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Chris Beyrer - One of the best experts on this subject based on the ideXlab platform.
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militarization Human Rights Violations and community responses as determinants of health in southeastern myanmar results of a cluster survey
Conflict and Health, 2015Co-Authors: William W Davis, Luke C Mullany, Matt Schissler, Saw Albert, Chris BeyrerAbstract:The Myanmar army and ethnic armed groups agreed to a preliminary ceasefire in 2012, but a heavy military presence remains in southeastern Myanmar. Qualitative data suggested this militarization can result in Human Rights abuses in the absence of armed engagements between the parties, and that rural ethnic civilians use a variety of self-protection strategies to avoid these abuses or reduce their negative impacts. We used data from a household survey to determine prevalence of select self-protection activities and to examine exposure to armed groups, Human Rights Violations and self-protection activities as determinants of health in southeastern Myanmar. Data collected from 463 households via a two-stage cluster survey of conflict-affected areas in eastern Myanmar in January 2012, were analyzed using logistic regression models to identify associations between exposure to state and non-state armed groups, village self-protection, Human Rights abuses and health outcomes. Close proximity to a military base was associated with Human Rights abuses (PRR 1.30, 95 % CI: 1.14-1.48), inadequate food production (PRR 1.08, 95 % CI: 1.03-1.13), inability to access health care (PRR 1.29, 95 % CI: 1.04-1.60) and diarrhea (PRR 1.15, 95 % CI: 1.05-1.27. Direct exposure to armed groups was associated with household hunger (PRR1.71, 95 % CI: 1.30-2.23). Among households that reported no Human Rights abuses, risk of household hunger (PRR 5.64, 95 % CI: 1.88-16.91), inadequate food production (PRR 1.95, 95 % CI: 1.11-3.41) and diarrhea (PRR 2.53, 95 % CI: 1.45-4.42) increased when neighbors’ households reported experiencing Human Rights abuses. Households in villages that reported negotiating with the Myanmar army had lower risk of Human Rights Violations (PRR 0.91, 95 % CI: 0.85-0.98), household hunger (PRR 0.85, 95 % CI: 0.74-0.96), inadequate food production (PRR 0.93, 95 % CI:0.89-0.98) and diarrhea (PRR 0.89, 95 % CI:0.82-0.97). Stratified analysis suggests that self-protection strategies may modify the effect of exposure to armed groups on risk of Human Rights Violations and some health outcomes. Militarization may negatively affect health in southeastern Myanmar, and village self-protection activities may reduce these impacts. As southeastern Myanmar opens to international health and development interventions, implementing agencies should consider militarization as a determinant of health and design interventions that can mediate its effects. Such interventions should take into account existing self-protection strategies, seek to provide support where possible and, at all times, take care not to unintentionally undermine them.
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Human Rights Violations against sex workers burden and effect on hiv
The Lancet, 2015Co-Authors: Michele R Decker, Sandra Ka Hon Chu, Annalouise Crago, Susan G Sherman, Meena Saraswathi Seshu, Kholi Buthelezi, Mandeep Dhaliwal, Chris BeyrerAbstract:Summary We reviewed evidence from more than 800 studies and reports on the burden and HIV implications of Human Rights Violations against sex workers. Published research documents widespread abuses of Human Rights perpetrated by both state and non-state actors. Such Violations directly and indirectly increase HIV susceptibility, and undermine effective HIV-prevention and intervention efforts. Violations include homicide; physical and sexual violence, from law enforcement, clients, and intimate partners; unlawful arrest and detention; discrimination in accessing health services; and forced HIV testing. Abuses occur across all policy regimes, although most profoundly where sex work is criminalised through punitive law. Protection of sex workers is essential to respect, protect, and meet their Human Rights, and to improve their health and wellbeing. Research findings affirm the value of Rights-based HIV responses for sex workers, and underscore the obligation of states to uphold the Rights of this marginalised population.
