The Prosecution of Human Rights Violations
In: Annual Review of Political Science, Band 13, S. 165-182
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In: Annual Review of Political Science, Band 13, S. 165-182
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In: Brill Book Archive Part 1, ISBN: 9789004472495
In: International Studies in Human Rights 63
This volume maps out the response of states to human rights violations. It covers the period 1946-1999 and offers a complete and unmatched record for this period. Its starting point is that such responses are not established and accepted state practice. Traditional, if unwritten, norms of states' behaviour developed through centuries of silence and inaction; the prevalent reaction to human rights violations by another state remains the absence of any response. Furthermore, this book probes into evidence of active and passive complicity by reviewing aid to countries in which violations have been taking place and diplomatic initiatives undertaken to shield violators from public opprobrium. Since international law is generated through state practice, the book highlights the ongoing tussle between the pre-1946 heritage of silence and inaction and the 1946-1999 haphazard pattern of responses to violations
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Working paper
In: Africa today, Band 48, Heft 3, S. 168
ISSN: 0001-9887
In: 21(20 Human Rights Brief 2 (2014).
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In: Annual Review of Law and Social Science, Band 12, S. 63-84
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In: Routledge research in human rights law
"Despite the continuous addition of regulatory initiatives concerning corporate human rights responsibilities, what we witness more often than not is a situation of corporate impunity for human rights abuses. The Bhopal gas leak - examined as a site of human rights violations rather than as a mass tort or an environmental tragedy - illustrates that the regulatory challenges that the victims experienced in 1984 have not been overcome so far. This book grapples with and offers solutions to three major regulatory challenges to obligating companies to comply with human rights norms whilst doing business, and asks; why companies should adhere to human rights, what these responsibilities are, and how to ensure that companies comply with their responsibilities. Building on literature in the fields of law, human rights, business ethics, management, regulation and philosophy, this book proposes a new 'integrated theory of regulation' to overcome inadequacies of the existing regulatory framework that seeks to humanize business"--
In: South Asian Journal of Law and Human rights, SAJLHR,Volume 3 ISSN: 2518-6159
SSRN
In: International studies perspectives: ISP, Band 21, Heft 2, S. 172-197
ISSN: 1528-3585
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.
World Affairs Online
In: REGULATING CORPORATE HUMAN RIGHTS VIOLATIONS: HUMANIZING BUSINESS, London; New York: Routledge, 2012, ISBN 978-0-415-66821-7
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In: Background information 1986,1
Adopting a historical perspective this book reconstructs a contemporary sociology of human rights and examines ways of resolving Turkey's human rights issues, Sociological theory has veered between an insistence on understanding human rights as a genuine universal morality and far more cynical portrayals of human rights as a veil of bourgeois capitalist enterprise. This book criticizes, adapts and combines seemingly disparate elements of contemporary sociological theory within a new approach to human rights. The practicality of the approach is clearly demonstrated in its application to one of the most important, complex and vexing locations of human rights violation in the world: modern Turkey. While sociological analyses of Turkey have largely been limited to local perspectives on individual issues of human rights violation, this book expands sociological understanding of the broad swath of Turkey's human rights violations into a new global perspective of hope and resolution
In: International studies perspectives: ISP, Band 21, Heft 2, S. 172-197
ISSN: 1528-3585
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.