Sarah Joseph
Datos Biográficos
| ID | 3705403 |
|---|---|
| NOMBRE | Sarah Joseph |
| NOMBRES | Sarah |
| APELLIDO | Joseph |
| FIRMA | JOSEPH S |
| AFILIACIONES | Monash University |
| ORCID | 0000-0003-3153-9925 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 34 |
| TOTAL DE CITAS | 20 |
| TOTAL COMO AUTOR | 33 |
| TOTAL COMO EDITOR | 1 |
| PRIMER AÑO DE PUBLICACIÓN | 1988 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2023 |
| ÍNDICE H | 3 |
From soft law to hard law in business and human rights and the challenge of corporate power
We introduce this symposium of articles by explaining the notions of hard and soft law, and reviewing UN developments on business and human rights in this light. We move to a more detailed discussion of existing hard law, particularly the state duty to protect, before examining examples of fulfilment of that duty via the domestication (especially the judicialization) of human rights norms for business. We also note the many pitfalls in contempora…
Global, regional, and national estimates of the population at increased risk of severe Covid-19 due to underlying health conditions in 2020
BACKGROUND: The risk of severe COVID-19 if an individual becomes infected is known to be higher in older individuals and those with underlying health conditions. Understanding the number of individuals at increased risk of severe COVID-19 and how this varies between countries should inform the design of possible strategies to shield or vaccinate those at highest risk. METHODS: We estimated the number of individuals at increased risk of severe dis…
Extending the Right to Life Under the International Covenant on Civil and Political Rights
The following commentary analyses General Comment 36 on the right to life in Article 6 of the International Covenant on Civil and Political Rights (ICCPR),1 which was adopted by the treaty’s monitoring body, the Human Rights Committee (HRC), in October 2018.2 General Comment 36 replaces two earlier General Comments on the right to life: General Comment 6 (1982)3 and General Comment 14 (1984).4 General Comment 6 was typical of the HRC’s earliest G…
Can Regional Organic Agriculture Feed the Regional Community? A Case Study for Hamburg and North Germany
Is Fox News a Breach of Human Rights?’
The business and human rights debate has essentially bypassed the media industry. This article addresses that gap in the debate by applying the Guiding Principles on Business and Human Rights to the media. Application of human rights responsibilities to the media in accordance with the Guiding Principles is significantly complicated by the existence of media rights of freedom of expression. It is argued that the application of the Guiding Princip…
Human Rights and the Universal Periodic Review
The Universal Periodic Review is an intriguing and ambitious development in human rights monitoring which breaks new ground by engaging all 193 members of the United Nations. This book provides the first sustained analysis of the Review and explains how the Review functions within the architecture of the United Nations. It draws on socio-legal scholarship and the insights of human rights practitioners with direct experience of the Review in order…
Sport & the Law
Protracted lawfare
The Texaco oil company has long been accused of creating an environmental and human rights catastrophe while conducting oil operations in the Ecuadorian Amazon over a number of decades to 1990. Plaintiffs from the area, largely Indigenous people, have sought compensation via litigation for nearly twenty years, first against Texaco, then against the merged successor company ChevronTexaco (now known as ‘Chevron’). This article tells the tale (so fa…
Free Speech, Racial Intolerance and the Right to Offend
In Eatock v Bolt,1 decided on September 28 2011, the (in)famous conservative commentator Andrew Bolt was found to have breached the Racial Discrimination Act 1975 (Cth) (the 'RDA') in publishing two articles in 2009.2 In the articles, Bolt discussed the self identification of certain 'fair-skinned' Aboriginal people as Indigenous people. He used sarcastic language, and commented that many of them had furthered their careers in identifying as Abor…
Research Handbook on International Human Rights Law
Contents: Preface 1. The United Nations and Human Rights Sarah Joseph and Joanna Kyriakakis 2. Economic, Social and Cultural Rights: An Examination of State Obligations Manisuli Ssenyonjo 3. Extraterritoriality: Universal Human Rights Without Universal Obligations? Sigrun I. Skogly 4. Non-state Actors and International Human Rights Law Robert McCorquodale 5. NGOs and Human Rights: Channels of Power Peter J. Spiro 6. Human Rights in Economic Globa…
Sport and the Law
Living in a Culture of Fear (2005)
For those who are not familiar with the Harry Potter series I apologize; however, I think that a very fine point about fear was made in the third book of the series, The Prisoner of Azkhaban. Harry is about to come up against a Boggart – a creature which has no shape of its own, it is a shape shifter. It takes on the shape of what you fear the most. Harry’s teacher, Professor Lupin, does not allow Harry to confront the Boggart and Harry is upset …
Human Rights Committee
Human Rights Committee: Recent Jurisprudence Sarah Joseph Sarah Joseph * *Professor of Human Rights at the Faculty of Law, Monash University and Director of the Castan Centre for Human Rights Law ( [email protected] ). Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 7, Issue 3, 2007, Pages 567–581, https://doi.org/10.1093/hrlr/ngm012 Published: 22 June 2007
United Nations Human Rights Committee
