University of Miami School of Law
Michigan State University
U.S. Naval War College
Case Western Reserve University School of Law
William & Mary Law School
Penn State Law
Universitas Indonesia
Enforcing International Human Rights Law Against Corporations,
2024
Osgoode Hall Law School of York University
Enforcing International Human Rights Law Against Corporations, Barnali Choudhury
All Papers
International human rights law is generally thought to apply directly to states, not to corporations since the latter is not a subject of international law. Some domestic courts are, however, enforcing these norms against corporations in domestic settings. Canadian courts have, for instance, recognized that corporations can be liable for breach of customary international law norms while UK courts have enforced international human rights norms indirectly against corporations relying on a combination of domestic corporate and tort law.
At the same time, some states are choosing to enforce international human rights norms against corporations using regulatory initiatives. These initiatives, known …
Itlos Advisory Opinion On Climate Change: Summary Of Briefs And Statements Submitted To The Tribunal,
2023
Columbia Law School, Sabin Center for Climate Change Law
Itlos Advisory Opinion On Climate Change: Summary Of Briefs And Statements Submitted To The Tribunal, Maria Antonia Tigre, Korey Silverman-Roati
Sabin Center for Climate Change Law
This report provides a summary of the briefs and statements submitted to the International Tribunal for the Law of the Sea (ITLOS) in response to the Co-Chairs of Commission of Small Island States (COSIS)’ request for an advisory opinion on climate change-related legal questions. The central issue before the ITLOS is whether State Parties to UNCLOS have specific obligations regarding the prevention, reduction, and control of marine environmental pollution stemming from climate change, as well as the protection and preservation of the marine environment concerning climate change impacts. While States and civil society organizations have put forward a variety of …
The Rejection Of The Anti-Corruption Principle And Its Effect On Human Rights At Home,
2023
Northwestern University
The Rejection Of The Anti-Corruption Principle And Its Effect On Human Rights At Home, Juliet S. Sorensen
Northwestern Journal of Human Rights
21st century scholarship analyzing the Framers’ treatment of corruption asserts that their incorporation of anti-corruption means in the Constitution should be interpreted as a framework to inform contemporary judicial review and jurisprudence. Led by Zephyr Teachout’s article “The Anti-Corruption Principle,” this school of thought asserts that the anti-corruption principle should be on par with separation of powers and freedom of expression, a guiding lodestar in interpreting the Constitution.
This article submits that the anti-corruption principle of constitutional interpretation is, in fact, a rights-based approach to corruption, equating freedom from corruption with the other rights and liberties enshrined in the Constitution. …
Promises And Pitfalls In Un Regulation Of Judicial Independence,
2023
Northwestern Pritzker School of Law
Promises And Pitfalls In Un Regulation Of Judicial Independence, Martha Kiela
Northwestern Journal of Human Rights
This article investigates the current mechanisms and power of the UN to ensure judicial independence in the UN Member States. First, it surveys the UN bodies which play a role in creating international regulations for judicial independence and monitoring Member States’ compliance with them. Second, it analyzes the responses of these bodies to challenges to judicial independence by conducting case studies of Venezuela and Poland, and how these actions compare to those of other international organizations and tribunals. The central questions it seeks to answer are which mechanisms of review and enforcement have so far been the most effective in …
Play Like A Girl, Get Paid Like A… Man?,
2023
University of New Hampshire
Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool
UNH Sports Law Review
No abstract provided.
Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour,
2023
UNH Franklin Pierce School of Law
Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour, Michael Dube, Libba Galloway, Chantel Mccabe, Michael Mccann, Alan Milstein
UNH Sports Law Review
No abstract provided.
Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency,
2023
University of New Hampshire
Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps
UNH Sports Law Review
No abstract provided.
Change Is Growth: The Future Of The Ncaa And College Athletics,
2023
UNH Franklin Pierce School of Law
Change Is Growth: The Future Of The Ncaa And College Athletics, Conner Poulin
UNH Sports Law Review
No abstract provided.
A Breakdown Of Where Nil Currently Stands,
2023
University of New Hampshire
A Breakdown Of Where Nil Currently Stands, Justin Cavegn
UNH Sports Law Review
No abstract provided.
Mitigating Sex Trafficking: Preventative Methods For Reducing Sexual Exploitation,
2023
Portland State University
Mitigating Sex Trafficking: Preventative Methods For Reducing Sexual Exploitation, Autumn Rain Monroe
University Honors Theses
In recent years, sex trafficking has become more well-known in the public sphere, generating activism and legislation in an effort to combat this human rights issue. With this increased awareness comes challenges in appropriately understanding sex trafficking. The general public and even lawmakers often do not understand the complete dynamic or complexities of sex trafficking. Definitional inconsistencies make it difficult to provide a universal definition of sex trafficking, contributing to misconceptions involving the methods of entry and the barriers to exiting. Ultimately, this prevents proper identification of victims, hinders the protection of victims, and the implementation of survivor-oriented legislation, meaning …
China’S New Law On Foreign Relations: Transforming The Rules-Based International Order With Chinese Characteristics,
2023
U.S. Naval War College
China’S New Law On Foreign Relations: Transforming The Rules-Based International Order With Chinese Characteristics, Raul (Pete) Pedrozo
International Law Studies
In 2023 China adopted a comprehensive Law on Foreign Relations. Although the law is intended to shape China’s diplomatic relations and its cultural, economic, and other exchanges, as well as China’s relations with the United Nations and other international organizations, implementation of the law will be guided by (inter alia) Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. The law makes clear that China’s foreign relations will be conducted to uphold its system of socialism with Chinese characteristics, safeguard its sovereignty, unification and territorial integrity, and promote its economic and social development. This revisionist “rule by …
The New York Convention: Concrete Jungle Where International Commercial Arbitration Dreams Are Made Of,
2023
Villanova University Charles Widger School of Law
The New York Convention: Concrete Jungle Where International Commercial Arbitration Dreams Are Made Of, Lizzie Klink
Villanova Law Review
No abstract provided.
