3,897 results
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102. International Service for Human Rights Dossier on the International Criminal Court
- Author
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Beth Van Schaack
- Subjects
Statute ,White paper ,International human rights law ,Delegation ,Human rights ,media_common.quotation_subject ,Political science ,Law ,Substantive law ,Public administration ,International law ,media_common ,Public international law - Abstract
This white paper discusses the negotiations during the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court held in Rome, Italy in 1998 that resulted in the establishment of the International Criminal Court (ICC). It was drafted in my capacity as head of the delegation of the Geneva-based International Service for Human Rights on the basis of my delegation's notes, our discussions with delegates, official Conference documents, and reports issued by NGOs and the Coalition for an International Criminal Court during the Conference. The paper provides a brief overview of the Statute with an emphasis on the way in which the key outstanding issues were resolved at the Diplomatic Conference and the positions taken by various delegations. It focuses on the debates surrounding substantive law and the jurisdictional regime at the expense of the more technical provisions governing the conduct of investigations and trial.
- Published
- 2010
103. AI AND ETHICS. THE CASE OF REFUGEES.
- Author
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MIREUȚĂ, Samuel
- Subjects
ARTIFICIAL intelligence ,REFUGEES ,CIVILIZATION ,HUMAN rights ,INTERNATIONAL law - Abstract
Technological progress has had both benefits and negative effects over time. The road to civilization was paved by scientists through hard work. Today we enjoy the results produced over a long period of time when civilizations and empires succeeded each other. Man has always sought to lead a better life, to explore territories and seek new opportunities. The institutionalisation of people's power in the form of the state led to some limitations on the freedom of free movement. The establishment of states led to the emergence of borders. This paper seeks to analyse how today's most advanced advancement, AI, can have both beneficial and negative contributions to society. In a world where basic human rights are no longer a novelty, regulation of new technologies has become a necessity. The lack of clear regulations leads to abuses by the state or its members. Ethics is a basic pillar in any field of activity. Scientific discoveries led to economic progress. Competitiveness has bred efficiency. Even if in a first stage there are systemic changes in certain economic branches, with the possibility of technology replacing certain activities carried out until then by man, the economic prosperity of the last two centuries was only possible through a mass development of production. The political factor, through its representative bodies, has the mission of ensuring a balance between technological development and society as a whole. The balance is ensured through regulation, legislation. Technologies must have a positive impact on the democratic world. This article examines new technologies in the context of refugees. Displacement of populations is not new, but in correlation with new technologies and fundamental human rights it acquires a new dimension. [ABSTRACT FROM AUTHOR]
- Published
- 2024
104. Reflexões sobre a universalidade do direito internacional dos direitos humanos a respeito da proteção às mulheres.
- Author
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de Carvalho, Érica Rios
- Subjects
INTERNATIONAL law ,AUTHORSHIP ,LITERATURE reviews ,HUMANITY ,HUMAN rights ,DISCOURSE - Abstract
Copyright of Revista de Direito Internacional is the property of Revista de Direito Internacional and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
- Full Text
- View/download PDF
105. PAPER WITHDRAWN--1418----The Limits of International Law.
- Author
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Kirewskie, Cassandra
- Subjects
- *
INTERNATIONAL law , *HUMAN rights , *CONSTITUTIONAL law , *INTERNATIONAL relations , *POLITICAL questions & judicial power - Abstract
Title: The Limits of International LawMy paper would challenge the assumption prevalent in academia and the decisions of many western Supreme Courts that public international law sets a higher standard for human rights observance in Western democracies than do their own constitutions. That assumption is worth considering because it is driving the development of constitutional and international law jurisprudence and its implications have not been fully considered. My paper would consider the current debate about the proper role of foreign sources in constitutional law and suggest that there are good political and legal reasons to limit the role of international law in domestic adjudication.My paper would unpack the assumption and describe international relations and the process of international law creation in such a manner as to show the inevitability of public international law's failure to advance domestic human rights. It would analyze the impact of international legal arguments on constitutional adjudication and challenge the changing approaches to constitutional law and politics that increased receptivity to international law has spawned. It would argue that where such advances have occurred, they were the result of a phenomenon known as "transjudicialism" and not of the application of public international law. My paper would argue that the content of public international law is actually far narrower than contemporary scholars, counsel for NGO's and well meaning judges realize. As such, my paper would suggest that decision-making which appears to be informed by international law is actually based on a new brand of judicial activism, one that purports to be grounded in law and principle, but one that is actually grounded in a misconceived policy. That unwritten policy is to extend the influence of courts globally through an evolving judicial understanding of what the universality of human rights would require rather than what the content of public international law demands. Submitted by: Cassandra KirewskiePh.D. CandidateOsgoode Hall Law Schoolckirewskie@simpatico.ca(905) 825-1860 ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]
- Published
- 2007
106. Feed the World: The Impact of High-Profile Activism on INGO Effectiveness (Note: paper withdrawn due to limits on number of appearances by an author.).
