The Future of International Corporate Human Rights Litigation: A Transatlantic Comparison

2021 ◽  
Vol 58 (3) ◽  
pp. 579-642
Author(s):  
Rachel Chambers ◽  
Gerlinde Berger‐Walliser
Keyword(s):  
Human Rights ◽  
The Future ◽  
Transatlantic Comparison

Fundamental Rights and the Integrity of Union Law

2018 ◽  
Author(s):  
Julio Baquero Cruz
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Fundamental Importance ◽  
The Political ◽  
The Future ◽  
Political Understanding

This chapter analyses another area of Union law that is highly controversial and relevant in structural terms—the protection of fundamental rights. It discusses the scope and standard of the protection offered at Union level, the consequences for national law, and the implications of the future accession of the Union to the European Convention on Human Rights. These issues are of fundamental importance for the integrity of Union law and of wider significance for the political understanding of the Union.

Digital Authoritarianism and the Future of Human Rights

2021 ◽  
pp. 1-27
Author(s):  
Tiberiu Dragu ◽  
Yonatan Lupu
Keyword(s):  
Human Rights ◽  
New Technologies ◽  
Theoretic Model ◽  
Human Rights Abuses ◽  
Human Rights Regime ◽  
Wide Range ◽  
The Future ◽  
Technological Developments ◽  
Game Theoretic ◽  
Strategic Context

Abstract How will advances in digital technology affect the future of human rights and authoritarian rule? Media figures, public intellectuals, and scholars have debated this relationship for decades, with some arguing that new technologies facilitate mobilization against the state and others countering that the same technologies allow authoritarians to strengthen their grip on power. We address this issue by analyzing the first game-theoretic model that accounts for the dual effects of technology within the strategic context of preventive repression. Our game-theoretical analysis suggests that technological developments may not be detrimental to authoritarian control and may, in fact, strengthen authoritarian control by facilitating a wide range of human rights abuses. We show that technological innovation leads to greater levels of abuses to prevent opposition groups from mobilizing and increases the likelihood that authoritarians will succeed in preventing such mobilization. These results have broad implications for the human rights regime, democratization efforts, and the interpretation of recent declines in violent human rights abuses.

scholarly journals The future of the European Union’s accession to the European Convention on Human Rights after Opinion 2/13: is it still possible and is it still desirable?

2015 ◽  
Vol 11 (2) ◽  
pp. 239-273 ◽  
Author(s):  
Tobias Lock
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Eu Accession ◽  
The Future

EU Accession to the European Convention on Human Rights – Hurdles erected by Opinion 2/13 of 18 December 2014 – Analysis of soundness of the ECJ’s reasoning – Discussion of necessary changes to the Draft Accession Agreement – Criticism that not all obstacles can be removed by amending the Draft Agreement – Treaty change may be necessary – Question whether accession is worth it from a human rights perspective under these conditions

The Future of Human Rights: A View from the United Nations

2014 ◽  
Vol 28 (2) ◽  
pp. 239-250 ◽  
Author(s):  
Andrew Gilmour
Keyword(s):  
Human Rights ◽  
United Nations ◽  
The Other ◽  
World Summit ◽  
The World ◽  
The Future ◽  
The United Nations ◽  
Peace And Development ◽  
Made In

Ever since the Charter of the United Nations was signed in 1945, human rights have constituted one of its three pillars, along with peace and development. As noted in a dictum coined during the World Summit of 2005: “There can be no peace without development, no development without peace, and neither without respect for human rights.” But while progress has been made in all three domains, it is with respect to human rights that the organization's performance has experienced some of its greatest shortcomings. Not coincidentally, the human rights pillar receives only a fraction of the resources enjoyed by the other two—a mere 3 percent of the general budget.

International Human Rights, Religious Pluralism and the Future of Chieftaincy in Ghana

Exchange ◽  
2006 ◽  
Vol 35 (4) ◽  
pp. 360-382 ◽  
Author(s):  
Abamfo Atiemo
Keyword(s):  
Human Rights ◽  
Religious Pluralism ◽  
Local Governance ◽  
Religious Commitment ◽  
Nation State ◽  
Nation States ◽  
The Future ◽  
New Nation ◽  
Religious Reasons ◽  
Customary Practices

AbstractA revolutionary development that resulted from Africa's experience of colonialism was the emergence of the nation-state made up of previously separate ethnic states. By the end of the colonial period the rulers of these ethnic states — the chiefs — had lost most of their real political and judicial powers to the political leaders of the new nation-states. But in spite of the loss of effective political power the chiefs continued to wield moral influence over members of their ethnic groups. The limited reach of the nation-state in the post-colonial era has also meant a dependence on the chiefs, in many cases, for aspects of local governance. This, for example, is the case of Ghana. However, in the modern context of religious pluralism the intimate bond between the chiefs and the traditional religion exacerbates tension in situations of conflict between people's loyalty to the traditional state and their religious commitment. In some cases, chiefs invoke customary laws in attempt to enforce sanctions against individuals who refuse to observe certain customary practices for religious reasons. But this has implications for the human rights of citizens. This article discusses the implications of this situation for the future of chieftaincy as well as prospects for the protection of the human rights of citizens who for religious reasons choose to stay away from certain communal customary practices.

Feminism, Modern Philosophy and the Future of Legitimacy of International Constitutionalism

2009 ◽  
Vol 11 (2) ◽  
pp. 219-245
Author(s):  
Ekaterina Yahyaoui Krivenko
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Adequate Understanding ◽  
The Future ◽  
Migrants Rights ◽  
To Come ◽  
International Constitutionalism

AbstractInternational constitutionalism relates to processes of limiting traditionally unrestricted powers of states as ultimate subjects, law-makers and law-enforcers of international law. Human rights occupy a central, but very confusing and confused role in the theorisation of international constitutionalism. If feminist scholars have criticised the inadequacies, shortcomings and gaps of international law of human rights at least since 1991, the doctrine of international law theorising constitutionalisation of international law until now has remained blind to these critiques idealising human rights and often using them as the ultimate legitimating factor. Thus, legitimacy and legality become confused and the distinction between them blurred in the doctrine of international constitutionalism. This in turn creates a danger of failure of the constitutionalists project itself, as it will serve to reinforce existing inadequacies and gaps in human rights protection. To illustrate this argument, I discuss some examples related to the protection of women's and migrants' rights. In order to avoid this dangerous development, I argue that international lawyers theorising international constitutionalism shall adopt an adequate, inclusive notion of legitimacy. In order to develop this adequate understanding of legitimacy, they should first take seriously feminist and other critiques of international human rights law and international law more generally. In the final parts of this article I develop my own more detailed proposals on the future of legitimacy and international constitutionalism. In doing so, I draw on the 'self-correcting learning process' developed in the writings of Jürgen Habermas, 'democracy to come' and more general views on the nature of sovereignty and human rights expressed by Jacques Derrida, as well as Levinasian 'responsibility-to-and-for-the-Other'.

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