The Applicability of the Alien Tort Statute to Human Rights Violations by Private Corporations

Hannah Dittmers

DOI: 10.17160/josha.4.2.296

The Supreme Court of the United States in April 2017 announced to decide on an issue that is not uniformly assessed by US circuit courts: The highest US court granted the petition for certiorari on the question whether private corporations can be sued under the Alien Tort Statute of 1789, a rather cryptic US law that allows foreign plaintiffs to sue defendants before US courts for their violations of international (human rights) law. Among the circuit courts, the famous Kiobel decision of the Second Circuit was the only opinion that denied that corporations can be held accountable under the Act. Now the Supreme Court is going to rule on the contentious question, the answer to which will possibly have implications for the human rights litigation worldwide. Affiliation: University of Michigan Law School.

The Law or: The affliction (Das Gesetz oder: Die Heimsuchung)

Hans-Joachim Behrendt

Affiliation: Criminal Law Department, Friedrich-Schiller-University Jena, Germany

DOI: 10.17160/josha.4.2.291

The article follows the life story of Oedipus as it is told by Sophocles in “King Oedipus”. The drama shows, that Oedipus´ fate is nearly inescapably determined by marks, that early traumatic incest with his mother has left on his character. Thus the Sophoclean play as a whole is the continuous description of a merciless duel between Oedipus and his mother, who either appears in a preoedipal form as the Sphinx or as an oedipal figure. The method of interpretation here applied apparently is based on psychoanalysis. The article supports the opinion, that modern psychological- psychiatric understanding of the parent – child – incest is hardly ahead of the view taken by Sophocles in ancient times. [Article in German] Picture by Carole Raddato from FRANKFURT, Germany.

Commercial Agents (Council Directive) Regulations 1993: English and Scottish commercial courts interpretations of the law reflect reality

Charles Mak

Affiliation: Faculty of Law, The Chinese University of Hong Kong

DOI: 10.17160/josha.4.2.289

This article seeks to analyse whether the ways Commercial Agents (Council Directive) Regulations 1993 have been interpreted prove that English and Scottish commercial courts understand commercial law as a mirror to the changing nature of commercial practices. This article is divided into two parts. The first part will examine those main confusions that arise from the Regulation. Furthermore, the article will discuss whether the English and Scottish commercial courts have clarified their scope of application and ensure their efficiency in protecting commercial agents by their interpretation of the regulations.

The Growth of Pharmaceutical Business in Borno State, Nigeria, 1976-1999

Usman Al-amin, Halima Baba Shehu , Fati Mohammed Ngaran

Affiliation: Department of History, University of Maiduguri Borno State, Nigeria

DOI: 10.17160/josha.4.2.286

Pharmaceuticals, especially drug distribution, are so priceless that no nation can survive without them. This business has virtually touched the lives of people in so many ways. This work focuses on pharmaceutical business in Maiduguri, Borno State of Nigeria from 1976 to 1999. Primary and secondary sources generated from interviews and documentary data from libraries and other centers formed the bedrock of the data used herein. The primary sources included: interviews with present pharmaceutical operators, random sample interviews with wholesalers, retailers, peddlers, pharmacists, and individuals of the Borno State Ministry of Health, NAFDAC officials as well as some of the oldest operators of pharmaceutical stores in Borno State.

The Role of Community-Based Agricultural and Rural Development Programme in Poverty Reduction in Bursari Local Government Area of Yobe State, Nigeria: 2005-2009

Usman Al-amin, Halima Baba Shehu , Fati Mohammed Ngaran

Affiliation: Department of History, University of Maiduguri Borno State, Nigeria

DOI: 10.17160/josha.4.2.285

The Community Base Agricultural and Rural Development Programme (CBARDP) in conjunction with International Fund for Agricultural Development (IFAD subsequently referred as CBARDP/IFAD) is an important poverty reduction programme. The programme contributed to the improvement of the lives of the people, particularly the vulnerable in poor rural participating areas, which also helped in the prevention of degradation of the environment. This study examines the role of the programme in poverty reduction in the participating communities of Guba, Kaliyari, and Kurnawa in Bursari Local Government Area of Yobe State, Nigeria from 2005–2009. In doing so, examination of relevant materials and conduction of interviews with some of the beneficiaries of the scheme and staff of the programme formed the sources of data used in analysing the impact of the programme.

