Human Rights & the Global Economy eJournal最新文献

{"title":"Citizenship for Sale?","authors":"Ayelet Shachar","doi":"10.1093/OXFORDHB/9780198805854.013.34","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780198805854.013.34","url":null,"abstract":"“There are some things that money can’t buy.” Is citizenship among them? In her contribution to the Oxford Handbook of Citizenship, Professor Shachar explores this question by highlighting the core legal and ethical puzzles associated with the surge in cash-for-passport programs. The spread of these new programs is one of the most significant developments in citizenship practice in the past few decades. It tests our deepest intuitions about the meaning and attributes of the relationship between the individual and the political community to which she belongs. This chapter identifies the main strategies employed by a growing number of states putting their visas and passports “for sale,” selectively opening their otherwise bolted gates of admission to the high-net-worth individuals of the world. Moving from the positive to the normative, the discussion then elaborates the main arguments in favor of, as well as against, citizenship-for-sale. Shachar draws attention to the distributive and political implications of these developments, both locally and globally, and identifies the deeper forces at work that contribute to the perpetual testing, blurring, and erosion of the state-market boundary regulating access to membership.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127637293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"International Standards on Business and Human Rights: Is Drafting a New Treaty Worth it?","authors":"Constance de la Vega","doi":"10.2139/ssrn.2849178","DOIUrl":"https://doi.org/10.2139/ssrn.2849178","url":null,"abstract":"In 2014, the United Nations Human Rights Council adopted a resolution to establish a Working Group to draft a treaty on business and human rights. In the aftermath of this resolution, much is being written on what such a treaty would cover. And in light of the very close vote approving the resolution — and the likelihood that few developed countries would ratify the treaty — a question may arise as to whether the effort to draft the treaty would be worth it. To answer this question, this paper examines the International Convention for the Protection of All Rights of Migrant Workers and Their Families — which has only been ratified by a small number of states (and primarily by sending countries). This paper first summarizes the history of the efforts to address corporate accountability, and examines the current voluntary and mandatory international standards relevant to the human rights obligations of businesses. The paper then reviews the Convention on Migrant Workers and the Committee on Migrant Workers (CMW) Concluding Observations on reports of the States Parties. These reports indicate that states have adopted legislation to both educate their own citizens who might emigrate to other countries as well as to provide some benefits to migrant workers in their own countries. Despite the small number of States Parties to the Convention, this legislation demonstrates what can be done to protect the rights of migrant workers both in sending and receiving countries, and it helps develop best practices to promote their rights. And while the CMW has raised concerns regarding the adequacy of this legislation, the laws have helped to develop the legal standards regarding the definition of migrant workers, and regarding the rights of those in irregular situations. The paper asserts that these benefits will clearly have an effect on the evolution of the law protecting migrant workers and their families. The Convention on Migrant Workers thus provides a good model for the possible benefits of a treaty on human rights, even if such a treaty is not widely ratified. First, the drafting of a binding document has helped develop the law on migrant workers. Second, the treaty has helped to promote and protect the rights of workers from sending states as well as migrants who live in the States Parties. The paper concludes that the drafting of a treaty on business and human rights could have a similar effect. Such a treaty could promote the development of international standards to address the topic at the international level, as well as the development of procedures at the national level. It could also provide a forum for addressing redress at the international level when the domestic procedures are not sufficient.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121869766","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On Normative Effects of Immigration Law","authors":"Emily Ryo","doi":"10.2139/ssrn.2741233","DOIUrl":"https://doi.org/10.2139/ssrn.2741233","url":null,"abstract":"Can laws shape and mold our attitudes, values, and social norms, and if so, how do immigration laws affect our attitudes or views toward minority groups? I explore these questions through a randomized laboratory experiment that examines whether and to what extent short-term exposures to anti-immigration and pro-immigration laws affect people’s implicit and explicit attitudes toward Latinos. My analysis shows that exposure to an anti-immigration law is associated with increased perceptions among study participants that Latinos are unintelligent and law-breaking. In contrast, I find no evidence that exposure to pro-immigration laws promoted positive attitudes toward Latinos. Taken together, these results suggest that exposure to anti-immigration laws can easily trigger negative racial attitudes, but fostering positive racial attitudes through pro-immigration laws might be substantially more difficult. I argue that a fuller appreciation of the impacts of immigration laws requires an understanding of their normative effects. I conclude by discussing the directions for future research on law, racial attitudes, and intergroup relations, and the policy implications of my findings.