This article examines a number of options for regulating seclusion and restraint in Australia in light of international human rights standards and comparative international approaches. While seclusion and restraint can sometimes be beneficial for the protection of individuals, these practices...

A review of the scope, legality and enforceability This article aims to provide the reader with a critical analysis of the scope, legality and enforceability of The Right to Development the (RTD), more precisely of “the right to a process of development in which all rights and fundamental...

Had someone told you, on September 11, 2001, that the United States would not be able to do whatever it wanted in response to the terrorist attacks of that day, you might well have questioned their sanity. The United States was the most powerful country in the world, and had the world’s...

The author paints with a deliberately broad brush, beginning with a rapid traverse of changing attitudes within the Commonwealth to methods of rights protection. The article then asks why there have been such changes, and discusses, with some reference to the freedom of expression, how those...

This chapter reviews and synthesizes the work of economists and law and economics scholars in the field of public international law. The bulk of that work has been in the area of international trade, but many of the ideas in the trade literature have implications for other subfields. Recent...

Some commentators have recently proclaimed the U.S. Alien Tort Claims Act to be dead. In Nevsun Resources, the Canadian Supreme Court took a seemingly bold step in providing access to justice to victims of human rights abuses against corporate entities, presumably to partly fill this void. This...

Chapter 22 of Marie Breen-Smyth, Ashgate Companion to Political Violence (2012): Within the dominion of counter-terrorism, policy choices can be stark. One must determine in institutional terms whether the response is to be predominantly military or policing and, cutting across that boundary,...

The universalization of human rights norms and the global liberalization of corporate and commercial endeavor are two especially conspicuous players on the globalization stage. Both, to some extent, rely on the notion of the Rule of Law to promote their ends, though they rely on different...

In December 2007 the US Supreme Court heard oral arguments in its latest Guantaacute;namo Bay cases, Boumediene vs. Bush and Al Odah vs. United States. Interestingly, the argumentation offered in this litigation was almost exclusively domestic - international human rights law did not feature in...