- Author
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Barratt, Bethany
- Subjects
- *
HUMAN rights , *INTERNATIONAL law , *NONGOVERNMENTAL organizations , *INTERNATIONAL security , *INTERNATIONAL relations - Abstract
What are the most effective ways of heightening the public and media salience of human rights issues in an era when security concerns habitually are granted top billing? In this paper, I examine one way that international human rights nongovernmental organizations (NGOs) attempt to mobilize public opinion in democratic societies. Such NGOs attempt to draw attention to human rights abuses abroad in order to increase the salience of such issues to the voting public in such a way that electoral pressures can be brought to bear on the leadership of democratic major power states ? states that may have the ability to influence human rights abroad. Related research has demonstrated that domestic politics can influence the extent to which donor states incorporate human rights into their foreign aid policy.In recent years, one of the ways that NGOs have most successfully drawn public attention to human rights abuses has been to enlist the help of celebrity spokespersons. These high-profile representatives by definition command a degree of media coverage and public attention that rivals not only those of NGO heads but also of most elected political leaders. Recent examples of human rights-related NGOs whose campaigns have received substantially higher levels of coverage following celebrity endorsement include the International Campaign to Ban Landmines, Amnesty International, and Drop the Debt. Using both quantitative and qualitative content analysis of media coverage and public opinion regarding of these and other NGO campaigns over the last ten years, I examine the effectiveness of celebrity endorsement as a tool that NGOs can wield in their battles for influence over public opinion and elected officials. ..PAT.-Conference Proceeding [ABSTRACT FROM AUTHOR]
- Published
- 2006
107. OS DESAFIOS GEOGRÁFICOS CONTEMPORÂNEOS DO DIREITO INTERNACIONAL HUMANITÁRIO: INTERPRETAÇÕES E APLICABILIDADE NA ATUAÇÃO DO TPI QUANTO AO AFEGANISTÃO.
- Author
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MANTOVANI DE LIMA, RENATA and MUCELLI REZENDE VELOSO, NATIELLI EFIGÊNIA
- Subjects
LEGAL literature ,HUMANITARIAN law ,INTERNATIONAL law ,INTERNATIONAL criminal courts ,HUMAN rights ,PROSECUTION - Abstract
Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
108. Dilemma in localising international law in the drafting process of Thailand's human rights action plan.
- Author
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Techagaisiyavanit, Wanaporn and Chokprajakchat, Srisombat
- Subjects
HUMAN behavior ,HUMAN rights ,INTERNATIONAL law ,CAPITAL punishment ,DILEMMA ,HUMAN rights organizations ,NONGOVERNMENTAL organizations - Abstract
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]
- Published
- 2021
- Full Text
- View/download PDF
109. Normative View of Natural Resources—Global Redistribution or Human Rights–Based Approach?
- Author
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Gümplová, Petra
- Subjects
DISTRIBUTIVE justice ,NATURAL resources ,HUMAN rights ,JUSTICE (Philosophy) ,INTERNATIONAL law - Abstract
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]
- Published
- 2021
- Full Text
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110. HUMAN RIGHTS LAW AND HUMANITARIAN LAW: BETWEEN COMPLEMENTARITY AND CONTRADICTION.
- Author
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KAROVSKA-ANDONOVSKA, Biljana
- Subjects
HUMANITARIAN law ,HUMANITARIAN assistance ,HUMAN rights ,INTERNATIONAL law - Abstract
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]
- Published
- 2021
- Full Text
- View/download PDF
111. ARE AFRICANS STATES WILLING TO RATIFY AND COMMIT TO HUMAN RIGHTS TREATIES? THE EXAMPLE OF THE MAPUTO PROTOCOL.
- Author
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d'Orsi, Cristiano
- Subjects
RATIFICATION of treaties ,INTERNATIONAL law ,INTERNATIONAL law & human rights ,HUMAN rights - Abstract
Copyright of Revue Quebecoise de Droit International is the property of Revue quebecoise de droit international and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
- Full Text
- View/download PDF
112. ASSESSING THE SCOPE OF LEGAL IMMUNITY IN MODERN LEGAL SCIENCE: THE NEED FOR QUESTIONING UNDER UKRAINIAN LAW.
- Author
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Sokurenko, Valerii, Morhunov, Oleksandr, and Ablamskyi, Serhii
- Subjects
PRIVILEGES & immunities (Law) ,CRIMINAL procedure ,CIVIL service ,CRIMINAL investigation ,JUDGE-made law - Abstract
Everyone is born equal and expects to be treated similarly before the law in cases involving criminal activity and other obligations. It is problematic to have some people immune to legal consequences because they enjoyed special treatment in the eyes of the legislation meant to protect them. The issue we must bring up is crucial, as there is always the need to conduct a thorough investigation into the commission of crimes to secure justice. However, the tendency is that as far as immunity is on the individual concerned, this would frustrate the prosecution process. In this vein, it was proposed that this study investigate how immunity relates to today's state of the law. We will look at an analytical approach to determine if immunity's status has changed due to the rise of modern legal science. The paper overviews the legal framework adopted in Ukraine concerning immunity given to certain public servants. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
113. EL CUMPLIMIENTO DE LOS DICTÁMENES DE LOS COMITÉS DE NACIONES UNIDAS EN ESPAÑA. ¿IMPOSIBILIDAD JURÍDICA O FALTA DE VOLUNTAD POLÍTICA?
