Inter-American Elements for a Systemic Approach to State-owned Enterprises' Human Rights Obligations
In: Business and Human Rights Journal, Special Issue: Latin America. Cantú, H. et al (eds).
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In: Business and Human Rights Journal, Special Issue: Latin America. Cantú, H. et al (eds).
SSRN
In this essay, I will consider how law, religion, and democratic pluralism revolve around a particular issue: global migration. I use the term "global migration" to encompass a number of related issues that are often collapsed under the term "immigration." In nations that have constructed their identities around waves of settlers or migrants-places like the United States, Canada, Australia, and New Zealand-immigration involves the formal reception of foreigners into the host country as potential new citizens.' This is just one part of the migration of peoples around the globe. Migration also encompasses emigration, asylum, economic migration, and undocumented or irregular immigration. This larger collection of human movements presents new challenges to democratic nations in a global environment in which most have explicitly committed themselves to certain fundamental, democratic values and human rights norms. Furthermore, these same values relate closely to core notions of Christianity. Catholic social teaching is a tradition within Christianity that emphasizes the dignity of the human person and, as such, complements and supports key liberal values essential to democracy and modem human rights discourse.
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In: in: Toebes et al, 'Global Health Law Disrupted: COVID-19 and the Climate Crisis' (TMC Asser, Preadviezen 2021) 91-128
SSRN
The trade-off between boosting EU member states competitiveness and reducing within-country regional inequalities is important but under investigated relation in competitiveness and regional policy analyses. The article studies the influence of regional inequality in human capital on competitiveness of the EU member states, drawing on a panel dataset of 22 EU countries and its 266 NUTS 2 regions, over the period 2000-2011. Analysis is extended with the variables that can have significant influence on the observed relationship so EU structural and cohesion funds and (development) differences between the EU member states and regions are included. Applying different panel data estimators it is determined that higher regional inequalities in human capital reduce competitiveness of the EU member states. EU structural and cohesion funds payments have positive influence on competitiveness in the long run. EU new member states as well as the EU countries in which most of the regions are classified as less developed regions have lower competitiveness. The conclusions imply that the absorption of EU structural and cohesion funds in less developed regions does not contribute enough to strengthening national competitiveness. The results are also confirming the need to integrate more place-based approach into EU regional and even into national competitiveness policies. With its approach in analysing the influence of regional inequalities this article adds empirically to the existing studies about the ambiguous relation between regional inequalities and competitiveness, while the conclusions can be used in future EU regional policy planning that gives special emphasis on the measures which are directed on developing human capital potential.DOI: http://dx.doi.org/10.5755/j01.ee.26.3.8029
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In: Historical social research: HSR-Retrospective (HSR-Retro) = Historische Sozialforschung, Band 36, Heft 4, S. 64-81
ISSN: 2366-6846
"The line of heterodox economic thinking named 'the economics of conventions' emerged in the 1980s in France. Four among its six founding fathers had a strong background in statistics and were working at INSEE (the French National Institute of Statistics and Economic Research). However, the numerous and fruitful researches in the line of this new paradigm have only slightly used the quantitative methods (above all econometrics) that are widely spread in mainstream economics as well as in other heterodox movements, e.g. the French school of regulation. In order to provide a rationale for this paradox, we are lead to set the development of the economics of conventions within a broader history of economics and social sciences. Indeed, from the 1980s onwards, social sciences have gone through a movement of bifurcation that brought about a deep change in the scientific and political status of quantification. Monitoring this movement leads to address the issue of the relationships between the search for theoretical reflexivity and the social demand for expertise addressed to economics." (author's abstract)
In: International journal of human rights, Band 14, Heft 5, S. 641-658
ISSN: 1364-2987
In: International journal of human rights, Band 3, Heft 1, S. 62-80
ISSN: 1364-2987
In: European journal of risk regulation: EJRR ; at the intersection of global law, science and policy, Band 12, Heft 2, S. 308-320
ISSN: 2190-8249
Israel's vaccination percentage was among the highest recorded worldwide. The Israeli government opted for a model using a proof-of-vaccine document ("Green Pass"). However, the "Green Pass" policy raises practical, legal and ethical concerns. While immunisation passports could be utilised to protect one's health, significant legal difficulties arise from their usage as a vaccination encouragement scheme. Protecting health is a proper purpose, particularly as minimising the pandemic ameliorates the human rights violations that stem from the COVID-19 response, enables individuals to return to their daily lives and enhances economic activity. However, any privileges or restrictions guided by one's COVID-19 immunisation status must be designed with the utmost attention to prevent a disproportionate violation of the human rights of the non-vaccinated and the public at large. Furthermore, as "Green Pass" policies might entrench existing discriminatory structures, ensuring equality is vital in moving forward. By exploring two case studies – labour rights and the right to privacy – we demonstrate the legal and public implications of the "Green Pass" regime. Despite the removal of the "Green Pass" in Israel, discussions continue regarding its modified reimplementation. The wider implications of the model might extend beyond its specific legal arrangements and limited temporal phase, requiring us to bring long-term public health into consideration.
The use of Private Military and Security Companies (PMSCs) in the so-called War on Drugs has considerable implications for the application of international humanitarian law and raises concern about the respect for human rights under anti drug assistance programs. This article will focus, in particular, on the ways in which the lack of state control over PMSC activities poses a major challenge for human rights protections in the short-term—by restricting the application of human rights law—as well as in the long-term—by further undermining state capacity and weakening the rule of law. Using the cases of Colombia and Mexico, this article will illustrate how PMSCs tend to add another dimension of complexity to complicated situations where the application of the rule of law is already uneven, increasing the risk of human rights violations and impunity.
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In: Cuestiones Políticas, Band 39, Heft 70, S. 465-484
ISSN: 2542-3185
Judicial practice shows that the request of all lawyers is not answered, so the study of the role of the application is relevant. The objective of the research was to carry out a theoretical and legal analysis of the role of the lawyer's request in the field of the defense of human rights due to the peculiarities of its normative support as a means of legal communication. The following methods were used: direct observation; comparison method; analysis of the content of the documents governing the procedure for giving and receiving a response to a lawyer's request. Documents and normative-legal programs that regulate the order and peculiarities of the legal work of lawyers and their requests were identified. The article also examines the legal practice of using applications and analyzes the activity of lawyers to ensure the role of the application as an effective means of legal communication. It was found that, in Ukraine, the application practice itself remains an ineffective means of legal communication. However, the attorney does not always collect the information and documents necessary for the defense in due time.
Introduction -- Saint Thomas : putting nature into natural law -- Maritain and the love for the natural law -- The new natural law and evolutionary natural law -- International human rights, natural law, and Locke -- Conclusion : evil and the limits of the natural law
In: New York University journal of international law & politics, Band 44, Heft 2, S. 447-484
ISSN: 0028-7873
"The Universal Periodic Review (UPR) is a peer-review mechanism, reviewing all 193 UN Member States' protection and promotion of human rights. After 10 years of the existence of the UPR mechanisms, this collection examines the effectiveness of the UPR, theoretical and conceptual debates about its modus operandi, and the lessons that can be drawn across different regions/states to identify possible improvements. The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation. Divided into three parts, the first focuses on exploring a variety of theoretical approaches to understanding the UPR mechanism. The second part examines specific human rights themes and the relationship between the UPR mechanism and other international mechanisms. Finally, Part III questions implementation and the ways in which states/regional groupings have engaged with the UPR mechanism and what lessons can be learned for the future. The volume will be a valuable resource for researchers, academics and policy-makers working in the area of International Human Rights law, International Organizations and International Relations"--