The commentary below analyses five of the most important recent decisions of the Human Rights Committee (HRC), the monitoring body established under the International Covenant on Civil and Political Rights (ICCPR), in complaints submitted pursuant to the First Optional Protocol to the ICCPR. The decisions concern the ICCPR compatibility of laws that restrict access to abortion, a ban on the wearing of religious clothing in public universities, co…
Committee against Torture
The following commentary analyses four of the most important cases recently decided by the Committee against Torture (‘Committee’) established under the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (CAT). 1 Three cases concern the Committee's first ever findings of torture in individual complaints under CAT, while the other concerns the obligation of a State to exercise universal criminal jurisdict…
Rendering Terrorists and the Convention Against Torture
Agiza v Sweden (233/03) 1 concerned the removal of one Ahmed Agiza to Egypt by Sweden on 18 December 2001 in circumstances where Agiza was suspected of terrorist activities. Agiza claimed that his removal breached Article 3 of the Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment 1984 (CAT), which prohibits a State from sending a person to another State where ‘there are substantial grounds for believing that …
The Right to Housing, Discrimination, and the Roma in Slovakia
L.R. et al v Slovak Republic (31/03) 1 concerned a complaint under the International Convention on the Elimination of all Forms of Racial Discrimination 1966 (CERD) by a number of Roma people regarding the actions of a local council in the Slovak Republic. The factual background to the complaint was as follows. 1800 Roma lived in the district of Dobšiná in appalling conditions. On 20 March 2002, the local council adopted by way of Resolution ‘a p…
Human Rights Committee
Journal Article Human Rights Committee: Recent Cases Get access Sarah Joseph Sarah Joseph Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 5, Issue 1, 2005, Pages 105–116, https://doi.org/10.1093/hrlrev/ngi005 Published: 01 March 2005
The Right to Housing, Discrimination, and the Roma in Slovakia
Journal Article The Right to Housing, Discrimination, and the Roma in Slovakia Get access Sarah Joseph Sarah Joseph * Professor of Human Rights at the Faculty of Law, Monash University, and Director of the Castan Centre for Human Rights Law Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 5, Issue 2, 2005, Pages 347–349, https://doi.org/10.1093/hrlr/ngi019 Published: 01 June 2005
Same words, different language
(2005). Same words, different language: corporate perceptions of human rights responsibilities. Australian Journal of Human Rights: Vol. 11, Symposium of Papers from the Fulbright Symposium on Peace and Human Rights Education, pp. 95-127
Political Theory and Power
This book draws attention to certain significant changes in the way in which power has been defined and it also examines some of the critical responses which those changes have evoked. The objective is not to try and evolve a universally acceptable and comprehensive definition of power, and of realted terms like authority and influence. The argument of the book is that, that would be an impossible project since social and political theories thems…
Human Rights Committee
Journal Article HUMAN RIGHTS COMMITTEE: RECENT JURISPRUDENCE Get access Sarah Joseph Sarah Joseph Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 4, Issue 2, Autumn 2004, Pages 277–294, https://doi.org/10.1093/hrlr/4.2.277 Published: 01 October 2004
Human Rights Committee
Journal Article HUMAN RIGHTS COMMITTEE: RECENT CASES Get access Sarah Joseph Sarah Joseph Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 3, Issue 1, Spring 2003, Pages 91–103, https://doi.org/10.1093/hrlr/3.1.91 Published: 01 March 2003
Human Rights Committee
Journal Article HUMAN RIGHTS COMMITTEE: GENERAL COMMENT 29 Get access Sarah Joseph Sarah Joseph Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 2, Issue 1, Spring 2002, Pages 81–98, https://doi.org/10.1093/hrlr/2.1.81 Published: 01 March 2002
Multinational Corporations and Human Rights
Protracted lawfare
The Texaco oil company has long been accused of creating an environmental and human rights catastrophe while conducting oil operations in the Ecuadorian Amazon over a number of decades to 1990. Plaintiffs from the area, largely Indigenous people, have sought compensation via litigation for nearly twenty years, first against Texaco, then against the merged successor company ChevronTexaco (now known as ‘Chevron’). This article tells the tale (so fa…
From soft law to hard law in business and human rights and the challenge of corporate power
We introduce this symposium of articles by explaining the notions of hard and soft law, and reviewing UN developments on business and human rights in this light. We move to a more detailed discussion of existing hard law, particularly the state duty to protect, before examining examples of fulfilment of that duty via the domestication (especially the judicialization) of human rights norms for business. We also note the many pitfalls in contempora…
Same words, different language
(2005). Same words, different language: corporate perceptions of human rights responsibilities. Australian Journal of Human Rights: Vol. 11, Symposium of Papers from the Fulbright Symposium on Peace and Human Rights Education, pp. 95-127
Free Speech, Racial Intolerance and the Right to Offend
In Eatock v Bolt,1 decided on September 28 2011, the (in)famous conservative commentator Andrew Bolt was found to have breached the Racial Discrimination Act 1975 (Cth) (the 'RDA') in publishing two articles in 2009.2 In the articles, Bolt discussed the self identification of certain 'fair-skinned' Aboriginal people as Indigenous people. He used sarcastic language, and commented that many of them had furthered their careers in identifying as Abor…
Is Fox News a Breach of Human Rights?’