- Author
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MONTESINOS PADILLA, CARMEN
- Subjects
INTERNATIONAL law ,LEGISLATIVE reform ,CIVIL rights ,LEGAL judgments ,TREATIES ,CIVIL disobedience - Abstract
Copyright of Revista Española de Derecho Constitucional is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
114. Protection of Privacy and Personal Data in Albania.
- Author
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Garunja, Evis
- Subjects
DATA protection ,DATA privacy ,DIGNITY ,HUMAN rights ,INTERNATIONAL law ,SIMILARITY (Psychology) - Abstract
Copyright of Croatian & Comparative Public Administration is the property of Institut za Javnu Upravu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
115. Equity before 'Equity'.
- Author
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Humphreys, Stephen
- Subjects
INTERNATIONAL law ,HUMAN rights ,ROMAN law ,POVERTY - Abstract
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]
- Published
- 2023
- Full Text
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116. Recognition and Non-Recognition of a State Resulting from Secession: Case Studies of Annulled Status of the Turkish Cypriot Entity after its Declaration as "Turkish Republic of Northern Cyprus" and Kosovo.
- Author
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Kanellopoulos, Anastasios-Nikolaos
- Subjects
INTERNATIONAL law ,HUMAN rights violations ,VIOLENCE ,LEGALIZATION ,SECESSION - Abstract
This paper approaches the situation of a state's recognition or non-recognition, in cases arising from secession. In particular, the international law will be presented, regarding the recognition of states that come from secession and have been created, either on the occasion of prohibited violence use, or for the sake of rehabilitation due to human rights violations. After that, the cases of the Turkish Cypriot annulled status entity after its declaration as the "Turkish Republic of Northern Cyprus" and Kosovo will be examined. The overview and legal evaluation of these two cases, can provide useful conclusions regarding the legalization of a state recognition that has resulted from secession. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
117. Recognizing Early Childhood Education as a Human Right in International Law.
- Author
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Fredman, Sandra, Donati, Georgina, Richter, Linda M, Naicker, Sara N, Behrman, Jere R, Lu, Chunling, Cohrssen, Caroline, Boo, Florencia Lopez, Raghavan, Chemba, Devercelli, Amanda, Heymann, Jody, Stein, Alan, and Consortium, Harnessing Global Data to Advance Young Children's Learning and Development
- Subjects
EARLY childhood education ,HUMAN rights ,INTERNATIONAL law ,CONVENTION on the Rights of the Child ,CONVENTION on the Rights of Persons with Disabilities - Abstract
There is incontrovertible evidence that early learning opportunities shape long-term development and health. Nevertheless, early childhood care and education (ECCE) is not expressly mentioned as part of the right to education in the Convention on the Rights of the Child, the International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities. This paper argues that the right to education can nevertheless be regarded as including ECCE. We examine the treaties, General Comments, and 264 Concluding Observations by relevant UN monitoring bodies, covering 152 countries from 2015 to 2020, to determine whether the right to ECCE is regarded as part of States' obligations and the content of the duty. These demonstrate consistently that States must provide affordable, accessible, quality, inclusive ECCE, with adequate resources. We argue that monitoring committees should draw these obligations together in one General Comment, thereby improving States' accountability and guiding the delivery of ECCE. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
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118. Protocols Nos. 15 and 16 to the European Convention on Human Rights - Amendments and New Trajectories.
- Author
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CURELUŞĂ, Luiza-Florentina
- Subjects
EUROPEAN Convention on Human Rights ,HUMAN rights ,DOMESTIC courts & international law ,INTERNATIONAL law ,PUBLIC contracts - Abstract
This paper aims at emphasizing, in its first part, the development of the European Convention on Human Rights, as it was mirrored during time due to the significant changes that its Protocols brought to the initial form of the European document. More specifically, this approach focuses on the reconfiguration of the Convention under the auspices of Protocol No. 15 (Council of Europe, 2013a) and Protocol No. 16 15 (Council of Europe, 2013b) and tries to map the most important changes brought by these two instruments as well as the manner in which they impacted the procedures and the entire European jurisdictional construct. This way, the first one is an amendment protocol which materializes in the rethinking of the Preamble of the Convention by specifically stating the principle of subsidiarity and the margin of appreciation. Therefore, the reason of introducing these two concepts reconfirms their importance while applying the provisions of the Convention. Additionally, this Protocol introduces a few procedural changes as well as a series of aspects related to the structure and the organization of the European Court of Human Rights. Secondly, Protocol No. 16 to the Convention tries to enhance communication between the Court and the domestic courts by introducing the advisory opinion procedure and stating upon those entities entitled to access it, also specifying a series of conditions which have to be fulfilled when seeking for an advisory opinion. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
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119. The advisory role of international courts in the evolution of human rights law.
