Conference proceeding of the American Society of International Law. This panel was convened at 10:45 a.m., Friday, March 27, by its moderator, Penelope Simons of the University of Ottawa, who introduced the panelists: John G. Ruggie of Harvard's Kennedy School of Government and Special...

Foreign shareholders can avail themselves of legal protection under three different legal regimes: diplomatic protection, international investment law and international human rights law. Adopting a historic and comparative approach, this article tracks the faded role of diplomatic protection for...

Over the last few decades, advances in transportation and production technology, in conjunction with economic globalization and the emergence of multinational corporations, have consolidated fragmented production processes into long and complex supply chains across jurisdictions. While there are...

This is the tenth in a series of sixteen papers about the U.S extraterritorial tax system.The U.S. extraterritorial tax system violates multiple provisions of international human rights instruments that have been signed, or signed and ratified, by the United States. The rights in question...

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...

This article examines the treatment in the EU of trade secrets, which are not recognized in many EU Member States as intellectual property. The authors analyze the EU’s obligations under international treaties (notably TRIPS) and under European law (notably the EU Charter of Fundamental Rights...

Between 2005 and 2011, there was much debate within Canada and at the United Nations over what role home states should play in the regulation and adjudications of human rights harms associated with transnational corporate conduct. In Canada, this debate focused upon concerns associated with...