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The International Journal
of Not-for-Profit Law

Volume 4, Issue 1, September 2001

A publication of the International Center for Not-for-Profit Law

Table of Contents

Letter from the Editor

Corporate Philanthropy and Social Responsibility in Latin America

La Filantropia Empresarial: Un Deber Moral, Social y Legal
por Antonio L. Itriago Machado y Miguel Angel Itriago Machado

Conference Report on the "Simposio de Responsabilidad Social Empresarial en Las Américas"

Corporate Social Responsibility Conference

Conference on Corporate Social Responsibility

New Web Site to Encourage Social Responsibility


Trends in Self-Regulation and Transparency of Non-Profit Organization in the U.S.
By Robert O. Bothwell

ICNL'S Educational Initiative for Central and Eastern Europe: One Year Later
By Radost Toftisova

An Overview of Issues in Charity Litigation in Malaysia 2001
By Mary George

Charity, Politics and the Human Rights Act 1998: Chasing a Red Herring?
By Graham Moffat

Case Notes

Asia Pacific:

Central and Eastern Europe:

Latin America:
The Bahamas

Middle East and North Africa:

North America:
The United States

Western Europe:
The Netherlands
| Switzerland | Turkey

Country Reports

Asia Pacific:
| Australia | Cambodia | East Timor | Indonesia | Malaysia | New Zealand

Central and Eastern Europe:
Regional | Albania | Croatia | Hungary | Romania

Latin America and the Caribbean:
Regional | Argentina | Bermuda | Chile | Guatemala | Saint Lucia

Middle East and North Africa:
Egypt | Iran | Israel

Newly Independent States:
Armenia | Kazakhstan | Kyrgyzstan | Moldova | Russia | Tajikistan | Ukraine

North America:

South Asia:

Sub-Saharan Africa:
| South Africa | Tanzania | Uganda

Western Europe:
Austria | Ireland | Scotland | Turkey | the United Kingdom

The London School of Economics Conference | The United Nations Global Compact

Self-Regulation Reports

The Humanitarian Accountability Project

New Publication on Transparency and Accountability

Tazania's First National NGO Forum Disucsses a Draft Code of Conduct

The United Kingdom:
Reports on Developments with Respect to Self-Regulation in the UK


Charity Law Matters
By Ronan Cormacain, Kerry O'Halloran, Arthur Williamson
Reviewed by Karla Simon


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Editorial Board

Self-Regulation Reports

The Humanitarian Accountability Project

Established in Geneva earlier this year as an “inter-agency initiative towards those affected by crisis situations and to facilitate improved performance within the humanitarian sector,” the Humanitarian Accountability Project (HAP) has just established a website at www.hapgeneva.org.   

Dr. Agnes Callamard, Co-Director of HAP, writes that the project will begin to explore the legal dimensions within which humanitarian activities take place in order to help to formulate legal and ethical standards affecting UN agencies, funding states, and international humanitarian NGOs carry out their activities toward affected populations. 

The following note from HAP describes the scope of the project and its goals:

Issues to be Addressed:  

  1. What legal standards apply to:
    • UNHCR, other UN agencies
    • Donor governments  
    • NGO’s
  2. Under what circumstances do the following laws apply:
    • International Humanitarian Law
    • Human Rights Law
    • Refugee LawRefugee Convention
    • Principles on internally displaced persons
    • Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
    • Convention on the Rights of the Child (CRC)
    • Domestic laws in country of conflict  
    • Domestic laws of country of the actor
    • MOU’s
    • UN SC Resolutions
    • Codes of Conduct
    • Contracts
    • Professional Standards 
    • Internal standards developed by the organization providing assistance
  3. How do the various laws interact; are there conflicts?
  4. What are the legal obligations of the actors involved in humanitarian activities?
  5. What ethical obligations are there for the actors involved in humanitarian activities?
  6. When there is no functioning domestic legal system, what rule of law applies and who can enforce it?
  7. Who or what determines the obligations of the actors – do they decide for themselves or is there another source of obligation?
  8. Once an organization offers assistance, what obligations, if any, attach? Does the organization have an affirmative duty to carry out its obligations?
  9. What if the obligations are not met; what is the sanction or recourse?
  10. If an obligation does exist, to whom do they owe the obligation – the local government or the population being served?
  11. What problems arise due to overlapping or conflicting obligations of various organizations?
  12. If Memorandums of Understanding are used, what obligations arise from them and are there any means of enforcing the obligations?

Goals of the Project:

For further information about HAP, please contact Dr. Callamard at callamard@hotmail.com.


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