- Author
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MOREIRA, Fátima Castro
- Subjects
DIGNITY ,INTERNATIONAL courts ,HUMAN rights ,HUMAN evolution ,ENVIRONMENTAL law ,INTERNATIONAL law ,WAR (International law) ,GENEALOGY - Abstract
Human rights have the pedigree of a distinguished struggle against oppression: everyone shall be treated with respect for their inherent dignity and human worth.3 The horrors of the Second World War provided the legal basis for the modern human rights law. The establishment of the United Nations (UN) signalled the beginning of an international concern for the protection of human rights. Human rights transnational institutions have developed human rights principles, some recognized as jus cogens norms. Nonetheless the application of human rights law in courts is almost always contested. The functions of international courts such as the International Court of Justice (ICJ) are dependant on the States volition and the settlement of disputes between them. Whenever asked by the UN organs and specialized agencies, international courts also give advisory opinions on contentious legal questions. The impact of international jurisprudence on contemporary international law is significant, assessing key areas of international law, such as law of the sea, international environment law and international human rights law. Note that, in this paper we focus on the particular impact of the advisory opinions on the human rights law. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
120. Growing Conflicts between Intellectual Property Rights and Health
- Author
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Tania Voon
- Subjects
medicine.medical_specialty ,Trademark ,Human rights ,business.industry ,Public health ,media_common.quotation_subject ,Short paper ,education ,International trade ,Public administration ,International law ,Intellectual property ,Morality ,World health ,Counterfeit ,Software patent ,Political science ,medicine ,Copyright abolition ,Relation (history of concept) ,business ,health care economics and organizations ,Protocol to Eliminate Illicit Trade in Tobacco Products ,Law and economics ,media_common - Abstract
This short paper explains a number of international developments demonstrating continuing tensions between intellectual property rights and health. In particular, it examines steps at the World Health Organization in relation to so-called 'counterfeit' medicines and the Protocol to Eliminate Illicit Trade in Tobacco Products, as well as domestic and international challenges to Australia's plain tobacco packaging law.
- Published
- 2013
121. Partially Right, Partially Wrong: Rethinking the Implementation of International Human Rights Law in Countries with Gross Human Rights Violations.
- Author
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Baek, Buhm‐Suk
- Subjects
HUMAN rights ,INTERNATIONAL law ,COMMERCIAL treaties ,SOCIAL norms - Abstract
The purpose of this paper is to carefully examine the way in which international law has been implemented in the domestic human rights system, with a special focus on how the public legitimacy of international human rights norms can be established in individual states. Simultaneously, it will review whether the current international human rights system has evolved to formulate practically attainable standards and policies of human rights for all countries. In this vein, the main question of this paper is how human rights norms can be effectively implemented in individual countries, especially those with the worst records of gross human rights violations. To find the appropriate approaches for this question, it will focus on two test cases – (i) the UN Commission of Inquiry on Human Rights in North Korea and (ii) the US–South Korea Free‐Trade Agreement – and their human rights impact on North Korea. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
122. Empowering your victims: Why repressive regimes allow individual petitions in international organizations
- Author
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Schoner, Rachel J.
- Published
- 2023
- Full Text
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123. Norwegian Authorities’ Advice on Western Sahara and Norwegian Vessels’ Complicity in Human Rights Violations: Fish Oil and Phosphates from Western Sahara
- Author
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Hans Morten Haugen
- Subjects
White paper ,International human rights law ,Economy ,Human rights ,Political economy ,Political science ,media_common.quotation_subject ,Corporate social responsibility ,OECD Guidelines for Multinational Enterprises ,Complicity ,International law ,Due diligence ,media_common - Abstract
Based on Western Sahara’s status as a non-self-governing territory and the rights of peoples in such territories over their natural resources, the article analyzes the Norwegian policy on Norwegian business enterprises relating to Western Sahara. In addition to relevant treaties and resolutions, the article will assess the scope of the revised OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights, both adopted in 2011. In both the OECD and UN non-binding standards, enterprises are asked to undertake a human rights due diligence and to prevent adverse human rights impacts that are directly linked to their operations, products or services by their business relationships. While the fact that Norway has listed Western Sahara as an exceptional case in its 2009 White Paper on CSR, and made available an explicit ‘dissuasion,’ the text of this dissuasion is far from perfect. First, the text does not refer to international law, but rather refers to the ‘situation’ in Western Sahara. Second, the central feature of the text is whether or not the economic activities promotes the ‘interests of the local population,’ rather than the rights and wishes of the peoples of the non-self-governing territory of Western Sahara. The statement, policies, rejections and secrecy of specific Norwegian companies are also analyzed, showing that some of these companies simply chose to ignore the impact of their conduct for the original peoples (the Saharawis) – even if there will be some Saharawis who have substantial financial benefits. This is in clear contradiction to the duty to undertake human rights due diligence and to prevent a negative impact on human rights resulting from their operations, as specified in the OECD and UN standards.
- Published
- 2011
124. An Israeli southern Gaza offensive is a serious threat
- Published
- 2024
- Full Text
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125. Critically-Ill Children and the International Human Rights System: Assessing the Status and Role of the UNCRPD in the Case of Archie Battersbee.
- Author
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Nyamutata, Conrad
- Subjects
- *
HUMAN rights , *CIVIL rights of people with disabilities , *INTERNATIONAL law , *INTERNATIONAL obligations ,CONVENTION on the Rights of Persons with Disabilities - Abstract
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]
- Published
- 2024
- Full Text
- View/download PDF
126. The portrayal of effectiveness of supplier codes of conduct in improving labor conditions in global supply chains: A systematic review of the literature.