The business and human rights debate has essentially bypassed the media industry. This article addresses that gap in the debate by applying the Guiding Principles on Business and Human Rights to the media. Application of human rights responsibilities to the media in accordance with the Guiding Principles is significantly complicated by the existence of media rights of freedom of expression. It is argued that the application of the Guiding Princip…
Resolving conflicting claims of territorial sovereignty and external self‐determination, part 1
This article proposes principles under which a secessionist claim of external self‐determination (ESD) should be recognised as a right by attempting to identify a just balance between the notions of territorial sovereignty and ESD. Initially, the meaning of the terms ‘territorial sovereignty’ and ‘self‐determination’ is analysed. A formula is then proposed for resolving conflicts between claims of territorial sovereignty and claims of secessionis…
New Procedures concerning the Human Rights Committee's Examination of State Reports
This article discusses two new procedures of the Human Rights Committee in its examination of State Party reports under Article 40 ICCPR: its adoption of consensus comments on each State report and its use of a special ‘emergency report’ procedure in situations where emergency human rights crises are occurring. It is argued that agreement over the adoption of both procedures, which epitomise a more purposeful approach by the HRC to its exercise o…
Culture and Political Analysis in India
Ideology and Emancipation
Culture and Political Analysis in India
An Agenda for Political Theory in India
Problems of Post-Modernism
New Procedures concerning the Human Rights Committee's Examination of State Reports
This article discusses two new procedures of the Human Rights Committee in its examination of State Party reports under Article 40 ICCPR: its adoption of consensus comments on each State report and its use of a special ‘emergency report’ procedure in situations where emergency human rights crises are occurring. It is argued that agreement over the adoption of both procedures, which epitomise a more purposeful approach by the HRC to its exercise o…
Part A
This paper analyses the controversial judgment by the European Court of Human Rights in McCann and Others vs. UK. The case concerned the infamous 1988 shootings by British counterterrorist forces of three members of the Irish Republican Army in Gibraltar. McCann was the first case in which the European Court considered allegations of violations of Article 2 of the European Convention, which guarantees the right to life. A narrow majority of the C…
Resolving conflicting claims of territorial sovereignty and external self‐determination, part 2
This second half of the article contains examples of potential applications of the formula devised in Part 1 for the prima facie resolution of conflicting claims of territorial sovereignty and external self‐determination. In the context of various successful and unsuccessful secessionist claims, these examples of practical application indicate that the formula largely complies with current international practice in recognising or denying such cla…
Resolving conflicting claims of territorial sovereignty and external self‐determination, part 1
This article proposes principles under which a secessionist claim of external self‐determination (ESD) should be recognised as a right by attempting to identify a just balance between the notions of territorial sovereignty and ESD. Initially, the meaning of the terms ‘territorial sovereignty’ and ‘self‐determination’ is analysed. A formula is then proposed for resolving conflicts between claims of territorial sovereignty and claims of secessionis…
Human Rights Committee
Human Rights Committee
Journal Article HUMAN RIGHTS COMMITTEE: GENERAL COMMENT 29 Get access Sarah Joseph Sarah Joseph Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 2, Issue 1, Spring 2002, Pages 81–98, https://doi.org/10.1093/hrlr/2.1.81 Published: 01 March 2002
Multinational Corporations and Human Rights
Human Rights Committee
Journal Article HUMAN RIGHTS COMMITTEE: RECENT CASES Get access Sarah Joseph Sarah Joseph Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 3, Issue 1, Spring 2003, Pages 91–103, https://doi.org/10.1093/hrlr/3.1.91 Published: 01 March 2003
Political Theory and Power
This book draws attention to certain significant changes in the way in which power has been defined and it also examines some of the critical responses which those changes have evoked. The objective is not to try and evolve a universally acceptable and comprehensive definition of power, and of realted terms like authority and influence. The argument of the book is that, that would be an impossible project since social and political theories thems…
