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In recent years the lawfulness of certain types of sanctions and the question about the usefulness of sanctions in general have become topical and widely discussed issues. Of special significance is the expanding use by powerful states of unilateral coercive measures without Security Council authorisation, or beyond Security Council authorisation, to illustrate their displeasure with the domestic or foreign policies of certain members of the international community. Over time the nature of these measures has taken on diverse forms and their encroachment on human rights and freedoms has become a matter of international concern. This contribution examines the developments that have taken place in this context since the 2000 report of the Working Group on the negative impact of sanctions by focussing on the interventions by key United Nations bodies. [ABSTRACT FROM AUTHOR]

This paper assesses the interplay between international human rights law and international biomedical law as two specialised regimes within international law. The focus lies specifically on the anticipatory duties arising under the human right to benefit from science and its applications on the one side and under international biomedical law on the other. International biomedical law instruments adopt a human rights-based approach to the regulation of biology and medicine, so one of the questions is whether the anticipatory duties in biomedical law are indeed a specific application of the corresponding duties in international human rights law, modified, expanded and elaborated further to better address the distinctive subject matter, namely, the interface between the individual and science and technology in a medical context? Or whether the anticipatory duties in international biomedical law draw from international environmental law and/or general international law? The main question that this paper aims to address concerns the precise scope and content of the anticipatory duties under international biomedical law and their relationship to human rights. [ABSTRACT FROM AUTHOR]

Why do consolidated democracies incorporate international human rights law (IHRL) treaties into national law? Existing research suggests contrastive accounts of the participation of democracies in IHRL regimes. While overall more likely to ratify, consolidated democracies are sometimes reluctant to accept demanding human rights commitments and less likely than both newly democratic and authoritarian regimes to incorporate international law in their constitutions. To theorize why established democracies commit to IHRL, this paper provides a comparative process tracing of the decisions to incorporate the European Convention on Human Rights (ECHR) into national law in Denmark and Sweden in the early 1990s. Why did these solid democracies with an exceptional commitment to human rights wait over 40 years to give domestic effect to a treaty they had helped create? Assessing rival theories of state commitment to human rights norms, the findings suggest that contextual developments in European law provided an opportunity for domestic political elites to seek insurance by incorporating the ECHR to place constraints on executive power. The argument qualifies claims about material strategizing or socialization to European norms as the primary drivers of incorporation. [ABSTRACT FROM AUTHOR]

This article discusses the Soviet contribution to the Universal Declaration of Human Rights (UDHR) and the interplay between the UDHR and Soviet legal system. The paper focuses on legal aspects of the Soviet Union's lack of interest in the UDHR and argues that, due to the nature of the Soviet political regime, which can be defined as a political religion, Soviet law itself was fully incompatible with any meaningful idea of human rights. In order to demonstrate this incompatibility, the paper explores three aspects of Soviet law: Marxist-Leninist philosophy of law as the ideological premise of Soviet legal system; Soviet understanding of human rights; and Soviet theory of international law. The paper ends with a discussion of the role the UDHR played in Soviet and post-Soviet law. [ABSTRACT FROM AUTHOR]

This paper clarifies how human rights and refugee rights are protected by international human rights legislation. It explains the background of human rights principles and refugee legislation. Human rights breaches continue to be a threat to refugees' safe return, having historically played a significant factor in their departure. The essay demonstrates how human rights and refugee law are both protected by international human rights law. Publications on human rights and refugee law as well as relevant resources can be located on numerous academic websites using the secondary data collecting method. Between 2019 and 2024, PubMed, Google Scholar, and Science Direct have been used to conduct literature searches. Selected secondary data make clear that refugee protection must drastically change to focus more on problem solving. The study's findings clarify that, in contrast to international human law, which is only relevant in times of armed conflict, human rights law is always applicable, regardless of whether there is a state of peace or war. Based on the findings of this study, it is concluded that a human-rights based interpretation of refugee law implies that it is time to make a concerted effort to balance receiving states' legitimate interests with the ongoing need of refugees to be guaranteed access to safety and a dignified existence. [ABSTRACT FROM AUTHOR]

The argument presented in this paper is that the failure of the United States federal government to enact adequate gun control laws that would help prevent school shootings is a state crime by omission. Drawing on international law, as critical criminologists have recommended since the 1970s, the paper shows that the federal government is failing to act when it has a duty to protect schoolchildren. The paper concludes with recommendations for federal gun control. [ABSTRACT FROM AUTHOR]

Over the past few years, some parents and clinicians in the UK have argued about decisions on the fate of critically-ill children, with the cases ending in protracted and emotionally-sapping legal disputes. The long-running legal conflicts have played out in the public eye, eliciting conflicting opinions. At the core of the disputes is whether parents or clinicians should determine the appropriate course of action. In the event of the disagreements, the domestic court intervenes guided by the 'best interests' principle. A corpus of scholarship, falling on either side of the debate, has captured the contradictions. Until recently, the discourse had focused on the common recourses to domestic courts and the European Court of Human Rights. However, in the recent case of incapacitated 12-year-old Archie Battersbee, his parents sought redress from the international human rights system through the Committee on the Rights of People with Disabilities to stop termination of his life support. The courts barred the involvement of the Committee on the basis that the UK had not incorporated the treaty which birthed the Committee. The case brought into sharp focus the relationship between international law and domestic law. First, this paper asserts that the weight (not) given to international law by the domestic courts was inconsistent with its treatment of international obligations in other cases. Secondly, the position that unincorporated treaties do not have legal effect in domestic proceedings is ambiguous. Finally, the treaty body appeared ill-suited to handle a case of a critically-ill child in the face of the impatient demands of local justice. [ABSTRACT FROM AUTHOR]

