Collective Management of Copyrights and Human Rights: An Uneasy Alliance Revisited

This essay analyzes the “creators’ rights” provisions of the International Covenant on Economic Social and Cultural Rights (ICESCR) in the context of the collective administration of copyright and neighboring rights and the policies and practices of collective management organizations (CMOs). It also addresses other human rights treaties and international court rulings relevant to collective rights management. The essay begins with an overview of the ICESCR Committee’s General Comment on ICESCR Article 15(1)(c), “the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.” It then analyzes the key provisions of the General Comment relevant to the collective administration of copyright and neighboring rights. The essay next considers two legal and policy issues with important human rights implications: whether membership in CMOs should be mandatory, and whether CMOs should promote national culture. The essay concludes by evaluating the practical implications of adopting a human rights framework to analyze collective management issues

Austerity and Human Rights Law: Towards a Rights-Based Approach to Austerity Policy, a Case Study of Greece

This Note analyzes the legal framework for the protection of the right to work under national and international laws, and the limitations for Greece regarding the implementation of austerity measures that result in causing retrogression in the enjoyment of this right. Part I discusses the background of the Greek financial crisis, the financial assistance mechanisms and the adopted austerity measures. Part II examines the legal framework for the protection of the right to work, as well as the principles of equality, non-discrimination and progressive realization of human rights under the International Covenant on Economic, Social and Cultural Rights (“ICESCR”). Finally, Part III demonstrates how the adopted Greek austerity measures violate international and national laws and advocates for the adoption of a stricter rights-based approach for states willing to implement austerity programs. Part III further argues for a rightsbased approach during times of financial crisis, with a minimum core of human rights obligations to always be respected

Austerity and Human Rights Law: Towards a Rights-Based Approach to Austerity Policy, a Case Study of Greece

This Note analyzes the legal framework for the protection of the right to work under national and international laws, and the limitations for Greece regarding the implementation of austerity measures that result in causing retrogression in the enjoyment of this right. Part I discusses the background of the Greek financial crisis, the financial assistance mechanisms and the adopted austerity measures. Part II examines the legal framework for the protection of the right to work, as well as the principles of equality, non-discrimination and progressive realization of human rights under the International Covenant on Economic, Social and Cultural Rights (“ICESCR”). Finally, Part III demonstrates how the adopted Greek austerity measures violate international and national laws and advocates for the adoption of a stricter rights-based approach for states willing to implement austerity programs. Part III further argues for a rightsbased approach during times of financial crisis, with a minimum core of human rights obligations to always be respected

A Shiny Fragmentary Skeleton: The World Bank and Workers' Human Rights in the 2013 World Development Report

This article intends to describe the scope of the right to work in the World Bank's 2013 World Development Report: Jobs. In the first place, the article analyses, from a legal prospective, the right to work as phrased in the main international human rights instruments. Academic comments and judicial developments are included in the analysis, as well as international organisms' contributions. Second, the article compares this interpretation to the World Bank's ideas on the issue, as expressed in the report. Through this comparison, the Bank's contradictions and restrictive constructions become apparent. Finally, the article describes the risks faced by borrower countries if their policies are designed according to the World Bank proposals.Fil: Etchichury, Horacio Javier. Universidad Nacional de Córdoba; Argentina. Consejo Nacional de Investigaciones Científicas y Técnicas; Argentin

The Blood of Going Green: Using Environmental Initiatives to Account for the Human Rights Violations of the Green Movement

Part I of this Note first illustrates the science of climate change and the push for biofuel development. Next, this Note uses human rights to define the problems associated with biofuel development in Brazil, Argentina and Paraguay, and introduces the environmental law framework that can address these human rights violation. Part II details the main human rights violations in Brazil, Argentina, and Paraguay occurring at the hands of the soy industry, and surveys the main existing certification proposals that attempt to mitigate social and environmental abuses. Finally, Part III proposes ways that developed countries can collectively mitigate the negative human rights and environmental implications from biofuel development beyond their borders by implementing a comprehensive certification scheme in climate change initiatives that contain emissions reduction requirements

The Human Right to Water and Unconventional Energy

Access to water, in sufficient quantities and of sufficient quality is vital for human health. The United Nations Committee on Economic, Social and Cultural Rights (in General Comment 15, drafted 2002) argued that access to water was a condition for the enjoyment of the right to an adequate standard of living, inextricably related to the right to the highest attainable standard of health, and thus a human right. On 28 July 2010 the United Nations General Assembly declared safe and clean drinking water and sanitation a human right essential to the full enjoyment of life and all other human rights. This paper charts the international legal development of the right to water and its relevance to discussions surrounding the growth of unconventional energy and its heavy reliance on water. We consider key data from the country with arguably the most mature and extensive industry, the USA, and highlight the implications for water usage and water rights. We conclude that, given the weight of testimony of local people from our research, along with data from scientific literature, non-governmental organization (NGO) and other policy reports, that the right to water for residents living near fracking sites is likely to be severely curtailed. Even so, from the data presented here, we argue that the major issue regarding water use is the shifting of the resource from society to industry and the demonstrable lack of supply-side price signal that would demand that the industry reduce or stabilize its water demand per unit of energy produced. Thus, in the US context alone, there is considerable evidence that the human right to water will be seriously undermined by the growth of the unconventional oil and gas industry, and given its spread around the globe this could soon become a global human rights issue

International Assistance and Cooperation for Access to Essential Medicines

Access to essential medicines is a critical problem that plagues many developing countries. With a daunting number of domestic constraints technologically, economically, and otherwise developing countries are faced with a steep uphill battle to meet the human rights obligation of providing essential medicines immediately. To meet these challenges, the international human rights obligations of international assistance and cooperation can play a key role to help developing countries fulfill the need for access to essential medicines. This article seeks to highlight and expand upon the current understanding of international assistance and cooperation for access to essential medicines through a review of obligations identified in international human rights law and a synthesis of official guidance provided on the matter

Irregular Foreigners‟ Right to Health in Japan: an Analysis From the Perspectives of International Covenant on Economic, Social and Cultural Rights

This paper aimed to analyze whether Japan fulfils its obligation as a State party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) as regards irregular foreigners‘ right to health. In Japan, there are a great number of foreigners who reside and engage in activities (e.g. work) without proper documents. Due to their irregular status under the national law, these foreigners are restricted access to health care, including emergency medical care. This may be an infringement of international human rights standards set out by the ICESCR. Certain rights prescribed by the ICESCR are applicable to foreigners who are in an irregular situation. The paper focused on aspects of legal framework of the issue and conducted legal analyses of the ICESCR and the relevant laws and regulations of Japan. Through the analyses, the paper identified international standards of the rights concerned that States parties have obligations to ensure economic accessibility to emergency medical care by irregular foreigners. For the condition in Japan, the paper revealed that irregular foreigners are not guaranteed economic accessibility to emergency medical care due to their irregular status under the national law. The paper concluded that the concerned State practice of Japan was inconsistent with the international standards set forth by the ICESCR. The paper proposed recommendations to improve the condition.