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768 KiB

Open AccessArticle

Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity Law

by Elisa Morgera

Laws 2015, 4(4), 803-831; https://doi.org/10.3390/laws4040803 - 21 Dec 2015

Cited by 22 | Viewed by 11494

As the debate about the need to clarify the content of the human right to science intensifies, this article assesses opportunities for opening a scholarly and policy dialogue on fair and equitable benefit-sharing between international human rights and biodiversity lawyers. To that end, [...] Read more.

As the debate about the need to clarify the content of the human right to science intensifies, this article assesses opportunities for opening a scholarly and policy dialogue on fair and equitable benefit-sharing between international human rights and biodiversity lawyers. To that end, the article contrasts the emerging conceptualizations of the right to science in the context of international cultural rights and of fair and equitable benefit-sharing under international biodiversity law. It then critically assesses the potential for cross-fertilization with specific regard to: the sharing of scientific information and promotion of scientific cooperation, the transfer of technology, and the protection and valorization of traditional knowledge of indigenous peoples and local communities. While acknowledging that both the right to science and fair and equitable benefit-sharing are far from being fully understood or operationalized, the article argues that developments in international biodiversity law concerning the latter may provide insights into how a vague and optimistic concept can (and when it cannot) lead to tangible outcomes, rather than remaining merely rhetorical. Full article

(This article belongs to the Special Issue Bioethics, Law and Human Rights: Global Intersections)

768 KiB

Open AccessArticle

Bioethics and Human Rights in the Constitutional Formation of Global Health

by Atina Krajewska

Laws 2015, 4(4), 771-802; https://doi.org/10.3390/laws4040771 - 18 Dec 2015

Cited by 1 | Viewed by 5465

Abstract

“Global health” is an increasingly important area of research and practice, concerned with the profound implications of globalisation for individual and communal health (particularly in developing countries) and focused on achieving health equity for all people worldwide. As such, it is often viewed [...] Read more.

“Global health” is an increasingly important area of research and practice, concerned with the profound implications of globalisation for individual and communal health (particularly in developing countries) and focused on achieving health equity for all people worldwide. As such, it is often viewed as overlapping with public health and, thus, conceptually distinct from the field of biomedicine and bioethics. Both fields bear an uneasy relationship with the field of human rights, which remains largely unexplored. The paper constructively utilises insight derived from theories of global legal pluralism and global constitutionalism to argue, perhaps controversially, that recent developments in international biomedical law and bioethics, constitute an important phase in the constitutional construction of a global health law system. In doing so, the paper analyses the role of human rights in the growing constitutional autonomy and organization of global health. Full article

(This article belongs to the Special Issue Bioethics, Law and Human Rights: Global Intersections)

676 KiB

Open AccessArticle

Embryonic Human Life and Dignity: The French Connection

by Dimitrios Tsarapatsanis

Laws 2015, 4(4), 755-770; https://doi.org/10.3390/laws4040755 - 07 Dec 2015

Cited by 1 | Viewed by 3705

Abstract

Human dignity is considered by a number of commentators as a normative concept that could potentially bridge the gap between bioethics and human rights. The purpose of this article is to question this assumption insofar as it applies to embryonic human life by [...] Read more.

Human dignity is considered by a number of commentators as a normative concept that could potentially bridge the gap between bioethics and human rights. The purpose of this article is to question this assumption insofar as it applies to embryonic human life by way of a case study. The article will chart the way dignity has been historically used in French political and legal debates since the 1990s to attempt to afford constitutional protection to human embryos. It then proposes an interpretation of why such attempts failed, which could have wider significance for current debates. Full article

(This article belongs to the Special Issue Bioethics, Law and Human Rights: Global Intersections)

751 KiB

Open AccessArticle

Immigration Federalism as Ideology: Lessons from the States

by Lina Newton

Laws 2015, 4(4), 729-754; https://doi.org/10.3390/laws4040729 - 25 Nov 2015

Cited by 3 | Viewed by 6943

Abstract

Over the last decade states passed hundreds of immigration bills covering a range of policy areas. This article considers the recent state legislative surge against scholarly treatments of immigration federalism, and identifies the symbolic politics in state lawmaking. The analysis combines a historical [...] Read more.

Over the last decade states passed hundreds of immigration bills covering a range of policy areas. This article considers the recent state legislative surge against scholarly treatments of immigration federalism, and identifies the symbolic politics in state lawmaking. The analysis combines a historical treatment of key court decisions that delineated boundaries of state and federal immigration roles with a legislative analysis of over 2200 immigration bills passed between 2006 and 2013, to identify the numerous ways in which national immigration policy shapes state measures. It argues that recent laws must be considered against symbolic federalism which privileges state sovereignty and justifies social policy devolution by advancing frames of intergovernmental conflict, state-level policy pragmatism, and federal ineffectiveness. Full article

(This article belongs to the Special Issue Immigration Law and Criminal Justice)

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291 KiB

Open AccessArticle

The Convention on the Rights of Persons with Disabilities and Article 12: Prospective Feminist Lessons against the “Will and Preferences” Paradigm

by Camillia Kong

Laws 2015, 4(4), 709-728; https://doi.org/10.3390/laws4040709 - 12 Nov 2015

Cited by 6 | Viewed by 4380

Abstract

Human rights have recently impacted on current conceptualisations of the rights and obligations owed to individuals with impairments, culminating in the UN Convention for the Rights of Persons with Disabilities. Particularly significant is Article 12, where interpretations have heralded a “will and [...] Read more.

