Religion as Peoplehood

2020 ◽  
pp. 259-294
Author(s):  
Michael D. McNally
Keyword(s):  
Indigenous Rights ◽  
The United States ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Incremental Development ◽  
Federal Indian Law ◽  
International Human ◽  
Indian Law ◽  
United Nations Declaration

This chapter extends the discussion of “Religion as Peoplehood” beyond the very real limits of federal Indian law. It explores the possibilities and drawbacks of increasing appeals to Indigenous rights under international human rights law. The possibilities of the United Nations Declaration on the Rights of Indigenous Peoples are quite rich, as are its implementation apparatus for protecting Native religions under Indigenous rights. However, without having to define them as such, the approach is slow to grow domestic legal teeth in the United States. Its incremental development as authoritative law can, as this chapter shows, be strengthened by making clearer associations with U.S. religious freedom law.

The radical ideation of peasants, the ‘pseudo-radicalism’ of international human rights law, and the revolutionary lawyer

2020 ◽  
Vol 8 (3) ◽  
pp. 425-456
Author(s):  
Margot E Salomon
Keyword(s):  
Human Rights ◽  
Rural Areas ◽  
Social Transformation ◽  
Unintended Consequences ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Theory Of Law ◽  
United Nations Declaration

Abstract This article questions the use of international human rights law in realising social transformation. It studies the new United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, drawing on the commodity-form theory of law. Through this lens, foregrounding the relationship between capitalism and law and their shared constituent form, the contradiction in what is at times a radical normative project in international human rights law is revealed. With the unintended consequences of human rights lawyering made visible, this work turns to the means through which the advocate can launch a potentially transformative ‘legal’ strategy. An exploration of two seminal modes of reconciliation follows: reconciling the use of international human rights law with a commitment to social transformation and reconciling the post-capitalist politics of progressive lawyers with their use of the law.

scholarly journals REPUTATION AND COMPLIANCE WITH INTERNATIONAL HUMAN RIGHTS LAW: EXPERIMENTAL EVIDENCE FROM THE US AND SOUTH KOREA

2019 ◽  
Vol 19 (2) ◽  
pp. 215-238
Author(s):  
Matthew Dale Kim
Keyword(s):  
Human Rights ◽  
South Korea ◽  
Public Support ◽  
The United States ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Us ◽  
Survey Experiments ◽  
International Human

AbstractPast studies suggest that domestic public support for compliance with international human rights law can constrain governments to comply with human rights law. But the question remains: Why does the public care about compliance? Using a series of survey experiments in South Korea and the United States, this study finds that constituents are concerned about compliance in one issue area—such as human rights—because they believe it will affect the country's reputation in other domains of international law. Cross-national survey experiments demonstrate that past noncompliance negatively affects the South Korean public's second-order beliefs about the likelihood of future compliance across different issue areas. However, past noncompliance has a limited impact on the US public's first-order beliefs across different domains.

American Courts, Global Norms

2019 ◽  
pp. 220-251
Author(s):  
Martin S. Flaherty
Keyword(s):  
Human Rights ◽  
The United States ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Customary International Law ◽  
High Profile ◽  
The Supreme Court ◽  
Heated Area ◽  
International Human

This chapter considers a phenomenon that has consistently been among the most contentious of modern legal controversies—the application by American courts of international human rights. Recent years have witnessed high-profile conflicts over international human rights law. One major battle involves whether, when, and how U.S. courts should recognize rights set out in the nation's treaty obligations. Another heated area of contention has arisen under an act of Congress, the Alien Tort Statute. Perhaps most heated of all have been debates over the use of foreign legal materials, including customary international law, to interpret the Constitution of the United States. In these areas as well, the Supreme Court, and the judiciary generally, has wavered. Yet once more, a fresh appreciation of the principles the Founders entrenched, the subsequent custom that on balance confirms that original vision, and the consequences of the way nations interact in a globalized age—all these imperatives point away from the path that the judiciary appears more and more to be considering, and back to the course first established.

Revisiting the working of patent requirements under Indian patent law

2021 ◽  
Vol 11 (3) ◽  
pp. 386-396
Author(s):  
Pratik Prakash Dixit
Keyword(s):  
Human Rights ◽  
Patent Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Public ◽  
Disclosure Requirements ◽  
Patented Product ◽  
International Human ◽  
Indian Law

This article aims to analyse the working of patent requirements under Indian patent law. A patent working requirement generally entails that the patentee must work or apply the patented product in the patent granting country. This article evaluates the compatibility of the patent working requirement with the TRIPS Agreement from the perspective of international human rights law. A human rights approach suggests that the rights of the patentee must be reconciled with the interests of the general public. In such pursuance, this article argues that there is a need to recalibrate the patent working requirement under the Indian law to strike a right balance between the rights of the patentee and the public interest. Particularly, this article argues that India must modify the present patent working disclosure requirements to ensure that foreign patentees are able to do business in India without bureaucratic hassles.

scholarly journals The "Spanish" Origins of International Human Rights Law: A Historiographical Review

2010 ◽  
Vol 41 (2) ◽  
pp. 235 ◽  
Author(s):  
Richard P Boast
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Las Casas ◽  
Bartolome De Las Casas ◽  
International Human ◽  
Francisco De Vitoria

This article critically reviews the claim that the Spanish jurist-theologians Francisco de Vítoria and Bartolomé de las Casas, and their successors, were pioneers of human rights theory and of the law relating to the rights of indigenous peoples. The article seeks to clarify the literature relating to these claims by dividing it into various categories and analysing each in turn. A principal aim of the article is to convey the sheer diversity and scale of the various competing historiographies and the extent to which they stand in contrast to each other. By way of conclusion, there is a discussion of those parts of the debate which are of greatest relevance and resonance for a jurisdiction such as New Zealand, where questions about the origins and nature of indigenous rights law are not merely a matter of theoretical interest, but also of great practical relevance.

scholarly journals Due Process Is in the Details: U.S. Targeted Economic Sanctions and International Human Rights Law

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 157-162 ◽  
Author(s):  
Elena Chachko
Keyword(s):  
Human Rights ◽  
Due Process ◽  
The United States ◽  
International Standards ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
Wide Range ◽  
International Human

The United States has employed targeted sanctions—economic and travel restrictions imposed directly on natural and legal persons—in a wide range of policy areas in the past two decades. This includes counterterrorism, nonproliferation, and cyber, as well as sanctions regimes aimed at changing the behavior of various governments. A substantial literature has considered the compatibility with international human rights law of the targeted sanctions practices of other actors, particularly the UN Security Council and the European Union. But relatively few scholars have examined U.S. targeted sanctions practices from that perspective. This essay argues that in principle, current U.S. designation practices can be reconciled with international standards. However, a more robust conclusion about the practices’ compatibility with international human rights law would require more information on the application of designation procedures in individual cases.

Progressive Judaism beyond the Shoah

2000 ◽  
Vol 33 (2) ◽  
pp. 139-144 ◽  
Author(s):  
Thomas Buergenthal
Keyword(s):  
International Law ◽  
Academic Discipline ◽  
The United States ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Holocaust Studies ◽  
University Professor ◽  
The Subject ◽  
International Human

Thank you very much for inviting me to participate in this conference. Because the subject of your conference is so very important, I feel I need to begin with a caveat: I am not a Holocaust scholar. As a university professor, I have devoted myself to international law and international human rights law rather than Holocaust studies, which has emerged, at least in the United States, as an academic discipline all of its own.

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