The Legal Research Society

December 10, marked the 60th anniversary of the adoption of the United Nations’ Universal Declaration of Human Rights . Most people assume this day that the guarantee of human rights is an essential feature of all civilized societies. In order to celebrate the 60th anniversary of the adoption of the United Nations’ Universal Declaration of Human Rights, the LRS will host a roundtable discussion on ‘Human Rights: Universalism vs. Relativism’. Time: Monday, 15th December, from 4 pm until 6 pm Location : MacRobert Building 252 The UDHR enshrines universal rights that apply to all humans equally. 60 years ago, while the fledgling U.N. General Assembly ultimately passed the UDHR by 48-0 vote, a huge diplomatic effort was required to get disparate nations to agree on exactly what "human rights" are or should be. Communist countries proffered one view, while capitalist and Islamic countries had their own perspectives. Proponents of cultural relativism argue for acceptance of differe...

On Wednesday 10th of December from 7:00 pm until 9:00 pm in TAYLOR C11 (opposite to Taylor library entry) The LRS will screen a movie titled “Workingman's Death”. After the film we will have the opportunity to talk about the film and the issues it raises. Is heavy manual labour disappearing or is it just becoming invisible? Where can we still find it in the 21st century? Workingman's Death follows the trail of the HEROES in the illegal mines of the Ukraine , sniffs out GHOST among the sulphur workers in Indonesia , finds itself face to face with LIONS at a slaughterhouse in Nigeria , mingles with BROTHERS as they cut a huge oil tanker into pieces in Pakistan , and joins Chinese steel workers in hoping for a glorious FUTURE. Even though it's the twenty-first century, the director wants us to know that a lot of workers across the world have not benefited from the advancement in technology . You are very welcome to come along and enjoy the movie and the refreshments.

On Friday 21 November 5-7pm, Taylor A17 the LRS will host a presentation delivered by Nasser Alghitta, under the title:- " Africa : from the human rights commission to the court – really a step forward or just a make-up?" Abstract The presentation theme is to examine the African system of the protection of human rights to establish what the weaknesses of the system are. It also assesses the system against the more advanced regional system which is the European system of the protection of human rights. Originally the African system entrusted a commission to oversee the implementation of the African charter of human and people's rights. However after years of operation it has become clearer that the commission is not ideally suited for the job. A proposal to establish a court had been put forward. On June 9, 1998, in Ouagadougou , Burkina Faso , the Assembly of Heads of State and Government of the Organization of African Unity (OAU) adopted a Protocol to ...

On Thursday 13th November from 6pm until 8pm in TAYLOR C11 (opposite the Taylor library entry) The LRS will screen a movie titled “ The Constant Gardener ”. Gripping and intelligent entertainment, this is a dramatic thriller of sex, lies and dirty politics in modern Africa . Based on a book by espionage novelist John le Carré and directed by Fernando Mereilles (City of God ) the film blends high tension with social conscience, giving a human face to the West's exploitation of the Third World . For more information about the movie click here . The screening will be followed by a brief discussion which will be moderated by Paula Herm and Ahmed Hassanein . You are very welcome to come along and enjoy the movie and the refreshments ( free of charge) !

On Thursday 6th November at 6pm TAYLOR C11 (opposite the Taylor library entry) The LRS will screen a movie titled “Why we fight” The film was directed by Eugene Jarecki and has won the Grand Jury Prize at the 2005 Sundance Film Festival. It is an unflinching look at the anatomy of the American war machine , weaving unforgettable personal stories with commentary by a “who’s who” of military and beltway insiders. The film moves beyond the headlines of various American military operations to the deeper questions of why – why does American fight? What are the forces – political, economic, and ideological – that drive “us” to fight against an ever-changing enemy? The movie will be followed by a brief discussion which will be moderated by Paula and Khaled. You are very welcome to come along and enjoy the movie and the refreshments ( free of charge )!