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health and Human Rights in chin state western burma a population based assessment using multistaged household cluster sampling
PLOS Medicine, 2011Co-Authors: Richard Sollom, Luke C Mullany, Adam K Richards, Parveen Parmar, Salai Bawi Lian, Vincent Iacopino, Chris BeyrerAbstract:Background: The Chin State of Burma (also known as Myanmar) is an isolated ethnic minority area with poor health outcomes and reports of food insecurity and Human Rights Violations. We report on a population-based assessment of health and Human Rights in Chin State. We sought to quantify reported Human Rights Violations in Chin State and associations between these reported Violations and health status at the household level. Methods and Findings: Multistaged household cluster sampling was done. Heads of household were interviewed on demographics, access to health care, health status, food insecurity, forced displacement, forced labor, and other Human Rights Violations during the preceding 12 months. Ratios of the prevalence of household hunger comparing exposed and unexposed to each reported violation were estimated using binomial regression, and 95% confidence intervals (CIs) were constructed. Multivariate models were done to adjust for possible confounders. Overall, 91.9% of households (95% CI 89.7%–94.1%) reported forced labor in the past 12 months. Forty-three percent of households met FANTA-2 (Food and Nutrition Technical Assistance II project) definitions for moderate to severe household hunger. Common Violations reported were food theft, livestock theft or killing, forced displacement, beatings and torture, detentions, disappearances, and religious and ethnic persecution. Self reporting of multiple Rights abuses was independently associated with household hunger. Conclusions: Our findings indicate widespread self-reports of Human Rights Violations. The nature and extent of these Violations may warrant investigation by the United Nations or International Criminal Court. Please see later in the article for the Editors’ Summary.
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access to essential maternal health interventions and Human Rights Violations among vulnerable communities in eastern burma
PLOS Medicine, 2008Co-Authors: Luke C Mullany, Catherine I Lee, Lin Yone, Palae Paw, Cynthia Maung, Thomas J Lee, Chris BeyrerAbstract:Background Health indicators are poor and Human Rights Violations are widespread in eastern Burma. Reproductive and maternal health indicators have not been measured in this setting but are necessary as part of an evaluation of a multi-ethnic pilot project exploring strategies to increase access to essential maternal health interventions. The goal of this study is to estimate coverage of maternal health services prior to this project and associations between exposure to Human Rights Violations and access to such services.
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population based survey methods to quantify associations between Human Rights Violations and health outcomes among internally displaced persons in eastern burma
Journal of Epidemiology and Community Health, 2007Co-Authors: Luke C Mullany, Chris Beyrer, Catherine I Lee, Cynthia Maung, Adam K Richards, Voravit Suwanvanichkij, Mahn Mahn, Thomas J LeeAbstract:Background: Case reports of Human Rights Violations have focused on individuals’ experiences. Population-based quantification of associations between Rights indicators and health outcomes is rare and has not been documented in eastern Burma. Objective: We describe the association between mortality and morbidity and the household-level experience of Human Rights Violations among internally displaced persons in eastern Burma. Methods: Mobile health workers in conflict zones of eastern Burma conducted 1834 retrospective household surveys in 2004. Workers recorded data on vital events, mid-upper arm circumference of young children, malaria parasitaemia status of respondents and household experience of various Human Rights Violations during the previous 12 months. Results: Under-5 mortality was 218 (95% confidence interval 135 to 301) per 1000 live births. Almost one-third of households reported forced labour (32.6%). Forced displacement (8.9% of households) was associated with increased child mortality (odds ratio = 2.80), child malnutrition (odds ratio = 3.22) and landmine injury (odds ratio = 3.89). Theft or destruction of the food supply (reported by 25.2% of households) was associated with increased crude mortality (odds ratio = 1.58), malaria parasitaemia (odds ratio = 1.82), child malnutrition (odds ratio = 1.94) and landmine injury (odds ratio = 4.55). Multiple Rights Violations (14.4% of households) increased the risk of child (incidence rate ratio = 2.18) and crude (incidence rate ratio = 1.75) mortality and the odds of landmine injury (odds ratio = 19.8). Child mortality risk was increased more than fivefold (incidence rate ratio = 5.23) among families reporting three or more Rights Violations. Conclusions: Widespread Human Rights Violations in conflict zones in eastern Burma are associated with significantly increased morbidity and mortality. Population-level associations can be quantified using standard epidemiological methods. This approach requires further validation and refinement elsewhere.
Federico Fabbrini - One of the best experts on this subject based on the ideXlab platform.
