe judicial cosmopolitanism as form of legal discourse through which judges show a willingness to extend constitutional protections based on a contemporary, functional understanding of sovereign jurisdiction. The purpose of this work is to address the correlation between enemy combatant jurisprudence and the aforementioned understanding of judicial cosmopolitanism. It is argued that a march of judicial cosmopolitanism developed early in enemy combatant cases, and that it came to a …
3(D) View Of India’S Patent Law: Social Justice Aspiration Meets Property Rights In Novartis V. Union Of India & Others, 13 J. Marshall Rev. Intell. Prop. L. 719 (2014),
2014
UIC School of Law
3(D) View Of India’S Patent Law: Social Justice Aspiration Meets Property Rights In Novartis V. Union Of India & Others, 13 J. Marshall Rev. Intell. Prop. L. 719 (2014), Saby Ghoshray
UIC Review of Intellectual Property Law
Not many constitutional decisions from developing countries find themselves at the center of global debate like the Indian Supreme Court’s Novartis decision invalidating the Gleevec patent. The patent was invalidated under amended Section 3(d) of the Indian Patents Act, which was amended to address some of the concerns of imbalance between the maximalist and minimalist cultures in the pharmaceutical context. Section 3(d) of the Indian Patent Act introduced a new threshold of patent eligibility for pharmaceutical innovation that requires applicants to demonstrate enhanced efficacy of their products. The objective of this Article is to get beyond the reactionary reviews of …
International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community,
2014
University of Maryland Francis King Carey School of Law
International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller
Maryland Law Review
No abstract provided.
Informal Transnational Police-To-Police Information Sharing: Its Structure And Reform,
2014
Osgoode Hall Law School of York University
Informal Transnational Police-To-Police Information Sharing: Its Structure And Reform, Michael Robert Walton
LLM Theses
This thesis examines the informal sharing of information and cooperation between police agencies across international borders, and how it is or should be informed by international human rights law. The author looks at how intelligence-led policing theory has affected transnational policing. A distinction is made between police actions made on domestic soil that have adverse consequences abroad and police actions made on foreign soil that have adverse consequences. The first category of cases is firmly within jurisdiction and covered by domestic and international legal obligations. The second category of cases introduces the concept of the extraterritorial application of international human …
Sexual Violence Directed Against Men And Boys In Armed Conflict Or Mass Atrocity: Addressing A Gendered Harm In International Criminal Tribunals,
2014
Western Law, Western University
Sexual Violence Directed Against Men And Boys In Armed Conflict Or Mass Atrocity: Addressing A Gendered Harm In International Criminal Tribunals, Valerie Oosterveld
Law Publications
No abstract provided.
Adjudicating Human Rights In Transitional Contexts: A Nigerian Case-Study, 1999-2009 ,
2014
Osgoode Hall Law School of York University
Adjudicating Human Rights In Transitional Contexts: A Nigerian Case-Study, 1999-2009 , Basil Emeka Ugochukwu
PhD Dissertations
While transitional justice and democracy literature bristles with the expectation that human rights conditions would improve with the progression from the “darkness” of a dictatorship to the “light” of democratic rule, Nigeria’s transition to civil rule in 1999 would seem to provide a sobering contra-reality. Democracy does not seem to have produced a better human rights environment in the post-transition Nigerian context. This dissertation answers the question why the restoration of civil rule in Nigeria has not translated to results in human rights practices that come close to matching the expectations of its citizens and the predictions of transitional justice …
