The abusive conduct of private foreign investors is of growing concern for our globalized economy. A look at the applicability of the 1969 Vienna Convention on the Law of Treaties (VCLT)—the legal framework that regulates interstate treaties—reveals it to enable the creation of “imbalanced” investment agreements which neglect to regulate private conduct. The global interplay of corporations and states has the potential to result in corporate encroachment on concerns related to intrastate human rights—and fixing this discrepancy is critical to ensuring equity under international law.
Read MoreEvery new Apple release comes with a media blitz about the new iPhone’s improved camera quality, the speed of the M1 processor chip in the latest MacBooks, or the sound quality of the next generation AirPod Pros. An Apple product’s design interface is carefully curated—all with the goal of arousing a feeling of sleekness and fashion in the consumer. However, despite Apple’s futuristic facade, its labor model is backwards and deeply problematic. Indeed, Apple’s cobalt batteries are built on the backs of child labor in mines, causing severe physical harm to children and violating international standards of human rights.
Read MoreAs cyberattacks and data leaks increasingly become a part of daily news, their impact is more noticeable across every field of society. More importantly, cyberattacks with significant political and civil implications have begun affecting electoral systems—a serious threat to democracy and international human rights. Indeed, the increasing number of cyberattacks has direct implications for the rights laid out in the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration on Human Rights (UDHR). For instance, the “Ghostwriter” attack of 2017 targeted elections of several European Union (EU) member states to foment distrust in the North Atlantic Treaty Organization (NATO). Following this series of attacks, the EU formally assigned responsibility to Russian operators in September 2021, implying undue external interference on political systems had occurred. Also in September 2021, a suspected internal cyberattack to Hungarian polling systems caused nationwide election interference, hindering free participation in public affairs, freedom of expression, and voting rights. [1] Thus, as data analytics can facilitate interference with civil and political liberties as well as enable armed attacks and military strategies, data and cybersecurity rights—the rights determining how to collect, process, use, or disclose personal and private data information—should be seen as a logical extension of human rights.
Read MoreIn February 2020, Syrian officials Anwar Raslan and Eyad Al-Gharib were arrested in Berlin and Koblenz, Germany. Raslan allegedly headed the Investigative Unit in the General Intelligence Service Detention Center in Damascus and Al-Gharib was alleged to be employed in a subdivision of this unit, Al-Khatib. Raslan reportedly perpetrated 4,000 cases of torture, 58 murders, and several individual cases of sexual assault and rape between 2011 and 2012. Al-Gharib was charged with aiding and abetting acts of torture while he was employed at Al-Khatib. The defendants were charged in Germany for crimes against humanity in violation of Section 7 of the VStGB (Code of Crimes Against International Law) and for other crimes of torture, murder, and assault, in violation of multiple sections of the StGB (Criminal Code).
Read MoreGiven the increasing magnitude of the U.S.-China relationship, it is worth examining the implications of these rulings, as well as the Court’s asserted interest in diplomacy, against the backdrop of the ongoing U.S.-China trade war. A closer look at this diplomatic breakdown suggests that whether the ATS retains its remaining strength or not, the federal government ought to be prudent in weakening legal means to enforce corporate accountability, especially when consequential bilateral relations are at stake.
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