The Meta Oversight Board's Human Rights Future
In: Duke Law School Public Law & Legal Theory Series No. 2022-47
In: Duke Law School Public Law & Legal Theory Series No. 2022-47
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In: Oxford Handbook of Economic and Social Rights, Forthcoming
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In: Cambridge Companion to Business and Human Rights, Forthcoming
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Working paper
In: Propaganda, War Crimes Trials and International Law: From Cognition to Criminality 143, Predrag Dojcinovic, Ed., Routledge, 2020
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In: Annual Review of Law and Social Science, Band 16, S. 223-240
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In: 52 Connecticut Law Review 1029 (2021)
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In: 42(6) European Intellectual Property Review 332-340 (2020)
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In: 8 UC Irvine Law Review 513, 2018
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In: Proceedings of the ASIL Annual Meeting, Band 112, S. 127-128
ISSN: 2169-1118
New innovations in human rights fact-finding and criminal investigations
offer both opportunities and challenges for human rights law in
practice.1 As documentation of human rights
violations becomes more difficult and complex, practitioners are exploring
ways to augment their work with new tools and new
methodologies.2 Social media, accessible satellite
data, and even drone technology have expanded the capacity of human rights
investigators to document abuses, even when access to the sites of
atrocities is limited.
Global intellectual property rules have had adverse consequences for the promotion and protection of a range of human rights, including the rights to food, health, water, culture, equality and non-discrimination, and freedom of expression. Nonetheless, these issues have been framed in human rights terms primarily at the international and regional levels. Domestic human rights advocates have largely not taken up the issue of how intellectual property law affects the enjoyment of human rights. This Article argues that this incomplete translation is due to widespread reliance on a fairly narrow understanding of human rights. Human rights, when understood only as a set of legal rules and institutions, inevitably devolves into a debate about reconciling conflicting rights. This is an important conversation, but it is also a limiting one. The emancipatory potential of human rights often lies not in its power as a set of legal rules but in the way in which those rules can be employed by affected individuals to make claims and demand political change. Using the case study of law and politics around intellectual property mobilization, the Article argues that framing intellectual property in more robust human rights terms is important for challenging the fundamental power structures that undergird the intellectual property regime. The Article then argues that the Marrakesh Treaty—a new treaty that requires states to create mandatory exceptions to copyright to protect the rights of individuals with disabilities—charts a new path for human rights advocacy on intellectual property. This treaty has the potential to lay a foundation for better translation of intellectual property issues into human rights advocacy by identifying a clear violation and by activating domestic human rights advocates. Creating a foundation for affected individuals and human rights advocates to participate in intellectual property lawmaking is essential to realizing the potential of human rights for revising the essential bargains of the international intellectual property system.
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In: New Technologies for Human Rights Law and Practice (Molly K. Land and Jay D. Aronson eds. CUP 2018)
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States have long denied basic rights to non-citizens within their borders, and international law imposes only limited duties on states with respect to those fleeing persecution. But even the limited rights previously enjoyed by non-citizens are eroding in the face of rising nationalism, populism, xenophobia, and racism. Beyond Borders explores what obligations we owe to those outside our political community. Drawing on contributions from a broad variety of disciplines - from literature to political science to philosophy - the volume considers the failures of law and politics to guarantee rights for the most vulnerable and attempts to imagine new forms of belonging grounded in ideas of solidarity, empathy, and responsibility in order to identify a more robust basis for the protection of non-citizens at home and abroad. This title is also available as Open Access on Cambridge Core.
This Guide offers a framework and concrete recommendations for interpreting and implementing the Marrakesh Treaty to facilitate the ability of print disabled individuals to create, read, and share books and cultural materials in accessible formats. It conceives of the Marrakesh Treaty as an international instrument that employs the legal doctrines and policy tools of copyright to achieve human rights objectives.
In: Forthcoming in LEGITIMACY AND INTERNATIONAL COURTS (Harlan Cohen & Nienke Grossman eds., Cambridge University Press 2015)
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In: Forthcoming in INTERNET LAW, FUNDAMENTAL RIGHTS, AND CONSTITUTIONAL ADJUDICATION (Graziella Romeo & Oreste Pollicino eds., Routledge 2015)
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