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the european court of Human Rights extraordinary renditions and the right to the truth ensuring accountability for the gross Human Rights Violations committed in the fight against terrorism
Social Science Research Network, 2015Co-Authors: Federico FabbriniAbstract:On 13 December 2012, the European Court of Human Rights (ECtHR) delivered a milestone decision in the quest to ensure accountability of gross Human Rights Violations committed in the fight against terrorism. The case, El-Masri v The Former Yugoslav Republic of Macedonia, concerned the extraordinary rendition to torture of an individual wrongly suspected of being involved in terrorism activities. The ECtHR found that by seizing, detaining and secretly transferring Mr El-Masri to the custody of United States (US) intelligence agents, Macedonia had violated the prohibition of torture and inHuman and degrading treatment, the prohibition of arbitrary detention, the right to private and family life and the right to access to court as protected under the European Convention on Human Rights, and ordered the respondent government to pay damages in compensation. The decision of the ECtHR broke the wall of secrecy and impunity with which the case of Mr El-Masri had been treated at the domestic level and fully vindicated his Human Rights’claims. At the same time, the ECtHRcautiously endorsed a new paradigm of the 'right to the truth' that is: a right for the victim and the public at large to know about the abuses committed by governments in the field of national securitycincreasing the chances of accountability in future cases of gross Human Rights Violations. Nevertheless, the decision also left some issues open, as the ECtHR did not, and could not, address the culpability of US agents who effectively tortured Mr El-Masri in Macedonia, secretly transferred him to Afghanistan and detained him there in inHumane conditions. From this point of view, therefore, the article argues that the decision of the ECtHR should be seen as an opportunity for further action in the US to ensure the full vindication of the values on which our liberty, and our security, ultimately rest.
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the european court of Human Rights extraordinary renditions and the right to the truth ensuring accountability for gross Human Rights Violations committed in the fight against terrorism
Human Rights Law Review, 2014Co-Authors: Federico FabbriniAbstract:On 13 December 2012, the European Court of Human Rights (ECtHR) delivered a milestone decision in the quest to ensure accountability of gross Human Rights Violations committed in the fight against terrorism. The case, El-Masri v The Former Yugoslav Republic of Macedonia, concerned the extraordinary rendition to torture of an individual wrongly suspected of being involved in terrorism activities. The ECtHR found that by seizing, detaining and secretly transferring Mr El-Masri to the custody of United States (US) intelligence agents, Macedonia had violated the prohibition of torture and inHuman and degrading treatment, the prohibition of arbitrary detention, the right to private and family life and the right to access to court as protected under the European Convention on Human Rights, and ordered the respondent government * Assistant Professor of European and Comparative Constitutional Law, Tilburg Law School and Coordinator of the Research Group on ‘Constitutional Responses to Terrorism’ within the International Association of Constitutional Law (f.fabbrini@tilburguniversity.edu). I am grateful to David Cole, Lech Garlicki, Kasia Granat, Martin Scheinin, Sudha Setty and Clive Walker for their helpful comments on a first draft of this article. All errors remain my own. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Human Rights Law Review (2013), 1 of 26 Human Rights Law Review Advance Access published October 31, 2013
Luke C Mullany - One of the best experts on this subject based on the ideXlab platform.
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militarization Human Rights Violations and community responses as determinants of health in southeastern myanmar results of a cluster survey
Conflict and Health, 2015Co-Authors: William W Davis, Luke C Mullany, Matt Schissler, Saw Albert, Chris BeyrerAbstract:The Myanmar army and ethnic armed groups agreed to a preliminary ceasefire in 2012, but a heavy military presence remains in southeastern Myanmar. Qualitative data suggested this militarization can result in Human Rights abuses in the absence of armed engagements between the parties, and that rural ethnic civilians use a variety of self-protection strategies to avoid these abuses or reduce their negative impacts. We used data from a household survey to determine prevalence of select self-protection activities and to examine exposure to armed groups, Human Rights Violations and self-protection activities as determinants of health in southeastern Myanmar. Data collected from 463 households via a two-stage cluster survey of conflict-affected areas in eastern Myanmar in January 2012, were analyzed using logistic regression models to identify associations between exposure to state and non-state armed groups, village self-protection, Human Rights abuses and health outcomes. Close proximity to a military base was associated with Human Rights abuses (PRR 1.30, 95 % CI: 1.14-1.48), inadequate food production (PRR 1.08, 95 % CI: 1.03-1.13), inability to access health care (PRR 1.29, 95 % CI: 1.04-1.60) and diarrhea (PRR 1.15, 95 % CI: 1.05-1.27. Direct exposure to armed groups was associated with household hunger (PRR1.71, 95 % CI: 1.30-2.23). Among households that reported no Human Rights abuses, risk of household hunger (PRR 5.64, 95 % CI: 1.88-16.91), inadequate food production (PRR 1.95, 95 % CI: 1.11-3.41) and diarrhea (PRR 2.53, 95 % CI: 1.45-4.42) increased when neighbors’ households reported experiencing Human Rights abuses. Households in villages that reported negotiating with the Myanmar army had lower risk of Human Rights Violations (PRR 0.91, 95 % CI: 0.85-0.98), household hunger (PRR 0.85, 95 % CI: 0.74-0.96), inadequate food production (PRR 0.93, 95 % CI:0.89-0.98) and diarrhea (PRR 0.89, 95 % CI:0.82-0.97). Stratified analysis suggests that self-protection strategies may modify the effect of exposure to armed groups on risk of Human Rights Violations and some health outcomes. Militarization may negatively affect health in southeastern Myanmar, and village self-protection activities may reduce these impacts. As southeastern Myanmar opens to international health and development interventions, implementing agencies should consider militarization as a determinant of health and design interventions that can mediate its effects. Such interventions should take into account existing self-protection strategies, seek to provide support where possible and, at all times, take care not to unintentionally undermine them.
