Dates

March 11 to 12, 2011

Description

Human rights norms are often studied as an independent body of law with tribunals dedicated to interpreting and enforcing those norms. However, human rights norms are also increasingly incorporated into the development of substantive law in fields as diverse as labor law, corporate governance, environmental law, torts, intellectual property, and armed conflict. The symposium brought together scholars in diverse areas of substantive law to discuss the impact of human rights norms in their fields.

The conference was co-sponsored by the World Affairs Council of Northern California, Sacramento Chapter, the McGeorge International Law Society, and the American Branch of the International Law Association.

Questions included

  • Are human rights norms used to define elements of causes of action, legal responsibility, or defenses?
  • How are human rights norms taken into account in law reform efforts?
  • Have human rights norms been the driving force behind law reform?
  • To what extent is the law of human rights balanced with another area of law in judicial decisions? How is that balanced achieved?
  • What are the consequences of greater incorporation of human rights norms?
  • What happens when national and international institutions adopt conflicting interpretations of human rights norms?
  • Is fragmentation necessarily problematic or can it serve useful purposes, such as facilitating experimentation with diverse approaches or providing a check on hegemonic ambitions?
  • Alternatively, if harmonization should be a priority in this field, what kinds of processes and institutions are best positioned to advance it?
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Panels included

  • The Relationship Between Human Rights Norms and Corporate Governance
  • Distinguished Jurist Panel
  • The Environment and Human Rights
  • The Impact of Human Rights Norms on the Law of Intellectual Property
  • The Role of Tort Law in Implementing Human Rights Norms
  • Human Rights Norms in the Context of an Armed Conflict and Security Issues
  • The Impact of a Wider Dissemination of Human Rights Norms: Fragmentation or Unity?

MCLE Credit

This program was approved for MCLE credit by The State Bar of California for 6.25 hours for Friday and 3.75 hours for Saturday. McGeorge School of Law certifies that this activity conformed to the standards for approved educational activities prescribed by the rules and regulations of The State Bar of California governing minimum continuing legal education.

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Schedule
2011
Thursday, November 3rd
9:30 AM

Corporations and the European Convention on Human Rights

Winfried van den Muijsenbergh, Loyens & Loeff, Rotterdam, The Netherlands
Sam Rezai

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

9:30 AM - 10:45 AM

9:30 AM

From Institutional Misalignments to Socially Sustainable Governance: The Guiding Principles for the Implementation of the United Nations' "Protect, Respect and Remedy" and the Construction of InterbySystemic Global Governance

Larry Catá Backer, Pennsylvania State University

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

9:30 AM - 10:45 AM

9:30 AM

Human Rights and Delaware Corporate Law

David Millon

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

9:30 AM - 10:45 AM

11:00 AM

Mexico's Dilemma: Workers' Rights or Workers' Comparative Advantage in the Age of Globalization?

Ranko Shiraki Oliver, University of Arkansas at Little Rock

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

11:00 AM - 12:15 PM

11:00 AM

Presentation from Panel 2: Human Rights and Labor Law

Jorge Esquirol, Florida International University College of Law

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

11:00 AM - 12:15 PM

1:15 PM

Distinguished Jurist Panel: Insights and Perspectives on the History and Development of Human Rights Norms

Richard Goldstone, Stanford Law School
Fausto Pocar, Univeristy of Milan

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

1:15 PM - 2:30 PM

1:15 PM

Presentation from Panel 3: Distinguished Jurist Panel

Dinah Shelton, The George Washington University Law School

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

1:15 PM - 2:30 PM

2:45 PM

Interpretation of Human Rights for the Protection of the Environment in the European Court of Human Rights

Svitlana Kravchenko, University of Oregon School of Law
John E. Bonine

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

2:45 PM - 4:00 PM

2:45 PM

Presentation from Panel 4: The Environment and Human Rights

John Sprankling, University of the Pacific

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

2:45 PM - 4:00 PM

2:45 PM

Presentation from Panel 4: The Environment and Human Rights

Stephen McCaffrey, University of the Pacific

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

2:45 PM - 4:00 PM

4:15 PM

A Social Justice Perspective on the Role of Copyright in Realizing International Human Rights

Steven D. Jamar, Howard University School of Law

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

4:15 PM - 5:30 PM

4:15 PM

Get the Balance Right!: Squaring Access with Patent Protection

Kristen Jakobsen Osenga, University of Richmond School of Law

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

4:15 PM - 5:30 PM

4:15 PM

Indian Patent Law and TRIPS: Redrawing the Flexibility Framework in the Context of Public Policy and Health

V. K. Unni, Indian Institute of Management

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

4:15 PM - 5:30 PM

Saturday, December 3rd
8:45 AM

Panel 6: The Role of Tort Law in Implementing Human Rights Norms

Ronald Krotoszynski, The University of Alabama School of Law
Adrienne Stone, The University of Melbourne Law School
David Partlett, Emory University School of Law

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

8:45 AM - 10:00 AM

10:15 AM

Presentation from Panel 7: Human Rights Norms in the Context of an Armed Conflict and Security Issues

David Kaye, University of California Los Angeles

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

10:15 AM - 11:30 AM

10:15 AM

Presentation from Panel 7: Human Rights Norms in the Context of an Armed Conflict and Security Issues

Charles C. Jalloh, University of Pittsburgh School of Law

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

10:15 AM - 11:30 AM

10:15 AM

Targeted Killing at a Distance: Robotics and Self-Defense

Wayne McCormack, University of Utah S.J. Quinney College of Law

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

10:15 AM - 11:30 AM

12:30 PM

Fragmentation of International Law: The Case of International Finance & Investment Law Versus Human Rights Law

Sabine Schlemmer-Schulte, University of the Pacific

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

12:30 PM - 1:45 PM

12:30 PM

From Fragmentation to Constitutionalization

Harlan Grant Cohen, University of Georgia School of Law

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

12:30 PM - 1:45 PM

12:30 PM

The Law of Responsibility: A Response to Fragmentation?

Kristen Boon, Seton Hall University School of Law

McGeorge School of Law, University of the Pacific, Sacramento, CA, Northwest Hall, Room S4 - S5

12:30 PM - 1:45 PM