Posts Tagged ‘international human rights’

“Human rights barrister” Amal Clooney

Yet another occasion to note that what passes for human rights advocacy is often nothing of the sort: famous “human rights barrister” Amal Clooney, alas, appears to be arguing the speech-suppressive side of a high-profile freedom of speech case. [Telegraph]

More, and clarification: Walter Katz responds, condensed from Twitter, to a Ted Frank tweet characterizing Clooney as having sided against speech: “This completely misrepresents Clooney’s role. Turkey was not a party to the initial prosecution at the initial ECHR appeal, Turkey did appear and basically argued there was no genocide to deny. The ECHR opinion was ambiguous about the genocide factual question. It is that specific issue which Armenia is challenging, i.e. court, don’t buy Turkey that there was no genocide. Armenia’s argument has little to do with the free expression issue.” Cite: Asbarez.com.

My response, again patched together and condensed from Twitter: My reading of the Asbarez coverage: Clooney’s co-counsel Geoff Robertson, from the same “human rights” law firm Doughty Street Chambers, argued pro-conviction on frank anti-speech grounds. If she left the pro-censorship advocacy to her law partner and handled only a narrower issue — I hope because she disagrees with him! — then, yes, a point in her favor. Update: this video does show her approximately six-minute speech focusing on the “setting the record straight” issue and on Turkish government hypocrisy. Whatever this may or may not illuminate about Clooney’s personal involvement, the coverage in both the Telegraph and Asbarez makes it hard for me to go along with the idea that either Armenia’s role or Robertson’s arguments on its behalf have “little to do with the free expression issue.”

Ted Frank’s response, once more condensed: “The story says she is ‘defending the conviction.’ Armenia’s role in the case is arguing for reinstatement of conviction. [Citing Clooney’s comments about not aiming to restrict free speech is] putting too much weight on a self-serving disingenuous throwaway line. ‘Free speech but’ not free speech.”

Full hearing video here.

International human rights law roundup

Not a parody: “Court tells France to pay damages to Somali pirates”

Great moments in international human rights law: “The European Court of Human Rights says France violated the rights of Somali pirates who had attacked French ships and has ordered compensation for them over judicial delays. The nine Somali pirates should get thousands of euros because they were not immediately brought before a French judge, the court ruled.” [BBC via Eugene Kontorovich]

Dodd-Frank conflict minerals fiasco, cont’d

[reposted from Cato at Liberty]

Economic sanctions, when they have an effect at all, tend to inflict misery on a targeted region’s civilian populace and often drive it further into dependence on violent overlords. That truism will surprise few libertarians, but apparently it still comes as news to many in Washington, to judge from the reaction to this morning’s front-page Washington Post account of the humanitarian fiasco brought about by the 2010 Dodd-Frank law’s “conflict minerals” provisions. According to reporter Sudarsan Raghavan, these provisions “set off a chain of events that has propelled millions of [African] miners and their families deeper into poverty.” As they have lost access to their regular incomes, some of these miners have even enlisted with the warlord militias that were the law’s targets.

Congress added the provisions to Dodd-Frank in a fit of moral self-congratulation over making sure Americans had the chance to be ethical and thoughtful consumers of such products as jewelry and cellphones (as well as thousands of other products, as it turned out, from auto parts to the foil in food packaging). Publicly held companies would be required to report on their supply connections to “conflict minerals” such as tin, tungsten, and gold mined in war-torn areas of the Democratic Republic of the Congo. Lawmakers assigned enforcement of the law to the Securities and Exchange Commission – a body with scant discernible expertise in either African geopolitics or metallurgy – and barbed it with stringent penalties for disclosure violations, to which are added possible liability in class-action shareholder lawsuits.

Reactions to this morning’s Post account frequently employ words like “unintended” or “tragic” to describe the effect on miners of the law, which people in the Congo soon came to call “Loi Obama” – “Obama’s law”.  Unintended and tragic? Maybe. But not unforeseen, because the signs that the law would backfire this way have been in plain sight for years now – as in this 2011 account by Prof. Laura Seay (via) of how “electronics companies now have a strong incentive to source minerals elsewhere, leaving Congolese miners unemployed.” Or this 2011 account by David Aronson in the New York Times of the “unintended and devastating consequences” that he “saw firsthand on a trip to eastern Congo.” Or this more recent paper by law professor Marcia Narine.

But although the evidence has been there for years, the will to believe in the law was too strong – a will fueled by anti-corporate campaigners who take it on faith that when brutalities in the underdeveloped world occur within two or three degrees of separation of the activities of multinational businesses, the right answer must be to blame and shame the businesses.

You might call it an expensive lesson for Americans too, if you assume that anything has been learned. A recent Tulane calculation found that the costs in business compliance have already topped $700 million, with billions more ahead should nothing change. Just this September, the U.S. government conceded that it “does not have the ability to distinguish” which refiners and smelters around the globe are tainted by a connection to militia groups. That is to say, the government has demanded of business a degree of certainty that it cannot achieve itself.  Courtesy of UCLA corporate law professor Stephen Bainbridge, here’s a flowchart of what complying might involve for a given business.

If the new Republican Congress wants to be taken seriously about fixing counterproductive regulation, it should make the repeal of this law an early priority. (& Bader)

Coo coo for conflict minerals

The U.S. government has conceded that it can’t actually tell “which refiners and smelters around the world are financially fueling violence in the war-torn Congo region.” However, under a law passed by Congress in a fit of moral self-congratulation, publicly held companies are still going to be subject to stringent penalties for disclosure violations if they screw up on the reporting of these ultimately untraceable connections. Time for repeal [Bainbridge, Emily Chasan/WSJ CFO Journal blog; earlier] Update: Cost of disclosure reported by Tulane study at $700 million [Bainbridge]

“U.S. Senate panel advances global disabilities treaty”

“The Senate Foreign Relations Committee voted 12-6 in favor of the U.N. Convention on the Rights of Persons with Disabilities.” I’ve outlined the insuperable problems with the CRPD on many occasions, e.g. here (see also here, here, etc.). It’s not clear why Sens. Robert Dole and John McCain would think the best way to honor American military veterans is to yield up U.S. sovereignty over large swaths of domestic governance. [Reuters]

International human rights law roundup

A “Stand Your Ground” backgrounder

Decent articles on Stand Your Ground in the general press are relatively few, being far outnumbered by those that are sensationalist, axe-grinding or simply uninformed. So it’s nice to be able to recommend this one by Peter Jamison in the Tampa Bay Times [via Jacob Sullum].

In other news, a United Nations panel in Geneva monitoring compliance with international human rights law has questioned a wide range of United States domestic policies, including some states’ adoption of Stand Your Ground as well as lack of gun control and other offenses. “The committee is charged with upholding the International Covenant on Civil and Political Rights (ICCPR), a UN treaty that the US ratified in 1992.” Another reminder that treaties have consequences, and that ratification of other purported human rights treaties, such as the Convention on the Rights of Persons With Disabilities (CRPD), would not be without public consequences relating to many domestic policies. [Guardian]

Tales of NYC tenant-security law

Although we call it “rent control,” the key thing it controls is often not so much what you can charge for a lodging as whether you can ever reclaim it. This recluse successfully held out for $17 million to relinquish his moldy, squalid rented lodging at what is now 15 Central Park West. [New York Post]

P.S. But at least the U.N. likes the idea. While on the subject of legal insanity in NYC real estate: Andrew Rice, New York mag, “Why Run a Slum If You Can Make More Money Housing the Homeless?” I wrote about the epic New York City homeless-rights litigation in Schools for Misrule, and more links are here.