A New Perspective On The Universality Debate: Reverse Moderate Relativism In The Islamic Context

The goal of the human rights movement to formulate a jurisprudence of rights valid for all of humanity is considered laudable by some,\u27 offensive to other

The Relationship of IMF Structural Adjustment Programs to Economic, Social, and Cultural Rights: The Argentine Case Revisited

Perhaps as important as what this Note is, is what it is not: Economic theories abound concerning the causes of the Argentine crisis, some of which directly analyze the IMF\u27s causal connection to the Argentine catastrophe. A Note on this subject would be one of economic theory, not international human rights law. While at certain points in the analysis of the human rights implications of SAPs, it will become difficult to avoid some speculation of economic theory, it is not the primary focus of this Note. Rather than implicate the IMF as part of the cause of the crisis, this Note explicates the ways in which it is an imperfect solution from the standpoint of ESC rights. It does not attempt to argue against the prevailing economic theories for the crisis, but rather discusses ways in which certain provisions of SAPs-provisions also often present in stronger economic periods-are inconsistent with ESC rights. To the extent that the ESC rights law discussed in this Note may appear contrary to the theories embodied in the economic studies cited above, this may reflect an underlying inconsistency between ESC law and macroeconomic scholarship, an inconsistency which should be dealt with in greater detail in future scholarship

The Relationship of IMF Structural Adjustment Programs to Economic, Social, and Cultural Rights: The Argentine Case Revisited

Perhaps as important as what this Note is, is what it is not: Economic theories abound concerning the causes of the Argentine crisis, some of which directly analyze the IMF\u27s causal connection to the Argentine catastrophe. A Note on this subject would be one of economic theory, not international human rights law. While at certain points in the analysis of the human rights implications of SAPs, it will become difficult to avoid some speculation of economic theory, it is not the primary focus of this Note. Rather than implicate the IMF as part of the cause of the crisis, this Note explicates the ways in which it is an imperfect solution from the standpoint of ESC rights. It does not attempt to argue against the prevailing economic theories for the crisis, but rather discusses ways in which certain provisions of SAPs-provisions also often present in stronger economic periods-are inconsistent with ESC rights. To the extent that the ESC rights law discussed in this Note may appear contrary to the theories embodied in the economic studies cited above, this may reflect an underlying inconsistency between ESC law and macroeconomic scholarship, an inconsistency which should be dealt with in greater detail in future scholarship

Reverse Moderate Relativism Applied: Third Generation International Human Rights from an Islamic Perspective

This article develops my reverse moderate relativist theory on the universality of human rights, which I proposed in an article forthcoming in the ILSA J. Intl. & Comp. L. In this prior work, I argued that the debate over the universality of international human rights norms is too constrained, and that the three most popular theories in the universality debate – universalism, strict cultural relativism, and moderate cultural relativism – are each conceptually flawed. Universalism is untenable, because it eliminates the tensions between various cultures simply by ignoring them. Strict cultural relativism is unsatisfactory, because it discredits the whole field of human rights, which may not be necessary. Moderate cultural relativism, such as that practiced by Abdullahi Ahmed An-Na’im at Emory University, first appears the most attractive, because it accepts differences in culture but still strives to find a core group of universal norms. But, moderate cultural relativism cannot be complete because, in attempting to create and expand this list of core shared rights, it treats the international norm as the neutral benchmark to be achieved, with dangerous neo-colonialist implications. I proposed a new theory, reverse moderate relativism, which seeks also to develop a core set of shared rights concepts across cultures, but does so “in reverse,” beginning with other legal systems as the neutral benchmark to be achieved by international human rights law. This present submission is the culmination of a year of Fulbright research in Morocco, in which I attempt to develop my theory of reverse moderate relativism in the Islamic paradigm, analyzing the extent to which the newest generation of human rights, the third generation solidarity rights, represent developing universal values based in non-western traditions. Finding a strong basis for, and rich understanding of, third generation rights in Islamic law, this article concludes that whereas other scholars have noted the complexities posed by the status of third-generation solidarity rights as “group rights,” the real complexity lies in their component of individual duties. In Islam, where the individual is the vicegerent of God, a steward responsible for the interests of the community, individual duties to fulfill third generation solidarity rights become significantly stronger than their aspirational equivalents in international human rights law. Because the secular human rights movement lacks any equivalent unifying force or compliance pull on individuals, the move towards solidarity rights is all the more remarkable, but also significantly more fragile. Rather than criticizing the development of third-generation solidarity rights, international human rights commentators should recognize them as developing universal values, supported by traditions such as Islamic law

Book Review: The Many Faces of Power: An International Law Response to Robert Kagan’s “Of Paradise and Power”

After summarizing the main points of Kagan’s book, the review responds to Kagan’s perception of power using the assumptions of international law, contrasting his definition of power to that of several international legal scholars. It then places Kagan’s realist approach in a broader context of international relations and international legal theory, beginning with a discussion of challenges to realism, and concluding with an examination of the growing body of “integrationist” literature which posits that the fields of international law and international relations are merging. The review then returns to the question of power, examining ways in which Kagan’s book challenges international lawyers to consider how military and doctrinal power interact. Finally, the review concludes by agreeing with Kagan that the current rift between the US and Europe is likely to grow, but disagreeing on the result: Whereas Kagan foresees a world where the all-powerful US eventually disregards Europe, its former friend which is no longer of any strategic use to US interests, this review foresees a world where the powerful rules-based society of the European Union will continue to grow, creating a potent counter-balance to the US

