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Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer 2011 Notre Dame Law School

Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer

Journal Articles

This article explores the extent to which nongovernmental organizations (NGOs) have standing to bring claims in the European, Inter-American, and African human rights enforcement systems, examines the degree to which NGOs in fact bring such cases, and analyzes the ramifications of NGO involvement in these systems. Part I of this article considers how NGOs can be involved in the European Court of Human Rights, the Inter-American Human Rights Commission and the Inter-American Court of Human Rights, and the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights. As detailed in this part, while …


Religion, Human Rights, And Post-Secular Legal Theory, Zachary R. Calo 2011 Touro University Jacob D. Fuchsberg Law Center

Religion, Human Rights, And Post-Secular Legal Theory, Zachary R. Calo

Scholarly Works

This paper proposes that the fundamental challenge for religious legal theory is the question of the secular and, in particular, a certain mode of secular reason that has shaped the idea of law within modernity. The fundamental ambition of modern legal thought was to sever law from a connection to a sacred cosmic and intellectual order. The idea of human rights, at least in its regnant expression, embodies this project most fully in that it has increasingly been defined as a moral tradition that stands over and against religion. This paper, by contrast, argues that the destabilization of secular meaning …


Human Rights And Southern Realities, Tamara Relis 2011 Touro Law Center

Human Rights And Southern Realities, Tamara Relis

Scholarly Works

The proliferation of international human rights treaties, committees and courts over the last sixty years represents enormous achievement. International human rights laws are now asserted throughout the world by individuals of many cultures and traditions. Yet, at the same time international human rights ideas and principles continue to have difficulty in manifesting their relevance in the daily lives of those who are geographically and culturally distant from international institutions Two new books - William Twining’s Human Rights, Southern Voices: Francis Deng, Abdullahi An-Na’im, Yash Ghai, Upendra Baxi, and Helen Stacy’s Human Rights for the 21st Century - address aspects of …


The Limited Case For Permitting Sme Procurement Preferences In The Wto Agreement On Government Procurement, John Linarelli 2011 Touro Law Center

The Limited Case For Permitting Sme Procurement Preferences In The Wto Agreement On Government Procurement, John Linarelli

Scholarly Works

This is a chapter in the book, Sue Arrowsmith & Robert D. Anderson, The WTO Regime on Government Procurement: Challenge and Reform (Cambridge University Press, 2011). The chapter puts under scrutiny public procurement policies designed to benefit SMEs per se, as small or medium sized enterprises, and to evaluate whether the GPA (and hence possibly other trade agreements liberalizing procurement markets) should be more accommodating to these policies, even though these policies might restrict international trade. The chapter also evaluates whether the GPA should be more accommodating to policies designed to benefit firms controlled by individuals who belong to historically …


Political Protest, Mass Arrests, And Mass Detention: Fundamental Freedoms And (Un)Common Criminals, Debra Parkes, Meaghan Daniel 2011 Allard School of Law at the University of British Columbia

Political Protest, Mass Arrests, And Mass Detention: Fundamental Freedoms And (Un)Common Criminals, Debra Parkes, Meaghan Daniel

All Faculty Publications

“No Justice. No Peace.” The mass arrest and detention of over 1,105 people during the Toronto G20 summit in June 2010, including author Meaghan Daniel, prompted reflection on the connections between justice and peace and in particular, between peaceful protest, policing, detention and the justice system. The record breaking weekend of mass arrests and temporary detention of people described as “innocent bystanders” and “peaceful protestors” provoked an ongoing conversation about the criminalization of protest. It is the authors’ hope to extend this conversation beyond these (un)common criminals to the “every day” processes of criminalization and imprisonment that go largely unquestioned …


The Meaning Of 'Sphere Of Influence' In Iso 26000, Stepan Wood 2011 Allard School of Law at the University of British Columbia

The Meaning Of 'Sphere Of Influence' In Iso 26000, Stepan Wood

All Faculty Publications

The relationship between a company’s influence and its social responsibilities is the subject of persistent controversy, manifested for example in the debate over the use of the concept of “sphere of influence” (SOI) to define the scope of a company’s social responsibility. Early drafts of the ISO 26000 guide on social responsibility employed SOI in this way, stating among other things that influence can give rise to responsibility and that generally, the greater the ability to influence, the greater the responsibility. The UN Special Representative on business and human rights, John Ruggie, rejected this use of SOI as ambiguous, misleading, …


An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein 2011 Touro Law Center

An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein

Scholarly Works

No abstract provided.


