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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
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
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 email@example.com 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
The Gender Jurisprudence and International Criminal Law Project, a collaborative project between the War Crimes Research Office and the Women and International Law Program, announces the launch of a new website, www.genderjurisprudence.org. The centerpiece of the website is the Gender Jurisprudence Collections, a database containing more than 26,000 documents including judgments, decisions, and orders issued by international/ized criminal courts and tribunals, made easily searchable for issues relating to sexual and gender-based violence. For more information, please see the press release.
Source: International Law Grrrls
Some Characteristics of Times of Transition in International Law: Shift from Marginality to Centrality (on the occasion of women’s day)
One of the most vivid characteristics of any moment of transition is that aspects that used to be in the margins, in the sense that they were merely tolerated but were not in the core of the system, become more and more important. Sometimes, these aspects were even disregarded because they did not fit the prevailing framework. When they were strong enough to be mentioned they were often presented as deviations, as “the exception that confirms the rule”. Most of the times, they were aspects not worth being regulated since they fell out of the agreed framework. The migration of these realities from the periphery to the nucleus of the conceptual/institutional prevailing framework is one sign of changing times.
Of course, in periods of transition, the prevailing features do not disappear and so the result is a quite unique mixture of characteristics of different models that often battle for achieving dominance. The process, however, is normally gradual, in the sense that we are not faced with a situation of a Kuhnian revolution but merely of a series of accommodations of aspects that could be prevalent in several different models. Along this process the weakening of the (classical) model becomes evident, since its internal coherence holds together with growing difficulty. Leer el resto de esta entrada »
Minientrada Posted on
The European Inter-University Centre for Human Rights and Democratisation’s Venice Academy of Human Rights is accepting applications for its summer program, to take place July 8-19. The theme of this year’s Academy is “Obligations of States.” The call for applications and further information is available here. A detailed program is here.
Source: International Law Reporter