What explains the variation in the interpretation and enforcement of international law by domestic judges? Can independent judiciaries control the enforcement of countries' commitments to international law? In this paper, we leverage a unique source of data—cases related to the Alien Tort Statute—to investigate how independent judges might be able to enforce international commitments to human rights without concern for whether the state (here the United States) has opted into the commitments in the first place. We show that behavioral factors in judicial decision making, and particularly those related to judicial ideological preferences, are potent predictors of judicial enforcement of international law. This implies that states with highly independent judiciaries are right to be worried about their abilities to control enforcement domestically, although we also find evidence that the U.S. government get a special degree of deference in these cases. [ABSTRACT FROM AUTHOR]

This article explores whether international human rights standards can provide insights into the following questions: who can and should define what constitutes 'hate speech' for online moderation, and how can hate speech be detected and moderated on social media platforms? Regarding who should moderate hateful content, the article underscores the responsibility of social media companies, in reference to international human rights law and principles on business and human rights. This paper advocates for a multistakeholder approach where companies work in partnership with and under the monitoring of state actors, civil society and other relevant stakeholders. Given the complexity of what constitutes hate speech, the article proposes the localisation of terms of service and guidelines of social media companies. This approach, in line with human rights standards, enables the meaningful involvement of local experts and civil society groups in formulating, implementing and monitoring online community rules. Addressing the question of how social media companies can detect and moderate hate speech, the article argues that a globally standardised approach reliant on AI content moderation is limited in detecting contextual nuances of hate speech. Drawing from international human rights tools like the Rabat Plan of Action, the article suggests that social media companies should consider diverse local contexts for better interpretation and effective detection, with qualified human moderators with local knowledge and oversight boards with local expertise. By taking a human-centered, localised approach to content moderation and collaborating with relevant stakeholders, businesses can contribute to creating a digital space that upholds fundamental rights, prevents harm, and encourages inclusivity and diversity. [ABSTRACT FROM AUTHOR]

Instead of acting consistently with international law and its own refugee law, the EU has adopted an ambivalent stance over refugee arrivals to Europe. Member states' increasing anxiety led the EU to tighten border controls and outsource its humanitarian responsibilities by agreeing on a statement with Turkey to prevent refugees from entering the EU irregularly. This paper focuses on the human rights breaches and contradictions of the EU-Turkey Statement by specifically investigating the one-in-one-out mechanism and the argument that Turkey is safe country. It is argued that the Statement has turned the refugee issue into the subject of the European market because the political architecture of EU human rights norms has historically been part of the neoliberal hegemony. Hence, the refugee case reveals how inadequately produced norms inside Europe's borders reproduce inequalities and cause mismatches between the EU's claimed role as rights promoter and its practical inadequacies and market-based pragmatism. [ABSTRACT FROM AUTHOR]

The protection of human rights is one of the most important issues in the modern world and their development is a challenge for all legal systems. Human rights protection is an established fact in international law. This is both an expression of the expectations of the states that have created this system and an instrument designed to see the solutions contained therein incorporated into national legal systems. Human rights are of particular interest on the Old Continent. They have been developed both within the regional system of the Council of Europe and, as 'fundamental rights', within the European Union. Human rights are one of those areas where both legally binding instruments and 'soft law' acts are adopted. These acts of 'soft law' do not formally create legal obligations but they nevertheless affect their addressees, including states, by virtue of the respect given to the entities that adopt them. There are also examples of 'soft law' acts having institutional setting and significance with the creation of bodies to monitor their implementation. This paper contains introductory remarks in relation to current issues in the field of international and European human rights law that are presented in this Special Issue of the International Community Law Review (ICLR). [ABSTRACT FROM AUTHOR]

As the climate crisis increases in severity, the number of persons who will be displaced both internally and across state borders will rise exponentially. There is currently an alarming lacuna in international law regarding the protection of persons displaced by climate change, the implications of which are becoming increasingly dangerous as numbers inevitably surge. This paper explores potential mechanisms of protection for individuals displaced by climate effects internationally and regionally, analysing the merits and limitations of each avenue. Through a case study regarding the attempted humanitarian visa programme for Pacific Islanders in New Zealand, the paper establishes the need for rights-based mechanisms on both the international and regional levels designed to protect persons impacted by climate displacement through an autonomy-focused, culturally cognisant approach. [ABSTRACT FROM AUTHOR]