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123590219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Climate Change and Human Trafficking After the Paris Climate Agreement","authors":"M. Gerrard","doi":"10.7916/D8T43T72","DOIUrl":"https://doi.org/10.7916/D8T43T72","url":null,"abstract":"Climate change is a major contributor to migration and displacement. Persistent drought forced as many as 1.5 million Syrian farmers to move to overcrowded cities, contributing to social turmoil and ultimately a civil war that drove hundreds of thousands of people to attempt to cross the Mediterranean into Europe. Drought also worsened refugee crises in the Sahel, the Horn of Africa and other parts of the continent. Climate change can cause displacement in multiple ways. No reliable estimates exist of the number of people who will be displaced partly or wholly by climate change, due to uncertainties concerning the rate of climate change, the ability of different societies to cope with this change, and other factors. However, several estimates put the number of people in the hundreds of millions in the latter part of this century. It is well documented that displacement leads to a considerable increase in human trafficking (often for sexual exploitation or forced labor) and smuggling (which often leads to fatalities in transit). Climate change represents one of the most profound injustices in today’s society, for those who will suffer the most, those displaced from their homes, are the poorest among us – those who contributed the least to the excess energy use that is at the root of much of the problem.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116997973","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Can Minimum Core Obligations Survive a Reasonableness Standard of Review Under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights?","authors":"L. Forman","doi":"10.2139/SSRN.2744436","DOIUrl":"https://doi.org/10.2139/SSRN.2744436","url":null,"abstract":"In 2013, after twenty years of debate, an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights came into operation, enabling the international justiciability of this Covenant’s rights for the first time. Under this mechanism, individuals within ratifying countries can submit complaints to the Committee on Economic, Social and Cultural Rights alleging violations of Covenant rights including health. The Protocol ushers in a new era for the international justiciability of this right, with the potential to advance its normative development and offer material gains to applicants. In this light the Committee’s enforcement may prove an important crucible for the evolution of rights like health. Yet the Committee’s interpretive approach to this right may conflict with the adjudicative approach laid out in relation to the Protocol. For example, Protocol guidelines adopt a ‘reasonableness approach’ to adjudication (drawn from the South African Constitutional Court), which may contradict the Committee’s core obligations approach to interpreting economic, social and cultural rights. This analysis remains speculative since the Committee has yet to release a decision under this mechanism. Accordingly, my paper will contrast the Committee’s adjudicative rules against earlier interpretations of the right to health to analyze its potential approach to enforcement, and to consider the implications for individual complainants, domestic litigation, and indeed, the evolution of the right to health more generally.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114143358","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"European Human Rights Law and the Normalisation of the ‘Closed Material Procedure’: Limit or Source?","authors":"E. Nanopoulos","doi":"10.1111/1468-2230.12155","DOIUrl":"https://doi.org/10.1111/1468-2230.12155","url":null,"abstract":"Once a legal abnormality that was criticised on human rights grounds, the closed material procedure (CMP) has now become the main mechanism for dealing with allegedly sensitive security information in the UK. This article considers the role of European human rights law in that process. It argues that the CMP can be conceptualised as the product of human rights law, which has developed so as to legalise and normalise its use, and that this process is symptomatic of a deeper inter‐relationship between human rights law and the preservation of states' security interests, which renders the former inherently unsuitable for dealing with security phenomena.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127579450","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Hannah Arendt's Moral Ontology: Comments on David Luban's Arendt on the Crime of Crimes","authors":"L. Coutinho","doi":"10.1111/raju.12085","DOIUrl":"https://doi.org/10.1111/raju.12085","url":null,"abstract":"David Luban identifies a tension between Arendt's conception of ethnic identification in a context of persecution and her conception of humanity. That tension pertains to the reality - or realities - that Arendt addresses: the moral reality of her Bildung that appears throughout her work, and is centered on the “dignity of man,” on the one hand, and the divisive, “political” reality that she was forced to face when “attacked as a Jew,” on the other. By implicitly accepting that in a context of persecution one cannot escape the framing relevance of the “political” - an idea that is also present in her imaginary condemnation speech of Eichmann - Arendt betrays a fundamental theme of her work: “forgiveness” and the inherent possibility of a “new