Human rights have recently impacted on current conceptualisations of the rights and obligations owed to individuals with impairments, culminating in the UN Convention for the Rights of Persons with Disabilities. Particularly significant is Article 12, where interpretations have heralded a “will and preferences” paradigm which rejects substituted decision-making mechanisms, even in situations where an individual should make personally harmful or unwise decisions about their treatment, care, or relationships. This paper explores problems with “strict” and “flexible” interpretations of Article 12, focusing specifically on safeguarding issues in cases of relational abuse, exploitation, and coercion. Drawing analogies with feminist arguments opposing violence against women in the domestic sphere, I challenge the private/public and individualistic account of autonomy which is implicit in interpretations of the “will and preferences” paradigm, and suggest that proponents of Article 12 should consider the possible justifiability of expanded protectionist measures in cases of abuse involving individuals with impairments. Full article

(This article belongs to the Special Issue The Intersection of Human Rights Law and Health Law)

977 KiB

Open AccessArticle

Using Increases in Criminal Deportees from the US to Estimate the Effect of Crime on Economic Growth and Development in Latin America and the Caribbean

by Garfield O. Blake

Laws 2015, 4(4), 691-708; https://doi.org/10.3390/laws4040691 - 05 Nov 2015

Cited by 5 | Viewed by 5199

Abstract

Previous empirical studies have uncovered little evidence that crime hinders development, possibly due to simultaneity problems. This paper uses the increase in criminal deportees from the US as an instrumental variable to identify the causal effect of crime on economic growth and development. [...] Read more.

Previous empirical studies have uncovered little evidence that crime hinders development, possibly due to simultaneity problems. This paper uses the increase in criminal deportees from the US as an instrumental variable to identify the causal effect of crime on economic growth and development. An increase in the number of criminal deportees received by a country is shown to substantially increase that country’s homicide rate. Using panel data for a sample of 30 Latin America and the Caribbean (LAC) countries, I show that the increase in crime is becoming a major obstacle to growth and development in the region. Full article

(This article belongs to the Special Issue Immigration Law and Criminal Justice)

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225 KiB

Open AccessArticle

by Charles E. Di Leva

Laws 2015, 4(4), 674-690; https://doi.org/10.3390/laws4040674 - 19 Oct 2015

Viewed by 4354

Abstract

This article discusses climate-related standards that development finance institutions establish or apply to projects supported by their investments. It focuses particularly on multilateral development banks given their major role in providing finance to developing countries, where the bulk of the world’s fastest growing [...] Read more.

This article discusses climate-related standards that development finance institutions establish or apply to projects supported by their investments. It focuses particularly on multilateral development banks given their major role in providing finance to developing countries, where the bulk of the world’s fastest growing emissions are taking place. It looks at proposed and recently adopted standards, as well as different perspectives developed and developing countries have regarding these standards. It also discusses how these standards might be impacted by the evolution of the United Nations Framework Convention on Climate Change (UNFCCC) negotiations and concludes that there will be continuing challenges to implement these standards unless developed countries fulfill their pledge of expected finance. Full article

(This article belongs to the Special Issue Climate Change and International Economic Law: Chiasms and Complementarities)

236 KiB

Open AccessEditorial

Double Blind Peer-Review in Laws

by Frank Pasquale and Martyn Rittman

Laws 2015, 4(4), 673; https://doi.org/10.3390/laws4040673 - 10 Oct 2015

Viewed by 2632

Abstract

We are pleased to announce that all manuscripts submitted to Laws after 10 October 2015 will be reviewed using a double blind peer-review process. [...] Full article

752 KiB

Open AccessArticle

State Fragility and Structural Gender Inequality in Family Law: An Empirical Investigation

by Donna Lee Bowen, Valerie M. Hudson and Perpetua Lynne Nielsen

Laws 2015, 4(4), 654-672; https://doi.org/10.3390/laws4040654 - 10 Oct 2015

Cited by 7 | Viewed by 8328

Abstract

In this paper we examine the linkage of male-dominant family law systems and levels of nation-state security and stability. We expect such societies to be predisposed to parasitical rent-seeking and inefficiency, combined with coercive conflict resolution, resulting in higher levels of violence within [...] Read more.

In this paper we examine the linkage of male-dominant family law systems and levels of nation-state security and stability. We expect such societies to be predisposed to parasitical rent-seeking and inefficiency, combined with coercive conflict resolution, resulting in higher levels of violence within the society. We demonstrate empirically that states with inequitable family law also exhibit higher levels of state fragility. Using standard indicators of state stability and security, our empirical results show that the ability to predict levels of state stability and security is significantly enhanced by examining a measure of Inequity in Family Law in addition to more conventional explanatory variables such as literacy rate, level of democracy, and civilizational influence. Full article

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Laws, Volume 4, Issue 4 (December 2015) – 9 articles , Pages 654-831

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