Do vulnerable individuals have real human rights? At the supranational level of the European Convention of Human Rights the question of the rights of individuals is inextricably linked to the corollary question of the state's obligations. General principles determining positive obligations of...

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...

In social justice advocacy in the United States today, activists often use international human rights rhetoric, methods, standards, and institutions. What are the scope, purposes, and effects of this strategy? Is this something new? If so, how and when did this trend begin? This paper discusses...

Global warming may well be the most profound moral issue ever to face the human species. Profound moral issues demand a profound response from law, and as we enter the twenty-first century, human rights is (at least at a rhetorical level) the law's best response to profound, unthinkable,...

The article addresses the vexing problem of holding corporations liable for assisting in the sovereign abuse of human rights. Currently domestic human rights litigation against corporations appears to be a proxy fight in which the accomplice is pursued while the principal evades punishment....

In recent years, a number of international and cross-sectoral initiatives have attempted to respond to the human rights impacts of corporations. Foremost among these is the United Nations’ 2008 “Protect, Respect, and Remedy” Framework and its Guiding Principles on Business and Human...

Since the nexus between the regimes of human rights and international trade has been established, most of the views expressed on this subject are at extreme variance. On one side you have scholars who argue that the nexus between international trade and human rights is a positive one, and on the...

Recent literature suggests that new democracies are more likely than advanced liberal democracies to make binding commitments to international human rights institutions. Are new democracies also better at following through on these commitments? Put differently: does their greater willingness to...