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1.
In Filartiga v. Pena-Irala (1980), the Second Circuit Court of Appeals ruled that victims of human rights violations could sue their oppressors civilly
in US courts under an eighteenth century law now called the Alien Tort Claims Act (ATCA). Controversy raged over the Filartiga decision and the proper interpretation of the ATCA for 24 years. Then in Sosa v. Alvarez-Machain (2004), the Supreme Court issued its first ATCA decision. This essay analyzes the effect of the Sosa decision on the development of human rights law in US courts. I find that while the federal judiciary is responding to some
of the Supreme Court’s directives, lower courts still retain a great deal of discretion in handling ATCA cases.
相似文献
Jeffrey DavisEmail: |
2.
Brian Grodsky 《Human Rights Review》2009,10(2):219-238
In this paper, I explore the formation of human rights attitudes among what I call the “silent majority” in the post-communist
countries of Central Europe and the former Soviet Union. This is the large, diverse group of people never directly confronted
with harsh methods of repression under communism. I argue here that the foundations for conceptualizing human rights are based
on the degree and saliency of exposure to rights violations and that, for many citizens of Central and Eastern Europe, life
behind the “iron curtain” is associated with relatively fewer rights violations than life after the iron curtain’s fall. Comparative
personal experiences will play a key role in explaining how these citizens conceptualize human rights. I test this argument
by applying it to the cases of Poland, where I conducted a total of 68 randomly selected non-elite interviews in an effort
to probe for key factors defining individuals’ conceptions of human rights.
相似文献
Brian GrodskyEmail: |
3.
This paper argues that the views of Charles Taylor on justice in income and wealth distribution are fallacious, especially
in regard to issues such as private property rights, justice, human rights, and theft. As to this last point, Taylor maintains
it is possible, under certain circumstances, to “legitimately steal.” We regard this as a philosophical howler of the first
order. We also demur from his contention that equity and equality can be used as synonyms.
相似文献
Walter BlockEmail: |
4.
Steven D. Ealy 《Society》2008,45(5):415-418
The 2008 presidential election will be significant both for domestic and for foreign policy. Issues of security in domestic
policy will continue to trump issues of freedom. The difficulties of resolving our military presence in Iraq will be the first
among many important issues the new administration must confront. In both domestic and foreign affairs the new administration
will have to deal with the unanticipated consequences of inherited policies even as it creates its own agenda and its own
set of unintended consequences.
相似文献
Steven D. EalyEmail: |
5.
Daniel P. L. Chong 《Human Rights Review》2009,10(2):183-204
In recent years, dozens of human rights non-governmental organizations (NGOs) across the globe have begun to advocate for
economic and social rights, which represents a significant expansion of the human rights movement. This article investigates
a central strategy that NGOs have pursued to realize these rights: legalization. Legalization involves specifying rights as
valid legal rules and enforcing them through judicial or quasi-judicial processes. After documenting some of the progress
made toward legalization, the article analyzes five unique challenges involved in legalizing economic and social rights. It
is important to identify these challenges because they must be overcome if the human rights movement wishes to refute the
notion that economic and social rights are inherently non-justiciable (and therefore, to some, invalid as rights). These challenges also point to the possibility that legalization is not the only, or even the best, strategic pathway to
realize economic and social rights effectively.
相似文献
Daniel P. L. ChongEmail: |
6.
Alex Fielding 《Human Rights Review》2008,9(4):513-523
In the wake of globalisation, we have witnessed the rise of the transnational corporation—powerful, new players in an international
human rights system ill-equipped to handle the challenge. Despite the best efforts of the United Nations, international treaties
and human rights lawyers the world over, there is simply no mandatory international code of corporate conduct targeting human
rights practices. Enter the Alien Tort Claims Act (ATCA), a once-obscure U.S. statute that provides a private cause of action
for violations of international human rights law committed by governmental and non-governmental actors. This paper will examine
recent ATCA jurisprudence, the landmark Unocal settlement, and the ATCA’s role in reining in Yahoo! Inc. for supplying evidence
used to convict Chinese dissidents Wang Xiaoning and Shi Tao.