Yesterday’s quarrel, conducted in the open through the media, between Shami Chakrabarti, Director of the UK based human rights group Liberty, and Culture Secretary Andy Burnham over the decision by Tory MP David Davies to stand down and call an election over his parliamentary seat in light of the government’s successful attempt to increase the number of days that terror suspects can be held before being charged to 42, brings to mind Harvard Professor David Kennedy’s excellent 2002 essay The International Human Rights Movement: Part of the Problem . Although the paper relates to international issues, there might be a few pointers relevant for the UK human rights movement and its choice of methods of advocacy. In light of popular opposition to the Human Rights Act in the UK and pledges by the Tories that they will consider scrapping it once in office , it could be questioned whether the UK human rights movement has itself to partly thank for this situation. For instance, high profil...

Thursday 22 May, 5pm, Taylor A19 Jernej Letnar Cernic, 'Fundamental Human Rights Obligations of Corporations' Abstract: This paper argues that fundamental human right obligations of corporations derive primarily from national legal orders and only secondarily from international level, whereas both draw their foundations from international value system. The tenets of every normative system are principles and rules that create rights and obligations of the subjects/participants of that system. Validity of any positive norm derives its legal authority from the membership in a legal order, which gives it a binding force. Legal authority means a source of law where a positive law norm is derived from. Legal scholarship has so far predominantly focused on international legal obligations of corporations. In contrast, the present paper argues that fundamental human rights obligations of corporations derive its legal authority from national normative orders and only secondary from inter...

In the south of Europe the warmer weather brings with it a heated debate about illegal immigration as the calmer seas allow boat loads of migrants to cross the Mediterranean in search of a better life. Despite the good weather, their journey is often unsafe and many perish at sea. Those who survive the crossing find that their ordeal is not over. Most European States have detention policies whereby illegal immigrants rescued at sea or intercepted on the shore are held in camps pending conferment of refugee status or repatriation. The detention periods vary from one Member State to another, with France capping the period at 30 days, and the United Kingdom having no upper limit. A draft European directive would have capped the period of detention at six months, with a possible extension of a further twelve months under special circumstances (See the EU Observer’s report here ). In other words, the directive would have allowed Member States to detain immigrants for eighteen month...

A forthcoming article by Ole W. Pedersen , our blog administrator, is now available on SSRN (Ole W. Pedersen, 'European Environmental Human Rights and Environmental Rights: A Long Time Coming?' (2008) Georgetown International Environmental Law Review , Forthcoming). In his paper Ole argues that the development of procedural and substantive environmental rights in Europe may signal the elevation of these rights at an international human rights law level. Abstract: This paper deals with the area of rights and environmental law focusing on procedural environmental rights and substantive human rights to the environment in a European context. The paper asserts that while international developments in this area have generally ceased, two strong trends are emerging in Europe. First, a strong focus on procedural environmental rights (a right to access to environmental information, a right to public participation and a right to access to justice) is in place in Europe. This part of the...

Amid tense debate as to whether PM Gordon Brown ought to boycott this summer’s Olympic Games in China or not, little attention seems to be given to the question of what effects such a boycott may or may not have. Traditionally people supporting a boycott of the Games argue that China’s human rights record is so appalling that Western leaders ought to disassociate themselves from China. Such arguments have gained further strength in light of recent Chinese clampdown on Tibetan protestors. For instance, the French President Nicholas Sarkozy has openly threatened to stay away from the opening ceremony in light of the Chinese treatment of Tibetan protestors. Similarly, human rights activists assert that Chinese investment in the oil industry of Sudan ought to lead to Western leaders distancing themselves from China. However, as for the argument about boycotting the Olympic Games, it may be argued that the current level of media attention afforded China and the tour of the Olympic torch as ...

A few days ago I commented on the Archbishop of Canterbury’s proposal to have elements of Islamic law coexisting with the English legal system. I questioned the extent to which it would be possible for English law to recognise some facets of Islamic family law. An article on Conflictoflaws.net sheds further light on the matter. Gilles Cuniberti explains how the Cour de Cassation in France has refused to recognise a number of Algerian and Moroccan divorces. He describes the factual background as follows: The facts of the cases are almost invariably the same. The couple was of Algerian (or Moroccan) origin. They were sometimes born there, or even had got married there. They then emigrated to France, where they have been living ever since. They sometimes acquired French citizenship. It seems that it is normally the wife who wants the divorce. She therefore decides to sue, in France. But the husband then travels to Algeria or Morocco and gets an islamic divorce...

