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Can Human Rights Be Exported? On the Very Idea of Human Rights Transplantability

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Claudio Corradetti
University of Oslo – Faculty of Law – Norwegian Center for Human Rights

Antonina Bakardjieva Engelbrekt and Joakim Nergelius (eds.), New Directions in Comparative Law, Edward Elgar Publishing, 2010

In order to formulate an answer to the question of human rights transplantability, it is essential to refer, first, to the previously argued thesis for the idea of a conceptuallegal status of human rights, and then to provide an understanding of the notion of transplantability itself. These points can be validly argued only if a general precondition is first satisfied: general comparability among systems of rights. Indeed, it is only if the possibility of general comparability among legal systems can be admitted that might arise the moral and political obligation to expand, through legal transplantability, the system of protected liberties and fundamental rights. I will consider three possible approaches to law which respond in different ways to the problem of transplantability: the first considers law as an autonomous domain and it represents the best candidate for a pure theory of legal transplants; the second conceives of law as a domain strictly embedded into and dependent upon society, thus rejecting any legitimate form of legal transplantability; finally, the third model represents an intermediate paradigm in between autonomy and autochthony, conceiving of the possibility of legal transplants as an option subordinated to certain specific constraints.

Source: Social Science Research Network


Yeshanew: The Justiciability of Economic, Social and Cultural Rights in the African Regional Human Rights System

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Sisay Alemahu Yeshanew has published The Justiciability of Economic, Social and Cultural Rights in the African Regional Human Rights System (Intersentia 2013). Here’s the abstract:

The judicial and quasi-judicial enforceability of economic, social and cultural (ESC) rights has for long been disputed based on some flawed characterizations of the rights and concerns about the role of adjudication in addressing issues of socio-economic development. Underscoring the generally poor socio-economic conditions in most African states, this book argues that the justiciability of ESC rights in the African regional human rights system plays a subsidiary role in ensuring social justice and the accountability of public authorities in the states of the continent. It marries theory and practice relating to the normative, institutional and procedural aspects of the justiciability of ESC rights in exploring the actual and potential relevance of the African human rights system to the amelioration of impoverishment, disease, illiteracy, homelessness, starvation, marginalization and other related problems that may be framed in terms of violations of ESC rights.

Source: International Law Reporter

Byrnes, Hayashi, & Michaelsen: International Law in the New Age of Globalization

Posted on Actualizado enn

Andrew Byrnes (Univ. of New South Wales – Law), Mika Hayashi (Kobe Univ. – Law) & Christopher Michaelsen (Univ. of New South Wales – Law) have published International Law in the New Age of Globalization (Martinus Nijhoff Publishers 2013). The table of contents is here. Here’s the abstract:

This collection brings together a series of essays which address some of the challenges that globalization poses to the international legal order. The book examines the interaction of globalization and international law through four sub-themes: the adaptation of classical international legal tools to regulate and adjudicate community interests and conflicts in the era of globalization; coordinating dialogues and governance strategies within and between international legal systems and institutions; globalization and the diversification of actors; and the exposure of State sovereignty to private actors and the need to preserve the regulatory powers of States. The volume will be of interest to international law scholars, practitioners and students, as well as to those working in the fields of international relations and globalization.

Source: International Law Reporter

Hafner-Burton: Making Human Rights a Reality

Posted on Actualizado enn

Emilie M. Hafner-Burton (Univ. of California, San Diego – School of International Relations and Pacific Studies) has published Making Human Rights a Reality (Princeton Univ. Press 2013). Here’s the abstract:
In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. Making Human Rights a Reality takes a fresh look at why it’s been so hard for international law to have much impact in parts of the world where human rights are most at risk.

Emilie Hafner-Burton argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. Leer el resto de esta entrada »

Indigenous Decolonization and United Nations Membership: Indigenous Peoples and the Fundamental Right to Self-Determination

Posted on Actualizado enn

India Reed Bowers, Utrecht University School of Law


This LL.M. thesis provides legal arguments for, amongst other things, the inclusion of Indigenous and Tribal Peoples as Members of the United Nations (equal to States, but not required to form States) through an equality- and dignity-based examination of UN Decolonization, ‘friendly relations’, and self-determination. The arguments contained within also provide an examination of the violations of International Law resulting from, amongst other topics addressed, discrimination committed by the United Nations and States against Indigenous and Tribal Peoples via State-Indigenous governing relationships.

Limited access to justice and limited actualized rights in regards to Indigenous Peoples’ self-determination are discussed with reference to Tribal/Indigenous/State shared histories, legal personality, the International Court of Justice and judicial procedure and remedy, State anti-discrimination laws, the UN and its relationship to international trade and business, the codification of international human rights and criminal law, mental health (with special attention to high Indigenous suicide rates in ‘developed’ States, colonialism and discrimination), current UN definitions of ‘aggression’, ‘war’, ‘colonialism’ and ‘conflict’ (with suggestions of definition revisions), State abuse towards Indigenous and Tribal Peoples, segregation and exclusion, and apartheid and cultural genocide as resulting from State-Indigenous inequality as experienced by Indigenous and Tribal Peoples.

UN definitions of ‘development’ are challenged and held accountable for cultural discrimination and death. Recommendations with an emphasis on healing include amendment of the UN Charter and suggested General Assembly Resolutions, as well as equal international leadership opportunity for traditional and chosen Indigenous and Tribal legal and governing cultures, subsistence-based lifeways and traditional Indigenous and Tribal healers with a focus on the right to cultural integrity, traditional Indigenous and Tribal lands, including the right to say ‘no’ to non-native land-grabbing, resource exploitation and State abuses. The argument that State territorial integrity includes Indigenous and Tribal traditional lands is also countered. The original version of this LL.M. thesis was submitted to the Master’s of Law program ‘International Law of Human Rights and Criminal Justice’ at Utrecht University, the Netherlands, 22 August 2012. This online version was uploaded 5 March 2013.

Source: Social Science Research Network

What are Human Rights?

Minientrada Posted on

You will find in Global Ethics Network a comprehensive article about human rights with many useful links.



Cyberlaw Conference

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As the internet has become ubiquitous, so has cyberlaw grown in importance and influence in our lives. Not one day goes by without hearing and/or reading of legal issues of e-commerce, cloud computing, data protection, intellectual property rights, cybercrime, to name a few. At national level, Governments multiply regulations of the use of internet and new technologies. But increasingly the international dimension of cyberlaw cannot be ignored.

The Cyberlaw Section at the British Society of Legal Studies (SLS) has issued a call for original research papers to be presented at the 2013 SLS Annual Conference from 3rd to 6th September 2013 at the University of Edinburgh, Scotland, UK. The goal of the SLS Cyberlaw Section is to provide a forum where legal scholars and practitioners can gather together to update each other on current developments in cyberlaw and discuss high-quality research relevant to legal issues in the information society. Papers in every discipline of law are welcome.

If you are interested in presenting a paper, please indicate your interest or submit an abstract (within 300 words) to faye.wang@brunel.ac.uk by the 15th March 2013. More information is available at http://cyberlawsection.wordpress.com/2013/02/12/call-for-papers-2013-2/  or http://sections.legalscholars.ac.uk/news_item.cfm?no=361.
Audrey Guinchard (on behalf of the SLS Cyberlaw Section)’

Source: International Law Grrrls