Human Rights Committee
Journal Article HUMAN RIGHTS COMMITTEE: RECENT JURISPRUDENCE Get access Sarah Joseph Sarah Joseph Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 4, Issue 2, Autumn 2004, Pages 277–294, https://doi.org/10.1093/hrlr/4.2.277 Published: 01 October 2004
Rendering Terrorists and the Convention Against Torture
Agiza v Sweden (233/03) 1 concerned the removal of one Ahmed Agiza to Egypt by Sweden on 18 December 2001 in circumstances where Agiza was suspected of terrorist activities. Agiza claimed that his removal breached Article 3 of the Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment 1984 (CAT), which prohibits a State from sending a person to another State where ‘there are substantial grounds for believing that …
The Right to Housing, Discrimination, and the Roma in Slovakia
L.R. et al v Slovak Republic (31/03) 1 concerned a complaint under the International Convention on the Elimination of all Forms of Racial Discrimination 1966 (CERD) by a number of Roma people regarding the actions of a local council in the Slovak Republic. The factual background to the complaint was as follows. 1800 Roma lived in the district of Dobšiná in appalling conditions. On 20 March 2002, the local council adopted by way of Resolution ‘a p…
Human Rights Committee
Journal Article Human Rights Committee: Recent Cases Get access Sarah Joseph Sarah Joseph Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 5, Issue 1, 2005, Pages 105–116, https://doi.org/10.1093/hrlrev/ngi005 Published: 01 March 2005
The Right to Housing, Discrimination, and the Roma in Slovakia
Journal Article The Right to Housing, Discrimination, and the Roma in Slovakia Get access Sarah Joseph Sarah Joseph * Professor of Human Rights at the Faculty of Law, Monash University, and Director of the Castan Centre for Human Rights Law Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 5, Issue 2, 2005, Pages 347–349, https://doi.org/10.1093/hrlr/ngi019 Published: 01 June 2005
Same words, different language
(2005). Same words, different language: corporate perceptions of human rights responsibilities. Australian Journal of Human Rights: Vol. 11, Symposium of Papers from the Fulbright Symposium on Peace and Human Rights Education, pp. 95-127
United Nations Human Rights Committee
The commentary below analyses five of the most important recent decisions of the Human Rights Committee (HRC), the monitoring body established under the International Covenant on Civil and Political Rights (ICCPR), in complaints submitted pursuant to the First Optional Protocol to the ICCPR. The decisions concern the ICCPR compatibility of laws that restrict access to abortion, a ban on the wearing of religious clothing in public universities, co…
Committee against Torture
The following commentary analyses four of the most important cases recently decided by the Committee against Torture (‘Committee’) established under the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (CAT). 1 Three cases concern the Committee's first ever findings of torture in individual complaints under CAT, while the other concerns the obligation of a State to exercise universal criminal jurisdict…
Human Rights Committee
Human Rights Committee: Recent Jurisprudence Sarah Joseph Sarah Joseph * *Professor of Human Rights at the Faculty of Law, Monash University and Director of the Castan Centre for Human Rights Law ( [email protected] ). Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 7, Issue 3, 2007, Pages 567–581, https://doi.org/10.1093/hrlr/ngm012 Published: 22 June 2007
Living in a Culture of Fear (2005)
For those who are not familiar with the Harry Potter series I apologize; however, I think that a very fine point about fear was made in the third book of the series, The Prisoner of Azkhaban. Harry is about to come up against a Boggart – a creature which has no shape of its own, it is a shape shifter. It takes on the shape of what you fear the most. Harry’s teacher, Professor Lupin, does not allow Harry to confront the Boggart and Harry is upset …
Research Handbook on International Human Rights Law
Contents: Preface 1. The United Nations and Human Rights Sarah Joseph and Joanna Kyriakakis 2. Economic, Social and Cultural Rights: An Examination of State Obligations Manisuli Ssenyonjo 3. Extraterritoriality: Universal Human Rights Without Universal Obligations? Sigrun I. Skogly 4. Non-state Actors and International Human Rights Law Robert McCorquodale 5. NGOs and Human Rights: Channels of Power Peter J. Spiro 6. Human Rights in Economic Globa…
Sport and the Law
Law (30 obras) · Political science (30 obras) · Human rights (21 obras) · Law (14 obras) · Sociology (13 obras) · International Law and Human Rights (12 obras) · Law and economics (9 obras) · Politics (9 obras) · Human Rights and Development (8 obras) · Philosophy (8 obras)