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...

Human rights are universally recognized. Their enforcement, however, often requires the action of particular states. This paper examines private law remedies in tort in several Member states of the European Union to remedy human rights violations occurring outside the European Union. It...

Recent fMRI studies have generated a great deal of excitement about the potential for neuroimaging technologies to support the U.S. counterterrorism mission post-9/11 and, in particular, to assist with the interrogation of suspected terrorists. Advocates of the technology claim that fMRI could...

It is frequently said that the United States has a paradoxical human rights policy. This Article takes a closer look at this vision from the perspective of U.S. engagement with international human rights treaty bodies, the quasi-adjudicatory expert committees or commissions that exercise...

The author focuses on the notion of positive discrimination in the jurisprudence of the European Court of Human Rights. A positive discrimination means in essence temporarily “abandoning” the equality principle, precisely in order to reestablish the equality of chances for certain...

Considering a wide variety of international instruments and literature, this article will attempt to provide a comprehensive and consistent definition of the human right to development and its relationship to the human right to health and intellectual property. This article will also provide an...

The article reviews trends in international non-binding standards:1) the equalisation of indigenous peoples and local communities as rights-holders;2) the strength and weakness of the safeguards approach in the context of redd+;3) the wide definition of who constitutes stakeholders; and 4) the...

Norway’s policies regarding Sámi and most national minorities in an historic perspective can be characterized as forced assimilation; except for Jews and Roma, where the historic policy can be termed exclusion. The Norwegian Truth and Reconciliation Commission (TRC) is intended to be a...

Corporate Social Responsibility (CSR) has become a fixture on the agendas of corporate boards in much the same way as environmental issues did a decade or so ago. To what extent social responsibilities should be made legally enforceable remains a matter of some fierce debate. There are already...