Human Rights & the Global Economy eJournal最新文献_第7页

Trade Beyond Boundaries: The Unrestricted Struggle Toward Humanitarian Global Trade 超越国界的贸易:走向人道主义全球贸易的无限制斗争

Human Rights & the Global Economy eJournal Pub Date : 2010-06-02 DOI: 10.2139/ssrn.1619586

J. P. Nichols

引用次数: 0

Making Poverty History: A Human Rights Law Approach to External Debt 使贫困成为历史:对外债的人权法处理

Human Rights & the Global Economy eJournal Pub Date : 2009-10-30 DOI: 10.2139/SSRN.1497010

Raymond Pasiliao

引用次数: 0

Polygamy in the Domestic Relations Bill 2003: A Barrier to the Women’s Human Rights in Uganda? 2003年家庭关系法案中的一夫多妻制:乌干达妇女人权的障碍?

Human Rights & the Global Economy eJournal Pub Date : 2009-07-09 DOI: 10.2139/ssrn.1431948

S. Nakitto

引用次数: 0

Gender and Conflict: Potential Gains of Civil Society Efforts to Include Economic, Social and Cultural Rights in Transitional Justice 性别与冲突:民间社会努力将经济、社会和文化权利纳入过渡时期司法的潜在收益

Human Rights & the Global Economy eJournal Pub Date : 2009-05-20 DOI: 10.2139/ssrn.1423410

E. Schmid

{"title":"Gender and Conflict: Potential Gains of Civil Society Efforts to Include Economic, Social and Cultural Rights in Transitional Justice","authors":"E. Schmid","doi":"10.2139/ssrn.1423410","DOIUrl":"https://doi.org/10.2139/ssrn.1423410","url":null,"abstract":"Current approaches to deal with gender issues in transitional justice suffer important limitations. This paper focuses on one of them. It outlines the consequences of limiting transitional justice strategies to civil and political rights in so far as gender dimensions of the conflict are concerned. The article argues that by narrowly focusing on violations of civil and political rights, transitional justice mechanisms gloss over important gender dimensions of the past conflict. Conflicts, their termination, as well as efforts of transitional justice are gendered. As Bell and O’Rourke argue, \"matters that address underlying issues of discrimination, domination and improvement of physical, social and legal security particularly with regard to gender, are often addressed as secondary, or not at all.\" If it is true that women and girls are disproportionately affected by violations of ESCR - both during armed conflict and in peacetime - donor agencies, human rights organisations and governmental authorities must be convinced that narrow conceptions of what constitute human rights violations fail to meaningfully deal with women’s experiences in conflict.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2009-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133251495","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}

引用次数: 2

Pre-Trial Detention: The Presumption of Innocence and Article 5 of the European Convention on Human Rights Cannot and Do Not Limit its Increasing Use 审前拘留:《无罪推定》和《欧洲人权公约》第5条不能也不限制其日益增加的使用

Human Rights & the Global Economy eJournal Pub Date : 2009-05-14 DOI: 10.1163/157181709x429132

L. Stevens

{"title":"Pre-Trial Detention: The Presumption of Innocence and Article 5 of the European Convention on Human Rights Cannot and Do Not Limit its Increasing Use","authors":"L. Stevens","doi":"10.1163/157181709x429132","DOIUrl":"https://doi.org/10.1163/157181709x429132","url":null,"abstract":"These days the use of pre-trial detention in Europe seems to be ever increasing. This is in spite of the fact that the the presumption of innocence tells authorities to be restrictive in pre-detaining suspects. It also seems contrary to the starting point of the European Court of Human Rights. Basing itself on the presumption of innocence the Court holds that a suspect should await his trial in freedom. For obvious reasons, the presumption of innocence and the European case-law are often invoked to either state that today's pre-trial detention practices are in violation of both presumption and case-law or to say that pre-trial detention practice should take them more into account. In this article however, I argue that the presumption of innocence has little operational value when trying to limit the use of pre-trial detention. Also, the case-law of the ECHR allows pre-trial detention to be used more than only reluctantly and even in a rather punitive way. This poses the question what then could be arguments to put a hold to the increasing use of pre-trial detention. But maybe, this is not the right question to ask. Practice and theory are starting to diverge considerably. Also, practice does not seem to be receptive to any arguments put forward by scholars. In the reality of the risk society we may have to accept that pre-trial detention is no longer an ultimum remedium. It is on the contrary a popular preventive instrument serving the purpose of security, and hence an intensively used one. Perhaps it would be more realistic and useful to start thinking about a new theoretical framework on pre-trial detention.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2009-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122370082","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}

引用次数: 15

Global Economic Crisis and the Danger of Protectionism: Does International Law Help? 全球经济危机与保护主义的危险:国际法有帮助吗?

Human Rights & the Global Economy eJournal Pub Date : 2009-04-24 DOI: 10.37974/ALF.69

S. Ripinsky

引用次数: 3

Democracy and Human Rights in the European-Asian Dialogue: A Clash of Cooperation Cultures? 亚欧对话中的民主与人权:合作文化的冲突?