Abstract: The Inter-American Court of Human Rights (IACtHR) and European Court of Human Rights (ECtHR) have developed divergent approaches to interpreting their temporal case admissibility criteria, despite those criteria being nearly identical on paper. This puzzling variation has important implications for the extent to which Americans and Europeans can pursue international legal recourse for human rights abuses committed during past civil conflicts and dictatorial regimes. The IACtHR has clearly established that states can be held responsible for ongoing human rights violations that originated prior to state accession to the Court. However, when victims of similar rights violations have submitted cases to the ECtHR, the Court has frequently declared their cases inadmissible. This article demonstrates that the divergent geopolitical origins of the ECtHR and IACtHR have driven the ECtHR's narrower interpretation of its temporal jurisdiction relative to the IACtHR. Tracing this process sheds light on the conditions under which international courts can hold governments accountable for past human rights abuses in post-conflict societies. [ABSTRACT FROM AUTHOR]

The prison has remained an ignored area for long time. The rights of the prisoners have also remained neglected for a very long time. Though there were various cases dealt by the India’s higher judiciary relating to rights of prisoners yet the same has remained obscured as the mainstream media does not cover the news related to prisoners’ rights until some celebrity is involved. In this paper, it is attempted to analyze the rights of the prisoners as recognized by the international law. The paper also analyses the role played by Indian higher judiciary in humanizing the prisons through various case laws in the context of the rights available to prisoners. This paper makes an analysis of the role of India’s Higher Judiciary in making the prisons a place where a prisoner can be treated and made fit to re-enter the society after release to lead an honest life. There have been many areas of challenges wherein the Courts have contributed to its improvement through its decisions and guidelines [ABSTRACT FROM AUTHOR]

International law has been characterised by two interconnected and yet opposite trends. On the one hand, from World War II onwards, States have demonstrated an increasing commitment to human rights by concluding several multilateral treaties. Along with substantive provisions, these conventions have also established courts and quasi-judicial bodies charged with monitoring compliance by States Parties. Given the impact of these supervising mechanisms, States Parties have often refrained from expressing their consent to the treaty-based petitions systems. On the other hand, far from benefiting from a special legal regime, human rights treaties are governed by the general principles on the law of treaties. As a result, States Parties can enter reservations, understandings and declarations (RUDs) to avoid certain treaty obligations. To this purpose, using an approach based on the statistical data available, this paper analyses these two main "strategies" to which States Parties can resort in order to partially circumvent their obligations, assessing their possible impact vis-à-vis States' compliance rate with human rights provisions. [ABSTRACT FROM AUTHOR]

The Syrian crisis has been persisting for more than eleven years, but shows no signs of resolution or end yet. Various reports from the United Nations and other reputable organizations have extensively documented a multitude of atrocities perpetrated by all factions involved in the conflict. This article examines the Syrian crisis from a perspective of international law. The author analyses the legal justifications put forward by the parties involved in the conflict, including humanitarian intervention, the responsibility to protect, etc. This research paper employs an analytical and descriptive research methodology. The finding concludes that the Syrian Civil War is not likely to be over for the foreseeable future in spite of many efforts under international law. The author also finds that there have been numerous violations of international law by both sides in the conflict related to human rights and humanitarian protection. [ABSTRACT FROM AUTHOR]

In her paper "Sovereignty and the International Protection of Human rights", Cristina Lafont argues that "The obligation of respecting human rights in the sense of not contributing to their violation seems to be a universal obligation and thus one that binds states just as much as non-state actors." In this paper, I argue that one can find support for this claim in Thomas Hobbes' Leviathan. This requires a different reading of Leviathan than the one that is typically performed by realist thinkers, such as, for instance, Morgenthau and Mearsheimer, who read Hobbes as someone who has no regard for human rights. Contrary to the realists, I suggest a reading of Leviathan that shows that there is in fact a normative underpinning of Hobbes' view of sovereignty, to the extent that Hobbes can be taken to be one of the forerunners of international law. I do this by showing how Hobbes' reasons for establishing sovereign power, and not his conclusions on how to organize sovereign power, may give support to Lafont's claim that an obligation to respect human rights is not confined to the sovereign state, but also to extra-state institutions. [ABSTRACT FROM AUTHOR]

This paper assesses the functioning of law and legal institutions in Palestine/Israel through the lens of settler colonialism by analysing two thematically interconnected decisions issued by the Supreme Court of Israel, the first involving the starvation of besieged Palestinian civilians and the second involving the force-feeding of Palestinian prisoners. Following a discussion regarding the role of law in settler colonialism, it proceeds to argue that the Court enabled, legitimised and legalised state-sanctioned violence that targeted the native Palestinian population by and through a jurisprudence of elimination in order to facilitate the attainment of Israeli settler-colonial objectives. By so doing, the paper provides further evidence in support of the appropriateness of settler colonialism as a theoretical framework for the case of Israel, including in legal matters. [ABSTRACT FROM AUTHOR]

The coronavirus (SARS-CoV-2) pandemic is currently spreading around the world. The crisis that followed was multidimensional in nature, affecting all levels of society. The measures adopted by domestic authorities cover a wide spectrum of restrictions: from general warnings to mandatory quarantines and individual isolation, to travel bans and city closures, and in some cases, country closures. Many governments have declared states of emergency, thereby assuming extraordinary powers. This dire crisis raises several important questions: What are the relevant obligations, powers and procedures under public international law? Have they been complied with? What role, if any, has international law, through its institutions, played so far? The World Health Organization (WHO), a specialized agency of the United Nations, is an international agency with a core mandate in global health issues. In addition, the International Health Regulations (IHR) are the primary legally binding instrument that establishes rules for the transboundary spread of disease. Against this background, to answer the questions above, this journal provides an overview of IHR in light of current issues and disputes. The journal then evaluates these issues and disputes under other international law regimes, such as human rights and peace and security law. Finally, this paper offers conclusions by answering research questions. [ABSTRACT FROM AUTHOR]

