In April 2010 the European Commission embarked upon a public consultation in order to identify concrete actions to tackle the challenges and obstacles faced by citizens when exercising their rights as citizens of the European Union. The issues under consultation included residence right and the...

Artists in the United States who sell their works without contractually reserving any rights in the same currently enjoy only limited rights under federal copyright laws to exercise continuing control over such works. The author assesses the shortcomings of copyright protection in comparison...

Between 2005 and 2011, there was much debate within Canada and at the United Nations over what role home states should play in the regulation and adjudications of human rights harms associated with transnational corporate conduct. In Canada, this debate focused upon concerns associated with...

Most of the world’s natural resources can be found on the territories of indigenous peoples. This puts indigenous peoples in a position where they are not only subjected to environmental hazards as a result of the mining and exploitation of these resources, but are also denied the use and...

This paper analyses the necessity of fundamental rights protection in EU context as well as its problems in terms of the transfer of sovereignty by the Member States to the EU. It next analyses the approach which the European Court of Human Rights (ECtHR) took in the famous 'Bosphorus' judgment...

The Affordable Care Act’s (ACA) signature accomplishment was the creation of a statutory right to health care for the uninsured. The ambition and the degree of societal and political debate leading up to the Act’s passage suggests it is a “superstatute,” a rare breed of statute that...

Some commentators have recently proclaimed the U.S. Alien Tort Claims Act to be dead. In Nevsun Resources, the Canadian Supreme Court took a seemingly bold step in providing access to justice to victims of human rights abuses against corporate entities, presumably to partly fill this void. This...

The root of most Human Rights discussions in Africa stems from the input of foreigners, either Europeans, the English. This tracing of everything human right to the whites gives the impression that they introduced the better morality, better religion, better idea of right as distinct from wrong...

A Review Essay on the 2008 report of the UN Special Representative of the Secretary-General on the issue of human rights and Transnational corporations and other business enterprises, Professor John Ruggie to the United Nations Human Rights Council, Protect, Respect and Remedy: a Framework for...

This article supports a new theoretical approach to the utilization of human rights treaties in refugee status adjudications in domestic courts. The existing literature on treaty effectiveness is divided between several optimistic and pessimistic perspectives, none of which adequately predict...