Suchergebnisse

AbstractA diverse range of actors, from practitioners and academics to civil society groups and activists, appear to see hope in international law for the advancement of their causes. This paper examines whether this optimism is well-founded. It explores whether international law can serve as an agent of social change, and whether it can accommodate radical changes in social order. It begins by exposing a formalist stance that is immanent to much 'legal activist' discourse. It then explores links between this mode of jurisprudential thought and idealist epistemology. Drawing from the philosophy of Theodor Adorno, and in particular his notion of 'identity-thinking', it uncovers structural connections between formalism, idealism, law, and economy that call into question international law's socially-transformative potential. The perspective advanced in this paper falls somewhere between the polarities of opportunity and impasse, seeking to acknowledge the importance of legal strategies in safeguarding the disenfranchised, while remaining alive to their potential dangers and limitations.

AbstractIn light of a recent shift in dialogue to hard law standards in the domain of business and human rights, this article provides an in-depth examination of the viability of a business and human rights treaty. It seeks to advance a valid theoretical model for a treaty that directly addresses non-State actors, explores the allocation of responsibility among multiple duty-bearers, and contemplates the scope, content, and enforcement of the potential obligations. By supplementing this analysis with analogies drawn from existing treaty regimes, the article aims to contribute positively to the normative development of international law in the field.

A diverse range of actors, from practitioners and academics to civil society groups and activists, appear to see hope in international law for the advancement of their causes. This paper examines whether this optimism is well-founded. It explores whether international law can serve as an agent of social change, and whether it can accommodate radical changes in social order. It begins by exposing a formalist stance that is immanent to much 'legal activist' discourse. It then explores links between this mode of jurisprudential thought and idealist epistemology. Drawing from the philosophy of Theodor Adorno, and in particular his notion of 'identity-thinking', it uncovers structural connections between formalism, idealism, law, and economy that call into question international law's socially-transformative potential. The perspective advanced in this paper falls somewhere between the polarities of opportunity and impasse, seeking to acknowledge the importance of legal strategies in safeguarding the disenfranchised, while remaining alive to their potential dangers and limitations.

Introduction -- The State as the basis of legal validity -- The practical failings of State-centric accountability -- The theoretical scope for direct non-State actor regualtion -- Abandoning the State : bowards as alternative theoretical framing -- Conclusion

Introduction to human rights research methods / Rhona Smith -- Human rights based approaches to research / Rhona Smith -- The doctrinal approach in international human rights scholarship / Suzanne Egan -- Legal theory as a research methodology / Lee McConnell -- Qualitative methods / Rhona Smith and Lorna Smith -- Quantitative analysis / Todd Landman -- Critical ethnography and human rights research / William Paul Simmons and Lyndsey Feldman -- Comparative approaches to human rights / Sue Farran -- "Mixing methods" : reflections on compatibility / Rhona Smith and Lee McConnell