The prosecution of perpetrators of mass violations of human rights remains one of the unfinished tasks of Africa's Ê°democraciesÊ° which, in itself, is eloquent evidence of the need for systemic arrangements to protect human rights, build a culture of the rule of law and ultimately defeat impunity. Emboldened by the absence of the foregoing, accountability for human rights violations of individuals and the fulfilment of the corresponding duty to prosecute violators have been contentious issues in Africa's politically volatile communities. As states are caught betwixt and between protecting human rights and holding individuals accountable, the questions about the State's fulfilment of its international obligations arises. Sourced primarily from international treaties, customary international law, and general principles of law, the duty to prosecute violations of human rights is revisited with a focus on the theoretical and legal framework. Situated in the context of the ongoing Anglophone Cameroon crisis in which political factions of the Englishspeaking regions are pitted against the French-speaking dominated Government of Cameroon, and bringing to the fore the violations, which have become an odious scourge, this paper argues that there is a sacrosanct duty on the Government of Cameroon to investigate, prosecute and punish such violations. The paper interrogates the relevant international law instruments and engages in a dialogue with relevant and respectable literature penned by prominent scholars and jurists on the issue of accountability. It provides an analytical disquisition on the duty to prosecute which, as argued herein, must be fulfilled by Cameroon given the violations that have been committed during the ongoing Anglophone Cameroon crisis. [ABSTRACT FROM AUTHOR]

Human rights defenders (HRD) are facing shrinking spaces. The United Nations Human Rights Council (Council) is one of these potentially shrinking spaces. At the Council, there exists significant contestation over HRD and their role in human rights protection. Resolutions on HRD are facing contestation including lengthy debates and record-setting numbers of amendments by opponents of HRD initiatives. This paper uses theories of contestation from international relations to examine how Member States both advocate for and against HRD at the Council. Case study analysis including participant observation and elite-level interviews are used to examine strategies used by Member States. The paper finds that both advocates and proponents use a multitude of strategies aimed at defending or defeating the validity and application of HRD resolutions. This type of contestation matters for HRD because it eventually impacts the ability of defenders to promote and protect human rights on the ground. [ABSTRACT FROM AUTHOR]

This paper investigates the divergence between the objectives of the state in ensuring citizens’ right to health and the profit-maximization objective of pharmaceutical corporations in relation to, access to, and supply of medicine. This divergence is pertinent given both the rising cost of medicines and unmet needs, particularly in developing countries. This paper analyses the correlation between pharmaceutical corporations’ profit drive and the state’s welfare obligation. There is a need to bridge the gap between business and human rights, which can be achieved by combining the concepts of “business ethical responsibility” and corporations’ contributions to “common good” with the jurisprudence on the right to health. This is imperative in view of the impact of the business of pharmaceutical corporations on vulnerable populations, particularly in, but not limited to, developing countries. [ABSTRACT FROM AUTHOR]

This paper aims to appraise the normative potential of the Inter-American Human Rights System ('IAHRS') to respond to the threats posed to the enjoyment of human rights in the face of the climate crisis. In so doing, the paper contrasts broader critical International Human Rights and Environmental Law ('IHREL') scholarship with the IAHRS innovative norms, thereby highlighting its opportunities and shortcomings. As a heuristic tool, the paper employs the analogy of international law as a continuum that constantly oscillates to distribute said scholarly views. These views are clustered between a spectrum that goes from the Baroque ethos to the Realist ethos, two categories borrowed from critical theorist Bolívar Echeverría. The former contends that the emergence and application of IHREL encompass a structural legitimacy deficit because of its colonial and liberal underpinnings and operation, rendering the solutions for tackling global challenges, such as the climate crisis, ineffective. The latter attitude responds to these critiques by referencing the historical victories of rights movements that tactically mobilised the law to change oppressive patterns. This paper puts forward a third situated description by utilising the case of the IAHRS to frame it as an appropriate 'space' of political and legal contention that promises to address some of the shortcomings of IHREL. However, it asserts that the IAHRS, despite constituting pathbreaking legal tools, still fails to meet the tenets of climate justice. The paper is composed of three parts. First, it will lay bare the most salient critiques and defences of IHREL. Secondly, it will highlight the progressive legal production of the IAHRS in the areas of socio-economic and indigenous peoples' rights to respond to critical scholars. Thirdly, it will juxtapose the climate crisis context with the IAHRS's normative edifice to make the case for its permanence as a liminal space between two ethe. [ABSTRACT FROM AUTHOR]

