Papers by Stefanie Khoury
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Capital & Class, 2021
This article presents an analysis of the way that profit-making corporations have sought human ri... more This article presents an analysis of the way that profit-making corporations have sought human rights protections in the following two regional human rights courts: the European Court of Human Rights and the Inter-American Court of Human Rights. It seeks to deepen our understanding of a controversial principle in that corporations can claim protections as ‘legal persons’. After exploring precisely how and why each of those regional systems have accepted claims for human rights protections by corporations and their shareholders, the article then develops an analysis of what the way that the regional human rights courts have carefully weighed their decisions implies more broadly about the prospects for human rights law to exhibit either system-threatening or system-preserving tendencies. The article then concludes by setting out a general principle of social ordering that underpins the decisions made in human rights courts.
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Counter-Terrorism and State Political Violence, 2012
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Journal of White Collar and Corporate Crime, 2021
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There is empirical evidence that corporations, often in collusion with states, are involved in an... more There is empirical evidence that corporations, often in collusion with states, are involved in and directly connected to a variety of human rights violations. Despite this evidence, nation-states and the international community of states have been unwilling or unable to respond to these violations in any adequate measure. At the same time, the discourse of human rights has become integral to state legitimacy in a post-Cold War society. An analysis of the legal structure of the corporation and its omnipresence in the global political economy raises questions about the overarching framework of an international human rights law that protects corporations in analogous ways to physical persons. The extension of rights to corporations reveals a human rights paradigm that holds private property and capitalist accumulation at the core of its value system. This thesis scrutinises the association between human rights and corporations and raises questions about whether human rights law can be ...
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Journal of Human Rights, 2019
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Asian Journal of Social Science, 2018
The role of business in violations of human rights has been at the heart of international debates... more The role of business in violations of human rights has been at the heart of international debates for decades. As early as the 1970s attempts were made at the UN by Global South nations (known as the G-77) to establish internationally-binding mechanisms to address corporate violations of human rights. Ultimately, those attempts were watered down into “codes of conduct”. In the early 1990s, the “Washington Consensus” was used to steer states to deregulate and restructure their economies in a race-to-the-bottom that placed emphasis upon integrating the global economy over human rights and environmental protections. Although corporate violations existed before, it was only at this juncture that many human rights cases were brought into public view. Some litigation was pursued, but it was most often in tort, and sometimes in criminal courts. This article argues that the existing regional human rights courts have bolstered corporate human rights, while at the same time have remained on t...
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This chapter explores the extent to which the international human rights system can be said to be... more This chapter explores the extent to which the international human rights system can be said to be truly hegemonic. By doing so it sets up a framework for exploring the prospects for the emergence of popular struggles for reform that might re-position the imbalance between corporate power and popular power. It argues that as the international legal system develops, it is likely that its political mechanisms, just as the ‘civil society’ structures that support it, will exert a greater degree of autonomy and exist as an increasingly rarefied and exceptional political space. It is this tendency that makes the prospects for a truly global counter-hegemony barely viable at the current juncture, leaving the international order more vulnerable to prevailing Washington Consensus. Yet, at the same time, the existence of counter-discourses and practice at the global level does indicate that the foundations of domination are not entirely solid. In particular, human rights law, due to the universality and protection of humanity it formally claims, appears more amenable to a global consensus than other sites of struggle.
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Critical Criminology, 2017
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Oñati Socio-legal Series
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Sortuz Onati Journal of Emergent Socio Legal Studies, 2010
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Journal of Human Rights, 2019
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This paper applies a Gramscian analytical framework to scrutinise the judicial decision-making pr... more This paper applies a Gramscian analytical framework to scrutinise the judicial decision-making process. Based on two distinct research projects, the article explores how on one hand judges in criminal courts can be identified as part of the bureaucratic machinery of the state, as 'technicians of repression'; whereas, on the other hand, human rights judges can be distinguished as providing 'moral and intellectual leadership' in their production and reproduction of certain values. Some of the key questions this article seeks to answer are: What is the role of hegemony in the judicial decision-making process? To what extent are legal actors both 'technicians of repression' and 'moral and intellectual leaders'? This paper uses examples from empirical research conducted at courts in Argentina and at the European and Inter-American Courts of Human Rights to identify and explore this dual role of judges as both repressive technicians and moral and intellectual leaders in neo-liberal capitalist societies.
