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This is a pre-publication draft of my contribution to a symposium in the Emory Law Journal honoring the extraordinary scholarly career of Michael J. Perry. In it I address some of the difficulties presenting themselves in contemporary literature on human rights. It is widely acknowledged that...
Persistent link: https://www.econbiz.de/10013289849
The article deals with the question of whether and why corporations are human rights subjects by analysing the different approaches of regional economic courts and regional human rights courts. For some of these courts, protecting corporate human rights is the natural response to the key role...
Persistent link: https://www.econbiz.de/10013292877
In the present report, the UN Independent Expert on human rights and the environment gives his findings and makes recommendations on the basis of his visit to the Republic of Costa Rica from 28 July to 1 August 2013. During the visit, he examined how the country was implementing human rights...
Persistent link: https://www.econbiz.de/10013032169
Persistent link: https://www.econbiz.de/10013034482
International human rights law has traditionally focused on the obligations of states in fulfilling human rights — including the fulfilment of economic and social rights — through the provision of social services. This article asks how that state-focused approach fits in a world where social...
Persistent link: https://www.econbiz.de/10013034826
Are economic, social and social, and cultural rights actually taken into account when arbitration or adjudicating bodies (panels or tribunals) seek to solve disputes arising under international economic law (IEL)? The term ‘human rights' is seldom applied in the substantive provisions of trade...
Persistent link: https://www.econbiz.de/10013034944
The absence of articulations of public goods (beyond investment protection) in most international investment treaties has led to calls for these treaties to be interpreted by reference to other areas of international law, such as international human rights law. Relying upon Article 31(3)(c) of...
Persistent link: https://www.econbiz.de/10013035451
This case study identifies the key human rights obligations (based on the International covenant on Economic Social and Cultural Rights, ICESCR) that are relevant to any analysis of funding for mental health services as an aspect of the realization of the right to health. It discusses these...
Persistent link: https://www.econbiz.de/10013036792
This short paper explores the implications of international standards for European migration law, in particular the application of the Dublin II Regulation and the operation of Frontex. It discusses the facts and judgments in the 2011 and 2012 European Court of Human Rights decisions Belgium and...
Persistent link: https://www.econbiz.de/10013036800
In this paper, I propose a hybrid constructivist-rationalist theory of compliance with the judgments of the European Court of Human Rights (ECtHR) and investigate its validity both quantitatively and qualitatively, based on a comprehensive database on the compliance status of all ECtHR judgments...
Persistent link: https://www.econbiz.de/10013037236