beginning.”","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129323627","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Direct Parental Negligence Liability: An Expanding Means to Hold Parent Companies Accountable for the Human Rights Impacts of Their Foreign Subsidiaries","authors":"Nora Mardirossian","doi":"10.2139/SSRN.2607592","DOIUrl":"https://doi.org/10.2139/SSRN.2607592","url":null,"abstract":"In order to provide access to remedy for victims of human rights impacts and encourage parent companies to prevent future impacts by their foreign subsidiaries, there is a need for national courts to apply tort law duty of care obligations to parent companies. This paper argues that parent companies with high levels of control or supervision of their subsidiaries owe a direct duty of care to those whose risk of injury is foreseeable. When these parents act negligently – failing to meet this duty of care or exercise due diligence – in controlling the actions of their subsidiaries, they should be held directly liable. The paper aims to clarify why and how parent companies can be held liable for failing to exercise a requisite duty of care in controlling the acts of their subsidiaries when human rights impacts result. First, the need to turn to conventional tort litigation of human rights impacts in the wake of Kiobel is discussed. Next, the paper discusses the normative justifications for holding parent companies accountable and gives a short overview of alternative approaches to doing so. The paper then turns to two recent decisions that have opened up the ability to bring direct parental negligence claims and that should serve as examples for other courts, especially those operating under common law tort principles. In the U.K., the court in Chandler v. Cape held a parent company owed a direct duty of care to the employees of its subsidiary and that that duty was breached. In Canada, the Choc v. Hudbay court found that a parent company may owe a direct duty of care to a Guatemalan indigenous community whose rights were violated by a subsidiary of a Canadian parent company. Finally, the conformity of these decisions with international human rights law principles will be considered.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124239896","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Laws of War and Public Opinion: An Experimental Study","authors":"Adam Chilton","doi":"10.2139/ssrn.2439428","DOIUrl":"https://doi.org/10.2139/ssrn.2439428","url":null,"abstract":"Research examining whether the laws of war change state behavior has produced conflicting results, and limitations of observational studies have stalled progress on the topic. To bring new evidence to the debate, I have conducted a survey experiment that directly tests whether one mechanism hypothesized to drive compliance with international law - changes in public opinion - creates pressure to comply with the laws of war. The results provide qualified support to research suggesting that democracies may comply with the laws of war when there is the expectation of reciprocity.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113968136","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Role of Multilateral Institutes in Sustainable Development","authors":"Kiran Ranganath Kale","doi":"10.2139/ssrn.2544547","DOIUrl":"https://doi.org/10.2139/ssrn.2544547","url":null,"abstract":"Sustainable development is an organizing principle for human life on a finite planet. It opposes a desirable future state for human societies in which living conditions and resource-use meet human needs without undarning the sustainability of natural system and the environment. So those future generations may also have their needs. In this way the word sustainable has been used in too many situations today and ecological sustainable growth, sustainable economics sustainable societies, sustainable agriculture. Everything is sustainable thus the social dimension of sustainable development has most often been ignored when developing future scenario or at best been dealt with as a framework condition for successful environment this would be removed by active participation of multilateral institute in sustainable development. And due to their active participation there is possibility of improvements in market economy, environment and social criteria will be developed. In this way it is not the purpose of this paper to undertake a systematic review of the economic or geographical consequences of moving from unsustainable to sustainable development mode. While some sectors of the economy might be reformed with little difficulty, in others the cost may considerable. This not a matter that the private economic markets alone can resolve although proper national, sectorial and regional polices would certainly helped the private sector to better management of the resource base would certainly help the lead the private sector to better management of the resource base. It is the public sector with its vital role in the policy formation and its services, that is chief player in redirecting growth to more sustainable forms. The private sector, including the increasingly recognized and active NGOs, is the pivotal co-participant of change in most increasingly recognized and active NGOs and some public spirited lawyers is the pivotal co-participant of change in most societies. The progress towards sustainable development also requires the active participation of the multilateral and bilateral finance and technical assistance institutions -- the World Bank, the regional Development bank (which include the Inter-American Bank Development Bank, the Asian Development Bank, and the United System of Agencies).","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127772850","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}