This chapter seeks to distinguish between intellectual property rights the existing legal mechanisms for intellectual property protection – and the right to intellectual property. The right to intellectual property is a human right. Intellectual property rights, instrumental in nature and...

Research examining whether the laws of war change state behavior has produced conflicting results, and limitations of observational studies have stalled progress on the topic. To bring new evidence to the debate, I have conducted a survey experiment that directly tests whether one mechanism...

The standard account of corporate human rights accountability assumes that corporate entities, rather than individual corporate officers or employees, are the optimal targets of regulatory litigation. This assumption has led human rights advocates to despair over recent court decisions that make...

This article supports a new theoretical approach to the utilization of human rights treaties in refugee status adjudications in domestic courts. The existing literature on treaty effectiveness is divided between several optimistic and pessimistic perspectives, none of which adequately predict...

The present research looks into the inter-state and quasi-inter-state cases examined by the European Court of Human Rights (“the Court”) linking them with the context of Ukrainian conflict in Crimea and its Eastern part. It puts emphasis on the challenges that the Court has met in its...

Tax scholarship typically presumes the state’s power to tax and therefore rarely concerns itself with analyzing which relationships between a government and a potential taxpayer normatively justify taxation, and which do not. This paper presents the case for undertaking such an analysis as a...

Sovereigns have a long history of defaulting on their debts. Despite the bitter lessons learned through this history, the international community has not yet developed an effective method for dealing with these events. As a result, each sovereign’s debt restructuring process is likely to be...

In this chapter, we offer the social capabilities based approach to women's rights as human rights. We begin with the standard approach and discuss the universal human rights model before developing the social capabilities approach followed throughout the rest of this chapter. In this chapter,...

This article argues that although the Rome Statute drafters excised express reference to the search and seizure right to privacy from the ICC treaty and collateral instruments, the right survives, and remains implicit therein

Current domestic and international law relating to immigration tends to favor law enforcement over human rights approaches. Despite these tendencies, international law has helped develop a human rights framework applicable to migrants. In particular, this paper hypothesizes that international...