This article analyzes the strategies of cross-border cooperation that the Yoeme community (also called "Yaquis") in Sonora, Mexico, carries out with the support of the Pascua Yaqui Tribe in Tucson, Arizona, United States, for the strengthening of their autonomous rights. This paper employs an interdisciplinary methodology, using observation, interviews, and documentary analysis techniques. The results reveal a cross-border collaboration of the Yoeme group in the form of legal, cultural, and economic alliances that have allowed them to create new international spaces to demand justice and strengthen their collective ties. It is concluded that such collaboration must be based on their traditional and cultural normative framework supported by international human rights instruments to strengthen their autonomous rights of territory and water. The main limitation was the restricted access to Yaqui groups due to the COVID-19 pandemic. [ABSTRACT FROM AUTHOR]

The notion of 'equity' is undergoing conceptual repositioning in international law today, embracing individuals as well as states and gaining an association with human rights and the politics of protest. In the context of these developments, the present paper enquires into the premodern roots of this ancient and rich term through three historical vignettes: first, the emergence of aequitas in Roman law – as a source of law anchored in analogy and empathy – and in particular its relevance to the ambiguous status of slaves; second, the importance of 'natural equity' to the consolidation of 'natural rights' during the Franciscan poverty debate in 14th century Europe, and finally, 'common equity' in the rights‐based constitutional order proposed by the Levellers in 1640s England. In its root sense, I conclude, what we might call 'radical equity' has historically lent itself to trenchant critique of the law, centred on the individual as subject of right. [ABSTRACT FROM AUTHOR]

This paper examines what prevents us from legally enforcing the moral imperative of protecting human rights during military operations carried out for distinctly humanitarian purposes. The answer, I argue, lies not in familiar objections to bringing the law into greater congruence with morality, but in international law's indeterminacy regarding the use of force. Preserving stability within the nascent international legal system comes at the cost of a law that eschews the protection of individual rights even in cases in which the protection of human rights is what justifies military action. The tension between state sovereignty and the protection of human rights thus not only generates well-known controversies about the lawfulness of military intervention. It also prevents us from devising laws to protect human rights during wars whose very purpose it is to stop human rights violations. Protecting human rights during humanitarian interventions may thus remain an undertaking as quixotic as it is morally urgent. [ABSTRACT FROM AUTHOR]

This paper contrasts conceptions of global distributive justice focused on natural resources with human rights–based approach. To emphasize the advantages of the latter, the paper analyzes three areas: (1) the methodology of normative theorizing about natural resources, (2) the category of natural resources, and (3) the view of the system of sovereignty over natural resources. Concerning the first, I argue that global justice conceptions misconstrue the claims made to natural resources and offer conceptions which are practically unfeasible. Concerning the second, I show that contemporary philosophy of justice downplays the plurality of meanings resources have for collectives and argue that conflicts over natural resources can best be accounted for using human rights. Finally, the paper looks at sovereignty over natural resources and argues that rather than dismissing it as unjustifiable on moral grounds, it should be reformed in line with valid principles of international law, most importantly with human rights. [ABSTRACT FROM AUTHOR]

International human rights law and international humanitarian law are two specialized areas of the public international law, which exist as distinct legal branches. These legal branches have a different origin and legal basis, but a common humanist ideal, and consequently areas of overlap in practice. Both legal regimes share the responsibility to protect human beings' rights; Humanitarian law in time of armed conflict, human rights law in peacetime and in wartime as well. Because of this, in practice there is sometimes concurrent application of the legal norms of international human rights law and international humanitarian law. At the same time, there are also differences between these two legal regimes that arise from the different circumstances which are relevant in a state of peace and in state of war. Hence, regarding this relationship, many relevant questions arise: Whether these legal branches are mutually exclusive? Under what circumstances does humanitarian law apply, and how does this differ from the applicability of human rights law? Which are the areas of overlap? What are the practical consequences of the legal issues resulting from parallel application of the two legal frameworks? This paper is not intended to resolve all these questions, but to make contributions in the ongoing debate by presenting similarities between human rights law and humanitarian law, areas of overlap, and situations of concurrent application. We will also underline the differences which exist in this relationship, especially the differences in the scope of protection guaranteed within the legal norms, the responsibility for breaking the norms, as well as permitted derogations in implementation of the norms. One part of the paper applies the principle lex specialis in cases where one of the legal branches is more specific in a concrete situation. [ABSTRACT FROM AUTHOR]

The Vienna Declaration 1993 is an important instrument that provides a platform for creating a national human rights plan. This paper focuses on the practical aspect of localising international law in the drafting process of Thailand's human rights action plan. It argues that while the drafting process can serve as an argument against the existing criticism concerning the "supra-national" character of international law in the alienation of the local participation, the process also gives rise to the dilemma of public participation, which the paper calls "a national standardisation" on important human rights issues, namely the rights to social welfare of migrant workers and their dependants, and the abolition of capital punishment. [ABSTRACT FROM AUTHOR]

Indigenous peoples are amongst the most affected by climate change. Its effects threaten the very survival of their cultural identity which revolves around a strong connection to their ancestral lands and natural resources. Indigenous peoples have thus played a prominent role in the recent development of international human rights-based climate litigation. Against this background, this paper examines their specific status and legal tools in this regard. It first recalls how they obtained the recognition of their special relationship with their natural environment as well as specific environmental rights under international law, both in specific instruments of protection of indigenous peoples' rights and under general human rights law. After emphasizing their significant role in advancing environmental protection under international human rights law, the article then enquires whether the recognised environmental component of indigenous peoples' fundamental rights might allow them to develop stronger substantive legal arguments in human rights-based climate litigation. [ABSTRACT FROM AUTHOR]