Alex Fielding received his B.A. degree from Augustana University College and his LL.B. degree from the University of Victoria. He is currently articling with Stikeman Elliot LLP in Vancouver, BC. 相似文献
Alex FieldingEmail: |
Alex Fielding received his B.A. degree from Augustana University College and his LL.B. degree from the University of Victoria. He is currently articling with Stikeman Elliot LLP in Vancouver, BC. 相似文献
7.
Volker Heins 《Human Rights Review》2008,9(2):213-232
This article examines recent controversies over the relationship between human rights and intellectual property rights (IPRs).
Many activists have claimed that IPRs conflict with human rights. Others have argued that IPRs are themselves human rights.
The article approaches the debate as an opportunity to clarify the nature of IPRs in relation to human rights, as well as
the nature of contemporary struggles over these rights. After surveying the dual expansion of both human rights and IPRs and
rejecting the view that IPRs are rooted in human rights, the author investigates the example of the HIV/AIDS crisis and the
global Campaign for Access to Essential Medicines in order to illustrate attempts to represent IPRs as an outright threat
to human rights. Highlighting the limitations of a human rights-based critique of IPRs, he concludes by proposing to study
contemporary conflicts over IPRs and human rights as struggles for recognition and as struggles over the institutionalization
of a transnational “recognition order.”
相似文献
Volker HeinsEmail: |
8.
The authors comment on an earlier aritice in Society by Eugene Goodheart and offer a novel hypothesis about the origins of
religion.
相似文献
Lionel Tiger (Corresponding author)Email: |
9.
Matthew B. Crawford 《Society》2007,44(6):131-136
Biotechnological enhancement of human capabilities reveals a characteristically modern stance toward nature: Human nature,
as given, is an impediment to be overcome on the way to full human freedom. As a form of metaphysical partisanship, the biotech
enterprise seems to further the political intention of Thomas Hobbes to nullify human diversity. Commerce in biotech enhancements,
and the individual liberty such commerce instantiates, is likely to have the ironic effect of psychic homogenization.
相似文献
Matthew B. CrawfordEmail: |
10.
11.
Kurt Beurmann 《Human Rights Review》2008,9(1):41-54
The emotions surrounding the question of Kosovo’s future owe their intensity to the long history of human rights abuses in
the province. The years 1945–1966 and 1987–1999, in particular, saw harsh repression of local Albanians and a systematic favoring
of local Serbs. Since June 1999, the province has been under international supervision, and, in this period, Serbs complain
that they have been the victims of repeated acts of violence at the hands of Albanians. This article provides an overview
of human rights abuses since 1945 and closes with a brief assessment of the international plan presented by UN mediator Martti
Ahtisaari in February 2007.
相似文献
Kurt BeurmannEmail: |
12.
Wilfred M. McClay 《Society》2008,45(5):403-405
Whatever else the 2008 presidential election may result in, we can be sure that it will only contribute further to the steadily
declining role of political parties in American politics, and the myriad negative consequences arising from that decline.
相似文献
Wilfred M. McClayEmail: |
13.
Luis E. Lugo 《Society》2007,44(6):109-112
Americans are not as religiously divided on foreign policy questions as they are over such hot-button, culture war domestic
issues as abortion and gay marriage. Nevertheless, surveys suggest that Americans’ attitudes on several foreign policy fronts
are consistent with a religious worldview. This analysis draws primarily on the findings of various PRC polls to examine the
relationship between religion and three areas of foreign policy: the role of the USA in the world; the nature of international
obligations; and the morality of war.
相似文献
Luis E. LugoEmail: |
14.
David Popenoe 《Society》2009,46(5):429-436
Non-marital cohabitation has become widespread in modern, Western nations. It has led to dramatic declines in marriage rates
and contributed to high levels of unwed births and lone-parent families, thus negatively affecting child wellbeing.
相似文献
David PopenoeEmail: |
15.
This article offers a thorough analysis of the unintended impact economic sanctions have on political repression—referred
to in this study as the level of the government respect for democratic freedoms and human rights. We argue that economic coercion
is a counterproductive policy tool that reduces the level of political freedoms in sanctioned countries. Instead of coercing
the sanctioned regime into reforming itself, sanctions inadvertently enhance the regime’s coercive capacity and create incentives
for the regime’s leadership to commit political repression. Cross-national time series data support our argument, confirming
that the continued use of economic sanctions (even when aimed at promoting political liberalization and respect for human
rights) will increase the level of political repression. These findings suggest that both scholars and policy makers should
pay more attention to the externalities caused by economic coercion.