Professor Dr. Günter Hager in Memoriam

Boris Paal, Uwe Blaurock, Florian Asche

Affiliation: Faculty of Law, Albert-Ludwigs University of Freiburg

DOI: 10.17160/josha.4.1.273

In memoriam Günter Hager: Obituary speeches in German by his former colleagues and friends honouring Günter Hager's life, professional activities, and personality on February 28, 2017. [Article in German] Prof. Dr. Boris Paal, M.Jur. (Oxford) is Dean of the Faculty of Law of the Albert-Ludwigs University Freiburg. He is Director of the Institute for Media and Information Law, Dept. I: Civil and Economic Law, Media and Information Law, at the Albert-Ludwigs University of Freiburg. Professor Dr. Uwe Blaurock has been a full professor at the Albert-Ludwigs-University Freiburg since 1995 , where he was Director of the Institute of Economic Law from 1995 to 2011. From 2002 to 2004 he was Dean of the Faculty of Law. In 2011 he became Professor emeritus. Since 1999 he has been a concurrent professor at Nanjing University, and since 2001 he has been President of the German-Chinese Law Association. Dr. iur.

Günter Hager 1943-2017

Roland Mertelsmann

Affiliation: Albert-Ludwigs Universität, Freiburg

DOI: 10.17160/josha.4.1.272

On 19 February 2017, Prof. Dr. Günter Hager, member of the JOSHA Editorial Board for the Section "Philosophy, Ethics and Law", died at the age of 73 years. He contributed decisively to the success of JOSHA in the conception of our journal, the content design, and development, as well as his own important contributions. Until his retirement in 2011, he was a professor of civil law with a focus on International Private Law. After his retirement, Günter Hager increasingly dealt with questions of ethics and the environment and nature conservation, publishing many of his great works in JOSHA. With him, we lost not only a great legal scholar and an important editor of JOSHA but also a wonderful friend who was broadly interested in literature and music and whose narratives were, as it were, creative, humorous, and linguistically refined. One of his favorite aphorisms from his inexhaustible fund of quotations was "What is to be dismissed this minute, no eternity will return.

Enough. Concerning me. - Summer School 2017 in Wittenberg

Evangelisches Studienwerk e.V. I ohner Straße 25 58239 Schwerte

DOI: 10.17160/josha.4.1.271

Enough. Concerning me. Different facets of one statement – encouraging and setting limits at the same ime. We want to arouse curiosity, stimulate new approaches and think out the future. At the Summer School 2017 in Wittenberg, in the middle of the Reformation anniversary, we want to broaden our horizons and get personal: letting ourselves be concerned. On over 100 pages we have collected details on the seminars, workshops and events for you. They focus on the general topic – and are interdisciplinary, outward-looking and interreligious. You can see it from the structure of this booklet: just as the German and English appear side by side, in the Reformation Summer many educational experts will complement and challenge one another with international perspectives in over 30 seminars. Their individual styles are represented in the seminar descriptions. The general topic arose from some hard thinking by undergraduates and doctoral students exactly a year ago.

Ethnic Identity from a Macro-Sociological Perspective: Second-generation Iranian “immigrants”

Fereshteh F. Ahmadi

Affiliation: Professor in Sociology, University of Gävle

DOI: 10.17160/josha.4.1.266

A feeling of chosenness can result in isolation from other nations and ethnic groups. As it seems, such a feeling of ethnic chosenness may have led to a tendency toward ethnocentrism and in some extreme cases, towards racism found among some Iranians (30%-40% according to the world value survey). Such an ethnocentrism may have negative effects on the identity construction of young people, particularly those outside Iran. In the present article, based on studies conducted among Iranian-Swedish and Iranian-American young people, I will try to shed light on this problem. Key words: Racism, Iranians, Second-generation “immigrants”, Ethnocentrism, National identity, Ethnic identity

Democratic reciprocity model: a justification of continued access to an investigational medicine in clinical research

Ignacio Mastroleo

Affiliation: CONICET

DOI: 10.17160/josha.3.7.257

In this paper, Dr. Mastroleo develops a normative model for the obligation of continued access to an investigational medicine towards research subjects from the perspective of social or distributive justice inspired in the theory of justice of John Rawls. He calls this the democratic reciprocity model. The original idea of the democratic reciprocity model is to claim that the obligation of continued access correlates with the right to health. Thus, within the Rawlsian framework, he argues that the moral reasons giving weight to the obligation of continued access are, indirectly, the principle of fair equality of opportunity and, directly, the duty of justice and/or the principle of fairness that apply to the members of a society understood as a system of social cooperation. INSTITUTION: CONICET, Argentina. [Article in Spanish]