Suchergebnisse

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.

When 250 workers die in a fire at a Pakistani factory producing jeans for a German discount chain, when the work day lasts 12 hours in Cambodia's garment industry or when workers commit suicide in Chinese factories producing electronics for international brands, should only the corporations in Pakistan, Cambodia and China be held liable? What about the liability of their parent and subcontracting companies abroad? The United Nations increasingly recommends that states ensure that enterprises domiciled in their territory respect human rights throughout their extraterritorial operations. Furthermore, the United Nations and the Organisation for Economic Co-operation and Development recommend that parent and subcontracting companies conduct human rights due diligence. Both developments are reflected in General Comment 23, which was recently adopted by the Committee on Economic, Social and Cultural Rights and relates to the right to just conditions of work. To date, however, there is no domestic law that specifically addresses the liability of parent or subcontracting companies for violations of the right to just working conditions of employees of foreign subsidiaries or suppliers. Although case law is emerging, much uncertainty remains about criteria establishing such liability. France and Switzerland are discussing legislative steps for clarifying corporate liability beyond disclosure requirements to ensure compliance with international recommendations.

"Advancing a bold theory of the relevance of tort law in the fight against human rights abuses, celebrated US law professor George Fletcher here challenges the community of international lawyers to think again about how they can use the Alien Tort Statute. Beginning with an historical analysis Fletcher shows how tort and criminal law originally evolved to deal with similar problems, how tort came to be seen as primarily concerned with negligence and how the Alien Tort Statute has helped establish the importance of tort law in international cases. In a series of cases starting with Filartiga and culminating most recently in Sosa, Fletcher shows how torture cases led to the reawakening of the Alien Tort Statute, changing US law and giving legal practitioners a tool with which to assist victims of torture and other extreme human rights abuses. This leads to an examination of Agent Orange and the possible commission of war crimes in the course of its utilisation, and the theory of liability for aiding and abetting the US military and other military forces when they commit war crimes. The book concludes by looking at the cutting-edge cases in this area, particularly those involving liability for funding terrorism, and the remedies available, particularly the potential offered by the compensation chamber in the International Criminal Court."--Bloomsbury Publishing

The book is a comprehensive study on human rights in Kashmir in relation to the dynamics of Indo-Pakistani policies, providing a structured and interdisciplinary approach to the subject. Whilst surveying some of the most appalling case studies of human rights abuses, the book offers a methodical analysis of the structural and structured human rights violations in the divided Kashmir and placing them in a much broader context of South Asian politics. The book examines root causes responsible for a human rights violations-prone environment and climate of impunity in which the actors perpetrate their crimes unpunished, unwrapping legal and extra-legal nexus behind the crimes. Human Rights Violations in Kashmir will appeal to students and scholars of peace and conflict studies, international relations, human rights studies, and South Asian studies.

Reparations for human rights violations in the form of rehabilitation can include social services such as education. This can be a particularly appropriate form of reparation for victims who have experienced abuses that result in missed education as a lost opportunity. Reparations can be rehabilitative by directly responding to harms suffered by victims and their ensuing needs, thereby helping to reintegrate those victims into society and restoring to them a functional life. Education can be provided through an administrative program or policy as individual reparations, such as scholarships to victims, as collective reparations, such as the rebuilding of schools in communities hard hit by abuses, and as symbolic reparations, such as naming schools. Court decisions awarding education as a form of reparation have also contributed significantly to our understanding of education as rehabilitation. This article examines the contributions that education as rehabilitation can make to redress as well as the implementation challenges faced by initiatives that have attempted to do so.

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.

This thesis seeks to examine the interplay between business and human rights within the context of political transitions from authoritarian to democratic rule. In the wake of the globalisation process and the subsequent breakdown of the Westphalian state system, transnational corporations (TNCs) have acquired augmented powers at a global level where previously states had been the only players; and yet TNCs have none of the human rights obligations of states, particularly under international law. This dissertation aims to examine why this accountability lacuna exists in relation to corporations, specifically in relation to state-sponsored human rights violations in which TNCs are complicit.

This paper examines the conviction that robust peacekeeping—a strong and forceful peacekeeping force—works better than traditional UN peacekeeping mechanisms in reducing human rights violations, specifically, civilian killing, in areas of deployment. I seek to analyze both the operational and internal characteristics of UN peacekeeping operations in an effort to understand the hindrances to achieving the objective of protecting human rights. Specifically, the study examines the contributions of key structural variables, including the mission type, weapon type, rules of engagement, mission strength, and major power participation controlling for other intervening variables using negative binomial and logit regression models. The empirical results indicated that the core variable ―robust peacekeeping‖ has impact on civilian killings, namely that it lowers civilian killings. The key factor seems to be strength of mission size associated with lower numbers of civilian killings. Great power participation, peacekeeper diversity and affinity with the host state, along with identity conflicts and at least proto-democratic status of the host state appear to be harbingers of potentially higher deliberate civilian killing totals. The findings thus have both theoretical and policy implications in the field of peacekeeping.