Indirect Accountability for Extraterritorial Human Rights Violations

2019 ◽  
Vol 21 (2) ◽  
pp. 172-197
Author(s):  
Monika Heupel
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
International Organizations ◽  
Due Process ◽  
The United States ◽  
United Nations Security Council ◽  
Third Party ◽  
Human Rights Violations ◽  
First Case

Abstract This article examines how states and international organizations can be held to account for extraterritorial human rights violations. I develop and investigate the potential of what I call an “indirect accountability” mechanism. In indirect accountability relationships, accountability fora do not directly hold states and international organizations that commit extraterritorial human rights violations to account as these are frequently immune to direct accountability claims. Instead, they hold them to account indirectly by addressing accountability claims to an implicated third party, expecting that the third party will upload the accountability claims to the state or international organization. After conceptualizing the mechanism and its scope conditions, I conduct two brief qualitative case studies using the method of deductive process tracing to explore the potential of the mechanism. The first case study traces efforts to indirectly hold the United States to account for violating foreigners’ privacy rights in the context of mass surveillance. The second case study traces attempts to indirectly hold the United Nations Security Council to account for violating the due process rights of blacklisted terror suspects. Both case studies provide support for the mechanism.

Beyond UN Accountability for Human Rights Violations

2019 ◽  
Vol 16 (1) ◽  
pp. 68-104
Author(s):  
Frédéric Mégret
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Organizations ◽  
Third Party ◽  
Human Rights Violations ◽  
Peace Operations ◽  
State Dependency ◽  
Host State ◽  
The United Nations

The overarching focus on the United Nations and its agents for human rights violations and abuses they may have committed, as well as the attention to troop contributing states and even ‘victims’, has broadly shifted attention away from the role of the host state in peace operation. This article seeks to unpack that omission and suggests that it is far more problematic than commonly thought, in particular because it tends to reproduce some of the problematic features of the political economy of peacekeeping that are the background of rights abuses in the first place. Instead, as part of a tradition of thinking of human rights in terms of sovereign protection, the article makes the case for taking much more seriously the role that the host state can and should have in order to address abuses by international organizations. It emphasises how international legal discourse has tended to ‘give up’ on the host state, but also how host states have themselves been problematically quiescent about violations occurring on their territory. This has forced victims to take the improbable route of seeking to hold the UN accountable directly, bereft of the sort of legal and political mediation which one would normally expect their sovereign to provide. The article contributes some thoughts as to why host states have not taken up their citizens’ cause more forcefully with the United Nations, including governmental weakness, a domestic culture of rights neglect, but also host state dependency on peace operations. The article then suggests some leads to rethink the role of the host state in such circumstances. It points out relevant avenues under international law as well as specifically under international human rights law, drawing on the literature developed to theorise the responsibilities of states in relation to private third-party non-state actors within their jurisdiction. It argues that there is no reason why the arguments developed with private actors, notably corporations, in mind could not be applied to public actors such as the UN. Finally, the article suggests some concrete ways in which the host state could more vigorously take up the cause of rights abuses against international organizations including by requiring the setting up of standing claims commissions or making more use of its consent to peace operations, as well as ways in which it could be forced to do so through domestic law recourses. The article concludes by suggesting that reinstating the host state within what should be its natural prerogatives will not only be a better way of dealing with UN abuses, but also more conducive to the goals of peacekeeping and state construction.

scholarly journals Gender, Violence, and Trauma in Immigration Detention in the United States

Social Work ◽  
2020 ◽  
Author(s):  
Laurie Cook Heffron
Keyword(s):  
United States ◽  
Human Rights ◽  
Due Process ◽  
The United States ◽  
Economic Security ◽  
Human Rights Violations ◽  
Immigration Detention ◽  
The Us ◽  
The Impact ◽  
Detention Facilities

While international law protects the rights of individuals to seek asylum and to be treated humanely and with dignity, immigration detention, the practice of confining individuals accused of violating immigration law, has surfaced as a growing response to the large numbers of individuals and families on the move throughout the world in search of freedom, safety, and economic security. Detention has long been used as a strategy for enforcement of immigration laws across the globe, and has also been used as a tactic to dissuade and control future migration. The detention of immigrants consistently presents concerns about and allegations of civil and human rights violations and negative bio-psycho-social impacts on those detained. Given the contemporary expansion of the immigration detention system in the United States, this bibliography will focus primarily on the context of immigration detention within the United States. This bibliography includes selected scholarly resources from the social sciences, health, and legal fields to present an overview of immigration detention, the impact on survivors of violence and trauma, and detention alternatives. While the Global Detention Project and other nonprofit organizations aim to track the scope of immigration detention worldwide, numbers of individuals detained, as well as the number and location of detention facilities, immigration detention remain difficult to track. In the United States, the average daily population of immigration detention facilities in the United States had increased from 6,785 in 1994 to more than 38,000 in 2017. That number has risen to closer to 50,000 in recent years and manifests across a wide variety of facilities, including temporary and long-term holding facilities operated by a host of federal, state, local, and private for-profit entities. The US government has broad, though not absolute, power over immigration and immigration detention. Authorization of the detention of immigrants dates back to 1798 with the Alien Enemies Act, which allowed for the detention of immigrants from “hostile” countries during times of war. As of 1875, another series of laws expanded the framework of detention, in particular pertaining to the incarceration of individuals with criminal convictions. Further changes were made in 1952 with the Immigration and Nationality Act, then more drastically in the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, which served to begin a decades-long expansion of the US immigration detention system. This expansion has also led to numerous allegations of civil and human rights violations related to due process, exploitative labor practices, sexual and physical abuse, and inadequate medical care, as well as growing concern about the impact of immigration detention on survivors of violence and trauma, particularly children, women, and LGBTQ communities. The author would like to acknowledge the significant contributions of Jessenia Herzberg in researching and reviewing literature on immigration detention.

