Posts Tagged ‘Human Right’

Johanna Kalb on “Human Rights Treaties in State Courts: The International Prospects of State Constitutionalism after Medellín”

November 28, 2011

I have previously posted on the U.S. Supreme Court decision in Medellin v. Texas here.

In a recent article entitled “Human Rights Treaties in State Courts: The International Prospects of State Constitutionalism after Medellín”, Johanna Kalb at the Loyola University New Orleans College of Law, Penn State Law Review, Vol. 115, No. 4, 2011, examines the conditions under which state courts have engaged with the international human rights treaties the United States has signed or ratified, and considers whether and how these treaties will be affected by the Medellín decision. Kolb concludes that because state courts have been more receptive to arguments based on treaties as non-binding persuasive authority, even the broadest reading of the decision will not end this type of human rights advocacy.

A copy of the article is available for download on SSRN here.

My New Article in the Canadian International Lawyer

October 21, 2011

I have published a new article in the latest issue of the Canadian Bar Association’s Canadian International Lawyer journal entitled, “Adjudicating International Human Rights Claims in Canada”, (2011), 8(3) Cdn. Int. Lawyer 117-133. Here is the abstract:

This article addresses the issue of the privatization of justice and whether a social contract model is appropriate in disputes affecting the public interest, if one accepts the premise that international human rights claims fall under the rubric of “public order” or public interest. The article then explores the implications of promoting a social contract model for advancing and adjudicating international human rights claims in Canada against corporate and state actors, both from the perspective of litigation and arbitration. It concludes with an overview of recent federal legislative reforms relating to state-sponsored terrorism and international human rights standards.

A pdf copy of the article is available for download here.


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