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Papers by Stefanie Khoury
The Research Handbook brings together thirty-three scholars of Marx, Marxism, and law from around the world to offer theoretically informed introductions to the Marxist tradition of social critique, contemporary Marxist analyses of law and rights, and future orientations of Marxist legal analysis. Chapters testify to the strength of Marxist critical tools for understanding the role of law, rights, and the state in capitalist societies.
Exploring Marxist critique across an extraordinarily wide range of scholarly disciplines, this Research Handbook is a must-read for scholars of law, politics, sociology, philosophy, and political economy who are interested in Marxism. Graduate and advanced undergraduate students in these and related disciplines will also benefit from the Research Handbook.
The volume is edited by Paul O'Connell (Reader in Law, SOAS, University of London) and Umut Özsu (Associate Professor of Law and Legal Studies, Carleton University).
Contributors include Max Ajl (Postdoctoral Researcher, Department of Social Sciences, Rural Sociology Group, Wageningen University & Research), Rémi Bachand (Professor of Law, Université du Québec à Montréal), Miriam Bak McKenna (Lecturer in Law, Lund University), Clyde W. Barrow (Professor of Political Science, University of Texas Rio Grande Valley), Enzo Bello (Associate Professor, Universidade Federal Fluminense, Rio de Janeiro), Bill Bowring (Professor of Law, Birkbeck, University of London), Honor Brabazon (Assistant Professor of Sociology and Legal Studies, St. Jerome’s University in the University of Waterloo), Gustavo Capela (PhD Candidate in Anthropology, University of California, Berkeley), Cosmin Sebastian Cercel (Associate Professor of Law, University of Nottingham), B. S. Chimni (Distinguished Professor of International Law, OP Jindal Global University), Pablo Ciocchini (Lecturer in Criminology, University of Liverpool), Natalia Delgado (Lecturer in Law, University of Southampton), Matthew Dimick (Professor of Law, University of Buffalo), Radha D’Souza (Reader in Law, University of Westminster), Michael Head (Professor of Law, Western Sydney University), Nate Holdren (Associate Professor of Law, Politics, and Society, Drake University), Rob Hunter (Independent Scholar, PhD in Politics, Princeton University), Talina Hürzeler (Independent Scholar, LLB, University of New South Wales), Bob Jessop (Emeritus Professor of Sociology, University of Lancaster), Rene José Keller (Independent Scholar, PhD in Law, Universidade do Estado do Rio de Janeiro, and PhD in Social Work, Pontifícia Universidade Católica do Rio Grande do Sul), Rafael Khachaturian (Lecturer in Critical Writing, University of Pennsylvania), Stéfanie Khoury (Independent Scholar, PhD in Sociology of Law, Università degli Studi di Milano and Universidad del País Vasco), Dimitrios Kivotidis (Lecturer in Law, University of East London), Daniel McLoughlin (Senior Lecturer in Law, Society, and Criminology, University of New South Wales), Eva Nanopoulos (Senior Lecturer in Law, Queen Mary, University of London), August H. Nimtz (Professor of Political Science and African American and African Studies, University of Minnesota), Paul O’Connell (Reader in Law, SOAS, University of London), Chris O’Kane (Assistant Professor of Political Science, University of Texas Rio Grande Valley), Rebecca Schein (Associate Professor of Interdisciplinary Studies, Carleton University), Igor Shoikhedbrod (Assistant Professor of Political Science and Law, Justice, and Society, Dalhousie University), Nimer Sultany (Reader in Law, SOAS, University of London), Christine Sypnowich (Professor of Philosophy, Queen’s University), and Ahmed White (Professor of Law, University of Colorado at Boulder).