Human Rights & the Global Economy eJournal Pub Date : 2008-12-31 DOI: 10.2139/ssrn.1324114

Howard Loewen

{"title":"Democracy and Human Rights in the European-Asian Dialogue: A Clash of Cooperation Cultures?","authors":"Howard Loewen","doi":"10.2139/ssrn.1324114","DOIUrl":"https://doi.org/10.2139/ssrn.1324114","url":null,"abstract":"Whereas the European Union (EU) favors a formal, binding, output-oriented, and to some extent supranational approach to cooperation, the Association of Southeast Asian Nations (ASEAN) is based on informal, non-binding, process-oriented intergovernmental forms of cooperation. This article addresses the question of whether these differences between European and Asian cooperation norms or cultures can account for interregional cooperation problems in the areas of democracy and human rights within the institutional context of EU-ASEAN and the Asia-Europe Meeting (ASEM). The author argues that a clash of cooperation cultures basically occurs in both forms of interregional collaboration between Asia and Europe, with slight differences due to the institutional context: while disagreements over the question of democracy and human rights between the EU and ASEAN have led to a temporary and then a complete standstill in cooperation, the flexible institutional mechanisms of ASEM seem, at first glance, to mitigate the disruptive effects of such dialogues. Yet informality does not remove the issues from the agenda, as the recurrent disputes over Myanmar's participation and the nonintervention norm favored by the Asian side of ASEM clearly indicate. Antagonistic cooperation cultures thus play a significant role in explaining the obstructive nature of the interregional human rights and democracy dialogue between Asia and Europe.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2008-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132932607","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}

引用次数: 19

The Inevitable Globalization of Constitutional Law 宪法全球化的必然

Human Rights & the Global Economy eJournal Pub Date : 2008-12-18 DOI: 10.2139/SSRN.1317766

M. Tushnet

{"title":"The Inevitable Globalization of Constitutional Law","authors":"M. Tushnet","doi":"10.2139/SSRN.1317766","DOIUrl":"https://doi.org/10.2139/SSRN.1317766","url":null,"abstract":"This Essay examines the forces pushing the presently varying forms of domestic constitutional law toward each other, and the sources of and forms of resistance to that globalization (or convergence, or harmonization). After a brief introduction sketching claims for the existence of a \"post-war paradigm\" of domestic constitutional law and competing claims about national exceptionalism, the Essay sketches the \"top down\" pressures for convergence - judicial networks and actions by transnational institutions, including transnational courts, international financial institutions, and transnational NGOs. It then turns to \"bottom up\" pressures, from domestic interests supporting local investments by foreign investment and high-level human capital and from lawyers engaged in transnational practice. A discussion of counterpressures from the supply side follows. These counterpressures include resistance from local interests, including authoritarian or semi-authoritarian political elites, and subtle but perhaps deliberate misunderstandings that can arise when superficially similar legal arrangements take on distinctive local meanings. The Essay discusses whether the mechanisms it identifies lead to a race to the \"top,\" to the \"bottom,\" or to some more variegated location. It concludes with a brief treatment of how the globalization of domestic constitutional law can be accommodated to local notions of separation of powers.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2008-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121695621","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}

引用次数: 77

Intellectual Property Rights and the Right to Participate in Cultural Life 知识产权与文化生活参与权

Human Rights & the Global Economy eJournal Pub Date : 2008-11-01 DOI: 10.2139/SSRN.1475430

Molly K. Land

{"title":"Intellectual Property Rights and the Right to Participate in Cultural Life","authors":"Molly K. Land","doi":"10.2139/SSRN.1475430","DOIUrl":"https://doi.org/10.2139/SSRN.1475430","url":null,"abstract":"Although many contend that human rights law is a justification for intellectual property rights, precisely the opposite is true. Human rights law is far more a limit on intellectual property rights than a rationale for such regimes. In a variety of ways, human rights law requires states to take specific, concrete steps to limit the effects of intellectual property rights in order to protect international human rights. This powerful and emancipatory dimension of human rights law has unfortunately been overshadowed by those who claim human rights as a basis for granting exclusive rights.The U.N. Committee on Economic, Social, and Cultural Rights – the body created to monitor state compliance with the terms of an international treaty called the International Covenant on Economic, Social, and Cultural Rights – is in the process of drafting a General Comment that will interpret the “right to take part in cultural life,” a right protected under Article 15(1)(a) of the treaty. This submission was designed to provide the Committee with an overview of some of the ways in which intellectual property rights can affect this right and what states may be required to do to protect the ability of individuals to participate in cultural life.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2008-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115482186","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}

引用次数: 2

A Synopsis: Rights, Responsibilities and Roles of Human Rights NGOs under International Law 摘要:国际法下人权非政府组织的权利、责任和作用

Human Rights & the Global Economy eJournal Pub Date : 2008-10-10 DOI: 10.2139/SSRN.1300103

I. Ajibade

引用次数: 1