Distinguished jurist Navi Pillay discusses state sovereignty and human rights
Source: Int Law Grrls
October 19, 2016. United States.
“The biggest violators of human rights are states themselves, by commission or omission.”
This quote by Navi Pillay aptly summarized her talk on “National Sovereignty vs. International Human Rights.” Pillay, whose renowned legal career has included posts as U.N. High Commissioner for Human Rights and as a judge on the International Criminal Court and the International Criminal Tribunal for Rwanda, spoke this morning at the University of Georgia School of Law Atlanta campus.
Human Rights in a Positive State
By Laurens Lavrysen
Source: International Law Reporter
October 14, 2016.
The European Court of Human Rights has long abandoned the view that human rights merely impose obligations of restraint on State authorities (so-called negative obligations). In addition, States are under positive obligations to take steps to actively protect and ensure the rights and freedoms guaranteed by the European Convention on Human Rights.
Call for Papers: Critical Approaches to Irregular Migration Facilitation: Grounding the Theory and Praxis of Human Smuggling
Source: Int Law Grrls
October 12, 2016
The facilitation of irregular migration – labelled by the state as migrant, people or human smuggling – has been primarily articulated as a violent, exploitative practice under the control of transnational crime. It has also been tied to often problematic articulations of class, race, gender, informal forms of labour and sex work. Furthermore, the language of crisis, crime, violence and humanitarianism often associated with references to smuggling has reified specific geographic locations and their people as inherently dangerous and in need of surveillance and control. Amid this context, the explosive militarization of border control practices and stricter immigration criminalization policies have been articulated as the only effective measures to fight the alleged spread of smuggling, depicted as a global security threat under the control of networks of vast, dark reach.
Wrapup: can corporations be trusted to tackle modern slavery?
October 13, 2016
Enforcement of labour protections will remain an issue, but there’s still a reason to require corporate due diligence on forced labour in supply chains.
There seems to be consensus amongst the contributors that self regulation of business on its own is not sufficient to address modern slavery and must be bolstered by strong and binding laws. Many references were made to a new binding international instrument, the possible ILO decent work in global supply chains, and the accountability gaps that exist in the current international legal framework.
Approaching States’ Obligations under a Treaty on TNCs and other business enterprises in Regard to Human Rights
Source: Global policy
The duty of the State to protect against human rights violations by private entities and to ensure remedies for victims of such violations is well established under international human rights law. It has also been recognized by the Guiding Principles (GPs) on Business and Human Rights. Yet, given the globalized and rapidly evolving economic realities driven by multinational corporations, individual States often face limitations in their ability to respond to human rights violations by private entities and to exercise their sovereign right to regulate. John Ruggie had noted in a 2008 report that legal rights of transnational corporations have been expanded significantly over the past generation, creating instances of imbalances between firms and States that may be detrimental to human rights.
Primera extradición a China desde América Latina sienta precedente para justicia internacional
El contrabandista Huang Haiyong fue repatriado en la madrugada del 17 de julio desde Perú a China después de 18 años de huida en el extranjero. Se trata del primer sospechoso extraditado a China desde un país latinoamericano, lo cual sienta un buen precedente y al mismo tiempo refleja el desarrollo de las relaciones entre China y América Latina, según los expertos.