- Author
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Vandenbroucke, Sarah
- Subjects
CODES of ethics ,SUPPLY chains ,SUPPLIERS ,TAXONOMY ,HUMAN rights ,INTERNATIONAL law - Abstract
Even though workplace conditions worldwide are subject to local and international laws, labor conditions in global supply chains have continuously raised human rights concerns. In response to societal pressure, multinationals have taken on a certain degree of responsibility regarding workplace conditions in supplier factories, notably by adopting codes of conduct. Investigating the impact of this self‐regulatory policy, scholars have examined whether and how codes shape labor conditions at the production level, but the results of their empirical studies diverge and sometimes contradict. To bring clarity to the field and gain an overarching understanding of the impact of codes, this literature review analyzes the question of their effectiveness as examined in 33 scientific papers gathered via a systematic selection of empirical studies. The review shows that supplier codes are not deemed unanimously and evenly effective by scholars and often fail to improve labor conditions. However, a range of factors are identified that facilitate the implementation of codes and ensure its effectiveness. This article develops a taxonomy of these factors and intends to contribute to understanding codes' decoupling and recoupling processes by investigating the gap between codes provisions and their intended outcome: the improvement of labor practices in global supply chains. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
127. Influencing Enforcement: The Application of International Law in Independent Judiciaries—The Case of the Alien Tort Statute.
- Author
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Bayram, A. Burcu and Miller, Banks
- Subjects
- *
INTERNATIONAL law , *NONCITIZENS , *TORTS , *JUDICIAL process , *HUMAN rights , *INTERNATIONAL relations - Abstract
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]
- Published
- 2023
- Full Text
- View/download PDF
128. Regulating Online Hate Speech through the Prism of Human Rights Law: The Potential of Localised Content Moderation.
- Author
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Hatano, Ayako
- Subjects
- *
ONLINE hate speech , *HUMAN rights , *INTERNATIONAL law , *ONLINE social networks , *CIVIL society , *ARTIFICIAL intelligence , *CIVIL rights - Abstract
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]
- Published
- 2023
- Full Text
- View/download PDF
129. A Non-Human Theory of Rights from Latin America.
- Author
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Gonzalez Chacon, Christian
- Subjects
CAPABILITIES approach (Social sciences) ,JURISPRUDENCE ,HUMAN rights ,AUTONOMY (Psychology) ,INTERNATIONAL law ,VALUE (Economics) - Abstract
This paper contributes to the ongoing construction of non-human rights. I will argue that international law should move towards the recognition of animals and nature as subjects of rights (positive and negative). I will propose to combine two paths that show ways out of the anthropocentrism of international human rights law. The first is the capabilities approach of Martha Nussbaum that, while remaining indebted to Rawlsian liberalism, can provide a framework for the protection of non-humans in human rights practice through an understanding of rights as basic capabilities to flourish. The second path is the Earth Constitutionalism and jurisprudence in Latin America. Heavily influenced by indigenous legal philosophies, Latin American jurisprudence highlights ways in which we could move beyond the thin social goods of liberalism and promote human rights as a harmonizer force that protects nature as having worth by itself. These approaches combined pave the way for a postliberal approach to rights in which we move from the rationality-autonomy-freedom justification of rights towards a capabilities-harmony-sustainability approach to rights. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
130. Current Challenges of International and European Human Rights Law: Introductory Remarks.
- Author
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Karska, Elżbieta and Karski, Karol
- Subjects
- *
HUMAN rights , *JUSTICE administration , *INTERNATIONAL law - Abstract
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]
- Published
- 2023
- Full Text
- View/download PDF
131. Armonización entre derechos humanos e inversión extranjera en Latinoamérica a través de tribunales arbitrales de inversión, a partir de la teoría de Neil MacCormick.
- Author
-
Arévalo Moscoso, María Alejandra
- Subjects
LEGAL reasoning ,JURISPRUDENCE ,FOREIGN investments ,INTERNATIONAL law ,JUSTICE administration ,INTERNATIONAL arbitration ,ARBITRATION & award - Abstract
Copyright of Revista Direito GV is the property of Fundacao Getulio Vargas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
132. Několik poznámek k vládě práva ve vnitrostátním a v mezinárodním právu (zejména v oblasti mezinárodní bezpečnosti).
- Author
-
Ondřej, Jan
- Subjects
INTERNATIONAL law ,RULE of law ,EXECUTIVE power ,HUMAN rights ,PRAXIS (Process) - Abstract
Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
133. In Search of Consistency in International Law on the Right to Self-Determination, Non-Interference, and Territorial Integrity.
- Author
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Okeke, Charles
- Subjects
INTERNATIONAL law ,HUMAN rights ,SELF-determination theory ,INTERNATIONAL security ,POST-Cold War Period - Abstract
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]
- Published
- 2022
- Full Text
- View/download PDF
134. Assisted suicide from the standpoint of EU private international law.
- Author
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Vanin, Omar
- Subjects
CONFLICT of laws ,INTERNATIONAL law ,ASSISTED suicide ,EUROPEAN Convention on Human Rights ,GOVERNMENT policy - Abstract
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]
- Published
- 2022
- Full Text
- View/download PDF
135. All About That Face (No Trouble?) An Analysis of the Dutch Ban on Face-Covering Garments in Light of the ECHR, ICCPR and CEDAW, together with Feminist Theory.
