International human rights law Part 34

Intellectual Property Law and Indigenous Peoples: Adapting Copyright Law to the Needs of a Global Community
Megan M. Carpenter
Yale Human Rights & Development Law Journal
Volume 7, 2004

The definition and scope of intellectual property and associated laws are under intense debate in the emerging discourse surrounding intellectual property and human rights. These debates primarily arise within the context of indigenous peoples’ rights to protection and ownership of culturally specific properties. It is true that intellectual property laws are based on Western, developed markets, Western concepts of creation and invention, and Western concepts of ownership. But whatever their origins, those laws have been, and currently are, the primary vehicle for the protection of artistic, literary, and scientific works worldwide. To segregate indigenous interests from this international legal regime, particularly in light of the increasing globalization of markets, is to deny indigenous peoples both a powerful legal shield and a powerful legal sword. This Article argues that copyright laws can, and must, be expanded so as to maintain the vitality of, and protect, the creative artistic and literary works of indigenous cultures. The Article proposes three major changes to International copyright law: the incorporation of collective and communal notions of authorship, the expansion of the originality requirement to reflect these forms of authorship, and the application of limits on the duration of copyright protection in a broader community context. The Article further proposes that a variety of intellectual property mechanisms be drawn upon to provide special protection for “sacred”cultural works.

The Human Right to Housing: Making the Case in U.S. Advocacy
Maria Foscarinis, Brad Paul, Bruce Porter, and Andrew Scherer
Clearinghouse Review
Volume 38, Numbers 3-4, July-August 2004 p.97

International human rights law recognizes a right to housing and imposes on governments the obligation to devote the “maximum of available resources”to fulfilling the right. Poverty law advocates in the United States are relying more on international law in work on issues of housing and homelessness and using legislative, litigation, and policy approaches. Although the U.S. government has been reluctant to recognize a right to housing, some courts are applying international human rights law in domestic cases.

From Talk to Walk: The Emergence of Human Rights Responsibilities for Corporations at International Law
David Kinley & Junko Tadaki
Virginia Journal of International Law
Volume 44, Number 4, Summer 2004 p.931

Stoning Single Nigerian Mothers for Adultery: Applying Feminist Theory to an Analysis of Gender Discrimination in International Law
Sarah Crutcher
Hastings Women’s Law Journal
Volume 15, Number 2, Summer 2004 p.239

In 2003, an Islamic Sharia court in northern Nigeria sentenced Amina Lawal to death by stoning for having sex outside of marriage. After the man Lawal named as the father of her baby was acquitted for lack of evidence, the international community pressured Nigeria to oppose the ruling by adhering to its own constitutional provisions, and international law prohibiting torture and gender discrimination. This article explores the fundamental conflicts between international human rights law and Islamic law as implemented by Sharia courts. The author cites the UN Charter, the Universal Declaration of Human Rights , jus cogens and Customary International Law , and the human rights treaty regimes as relevant sources of international human rights norms. By approaching the conflict through a variation on feminist theory, this article provides an alternative to the universalist/cultural relativist dichotomy that often functions to polarize the dialogue between proponents of locally implemented Islamic law, and supporters of the theory of inherent, universal human rights.

Author: international

Mentioned in these Entries

Advocacy, Customary International Law, International copyright, International human rights law.