Comparative Tax Law Guide,
2023
Dalhousie University Schulich School of Law
Comparative Tax Law Guide, Kim Brooks
OER Texts
This extended bibliography is designed to support comparative tax law study by students, policy-makers, and tax practitioners. Studying comparative tax law is pure joy. And in addition to that, it enables you to:
- more deeply understand your own tax system and context;
- learn about another country’s system and context;
- draw general conclusions about tax law;
- press for or support tax law change;
- facilitate tax law harmonization or coordination among jurisdictions;
- delve into the role of tax in the spread of higher-order values like fairness, equality, transparency, or privacy;
- explain why a country’s tax laws are the way they are; and …
Climate Change And The Courts: Balancing Stewardship And Restraint,
2023
Duke Law
Climate Change And The Courts: Balancing Stewardship And Restraint, Susan Glazebrook
Judicature International
No abstract provided.
Contested Actors Around The Initiation Of A Non-Judicial Settlement Mechanism For Past Gross Human Rights Violations: A Socio-Legal Study Of The Ppham Team,
2023
Universitas Gadjah Mada, Yogyakarta
Contested Actors Around The Initiation Of A Non-Judicial Settlement Mechanism For Past Gross Human Rights Violations: A Socio-Legal Study Of The Ppham Team, Abdul Munif
The Indonesian Journal of Socio-Legal Studies
The PPHAM Team (Non-Judicial Resolution of Past Gross Human Rights Violations) was initiated by the Jokowi-Ma'ruf administration as an alternative settlement mechanism for Past Gross Violations of Human Rights through the issuance of Presidential Decree Number 17/2022 (Keppres 17/2022). From this context, the establishment of the policy was criticized and rejected by civil society organizations (CSOs) and the Victims. This was because the PPHAM Team was deemed a measure of State responsibility “hand-washing” and an indication of impunity preservation. Therefore, this study aimed to evaluate the contestation of actor interests among the State, Victims, CSOs, and others, by emphasizing the …
Two Visions Of Digital Sovereignty,
2023
Tech, Law, & Security Program, WCL
Two Visions Of Digital Sovereignty, Sujit Raman
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Understanding The Typology Of Health Sector Corruption In Indonesia,
2023
Universitas Indonesia
Understanding The Typology Of Health Sector Corruption In Indonesia, Ratna Juwita
Indonesia Law Review
Health sector corruption is considered as one of the most serious barriers to the realisation of the right to health due to the complexity of the health care system structure. This research aims firstly to explain the international legal obligations of Indonesia concerning the right to health and anticorruption and subsequently explain the measures taken by Indonesia to realise its international legal obligations. Secondly, legally binding judgments on health sector corruption will be collected to formulate the typology of health sector corruption in Indonesia. The construction of the typology of health sector corruption is to pinpoint the pattern of corruption …
Morality In Law: An Analysis Towards The Legal Philosophy And Indonesia National Legal System,
2023
Faculty of Law, Universitas Tarumanagara, Indonesia
Morality In Law: An Analysis Towards The Legal Philosophy And Indonesia National Legal System, Ade Adhari, Tundjung Sitabuana, Indah Siti Aprilia
Indonesia Law Review
The philosophy of law schools, such as positivism and naturalism, always have opposing arguments about moral and law separation. Positivism on one side, believes that morality is a non-law element that has to be strictly separated from the law, while on the other side, naturalism says moral can not be separated from the law and that moral has to become the basis of every law. However, the positivism idea is arduous to be implemented in the current situation as the legal product is constantly managed to conform with the moral values. The objectives of this paper are to study: (1) …
The Implementation Of The Religion Rights For Transgender In Indonesia,
2023
University of Hull
The Implementation Of The Religion Rights For Transgender In Indonesia, Ratih Andani Setyo Budhi
Indonesia Law Review
The rights to conduct religious practice are undoubtedly essential for all human beings, including transgender people. However, in practice, they often found obstacles in implementing their fundamental rights to pray to God. The main objectives of this paper are to understand the statutory laws applicable in Indonesia regarding the rights of the religion of the Indonesians for transgenders, and how is the actual implementation by the government in fulfilling the rights, as well as examining case experienced by the transgenders who live in Pondok Pesantren Waria (Female Transgender Madrasa) Al- Fatah Yogyakarta. The Author was using a combination of library …
The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era,
2023
universitas Budi Luhur
The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era, Untung Sumarwan, Arief Hidayat, Lita Tyesta Alw
Indonesia Law Review
The press is a manifestation of the sovereignty of the Indonesian people. Unfortunately, the spirit of freedom of the press seems to be still experiencing shocks from various angles, one of which is the birth of Law number 27 of 2022 concerning Personal Data Protection (PDP Law). On the one hand, the presence of the PDP Law should be appreciated as a form of government effort to protect citizens' rights to privacy. However, unfortunately, several article provisions in the PDP Law still intersect with the Press, which are not a form of restriction in positive terms but have the potential …