- Author
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BUERKERT, JOHANNA, SCHUT, MICHAËL, and SZUHAI, LILI
- Subjects
FEMINIST theory ,SEX discrimination against women ,POLITICAL rights ,POLITICAL conventions ,HUMAN rights ,INTERNATIONAL law - Abstract
The Dutch ban on face-covering garments (BFG) has caused a considerable amount of debate in the Netherlands since its entry into force on August 1, 2019. Questions have been raised as to whether this law is discriminatory towards those who wear fullface veils for religious reasons, as these individuals, almost exclusively women, will be excluded from public life based on their religion. Inspired by this debate, this paper analyzes the Dutch BFG from a regional and international law perspective. More specifically, this paper seeks to analyze Dutch BFG in light of the European Convention on Human Rights, the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Additionally, feminist theories play an auxiliary role in specifying CEDAW obligations from a feminist perspective. While the ban may be justified from the point of view of the European Convention on Human Rights, it is problematic from the perspectives of the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination against Women. Further research should therefore investigate this tension to determine how these frameworks can be reconciled while considering that the standard set by the European Court of Human Rights only provides a minimum level of protection. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
136. The Principle of Proportionality in Modern Ius Gentium.
- Author
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UCARYILMAZ, TALYA
- Subjects
INTERNATIONAL law ,MARITIME law ,CIVIL law ,PROPORTIONALITY in law ,PUBLIC law ,HUMANITARIAN law ,HUMAN rights - Abstract
The principle of proportionality refers to the criteria for fair and optimal balancing of interests. It is widely applied to international disputes and has gained institutional and scholarly acceptance in the field of international law. This paper aims to explore the longue durée of the principle, drawing on an interdisciplinary perspective on international law. It affirms the traditional role of proportionality in international legal sphere and values its familiar role in introducing flexibility in law, remaining close to its conventional interpretation. However, the paper also questions its contemporary ethos, as it is based historically on its relation to equity. To this end, it examines the historical roots of the principle as part of the early modern law of nations, as well as how such a general principle should be seen as applicable to private relationships. The aim is therefore to re-think the principle of proportionality in modern ius gentium as based on how public and private law principles need to be interpreted relative to each other and continue to be shaped continuously as an extension of their shared history. It is in this sense that we can examine the need for equity in the international sphere, which will be demonstrated concretely for three distinct areas where proportionality predominates: the law of war, the law of maritime delimitation and international human rights law. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
137. Cambiamento climatico, disastri e diritti umani nel diritto internazionale.
- Subjects
CLIMATE change laws ,CLIMATE change mitigation ,EMERGENCY management ,INTERNATIONAL law ,CLIMATE change ,HUMAN rights ,DISASTERS ,NATURAL disasters - Abstract
The paper investigates how the relationships between climate change, disasters and human rights are framed within the realm of international law. The paper takes into exam: i) the interaction between international climate change law and international disaster law; ii) the integration of human rights into international climate change law and international disaster law; iii) the international human rights obligations applicable to climate action and disaster management. The aim is to shed light on the synergies and conflicts between the three relevant international law regimes. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
138. The Justiciability of Right to free Basic Education Conundrum in Nigeria, South Africa and India: from Obstacle to Miracle.
- Author
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Akingbehin, Emmanuel Olugbenga
- Subjects
BASIC education ,HUMAN rights ,SCHOOL children ,LEGAL rights ,CIVIL rights ,MIRACLES ,RIGHTS - Abstract
The right to free basic education is guaranteed under the national, international and regional laws. While many states protect the right to education in their Constitutions in form of fundamental right, which is enforceable in courts, others, including Nigeria, do so in form of directive principle of the state policy which is perforce, unenforceable. Its non justiciability has constituted an obstacle, making its realization a smokescreen. A global monitoring report by UNESCO Education for All on sub-sahara Africa indicated that about 33 million children of school age are still not enrolled in school in the region. Nigeria, together with six countries reportedly had more than one million out-of-school children while several million adults are also illiterates. This paper therefore, examined the legal framework for the right to basic education in Nigeria, appraising the applicable domestic, regional and international instruments. The paper also applauded the recent breakthroughs recorded by Nigeria through judicial interventions. The author drew comparative lessons from South Africa and India and consequently proffered recommendations towards the actualization of the said right. [ABSTRACT FROM AUTHOR]
- Published
- 2021
139. NEVLADINE ORGANIZACIJE I POJAM ACTIO POPULARIS PRED EUROPSKIM SUDOM ZA LJUDSKA PRAVA.
- Author
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Barić, Danijel Javorić
- Subjects
NONGOVERNMENTAL organizations ,INTERNATIONAL law ,HUMAN rights ,LEGAL judgments - Abstract
Copyright of Croatian Annual of Criminal Sciences & Practice / Hrvatski Ljetopis za Kaznene Znanosti i Praksu is the property of Hrvatsko Udruzenje za Kaznene Znanosti i Praksu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
- Full Text
- View/download PDF
140. حماية حقوق اللاجئين: الصكوك والآليات الدولية والإقليمية.