The article discusses the conflict-of-laws issues raised by such compensatory claims as may be brought against health professionals and medical facilities involved in end-of-life procedures. The issues are addressed from the standpoint of EU private international law. The paper highlights the lack of international legal instruments on assisted-suicide procedures. It is argued that the European Convention on Human Rights requires that States provide a clear legal framework concerning those procedures. The author contends that the said obligation has an impact on the interpretation of the relevant conflict-of-laws provisions of the EU. [ABSTRACT FROM AUTHOR]

The right to self-determination and its complexity in relation to non-intervention and territorial integrity continue to be the subject of numerous academic inquiries. Governments have recently encountered public demands for this right, and the people occasionally experience repression to stifle their voices. International groups that monitor and record abuses of various human rights have sparked interventions because of a post-cold war focus on defending collective rights. Even now, promoting the right to self-determination has led to international practices that have had a big effect on the principle of non-interference and gone against it. This paper focuses on the consistency or lack thereof in international law on the right of self-determination, the principle of non-interference, and the contemporary legal trend to promote the rights of all peoples within the principle of territorial integrity. While tracing the relevant legal shifts in both international legal and political practices and in emerging doctrines and principles in international law, this study provides ideas for the discussion of the concept of non-interference. International law prohibits the use of force against an independent state; the only exception is where there is a flagrant violation of human rights and a credible threat to international peace and security. As a result, force can only be used as a last resort if all other efforts to reach a peaceful settlement have failed. [ABSTRACT FROM AUTHOR]

Purpose - The purpose of this paper is to examine the roles and responsibilities of non-state actors (NSAs) in contributing to disaster governance from an international human rights law (IHRL) perspective. In particular, it examines how non-governmental organizations (NGOs) and business enterprises are implicated. Design/methodology/approach - The paper analyzes a range of IHRL instruments, particularly treaties and international soft-law documents, and it utilizes the concepts "human rights-based approaches" (HRBAs) and "direct"/"indirect" human rights obligations to frame and understand how IHRL responsibilities for NSAs arise from these instruments. Findings - IHRL not only includes relevant standards for NSAs in the area of disaster management, but NGOs and businesses also actively engage with IHRL and HRBAs by means of (soft) self-regulatory instruments to further clarify their responsibilities. Research limitations/implications - The findings are of interest to all actors involved in disaster governance, and are instructive for NGOs and businesses seeking to improve the design of disaster management activity. The research addresses only the responsibility of NGOs and private companies, but the framework of analysis set out is equally of interest to other actors' activities. Originality/value - The implications of IHRL for NSAs involved in disaster management are still poorly understood, despite their vast engagement. This study contributes by clarifying the roles and IHRL responsibilities of NGOs and businesses specifically, and articulates how applications of HRBAs may improve the protection of persons. [ABSTRACT FROM AUTHOR]

This paper attempts to analyse the limitations of contractual mechanisms of resolving collective action disputes against sovereign debtors. The Global South has been at the receiving end of the sovereign debt obligations and collective action clauses (CACs) agenda. The lack of control over the domestic economy and the human rights impacts of mounting sovereign debt brings to the fore the absolute lack of fairness and equity in the CAC-based framework for restructuring sovereign debt. The contemporary international order does not address the non-economic concerns of an indebted state. The unfair treatment meted out to the Global South opens the need for Third World approaches to international law (TWAIL) voices against sovereign debt. The current discourse and literature on CAC have remained mainly aloof to the contributions and importance of TWAIL in the context of CACs. Sovereign debt and the use of CACs need a fresh outlook based on the development of international human rights law. Alternative movements based on Global South solidarity against the present structural and systemic problems of sovereign debt and CACs need to be explored. [ABSTRACT FROM AUTHOR]

This paper examines the concept of a refugee, questioning if it is an appropriate common term from the perspective of international law. The paper also presents the most important international instruments in effect related to refugee rights, with a special focus on the extent of their ratification by the five Arab countries (Syria, Iraq, Yemen, Libya, and Sudan). It elaborates on the mechanisms for protecting refugee rights, whether related to the International Refugee Convention or not, within the United Nations system for the protection of human rights, as well as the available regional mechanisms. [ABSTRACT FROM AUTHOR]

The United Nations Convention on the Rights of the Child entered into force in 1990. It condemns child marriage, violence and discrimination against children and enjoins tutelage for their education and health. Implementing such principles in national legislation sometimes conflicts with local norms relating to respect for cultural and religious traditions. This was the case of Trinidad and Tobago, a multicultural and multi-religious society that legally sanctioned child marriage until 2017. The paper makes two unique contributions to the literature. First, using the literature on child marriage and the obligations under international conventions, the paper creates a child marriage conceptual framework with the main normative positions on child marriage. Second, using the framework, it explores the normative motivations underlying the domestic legal reform debates held in parliament between 2015–2017. The paper uses the conceptual framework to explain the transformations in the traditional positions of local religious and ethnic groups, provides evidence of norm penetration from the international to a local multicultural setting and furthers the literature on international human rights norm penetration and contestation. [ABSTRACT FROM AUTHOR]

