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This article analyzes the emergence of new human rights norms for transnational corporations. It first explores voluntary norm-making approaches, whic...
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The Human Rights Council of the United Nations was inaugurated in 2006 to much acclaim. Promising to defuse the tensions that had overwhelmed its mali...
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I. INTRODUCTION
The worst cases of corporate-related human rights harm have occurred, predictably, in the places that need economic development the ...
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Abstract
Drawing on Habermas's notion of discourse ethics and agonistic democratic theory I offer an account that attempts to overcome the exclusion...
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Armed conflict leaves no person and nothing unscathed. The vile nature of war penetrates all aspects of life and human society, including the land and...
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Forced to Be Good: Why Trade Agreements Boost Human Rights. By Emilie Hafner-Burton. Ithaca, NY: Cornell University Press, 2009. 220pp.
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[...] the paper suggests strategies to continue to enhance the sensitivity of the Court to gender issues in order to improve the treatment of women in the Inter-American Human Rights System and, consequently, in the Americas in general.
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Common Ground: Islam, Christianity, and Religious Pluralism. By Paul Heck. Washington, DC: Georgetown University Press. 2009.
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Introduction - II. History and significance of habeas corpus - III. Habeas corpus provisions in relevant human rights law - A. Article 9(4) of the International Covenant on Civil and Political Rights - B. Article XXV of the American Declaration of the Rights and Duties of Man - IV. Basic guarantees and scope of application - A. Basic Guarantees - B. Relationship to International Humanitarian Law - C. Derogability - D. Extraterritorial Application - V. Assessing american compliance - A. Availability of Review - B. Procedural Issues - VI. Conclusion
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This article further fills the lacuna in the scholarly literature regarding compliance theory and the Inter-American Court of Human Rights. It builds upon a previous publication by this same author titled "Member State Compliance with the Judgments of the Inter-American Court of Human Rights." Like its predecessor, this Article explores various prominent theoretical models including the managerial model, fairness and legitimacy, transnational legal process, and self-interest. Harmonizing aspects of these distinctive theoretical models as an analytical base, this Article proposes a new, hybrid model which suggests that many of the central tenets of the previous theories reflect reconcilable dimensions of compliance with the Court's judgments rather than representing an ineluctable, theor...