Incorporating Rights

Incorporating Rights
Author: Erika George
Publisher: Oxford University Press
Total Pages: 417
Release: 2020-11
Genre: Law
ISBN: 0199941483

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International law, corporate law, and governance gaps -- Global policy initiatives to regulate business responsibility and human rights -- Human rights conflicts and the creation of corporate responsibility collaborations -- Information and accountability : regulating the corporate social responsibility to respect human rights through ranking and reporting -- Competition, choice, and change : activist investors and concerned consumers as ethical enforcement agents -- From voluntary to obligatory : corporate reporting and codes of conduct to promote respect for human.

Incorporating Un Convention on Rights

Incorporating Un Convention on Rights
Author: Ursula Kilkelly
Publisher: Intersentia
Total Pages: 345
Release: 2020-11-28
Genre:
ISBN: 9781780689920

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The United Nations Convention on the Rights of the Child (CRC) requires States Parties to take all appropriate measures to implement the rights in the Convention. As we celebrate the 30th anniversary of the Convention?s adoption, focus has shifted onto the measures being taken at national level to give effect to children?s rights with specific reference to legal incorporation both direct and indirect. The way in which the CRC is given legal effect is highly contingent upon the constitutional and legal systems of individual countries and can best be understood by those writing from the specific national context. So this book combines individual contributions that address the experience of legal incorporation in selected countries by their national experts, with comparative analysis of the international landscape from the world?s leading authorities on legal implementation of the CRC. The jurisdictions covered in this book include Australia, Scotland, Norway, Ireland, Sweden, Iceland, Wales, Israel, New Zealand, South Africa, USA, Mexico and China.

Incorporating Rights

Incorporating Rights
Author: Erika George
Publisher:
Total Pages: 393
Release: 2021
Genre: Corporate governance
ISBN: 9780199366385

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"Chinese journalist Shi Tao did not report on the 2008 Olympic Games in Beijing because he was serving a prison sentence for divulging a "state secret." Using his Yahoo! e-mail account, Shi Tao sent a message about restrictions imposed on local journalists to the U.S.-based Asia Democracy Foundation. Chinese authorities tracked him down with the assistance of Hong Kong based Yahoo! Holdings Ltd., a Yahoo! foreign subsidiary that provided China's state security apparatus with details allowing the communications to be traced back to Shi Tao's computer. Privacy rights and free expression advocacy organizations accused the company of complicity in the government's violation of Shi Tao's rights. When challenged by rights activists concerning his corporation's role in the journalist's imprisonment, Jerry Yang, Yahoo's U.S.-based co-founder reportedly claimed his company was simply complying with local laws. Nigerian environmental and human rights activist Ken Saro-Wiwa did not vote in Nigeria's democratic elections that ended years of military rule because he was executed by the ruling military dictatorship in 1995 for engaging in dissent. An ethnic Ogoni, Saro-Wiwa, had campaigned for increased autonomy for his community, a minority group residing in the oil-producing region of the country. He had organized protests against the environmental damage created by the drilling operations of Royal Dutch Shell and other oil companies in his community. Saro-Wiwa was "tried" by a special military court under procedures inconsistent with international fair trial standards, convicted along with the other "Ogoni Nine," and hanged. When criticized for its silence with respect to the Saro-Wiwa's trial, a member of Shell's general management reportedly stated the company was not in a position to question or comment on the country's rules, regulations or procedures. Colombian trade unionist "Pablo Perez 50" did not live to see the Colombian government reach a peace accord with the FARC guerrilla movement and adopt sweeping land restitution to return those forcibly displaced by violence during the country's conflict to their homes. "Pablo Perez 50" worked on a banana plantation that supplied Chiquita Brands International until the evening he was kidnapped and killed by the armed paramilitary organization that provided the company with security. In a settlement of criminal charges with the U.S. Justice Department, Chiquita was fined for violating U.S. anti-terrorism laws for making payments to designated foreign terrorist organizations. Yet, the civil claims of thousands of Colombians who suffered abuses allegedly due to Chiquita's complicit conduct were rejected by a federal court in the United States leaving victims with fewer forums for accessing a judicial remedy. Company representatives maintained there was no choice but to cooperate with paramilitaries given the complicated context of the country's conflict situation"--

Human Rights, Inc

Human Rights, Inc
Author: Joseph R. Slaughter
Publisher:
Total Pages: 436
Release: 2022
Genre: LITERARY CRITICISM
ISBN: 9780823291762

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In this timely study of the historical, ideological, and formal interdependencies of the novel and human rights, Joseph Slaughter demonstrates that the twentieth-century rise of "world literature" and international human rights law are related phenomena. Slaughter argues that international law shares with the modern novel a particular conception of the human individual. The Bildungsroman, the novel of coming of age, fills out this image, offering a conceptual vocabulary, a humanist social vision, and a narrative grammar for what the Universal Declaration of Human Rights and early literary theorists both call "the free and full development of the human personality." Revising our received understanding of the relationship between law and literature, Slaughter suggests that this narrative form has acted as a cultural surrogate for the weak executive authority of international law, naturalizing the assumptions and conditions that make human rights appear commonsensical. As a kind of novelistic correlative to human rights law, the Bildungsroman has thus been doing some of the sociocultural work of enforcement that the law cannot do for itself. This analysis of the cultural work of law and of the social work of literature challenges traditional Eurocentric histories of both international law and the dissemination of the novel. Taking his point of departure in Goethe's Wilhelm Meister, Slaughter focuses on recent postcolonial versions of the coming-of-age story to show how the promise of human rights becomes legible in narrative and how the novel and the law are complicit in contemporary projects of globalization: in colonialism, neoimperalism, humanitarianism, and the spread of multinational consumer capitalism. Slaughter raises important practical and ethical questions that we must confront in advocating for human rights and reading world literature--imperatives that, today more than ever, are intertwined.

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection
Author: Federica Cittadino
Publisher: BRILL
Total Pages: 401
Release: 2019-08-12
Genre: Law
ISBN: 9004364404

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In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination.

Incorporation of the Bill of Rights

Incorporation of the Bill of Rights
Author: Gary Bugh
Publisher: Peter Lang Publishing
Total Pages: 0
Release: 2022-12-20
Genre: History
ISBN: 9781433196331

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"In the first work of its kind, Incorporation of the Bill of Rights provides a detailed account of the Supreme Court's application of federal rights to the state level. Approaching the Bill of Rights amendment by amendment and right by right, Professor Gary Bugh's content analysis of Court opinions reveals what justices regard as the incorporation status and most relevant case for each right. Along with finding that the Court has incorporated nearly the entire Bill of Rights, Professor Bugh offers new insights into unincorporated rights and addresses the judiciary's various theoretical defenses for protecting civil liberties from state infringement. This definitive inventory of incorporated rights is an essential resource for law and government scholars, teachers, and practitioners at all levels of government"--

Because of Sex

Because of Sex
Author: Gillian Thomas
Publisher: Picador USA
Total Pages: 304
Release: 2017-08-08
Genre: History
ISBN: 1250138086

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A compelling look at ten of the most important Supreme Court cases defining women’s rights on the job, as told by the brave women who brought the cases to court

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes
Author: Zena Prodromou
Publisher: Kluwer Law International B.V.
Total Pages: 313
Release: 2020-08-12
Genre: Law
ISBN: 9403520019

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In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.