In Sustainable Development Goal 6 (SDG6), also known as the 'water goal', one finds various (implicit) references to the internationally recognized human right to water. The aim of this paper is to further explore those linkages. More specifically, the main research question is the following: in what way does SDG6 facilitate local level implementation of the international human right to water, and does SDG6 call for a more sustainable interpretation of that human right? First, a brief overview is provided of the drafting process of SDG6, which took place in the period from 2013 to 2015, with a focus on suggested insertions into that SDG, of references to the human right to water and to local implementation. Then, the actual text of SDG6, as finally adopted in 2015, is analyzed in more detail. SDG6 is subjected to a textual analysis, in which the language of SDG6 is compared with authoritative codifications of the human right to water in the sources of international law, primarily treaties. This is followed by a brief and preliminary analysis of the monitoring and implementation process of SDG6, which began after its adoption in 2015, and will continue until the SDGs reach their expiration date in 2030. The paper ends with a conclusion. [ABSTRACT FROM AUTHOR]

Nowadays, human rights law significantly impacts the regulation of armed conflict through two main processes: the "interpretation process", whereby international humanitarian law is interpreted in light of human rights law's norms or concepts, and the "application process", whereby human rights law applies in armed conflict alongside international humanitarian law. These processes raise complex problems with respect to the interplay between the two branches of international law. The aim of this paper is to propose an elaborated theoretical framework, based on legal theories of normative coherence, in order to address that interplay and to overcome the shortcomings of the formal mechanisms usually referred to in practice and legal scholarship. It is demonstrated that such a coherency-based approach recommends adapting the outcomes of the interpretation and application processes, either by modulating or displacing the inappropriate norm or regime, in light of substantial considerations. [ABSTRACT FROM AUTHOR]

To the few rich powerful nations, the idea(l) that international law fosters development is a truism, but for the rest of the world, it might only be a promising vision or worse, an empty promise. I Contemporary International Law and China's Peaceful Development i - the first book in the publisher's "Modern China and International Economic Law" series - grapples with these paradoxes and attempts to address them, through a curated collection of papers by the late Professor Lingliang Zeng on various international law topics that concern China. In a quite circuitous fashion, this chapter concludes that the envisioned harmonious world is "consistent with the principles of contemporary international law" (p. 63) - a statement that seems to reverse the roles of international law and harmonious world, with the former now serving as the normative standard for the latter. [Extracted from the article]

The massive scale of forced displacement across the globe discloses the fractured state of the modern international order. Francisco de Vitoria's theological approach to the law of nations, in the context of the Spanish conquest of the Americas, had a significant influence on this order's development. This paper argues that recovering his innovative insights today can help refurbish a collective sense of international responsibility for refugees. Vitoria's bold assertion of indigenous Americans' dominion affirmed all human beings as members of a world commonwealth with equal claims to basic rights. The "right to travel" he articulated, by its orientation to "natural partnership and communication," can promote refugee rights and global fraternity. [ABSTRACT FROM AUTHOR]

This paper argues that the Trump administration's policy of separating children from their families at the border violates at least three international laws: (1) The Refugee Convention and its Protocol; (2) refugee and human rights law, as summarized in the United Nations High Commissioner for Refugees ("UNHCR") Detention Guidelines; and (3) the Torture Convention. The laws identified here may not be exhaustive; that is, the Trump administration's zero-tolerance immigration policy may have violated other international laws as well. This paper suggests that the United States can adopt several changes to better effectuate the policy related to families seeking asylum. [ABSTRACT FROM AUTHOR]

Facing the risk of death and the loss of all expectations, humans have only the alternative to seek asylum in neighboring countries. International law has ruled on protection to refugees. Current paper analyzes such rules and their applicability, coupled to people's vulnerability due to war, especially 20th and 21st century wars, the war in Syria and the social wars in Africa, Angola, Haiti and Venezuela. The paper deals with the manner conflicts affect people's life with all their consequences. In fact, people have to displace themselves from their place of origin for a better life and dignity. The paper also reveals the struggle of international communities for the publication of laws for the protection of humans and the construction of their rights. It also discusses whether the laws for the protection of humans and especially for refugees have efficacious application in the wake of atrocities caused by political and social situations that force people to face difficulties for their own survival. Current deductive and historical method brings forth international treaties and laws and their efficaciousness or their violation. [ABSTRACT FROM AUTHOR]

On 7 July 2005, a global call for Boycott, Divestment, and Sanctions (BDS) was declared against the state of Israel until it abides by international law and principles of human rights. Since that time, BDS has become a popular form of collective action for Palestine. Expanding on Charles Tilly's original conceptualization of contentious repertoires, this paper argues that BDS advances the issue of Palestine into broader progressive frameworks, such as global justice, through the ways the movement makes claims (repertoire) and the object of its claims (targets). In particular, there are intersections through frames of justice, corporate complicity, and human rights, tactics of boycott and divestment, and decentralized, horizontal, and networked organizational forms, along with similar targets. These parallel repertoires and targets create a bridge between groups, which allows BDS to build its movement and enables the movement to move forward the Palestinian cause into broader global justice contexts. [ABSTRACT FROM AUTHOR]