Corporate Social Responsibility And Firm Compliance: Lessons From The International Law-International Relations Discourse, Christiana Ochoa 2011 Indiana University Maurer School of Law

Corporate Social Responsibility And Firm Compliance: Lessons From The International Law-International Relations Discourse, Christiana Ochoa

Articles by Maurer Faculty

There has been a long and fruitful discourse between and among legal academics and political scientists, known as international law (IL)-international relations (IL) scholarship. A great deal of that scholarship has discussed the effectiveness of particular IL regimes, usually as part of a larger discourse regarding the question of compliance with IL or international institutions, more generally, including agreed norms and soft law. This field of IL-IR scholarship has taken a fairly Westphalian and Weberian view of international law and of international relations, viewing states as the subjects of international law and, thus, seeing states as its subjects of study. …


Regulating Information Flows, Regulating Conflict: An Analysis Of United States Conflict Minerals Legislation, Christiana Ochoa, Patrick J. Keenan 2011 Indiana University Maurer School of Law

Regulating Information Flows, Regulating Conflict: An Analysis Of United States Conflict Minerals Legislation, Christiana Ochoa, Patrick J. Keenan

Articles by Maurer Faculty

The connection between conflict and commercial activity is the focus of this paper. In particular, it focuses on the ongoing conflict in the Eastern Democratic Republic of Congo (DRC) that is funded, in large part, by the sale of conflict commodities – minerals, metals and petroleum that fund violent groups at their source and then enters legitimate markets and products around the world. Recently, attention has turned to how to regulate conflict commerce as a tool for divesting from violent conflict. In the United States, for example, the recently-adopted Dodd-Frank Wall Street Reform and Consumer Protection Act include a provision …


Insite: Site And Sight (Part 1 - Insights On Insite), Margot Young 2011 Allard School of Law at the University of British Columbia

Insite: Site And Sight (Part 1 - Insights On Insite), Margot Young

All Faculty Publications

The Insite case is a great study for students of constitutional law. The twinning of a claim of inter-jurisdictional immunity - in a somewhat novel application to provincial jurisdiction - to the assertion by some of Canada's most marginalized citizens of the fundamental freedoms of life, liberty, and security of the person delivers a compact and compelling recitation of basic features of Canada's constitutional landscape. The case is set in the landscape of the Vancouver's Downtown East-side (DTES) - a geography of spatial outcomes that reflects balances of economic and social power and displacement. This place has a specific demography …


Linguistic Rights Of Indigenous Peoples In The States Of Latin America, Jose Manuel Perez Fernandez 2011 University of Oviedo

Linguistic Rights Of Indigenous Peoples In The States Of Latin America, Jose Manuel Perez Fernandez

Intercultural Human Rights Law Review

The protection of language rights of speakers of indigenous languages has experienced important developments in the Latin American sphere, which has served as a framework for the whole process of recognition of cultural and ethnical identity of Indigenous Peoples. This reflects a rejection of assimilation, and an assertion of multicultural and multilingual aspects in Latin American societies. On the one hand, the author focuses on the role that international law instruments related to human rights, those for the general protection of minorities and those specific for the indigenous peoples, may perform in the recognition of linguistic rights when granting legal …


Twenty Years Of Critical Race Theory: Looking Back To Move Forward, Kimberlé W. Crenshaw 2011 Columbia Law School

Twenty Years Of Critical Race Theory: Looking Back To Move Forward, Kimberlé W. Crenshaw

Faculty Scholarship

This Article revisits the history of Critical Race Theory (CRT) through a prism that highlights its historical articulation in light of the emergence of postracialism. The Article will explore two central inquiries. This first query attends to the specific contours of law as the site out of which CRT emerged. The Article hypothesizes that legal discourse presented a particularly legible template from which to demystify the role of reason and the rule of law in upholding the racial order. The second objective is to explore the contemporary significance of CRT's trajectory in light of today's "post-racial" milieu. The Article posits …


All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen 2010 SMU Dedman School of Law

All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen

Faculty Scholarship

On November 4, 2009, an Italian court found a group of Italian military intelligence agents, operatives from the Central Intelligence Agency and a U.S. Air Force (USAF) officer guilty of the 2003 kidnapping of terror suspect Abu Omar. Thrown in a van on the streets of Milan, the abduction took Abu Omar from Italy to Egypt, where he was allegedly tortured and interrogated about his role in recruiting fighters for extremist Islamic causes, including the insurgency in Iraq. This essay posits that lost amidst politically charged rhetoric about Bush administration impunity and the “war on terror” is that the Italian …


Introduction (Volume 86), 2010 U.S. Naval War College

Introduction (Volume 86)

International Law Studies

No abstract provided.


Table Of Contents (Volume 86), 2010 U.S. Naval War College

Table Of Contents (Volume 86)

International Law Studies

No abstract provided.


The International Humanitarian Law Classification Of Armed Conflicts In Iraq Since 2003, David Turns 2010 U.S. Naval War College

The International Humanitarian Law Classification Of Armed Conflicts In Iraq Since 2003, David Turns

International Law Studies

No abstract provided.


Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker 2010 U.S. Naval War College

Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker

International Law Studies

No abstract provided.


The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh 2010 U.S. Naval War College

The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh

International Law Studies

No abstract provided.


The Role Of The International Committee Of The Red Cross In Stability Operations, Laurent Colassis 2010 U.S. Naval War College

The Role Of The International Committee Of The Red Cross In Stability Operations, Laurent Colassis

International Law Studies

No abstract provided.


Rule Of Law Capacity Building In Iraq, Richard Pregent 2010 U.S. Naval War College

Rule Of Law Capacity Building In Iraq, Richard Pregent

International Law Studies

No abstract provided.


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