The Transnational Judicial Discourse and Felon Disenfranchisement: Re-examining the Textual Premise of Richardson v. Ramirez

This article is simultaneously an international comparative law piece about prisoner disenfranchisement in various countries, a transnational work of legal theory providing a framework for the use of foreign law in domestic constitutional courts, and a domestic analysis of the constitutional underpinnings of felon disenfranchisement. The article begins with a comprehensive comparative analysis of the recent prisoner disenfranchisement decisions in Canada, South Africa, and Europe. It notes that the over-arching theme of these decisions is to view the acceptability of prisoner disenfranchisement along a continuum, where it becomes more acceptable the more serious the offense committed. The article then examines the growing phenomenon of a “transnational judicial discourse” between domestic, foreign, and international courts, distinguishing the more controversial universalist and genealogical interpretations of the transnational judicial discourse from the less controversial dialogical interpretation of the discourse which has been separately endorsed by six justices of the US Supreme Court. Against this background, the article then examines the transnational judicial discourse on felon disenfranchisement, suggesting that the concept of a continuum of applicability taken from the international cases can inform the domestic debate on this issue. Specifically, it questions the current understanding that the framers of section 2 of the Fourteenth Amendment were sanctioning disenfranchisement for every kind of crime along the continuum of applicability. After an examination of the legislative history of the Fourteenth Amendment, it concludes that this was not the framers’ intent; rather, they only intended the disenfranchisement of those committing crimes of rebellion or disloyalty to the State, such as treason. With the textual barrier removed and the door open to a more nuanced constitutional examination of felon disenfranchisement for various crimes, the article concludes by offering some predictions on what a continuum of applicability of felon disenfranchisement would look like under strict scrutiny analysis

Prioritization of HCV treatment in the direct-acting antiviral era: an economic evaluation

BACKGROUND & AIMS: We determined the optimal HCV treatment prioritization strategy for interferon-free (IFN-free) HCV direct-acting antivirals (DAAs) by disease stage and risk status incorporating treatment of people who inject drugs (PWID). METHODS: A dynamic HCV transmission and progression model compared the cost-effectiveness of treating patients early vs. delaying until cirrhosis for patients with mild or moderate fibrosis, where PWID chronic HCV prevalence was 20, 40 or 60%. Treatment duration was 12weeks at £3300/wk, to achieve a 95% sustained viral response and was varied by genotype/stage in alternative scenarios. We estimated long-term health costs (in £UK=€1.3=$1.5) and outcomes as quality adjusted life-years (QALYs) gained using a £20,000 willingness to pay per QALY threshold. We ranked strategies with net monetary benefit (NMB); negative NMB implies delay treatment. RESULTS: The most cost-effective group to treat were PWID with moderate fibrosis (mean NMB per early treatment £60,640/£23,968 at 20/40% chronic prevalence, respectively), followed by PWID with mild fibrosis (NMB £59,258 and £19,421, respectively) then ex-PWID/non-PWID with moderate fibrosis (NMB £9,404). Treatment of ex-PWID/non-PWID with mild fibrosis could be delayed (NMB -£3,650). In populations with 60% chronic HCV among PWID it was only cost-effective to prioritize DAAs to ex-PWID/non-PWID with moderate fibrosis. For every one PWID in the 20% chronic HCV setting, 2 new HCV infections were averted. One extra HCV-related death was averted per 13 people with moderate disease treated. Rankings were unchanged with reduced drug costs or varied sustained virological response/duration by genotype/fibrosis stage. CONCLUSIONS: Treating PWID with moderate or mild HCV with IFN-free DAAs is cost-effective compared to delay until cirrhosis, except when chronic HCV prevalence and reinfection risk is very high

A random mutation capture assay to detect genomic point mutations in mouse tissue

Herein, a detailed protocol for a random mutation capture (RMC) assay to measure nuclear point mutation frequency in mouse tissue is described. This protocol is a simplified version of the original method developed for human tissue that is easier to perform, yet retains a high sensitivity of detection. In contrast to assays relying on phenotypic selection of reporter genes in transgenic mice, the RMC assay allows direct detection of mutations in endogenous genes in any mouse strain. Measuring mutation frequency within an intron of a transcribed gene, we show this assay to be highly reproducible. We analyzed mutation frequencies from the liver tissue of animals with a mutation within the intrinsic exonuclease domains of the two major DNA polymerases, δ and ε. These mice exhibited significantly higher mutation frequencies than did wild-type animals. A comparison with a previous analysis of these genotypes in Big Blue mice revealed the RMC assay to be more sensitive than the Big Blue assay for this application. As RMC does not require analysis of a particular gene, simultaneous analysis of mutation frequency at multiple genetic loci is feasible. This assay provides a versatile alternative to transgenic mouse models for the study of mutagenesis in vivo