American and Canadian Civil Actions Alleging Human Rights Violations Abroad by Oil and Gas Companies

2008 ◽  
Vol 45 (3) ◽  
pp. 653 ◽  
Author(s):  
Jonathan Horlick ◽  
Joe Cyr ◽  
Scott Reynolds ◽  
Andrew Behrman
Keyword(s):  
Human Rights ◽  
Oil And Gas ◽  
The United States ◽  
Human Rights Violations ◽  
Law Of Nations ◽  
Forum Non Conveniens ◽  
The Government ◽  
Oil And Gas Companies ◽  
Political Question ◽  
The U.S

Under the United States Alien Tort Statute, which permits non-U.S. citizens to bring lawsuits in U.S. courts for human rights violations that are violations of the law of nations, plaintiffs have filed claims against multinational oil and gas corporations for the direct or complicit commission of such violations carried out by the government of the country in which the corporation operated. In addition to exercising jurisdiction over U.S. corporations, U.S. courts have exercised jurisdiction in cases involving non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside the U.S.The exercise of jurisdiction by U.S. courts over non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside of the U.S. raises serious questions as to the jurisdictional foundation on which the power of U.S. courts to adjudicate them rests. Defences that foreign defendants can raise against the exercise of jurisdiction by the U.S. courts are an objection to the extraterritorial assertion of jurisdiction, the act of state doctrine, the political question doctrine, forum non conveniens, and the principle of comity. These defences are bolstered by the support of the defendant’s home government and other governments.

THE USE OF CASE STUDY METHOD IN TEACHING THE TERMINOLOGY IN THE FIELD OF AGRICULTURAL MACHINERY

2019 ◽  
pp. 123-130
Keyword(s):  
Case Studies ◽  
High Performance ◽  
Mechanical Engineering ◽  
The United States ◽  
Machine Building ◽  
Soil Tillage ◽  
Case Study Method ◽  
Agricultural Machine ◽  
Manufacturing Machine

The scientific research works concerning the field of mechanical engineering such as, manufacturing machine slate, soil tillage, sowing and harvesting based on the requirements for the implementation of agrotechnical measures for the cultivation of plants in its transportation, through the development of mastering new types of high-performance and energy-saving machines in manufacturing machine slate, creation of multifunctional machines, allowing simultaneous soil cultivation, by means of several planting operations, integration of agricultural machine designs are taken into account in manufacturing of the local universal tractor designed basing on high ergonomic indicators. For this reason, this article explores the use of case studies in teaching agricultural terminology by means analyzing the researches in machine building. Case study method was firstly used in 1870 in Harvard University of Law School in the United States. Also in the article, we give the examples of agricultural machine-building terms, teaching terminology and case methods, case study process and case studies method itself. The research works in the field of mechanical engineering and the use of case studies in teaching terminology have also been analyzed. In addition, the requirements for the development of case study tasks are given in their practical didactic nature. We also give case study models that allow us analyzing and evaluating students' activities.

Accountability in Global Governance

2020 ◽  
Author(s):  
Gisela Hirschmann
Keyword(s):  
Human Rights ◽  
Global Governance ◽  
International Organizations ◽  
Third Parties ◽  
Human Rights Violations ◽  
The European Union ◽  
Economic Rights ◽  
The Right ◽  
Austerity Policy ◽  
Comprehensive Study

How can international organizations (IOs) like the United Nations (UN) and their implementing partners be held accountable if their actions and policies violate fundamental human rights? Political scientists and legal scholars have shed a much-needed light on the limits of traditional accountability when it comes to complex global governance. However, conventional studies on IO accountability fail to systematically analyze a related, puzzling empirical trend: human rights violations that occur in the context of global governance do not go unnoticed altogether; they are investigated and sanctioned by independent third parties. This book puts forward the concept of pluralist accountability, whereby third parties hold IOs and their implementing partners accountable for human rights violations. We can expect pluralist accountability to evolve if a competitive environment stimulates third parties to enact accountability and if the implementing actors are vulnerable to human rights demands. Based on a comprehensive study of UN-mandated operations in Afghanistan, Bosnia, and Kosovo, the European Union Troika’s austerity policy, and global public–private health partnerships in India, this book demonstrates how competition and human rights vulnerability shape the evolution of pluralist accountability in response to diverse human rights violations, such as human trafficking, the violation of the rights of detainees, economic rights, and the right to consent in clinical trials. While highlighting the importance of studying alternative accountability mechanisms, this book also argues that pluralist accountability should not be regarded as a panacea for IOs’ legitimacy problems, as it is often less legalized and might cause multiple accountability disorder.