This symposium presents a rich array of papers on the role of religion and religious freedom in gender equality and women's rights issues across the Organization for Security and Cooperation in Europe (OSCE) region. Religion and gender equality are often seen as being in tension. With a particular focus on international law, this special collection explores not only such tensions but also areas of common ground. [ABSTRACT FROM AUTHOR]

This article positions punk rock pedagogy, or the educative dimensions of punk rock subculture, as an exemplar for combatting hate speech. This analysis contrast institutional efforts to protect free speech (which are rooted in free speech absolutism) with the ways by which punks protect one another from bigotry. This paper argues that the punk approach more closely reflects how free speech protections are framed in international human rights law. [ABSTRACT FROM AUTHOR]

Human rights and freedoms are the most sensitive area and the ultimate measure of democracy in a state and society. Absolute human rights and freedoms cannot be restricted, even in conditions of war or emergency. This paper focuses on human rights which were derogated by declaring a state of emergency due to the imminent danger of the infectious disease COVID-19 caused by the SARS-CoV-2 virus. The author addresses the issues related to the definition of state of emergency and the derogation of the guaranteed human rights and freedoms, as well as the proportionality between the taken measures and intended goals of such restrictions. In particular, the author examines the international sources of law pertaining to the restriction of human rights, with specific reference to the situations and conditions when such restrictions are admissible. The content of the proportionality clause which is to be fulfilled by the state when restricting human rights and freedoms is one of the supreme precepts for admissibility and justifiability of such restrictions.. [ABSTRACT FROM AUTHOR]

The purpose of this paper was to prove that the standards for environmental friendliness set out by international law require the states to carry out Health Impact Assessment (HIA) before implementation of public or private investments having a potential human health impact even if national legal systems do not require it. The analysis of both soft international law and treaty law, as well as the case-law of international courts and tribunals show that Environmental Impact Assessment (EIA) is the international law ius cogens. At the same time the human right to information and protection of life and health are regarded as fundamental human rights. According to the authors it means that carrying out proper Environmental Impact Assessment without Health Impact Assessment is not possible. It would be contrary to the human right to information and the obligation of the authorities to provide citizens with active transparency mentioned by the Inter-American Court of Human Rights and with the principle of fair balance developed in the case-law of the similar European Court together with the objective on sustainable development adopted in Agenda 2030. According to the authors Health Impact Assessment is an immanent and integral part of environmental impact and the possible absence of provisions in the national law requiring investors to carry out HIA where EIA is necessary, does not justify the failure to assess. [ABSTRACT FROM AUTHOR]

In jails, the prisoners are often maltreated by the jail authorities. They are abused, and, their fundamental rights as human beings are frequently violated. Although laws upholding the rights of prisoners are plenty, unfortunately, these seem ineffective in preventing the abuse of prisoners in jails. This paper examines the problems of jailed prisoners in general and highlights their violations of human rights. In particular, this paper discusses sexual abuse of prisoners, their mental and physical tortures, and enforcement of prison labour laws. The paper also focuses on overcrowding in jails, inadequate educational facilities for prisoners and poor health care facilities. This article analyses these issues from the perspectives of Islamic Law and attempts to provide a conceptual frame work of solutions. An analytical approach is employed in this study. [ABSTRACT FROM AUTHOR]

Modern slavery is a major topic of concern in international law and global governance, in civil society, and in academic debates. Yet, what does modern slavery mean, and can its highly different forms be covered in a single concept? This paper discusses these questions in three steps: First, it develops common definitions of modern slavery. Second, it discusses critical rejections of these definitions. The two camps that adhere to the definitions of modern slavery, and that reject them, respectively, face certain limits. In a third step, the paper takes up with the limits and the strengths of both. It suggests that the limits of definitions of modern slavery can be overcome by critical approaches; and that the limits of critical approaches can be overcome by definitions of modern slavery. The key is their integration into a human rights frame. Ultimately, the paper proposes an approach to modern slavery that neither relies on a binary distinction between slavery and non-slavery, nor does it strive for the abolishment of the concept of modern slavery. Rather, the paper calls for a normatively and contextually embedded approach within the human rights frame. [ABSTRACT FROM AUTHOR]

The phrase "evolving capacities of the child" appears twice in the UNCRC, under articles 5 and 14(2) in the framework of parental guidance. Yet the term "evolving capacities" appears over 80 times in the General Comments of the CRC Committee. This paper examines the Committee's use of "evolving capacities" in its General Comments, suggesting that the term has been treated as an enabling principle, an interpretative principle, and a policy principle within the framework of the UNCRC. A broad principle of evolving capacities has thus emerged under the UNCRC that informs not only the framework of parental guidance, but the whole of the Convention. However, the CRC Committee does not recognise "evolving capacities" as a general principle or otherwise under the UNCRC. This paper examines why this might be, and concludes that more consideration needs to be given to the role of "evolving capacities" as a principle under the UNCRC. [ABSTRACT FROM AUTHOR]