All too often we talk about the inviolability and near absoluteness of human rights, the universality of shared principles that stem from basic human dignity. But consider the following. Hereunder Alavi Tabar, a reformist Iranian writer who often bumped heads with the conservative old guard, discusses some achievements of the Revolution that he sought to reform: 'Before the Revolution, you had traditional towns where parents wouldn't allow their daughters to go to school; they didn't want them being taught by men, in places where there was no hejab .' He was referring to the Islamic head covering for women, which Khomeini had eventually succeeded in making compulsory. 'After the Revolution, they brought in the hejab , and women teachers, and suddenly all these traditional families started sending their children - with great enthusiasm - to school. ...Those who say the Revolution rejected modernity are quite wrong. Before the Revolution, modernity was an exotic fo...

Following last week’s debate on McCain’s proposal for a “League of Democracies”, the UN, and as earlier argued its member states, are doing a good job inviting criticism. This week it was confirmed that Zimbabwe has been elected to chair the UN’s Commission for Sustainable Development. The decision followed a vote granting the go-ahead to Zimbabwe’s chairmanship with the slightest of margins - 26 to 21 (with three abstentions). The chair of the Commission usually rotates between the world’s regions and the decision was supported mainly by the African nations. The decision was swiftly greeted with criticism from both European and US diplomats. Although the decisions to award the chair to Zimbabwe followed all procedures and was perfectly democratic, it raises a number of issues. First and foremost, the blatant human rights violations taking place in Zimbabwe ought to deter any support for Zimbabwe from other member states. This is regardless of the chair being for the Commission for su...

Corporations are today major influences on our lives. From the 100 largest economies in the world, 51 are corporations while only 49 are states. While it is could be said that economic development coupled with the rule of law and democracy could be the one best for the entire spectrum of human rights, corporations, especially some transnational corporations, often avoid any from of legal responsibility when they commit human rights violations. Then there is inequality in international legal system. International Law on Foreign Investment guarantees protection to corporations from loosing their investments when investing in developing countries with at times fragile economic and legal systems of the. This is coupled with wide several bilateral or multilateral investment treaties which require States to equally treat foreign investors. In turn, corporations are not asked in any international legal instrument to comply at minimum with fundamental human rights norms. This inequality derive...

It emerged today that Khalid Sheikh Mohammed confessed to the killing of American journalist Daniel Pearl, who was killed in Pakistan in 2002. Khalid Sheikh Mohammed, who was apprehended by the American forces in Pakistan in 2003, confessed before a military tribunal at the Guantánamo Bay, Cuba - the centre where the US keeps more than 400 detainees awaiting trials before the special military tribunals the Bush administration set up in wake of the 9/11 atrocities. Mohammed had previous confessed to planning the attacks of 9/11. In addition to this, Mohammed has confessed to have taken responsibility for the 2002 Bali bombings and has made plans for a line of other terrorist attacks. Pearl was working as a journalist for the Wall Street Journal in Pakistan in 2002 when he was kidnapped and later beheaded. Images of the beheading were distributed by the kidnappers on the internet and made for gruesome viewing of Pearl’s last minutes. While the heinous crimes of 9/11 and Pearl's behea...

Most States have some archaic laws on their books. Some States choose to enforce them. Malta , an otherwise liberal democracy with European ideals, is one of the latter group. The Times of Malta today reports about a human rights appeal in this case . The facts of the case are quite straightforward. On 20th August 2006 a young lady went to one of Malta's many sandy beaches and bathed 'sans bikini top' . That is pretty much it. I presume that she was surprised to find herself accused of a contravention in terms of Article 338 of the Criminal Code . That article, introduced in 1933, provides that 'every person is guilty of an offence against public order who...in the harbours, on the seashore, or in any other public place, exposes himself naked or is indecently dressed.' The Court of Magistrates found the accused guilty. She was discharged on the condition that she did not commit any other offence within a week. She appealed the judgment on the grounds that it was in...