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health and Human Rights in chin state western burma a population based assessment using multistaged household cluster sampling
PLOS Medicine, 2011Co-Authors: Richard Sollom, Luke C Mullany, Adam K Richards, Parveen Parmar, Salai Bawi Lian, Vincent Iacopino, Chris BeyrerAbstract:Background: The Chin State of Burma (also known as Myanmar) is an isolated ethnic minority area with poor health outcomes and reports of food insecurity and Human Rights Violations. We report on a population-based assessment of health and Human Rights in Chin State. We sought to quantify reported Human Rights Violations in Chin State and associations between these reported Violations and health status at the household level. Methods and Findings: Multistaged household cluster sampling was done. Heads of household were interviewed on demographics, access to health care, health status, food insecurity, forced displacement, forced labor, and other Human Rights Violations during the preceding 12 months. Ratios of the prevalence of household hunger comparing exposed and unexposed to each reported violation were estimated using binomial regression, and 95% confidence intervals (CIs) were constructed. Multivariate models were done to adjust for possible confounders. Overall, 91.9% of households (95% CI 89.7%–94.1%) reported forced labor in the past 12 months. Forty-three percent of households met FANTA-2 (Food and Nutrition Technical Assistance II project) definitions for moderate to severe household hunger. Common Violations reported were food theft, livestock theft or killing, forced displacement, beatings and torture, detentions, disappearances, and religious and ethnic persecution. Self reporting of multiple Rights abuses was independently associated with household hunger. Conclusions: Our findings indicate widespread self-reports of Human Rights Violations. The nature and extent of these Violations may warrant investigation by the United Nations or International Criminal Court. Please see later in the article for the Editors’ Summary.
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access to essential maternal health interventions and Human Rights Violations among vulnerable communities in eastern burma
PLOS Medicine, 2008Co-Authors: Luke C Mullany, Catherine I Lee, Lin Yone, Palae Paw, Cynthia Maung, Thomas J Lee, Chris BeyrerAbstract:Background Health indicators are poor and Human Rights Violations are widespread in eastern Burma. Reproductive and maternal health indicators have not been measured in this setting but are necessary as part of an evaluation of a multi-ethnic pilot project exploring strategies to increase access to essential maternal health interventions. The goal of this study is to estimate coverage of maternal health services prior to this project and associations between exposure to Human Rights Violations and access to such services.
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population based survey methods to quantify associations between Human Rights Violations and health outcomes among internally displaced persons in eastern burma
Journal of Epidemiology and Community Health, 2007Co-Authors: Luke C Mullany, Chris Beyrer, Catherine I Lee, Cynthia Maung, Adam K Richards, Voravit Suwanvanichkij, Mahn Mahn, Thomas J LeeAbstract:Background: Case reports of Human Rights Violations have focused on individuals’ experiences. Population-based quantification of associations between Rights indicators and health outcomes is rare and has not been documented in eastern Burma. Objective: We describe the association between mortality and morbidity and the household-level experience of Human Rights Violations among internally displaced persons in eastern Burma. Methods: Mobile health workers in conflict zones of eastern Burma conducted 1834 retrospective household surveys in 2004. Workers recorded data on vital events, mid-upper arm circumference of young children, malaria parasitaemia status of respondents and household experience of various Human Rights Violations during the previous 12 months. Results: Under-5 mortality was 218 (95% confidence interval 135 to 301) per 1000 live births. Almost one-third of households reported forced labour (32.6%). Forced displacement (8.9% of households) was associated with increased child mortality (odds ratio = 2.80), child malnutrition (odds ratio = 3.22) and landmine injury (odds ratio = 3.89). Theft or destruction of the food supply (reported by 25.2% of households) was associated with increased crude mortality (odds ratio = 1.58), malaria parasitaemia (odds ratio = 1.82), child malnutrition (odds ratio = 1.94) and landmine injury (odds ratio = 4.55). Multiple Rights Violations (14.4% of households) increased the risk of child (incidence rate ratio = 2.18) and crude (incidence rate ratio = 1.75) mortality and the odds of landmine injury (odds ratio = 19.8). Child mortality risk was increased more than fivefold (incidence rate ratio = 5.23) among families reporting three or more Rights Violations. Conclusions: Widespread Human Rights Violations in conflict zones in eastern Burma are associated with significantly increased morbidity and mortality. Population-level associations can be quantified using standard epidemiological methods. This approach requires further validation and refinement elsewhere.