- Author
-
عمر روابحي
- Abstract
Copyright of Arab Policy / Siyasat Arabiya is the property of Arab Center for Research & Policy Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
141. The no significant harm principle and the human right to water.
- Author
-
Spijkers, Otto
- Subjects
RIGHT to water ,HUMAN rights ,TRANSBOUNDARY waters ,WATER laws ,INTERNATIONAL law ,RADIOACTIVE waste management - Abstract
Access to water has been recognized as an international human right at least since 2010, when both the United Nations General Assembly and the Human Rights Council adopted resolutions to this effect. The no significant harm principle can be found in the UN Watercourses Convention, and in numerous other global, regional, and watercourse-specific treaties. This paper provides an explanation of how the no significant harm principle and the human right to water supplement each other, by jointly protecting both the State and the individual from significant harm done, by another State, to a watercourse on which they depend. The dispute between Chile and Bolivia relating to the status and use of the Silala waters is used as a case study, to illustrate the way in which these two international legal regimes (international water law and international human rights law) supplement each other. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
142. The heritage of the League of Nations' minority protection system.
- Author
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SCHEU, HARALD CHRISTIAN
- Abstract
This paper discusses the system of minority protection of the League of Nations. Minority protection occupied a prominent place on the League's agenda, which developed a significant expertise in the field. The League's system of minority protection is often regarded as an experiment. With regard to both material and procedural aspects this assessment is certainly correct. In particular, minority protection based upon legally binding treaties and declarations gave rise to the question of how individual and group rights should be treated within the frame of an international political organization. The paper further examines whether at least some of the elements of the League's minority protection system still persist in the context of contemporary international human rights law. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
143. Governance as a Legal Concept within the European Union: Purpose and Principles.
- Author
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Curtin, Deirdre M. and Dekker, Ige F.
- Subjects
PUBLIC administration ,INTERNATIONAL law ,HUMAN rights ,INTERNATIONAL relations - Abstract
Focuses on the concept of international governance in the European Union. Promotion of human rights; Legal system of the international organizations; Principles underlying the concept of governance.
- Published
- 2002
- Full Text
- View/download PDF
144. PROGRESS? A COMPARATIVE ANALYSIS OF DISABILITY LAW IN FORMER SOVIET COUNTRIES.
- Author
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Carney, Todd
- Subjects
DISABILITY laws ,CIVIL rights of people with disabilities ,COMPARATIVE studies ,RULE of law ,LAW reform - Abstract
This piece compares the rights of the disabled under the Soviet Union to the rights of the disabled in modern-day Russia and Estonia. The paper included Estonia because Estonia is the richest and most stable former Soviet Nation, so it would create a good contrast to Russia because Estonia has been able to flourish despite having to transition out of decades of Soviet control. The piece uses the comparison between all three states to look at what role the rule of law has on the rights of the disabled. Both the USSR and Russia had many issues with the rule of law, while Estonia is a stable democracy. The paper also seeks to evaluate whether disabled people have unequivocally better lives in post-Soviet Russia compared with the Soviet Union. The paper concludes that despite Russia technically being freer than when it was under Soviet control, many of the issues for the disabled in the Soviet Union remain in modern-day Russia due to Russia's deteriorating rule of law. Estonia, on the other hand, has created a myriad of rights for the disabled because it has a responsive democracy. [ABSTRACT FROM AUTHOR]
- Published
- 2020
145. Reflections on the Past, Present, and Future of IUU Fishing under International Law.
- Author
-
Oral, Nilufer
- Subjects
FISHERY laws ,INTERNATIONAL law ,HUMAN rights ,TRANSNATIONAL crime ,INTERNATIONAL courts - Abstract
The present brief contribution reflects on the evolution of IUU fishing, its current status, and possible future pathways to prevent, deter, and eliminate this practice. IUU fishing not only presents a question of management and conservation, but also entails serious human rights and transnational crime components. From these perspectives, this paper concludes that IUU fishing must be addressed through a multi-regime and multi-institutional process requiring the involvement of many stakeholders, including non-State actors. In particular, the effective settlement of IUU fishing disputes requires enhancing the role of international courts and tribunals as part of this process. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
146. Frontier justice: international law and 'lawless' spaces in the "War on Terror".
- Author
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Nylen, Alexandria J
- Subjects
INTERNATIONAL law ,LEGAL documents ,INTERVENTION (International law) ,WAR on Terrorism, 2001-2009 ,DRONE warfare ,FOOD sovereignty - Abstract
How does the discourse of international law facilitate extraterritorial state violence? This paper synthesizes insights from International Relations, comparative politics, and legal studies in order to explore how the sovereign foundations of international law may render "frontier territories" exceptionally vulnerable to external military intervention. I argue that international law's focus on sovereignty constitutes frontier territories as "ambiguous," which leads to discursive conflicts over how to define these spaces, what is considered "legal" and "illegal" action within them, and who gets to define their status. All of this creates a conducive environment for powerful international governments to denigrate frontier territories as "lawless," by rhetorically constructing them as exceptional legal spaces that do not deserve the same protections as areas ordered by sovereign ideals. To illuminate this empirically, I conduct a discourse analysis of 16 distinct legal documents from the Obama White House, including internal memorandums and public speeches on the legal standing of drone strikes in Pakistan, Yemen, and Somalia. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
