The Liebman Board: The NLRA, at Its Heart a Human Rights Law

2017 ◽  
Author(s):  
James A. Gross
Keyword(s):  
Human Rights ◽  
Private Sector ◽  
Representation Election ◽  
Human Rights Law ◽  
Election Process ◽  
Rule Making ◽  
Case Decisions

This chapter emphasizes Chairman Liebman’s Board’s efforts to bring the statute’s workers’ rights emphasis back to life through case decisions, fuller use of the NLRB’s remedy power, and rule-making that would have required most private sector employers to post a notice at the workplace informing workers of their rights under the Act and would have streamlined the NLRB’s representation election process by eliminating unnecessary delays.

Systematic Government Access to Private-Sector Data

2017 ◽  
Author(s):  
Ira S. Rubinstein ◽  
Gregory T. Nojeim ◽  
Ronald D. Lee
Keyword(s):  
Human Rights ◽  
Private Sector ◽  
Criminal Investigation ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Government Surveillance ◽  
Access To Data ◽  
Descriptive Framework ◽  
Practical Level ◽  
Sector Data

There has been an increase worldwide in government demands for data held by the private sector. In most countries studied, the publicly accessible law provides an inadequate foundation for systematic access, both from a human rights perspective and at a practical level. Transparency about systematic access remains weak. Access for national security purposes is more sparingly regulated than is access for criminal investigation purposes. Relying on the country reports prepared for this project, this chapter develops both a descriptive framework for comparing national laws on surveillance and government access to data held by the private sector, and a normative framework based on factors derived from constitutional and human rights law. A robust, global debate is needed on the standards for government surveillance, premised on greater transparency about current practices. International human rights law provides a useful framework for that debate.

The Application of Human Rights Law to Private Sector Complicity in Governmental Corruption

2011 ◽  
Vol 24 (3) ◽  
pp. 715-740 ◽  
Author(s):  
CECILY ROSE
Keyword(s):  
Human Rights ◽  
Private Sector ◽  
Multinational Corporations ◽  
Social Services ◽  
Human Rights Violations ◽  
Social Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Public Revenues

AbstractThis article examines private sector complicity in governmental corruption that violates economic and social rights. Although banks and multinational corporations typically play critical roles in facilitating the diversion of public revenues away from the provision of social services, the link between the private sector, corruption, and human rights violations remains underexplored. This article therefore examines this relationship and explores the viability of a standard for assessing the complicity of the private sector in such violations of economic and social rights. Ultimately, the state-centred nature of the international human rights system limits the utility of any complicity standard for non-state actors.

scholarly journals Peacekeeping, Private Security and International Human Rights Law

2014 ◽  
Vol 16 (4) ◽  
pp. 443-460 ◽  
Author(s):  
Nigel D. White
Keyword(s):  
Human Rights ◽  
Private Sector ◽  
International Law ◽  
Private Security ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Laws ◽  
International Human ◽  
And Control

The un is used to ‘outsourcing’ or ‘contracting out’ its peacekeeping functions but, traditionally, this has been to states willing to contribute troops to an operation under overall un command and control. This model itself has created tensions between contributing states and the un. Given these conditions, and the fact that international law is traditionally seen as primarily applicable to states, it seems even more legally problematic that the un has, in recent years, started to outsource certain peacekeeping functions to the private sector. Inevitably, issues of applicable international laws, lines of responsibility and mechanisms for accountability, are less clear. In recent years the un has addressed this new practice by adopting a series of guidelines and polices on armed security contractors. The aim of this paper is to analyse these current un policies in the light of their compatibility with international law, particularly international human rights law.

Injecting Law into Politics and Politics into Law: Legislative and Judicial Perspectives on Constitutional Human Rights

2005 ◽  
Vol 34 (2) ◽  
pp. 103-127 ◽  
Author(s):  
David Feldman
Keyword(s):  
Human Rights ◽  
Positive Impact ◽  
Legislative Process ◽  
Constitutional Rights ◽  
Human Rights Law ◽  
Select Committee ◽  
Political Actions ◽  
Rule Making ◽  
Rights Issues ◽  
Do So

Law, unlike political theory, is capable of providing minimum standards for objective assessments of the rightness and wrongness of political actions. Constitutional rights can affect the rule-making process in Parliament by influencing legislators and the executive, as well as judges, with specific ideas of right and wrong. The Parliamentary Joint Select Committee on Human Rights (JCHR) has provided a means of injecting such ideas into the legislative process, allowing Parliament to address human rights issues and forcing the executive to do so. The article analyses the ways in which human rights law has been allowed to affect law-making. It then considers whether the need for judges to enforce human rights has led judges to undertake activities that are more political than previously. To this end the article examines the techniques of self-discipline developed to ensure that the judiciary stays within its constitutional authority, illustrates how the proper relationship between judges, Parliament and the executive depends on context, and explores the effect of these developments on possible criteria for judicial legitimacy, including accountability and representativeness. It concludes that the interplay of human rights law and political judgment has had a positive impact, helping to open up and structure legislation and policy-making.

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