Thomas J Lee - One of the best experts on this subject based on the ideXlab platform.
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access to essential maternal health interventions and Human Rights Violations among vulnerable communities in eastern burma
PLOS Medicine, 2008Co-Authors: Luke C Mullany, Catherine I Lee, Lin Yone, Palae Paw, Cynthia Maung, Thomas J Lee, Chris BeyrerAbstract:Background Health indicators are poor and Human Rights Violations are widespread in eastern Burma. Reproductive and maternal health indicators have not been measured in this setting but are necessary as part of an evaluation of a multi-ethnic pilot project exploring strategies to increase access to essential maternal health interventions. The goal of this study is to estimate coverage of maternal health services prior to this project and associations between exposure to Human Rights Violations and access to such services.
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population based survey methods to quantify associations between Human Rights Violations and health outcomes among internally displaced persons in eastern burma
Journal of Epidemiology and Community Health, 2007Co-Authors: Luke C Mullany, Chris Beyrer, Catherine I Lee, Cynthia Maung, Adam K Richards, Voravit Suwanvanichkij, Mahn Mahn, Thomas J LeeAbstract:Background: Case reports of Human Rights Violations have focused on individuals’ experiences. Population-based quantification of associations between Rights indicators and health outcomes is rare and has not been documented in eastern Burma. Objective: We describe the association between mortality and morbidity and the household-level experience of Human Rights Violations among internally displaced persons in eastern Burma. Methods: Mobile health workers in conflict zones of eastern Burma conducted 1834 retrospective household surveys in 2004. Workers recorded data on vital events, mid-upper arm circumference of young children, malaria parasitaemia status of respondents and household experience of various Human Rights Violations during the previous 12 months. Results: Under-5 mortality was 218 (95% confidence interval 135 to 301) per 1000 live births. Almost one-third of households reported forced labour (32.6%). Forced displacement (8.9% of households) was associated with increased child mortality (odds ratio = 2.80), child malnutrition (odds ratio = 3.22) and landmine injury (odds ratio = 3.89). Theft or destruction of the food supply (reported by 25.2% of households) was associated with increased crude mortality (odds ratio = 1.58), malaria parasitaemia (odds ratio = 1.82), child malnutrition (odds ratio = 1.94) and landmine injury (odds ratio = 4.55). Multiple Rights Violations (14.4% of households) increased the risk of child (incidence rate ratio = 2.18) and crude (incidence rate ratio = 1.75) mortality and the odds of landmine injury (odds ratio = 19.8). Child mortality risk was increased more than fivefold (incidence rate ratio = 5.23) among families reporting three or more Rights Violations. Conclusions: Widespread Human Rights Violations in conflict zones in eastern Burma are associated with significantly increased morbidity and mortality. Population-level associations can be quantified using standard epidemiological methods. This approach requires further validation and refinement elsewhere.
Vivian Grosswald Curran - One of the best experts on this subject based on the ideXlab platform.