相似文献
A. Cooper DruryEmail: |
16.
Elena Pariotti 《Human Rights Review》2009,10(2):139-155
During this age of globalisation, the law is characterised by an ever diminishing hierarchical framework, with an increasing
role played by non-state actors. Such features are also pertinent for the international enforceability of human rights. With
respect to human rights, TNCs seem to be given broadening obligations, which approach the borderline between ethics and law.
The impact of soft law in this context is also relevant. This paper aims to assess whether, and to what extent, this trend
could be a proper path to enforce the legal accountability of transnational corporations for human rights. It will be argued
that the interplay between law and ethics should be assessed differently depending on which kind of correlative duty is at
stake. With regard to negative duties, soft law tools concerning TNCs’ conduct may weaken the impact of hard law. By contrast,
when positive duties are concerned, insofar as the horizontal effect of rights cannot be assumed, soft law turns out to be
much more useful.
相似文献
Elena PariottiEmail: |
17.
Valery Perry 《Human Rights Review》2009,10(1):35-54
The case of post-Dayton Bosnia and Herzegovina (BiH) provides an interesting lens through which to reflect on the interconnected
and often conflicting challenges of implementation of internationally brokered peace agreements, external support to democratic
transition and consolidation, and contemporary notions of sovereignty and state building. This chapter suggests that in the
case of BiH, certain contradictions and tradeoffs have been and may still be necessary to ensure a foundation for future stability
and democratic consolidation. The situation in post-Dayton BiH can be described as a frozen conflict that has remained frozen
in large part due to an international presence that ensures that an imperfect peace prevails while also providing a basis
for incremental reform. The peace implementation process in BiH is briefly reviewed by looking at two reform strategies: the
“soft” protectorate strategy used in BiH as a whole and the “hard” protectorate option exercised in the District of Brčko.
The aim is to demonstrate that while a democratic end-state remains the goal in such transitions, the means toward getting
there can include a number of contradictory policy options.
相似文献
Valery PerryEmail: |
18.
Peter Augustine Lawler 《Society》2009,46(3):227-231
Callahan is wrong to be pro-death, but he’s right to say that to live well—or for society to have a real future—we have to
care about more than mere life. Futile attempts to stop the pursuit of extreme personal prolongevity are contrary to our rights-based
way of life. It’s also contrary to human love and dignity to regard the old as a threat.
相似文献
Peter Augustine LawlerEmail: |
19.
In the 1940s, leading public intellectuals established a commission to reform the American press. Many of them initially favored
heavy regulation of newspapers and other media. Though the men failed to change the press, their report lives on in schools
of journalism.
相似文献
Stephen BatesEmail: |
20.
The case of the erased residents of Slovenia – when approximately 18,000 people who were mostly of Serbian, Croatian and Bosnian
ethnicity, were erased from the permanent residence registry of the Republic of Slovenia – represents one of the most severe
cases of administrative ethnic/racial discrimination and human rights violations in the post-communist East and Central Europe
outside the conflict area. The erasure caused “civil death” of the people who were affected by the measure, depriving them
of civil, political, social, and economic rights. In 2007, 4 years after the 2003 Constitutional Court decision, declaring
the 1992 erasure an unconstitutional act of the state and requiring the legislator to adopt measures to reinstate the statuses
of the erased people, the problem remains unsolved and unaddressed both systemically and individually, and the situation of
erasure persists. This article presents the case and analyses of the framework that made the erasure possible in terms of
the preparation of the majority of Slovenes to accept and even support the violations and politicians to renounce their political
responsibility to those who have lost the right to have rights.
This article is based on the insights of the research project Contemporary Citizenship: Politics of Inclusion and Exclusion (2000–2003) led by Vlasta Jalušič. The analysis of the case of erased was published in Jasminka Dedić, Vlasta Jalušič, and
Jelka Zorn (eds.), The Erased: Organized Innocence and the Politics of Exclusion, translated from Slovenian by Olga Vuković and Marjana Karer (Ljubljana: Peace Institute, 2003), at . The authors wish to thank the anonymous reviewer for the extensive and most helpful comments.
相似文献
Vlasta Jalušič (Corresponding author)Email: |
Jasminka DedićEmail: |