Investigating the potential of redundant manipulators in narrow channels

2020 ◽  
pp. 095440622096451
Author(s):  
Ashish Singla ◽  
Jyotindra Narayan ◽  
Himanshu Arora
Keyword(s):  
Case Studies ◽  
Fuzzy Inference ◽  
Redundant Manipulators ◽  
Redundancy Resolution ◽  
Inference System ◽  
Narrow Channels ◽  
First Case ◽  
Task Priority ◽  
Patient Side

In this paper, an attempt has been made to investigate the potential of redundant manipulators, while tracking trajectories in narrow channels. The behavior of redundant manipulators is important in many challenging applications like under-water welding in narrow tanks, checking the blockage in sewerage pipes, performing a laparoscopy operation etc. To demonstrate this snake-like behavior, redundancy resolution scheme is utilized using two different approaches. The first approach is based on the concept of task priority, where a given task is split and prioritize into several subtasks like singularity avoidance, obstacle avoidance, torque minimization, and position preference over orientation etc. The second approach is based on Adaptive Neuro Fuzzy Inference System (ANFIS), where the training is provided through given datasets and the results are back-propagated using augmentation of neural networks with fuzzy logics. Three case studies are considered in this work to demonstrate the redundancy resolution of serial manipulators. The first case study of 3-link manipulator is attempted with both the approaches, where the objective is to track the desired trajectory while avoiding multiple obstacles. The second case study of 7-link manipulator, tracking trajectory in a narrow channel, is investigated using the concept of task priority. The realistic application of minimum-invasive surgery (MIS) based trajectory tracking is considered as the third case study, which is attempted using ANFIS approach. The 5-link spatial redundant manipulator, also known as a patient-side manipulator being developed at CSIR-CSIO, Chandigarh is used to track the desired surgical cuts. Through the three case studies, it is well demonstrated that both the approaches are giving satisfactory results.

scholarly journals Systemic Design: Two Canadian Case Studies

2014 ◽  
Vol 7 (3) ◽  
Author(s):  
Alex Ryan ◽  
Mark Leung
Keyword(s):  
Resource Management ◽  
Case Studies ◽  
Systems Thinking ◽  
Management System ◽  
Design Thinking ◽  
Clean Energy ◽  
Resource Management System ◽  
First Case ◽  
Systemic Design

This paper introduces two novel applications of systemic design to facilitate a comparison of alternative methodologies that integrate systems thinking and design. In the first case study, systemic design helped the Procurement Department at the University of Toronto re-envision how public policy is implemented and how value is created in the broader university purchasing ecosystem. This resulted in an estimated $1.5 million in savings in the first year, and a rise in user retention rates from 40% to 99%. In the second case study, systemic design helped the clean energy and natural resources group within the Government of Alberta to design a more efficient and effective resource management system and shift the way that natural resource departments work together. This resulted in the formation of a standing systemic design team and contributed to the creation of an integrated resource management system. A comparative analysis of the two projects identifies a shared set of core principles for systemic design as well as areas of differentiation that reveal potential for learning across methodologies. Together, these case studies demonstrate the complementarity of systems thinking and design thinking, and show how they may be integrated to guide positive change within complex sociotechnical systems.

scholarly journals Using Model Performance to Assess the Representativeness of Data for Model Development and Calibration in Financial Institutions

Risks ◽  
2021 ◽  
Vol 9 (11) ◽  
pp. 204
Author(s):  
Chamay Kruger ◽  
Willem Daniel Schutte ◽  
Tanja Verster
Keyword(s):  
Case Studies ◽  
Model Development ◽  
Model Performance ◽  
Data Set ◽  
Pooled Data ◽  
External Data ◽  
First Case ◽  
Multivariate Prediction ◽  
Credit Data

This paper proposes a methodology that utilises model performance as a metric to assess the representativeness of external or pooled data when it is used by banks in regulatory model development and calibration. There is currently no formal methodology to assess representativeness. The paper provides a review of existing regulatory literature on the requirements of assessing representativeness and emphasises that both qualitative and quantitative aspects need to be considered. We present a novel methodology and apply it to two case studies. We compared our methodology with the Multivariate Prediction Accuracy Index. The first case study investigates whether a pooled data source from Global Credit Data (GCD) is representative when considering the enrichment of internal data with pooled data in the development of a regulatory loss given default (LGD) model. The second case study differs from the first by illustrating which other countries in the pooled data set could be representative when enriching internal data during the development of a LGD model. Using these case studies as examples, our proposed methodology provides users with a generalised framework to identify subsets of the external data that are representative of their Country’s or bank’s data, making the results general and universally applicable.

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