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harmonizing multinational parent company liability for foreign subsidiary Human Rights Violations
2016Co-Authors: Vivian Grosswald CurranAbstract:A notable development of recent years has been the simultaneous legal invisibility and ubiquity of the giant multinational corporation where its subsidiaries operate elsewhere under legal structures that preserve the parent company from liability for the subsidiary’s conduct. This article focuses on multinationals whose parent company is at home in a developed country and subsidiaries operate in a developing state, and specifically where the foreign subsidiary is alleged to have violated norms of universal Human Rights. It examines current legal theory, and offers a comparative perspective on legislative and judicial traditions and innovations in several home states of large multinational parent companies, including an expose of relevant aspects of the new Restatement (Fourth) of Foreign Relations Law of the United States, still in draft form, but approved by vote of the American Law Institute membership in May, 2016. Its overall goal is to explore transnational legal harmonization possibilities.In the aftermath of the Second World War and its upheavals, the 1948 Universal Declaration of Human Rights formed the basis of subsequent international Human Rights concepts, and may thus serve as a point of departure when considering victim Rights, however much narrower legal Rights may remain than their theoretical underpinnings. In the current era of transnationalization and deterritorialization, law has produced new challenges to Human Rights as circumstances have altered and destabilized existing structures. We have seen the ability of large corporations to operate across the globe beyond the reach of states with stricter Human Rights standards of conduct than often exist in the developing world, in part because universal Human Rights so far have had little claim in practice to universality or to the extraterritorial jurisdiction of courts. In the United States, jurisdictional standards have tightened since the Supreme Court Kiobel and Daimler decisions. Both of those decisions undertake to further comity, however, and recent legal developments in several countries, particularly in the area of legislation and court decisions, suggest that harmonization might yet eclipse enough of the divide among legal regimes of different nations to bring foreign subsidiaries’ Violations of Human Rights under extraterritorial jurisdiction, or, alternatively, to reconfigure the appropriate legal theory such that extraterritoriality ceases to be an issue. These developments, appropriate to a transnationalizing world and what may evolve in its wake, suggest the potential for increasing international and national laws’ respect for Human Rights issues in a variety of ways that need not be mutually exclusive.
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harmonizing multinational parent company liability for foreign subsidiary Human Rights Violations
Chicago Journal of International Law, 2016Co-Authors: Vivian Grosswald CurranAbstract:Table of ContentsI. Introduction........406A. General Background........406B. Corporate Veil Piercing and the Human Rights Dilemma......408II. Harmonization 415A. Introduction 415B. Legislation.........4151. France.........4152. A reluctance to act unilaterally: the examples of France and the U.S........ ..4173. Comity's growing role.......4184. Past U.S. extraterritorial legislation.........4195. The modern era 4206. The possibility of custom-made laws.........4217. Switzerland, Canada, and Sweden.........4218. Criminal Law 422C. Treaties 423D. Judicial Developments.........4241. Introduction......424a) Situating the U.S........424b) Corporation law 425(1) Single business enterprise liability........425(2) Agency 4262. The new Restatement (Fourth) of United States Foreign Relations 427a) Pre-existing domestic takings case law 428b) The new FSIA cases that created the Human Rights exception 429c) Under international law, the exhaustion of local remedies arises in cases under the jurisdiction of international tribunals, not of national courts.........4303. A last word about the judiciary and the U.S. presumption against extraterritoriality........4324. Home country case law developments outside of the U.S.........434a) France.........434b) The U.K.........436c) The Netherlands........438d) Canada.........440(1) HudBay.........440(2) Common law methodology and an expanded duty of care 442e) The E.U.........443E. Executive Action.........444F. International Criminal Liability.........446III. Conclusion.........446I. INTRODUCTIONA. General BackgroundRecent years have raised the issue of what globalization would and should mean for law, and in what ways the facility of encounter that is one of globalization's hallmarks affects law and law's diversity. Transnationalization has enabled both invisibility and ubiquity or, to borrow from the title of a 1929 essay by Valery, La conquete de i'ubiquite? the "conquest of ubiquity." One might describe this conquest of ubiquity for our purposes as the victory of economic or market forces. The ability of transnational corporations to become both legally ubiquitous and yet legally invisible has been bolstered as the world has been de-territorializing and national frontiers have been losing significance on numerous fronts. Paradoxically, Human Rights which have within them an inherent claim to universality, have not been able to accomplish this feat of the multinational corporation.2 International Human Rights have far more remained rooted in national legal systems, incapable of achieving the same efficiency of adaption to transnationalization.3International legal standards since the Universal Declaration of Human Rights have formed the basis of subsequent international Human Rights law.4 These standards have not proven easy to enforce legally, but should remain the backdrop for analyzing present and future legal developments. That "legal liability is narrower than moral or ethical responsibility"5 does not imply that legal theory is independent of either morality or ethics.In the U.S., the issue of extraterritorial jurisdiction over subsidiaries arose after the Second World War, not only as multinational corporations began to flourish, but especially as "a flow of common information" began to enable strategic corporate management.6 Originally, the issue was one of two conflicting state interests and generally concerned an effort to control trade against an enemy or to further another national policy goal that involved restricting the trade of third countries. The issue of individual Human Rights victims was generally absent. …