147. Medical translation: the neglected human right.
- Author
-
Dalton-Oates, Bradley
- Subjects
MEDICAL errors ,HUMAN rights ,LANGUAGE & languages ,LINGUISTICS ,EVALUATION of medical care ,PATIENT safety ,PHYSICIAN-patient relations ,PUBLIC health ,TRANSLATIONS ,HEALTH facility translating services ,COMMUNICATION barriers ,ADVERSE health care events ,MEDICAL laws - Abstract
Purpose - The purpose of this paper is to highlight that the lack of a specific right to a medical translator under International Law can be considered an outlier when viewed within the context of the copious legislation regarding translation in general. Given the lack of specific legislation guaranteeing the right to a medical translator under International Law, the paper further aims to highlight the resulting effects on medical providers and patients. Design/methodology/approach - The paper opted for a detailed historical legal analysis regarding the history of translation under International Law in general, as well as specific international, intranational, and regional legislation regarding the right to a translator in medical settings. The data were complemented by a thorough review of documentary analysis of existing scholarship, detailing the experiences of medical providers and patients. Findings - The paper provides insights as to how international legislators have traditionally viewed medical translation: whether as a matter of international relations, access to care, discrimination, or as a fundamental part of the Right to Health. The paper finds that differing views on the subject have result in nations, regions, and medical providers having great discretion in deciding which patients are provided with a translator. The paper finds that such decisions are often made on a basis other than that of patient health. Research limitations/implications - Because the provisioning of translators in medical settings currently inevitably falls to a nation or single institution, research into which patients receive a translator and why lacks generalizability (because empirical data are not available for every region of the world). Researchers in future are encouraged to further develop the empirical evidence found in their regions with a more quantitative approach, documenting the non-provisioning of translators in their areas and categorizing the motives behind the decisions of medical providers in a given area. Practical implications - The paper includes implications for patients who have suffered adverse events after miscommunication (or lack of communication) with their medical providers. The paper aims to investigate in what venue may they seek legal remedy, and on what grounds. The paper also has implications for national and regional governments. Given the lack of binding International Law regarding medical translation, national and regional governments attempt to guarantee the provisioning of translators to some patients and not others. Such decisions may become political and have unintended consequences for medical providers and patients alike. Social implications - The paper includes implications for international legislators and national legislators. The paper also includes implications for medical providers and patients, as language barriers are becoming a more common feature in medical facilities around the world due to globalization and migration. The rate of patients suffering adverse events after not being provided with a competent medical interpreter is bound to rise. Originality/value - This paper fulfills a need to examine medical translation in the context of other types of translation under International Law. This paper fulfills a need to study how the lack of specific International Legislation guaranteeing the right to medical translation has implications for national/regional legislators, medical providers, and patients alike. This paper fulfills a need to discuss the legal remedies available to patients who have suffered adverse medical events after not being able to communicate with their medical provider. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
148. Disasters and non-state actors -- human rights-based approaches.
- Author
-
Hesselman, Marlies and Lane, Lottie
- Subjects
- *
HUMAN rights , *INTERNATIONAL law , *NON-state actors (International relations) , *EMERGENCY management , *NONGOVERNMENTAL organizations , *BUSINESS enterprises - Abstract
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]
- Published
- 2017
- Full Text
- View/download PDF
149. International law applicable to urban conflict and disaster.
- Author
-
McDermott, Ronan, Luelf, Charlotte, Hofmann, Laura, and Gibbons, Pat
- Subjects
NATURAL disasters -- Law & legislation ,HUMANITARIAN law ,INTERNATIONAL law ,URBAN ecology (Sociology) ,URBAN violence ,EMERGENCY management ,CONFLICT management - Abstract
Purpose -- The purpose of this paper is to provide a comprehensive overview of the international legal framework governing urban crises arising from conflict, "natural" and technological disasters. Design/methodology/approach -- The paper deploys legal analysis to the most relevant bodies of international law pertaining to urban crises and systematically outlines the key legal issues arising. Findings -- International humanitarian law (IHL) and international human rights law (IHRL) provide important protections to vulnerable persons in both human-made and "natural" disaster settings. While the two bodies of law do not draw explicit distinctions between urban and rural settings, their various provisions, and indeed their silence on, crucial issues that would enhance legal protection in urban settings merit greater attention. Research limitations/implications -- The paper provides an overview of the sources of international law of most relevance to urban crises. Further research is required into how the urban environment influences their application concretely in urban settings. Practical implications -- In an era when international law is being challenged from many sources and attention is turning to the increasing potential for urban violence and vulnerability, this paper serves to sensitise the disaster management and humanitarian community to the relevance of international legal frameworks to its activities in urban settings. Originality/value -- This paper considers the most salient international legal issues arising during crises and compares and contrasts how the different bodies of international law (IHL and IHRL) address each of the kinds of crises (conflict, "natural" or technological disaster), respectively. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
150. The jurisprudence of elimination: starvation and force-feeding of Palestinians in Israel's highest court.
- Author
-
Samuel, M.T.
- Subjects
- *
INTERNATIONAL law , *PALESTINIANS , *JURISPRUDENCE , *HUMAN rights , *APPELLATE courts - Abstract
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]
- Published
- 2022
- Full Text
- View/download PDF
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