Transnational Lawmaking Coalitions for Human Rights

2021 ◽  
Author(s):  
Nina Reiners
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Significant Contribution ◽  
Hate Speech ◽  
Original Data ◽  
Transnational Actors ◽  
Treaty Body ◽  
The Right

Transnational Lawmaking Coalitions is the first comprehensive analysis of the role and impact of informal collaborations in the UN human rights treaty bodies. Issues as central to international human rights as the right to water, abortion, torture, and hate speech are often only clarified through the instrument of treaty interpretations. This book dives beneath the surface of the formal access, procedures, and actors of the UN treaty body system to reveal how the experts and external collaborators play a key role in the development of human rights. Nina Reiners introduces the concept of 'Transnational Lawmaking Coalitions' within a novel theoretical framework and draws on a number of detailed case studies and original data. This study makes a significant contribution to the scholarship on human rights, transnational actors, and international organizations, and contributes to broader debates in international relations and international law.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Sex, Slavery and the High Court of Australia: The Contribution of R v. Tang to International Jurisprudence

2010 ◽  
Vol 10 (3) ◽  
pp. 403-423 ◽  
Author(s):  
Stephen Tully
Keyword(s):  
Human Rights ◽  
International Law ◽  
Significant Contribution ◽  
High Court ◽  
Sex Slavery ◽  
Definition Of ◽  
The Right ◽  
High Court Of Australia ◽  
Conceptual Integrity

AbstractThe judgment of the High Court of Australia in R v. Tang is a significant contribution to jurisprudence on the definition of slavery under international law. This case considered whether the intention of the perpetrator was a necessary element for the prosecution of that offence under Australian law. The High Court also preserved the conceptual integrity of slavery, evaluated the decisions in Kunarac and Siliadin, identified the powers attaching to the right of ownership as that expression appears in the 1926 and 1956 Slavery Conventions and employed a human rights orientation to contemporary manifestations of slavery. Although considerable practical challenges remain for enforcing the prohibition against slavery in Australia, R v. Tang marks a significant precedent likely to influence future international jurisprudence on the topic.

scholarly journals Human Rights and Multilateral Diplomacy. A perspective of the Dicastery for Promoting Integral Human Development on the Right to Life

2020 ◽  
pp. 39-51
Author(s):  
Christine Jeangey
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Development ◽  
International Organizations ◽  
Right To Life ◽  
Holy See ◽  
Multilateral Negotiations ◽  
The Right ◽  
Multilateral Diplomacy ◽  
Integral Human Development

The article describes the contribution and activities of the Pontifical Department for the Promotion of integral human development. The Holy See as a subject of international law participates in multilateral negotiations, especially in international organizations such as the United Nations, making a concrete effort to promote the right to life, which today is often denied or even combated as a limitation of other (false) rights recognized as new human rights.

scholarly journals Information Pollution in a Digital and Polarized World as a Challenge to Human Rights Protection – the Council of Europe’s Approach

2021 ◽  
Vol 46 (3) ◽  
pp. 7-26
Author(s):  
Alicja Jaskiernia
Keyword(s):  
Human Rights ◽  
Public Opinion ◽  
International Organizations ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Abusive Behaviour ◽  
The Right

Information pollution in a digitally connected and increasingly polarized world, the spread of disinformation campaigns aimed at shaping public opinion, trends of foreign electoral interference and manipulation, as well as abusive behaviour and the intensification of hate speech on the internet and social media are the phenomenon which concern international public opinion. These all represent a challenge for democracy, and in particular for the electoral processes affecting the right to freedom of expression, including the right to receive information, and the right to free elections. It is a growing international effort to deal with these problems. Among international organizations engaged to seek solutions is the Council of Europe (CoE). The author analyses CoE’s instruments, legally binding (as European Convention on Human Rights), as well of the character of “soft law”, especially resolution of the CoE’s Parliamentary Assembly 2326 (2020) Democracy hacked? How to respond? She exposes the need for better cooperation of international organizations and states’ authorities in this matter.

Bobbio, i diritti umani e la dottrina internazionalista italiana

2009 ◽  
pp. 485-502
Author(s):  
Francesco Salerno
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
State Level ◽  
Legal Framework ◽  
Legal Studies ◽  
Long Time ◽  
Legal Thinking ◽  
The Right ◽  
The Impact

- Two elements must be taken into account in order to assess Bobbio's influence on Italian legal thinking regarding human rights and their protection at the international level: on one side, Bobbio's polyedric attitude towards legal studies; on the other side, the difficulty experienced by the Italian doctrine of international law in moving away from traditional positivist and statalist paradigms. The "dialogue" between Bobbio and international legal thinking probably reached its peak in the middle of the 20th Century, when some international law scholars, referring inter alia to Bobbio's reflection on custom as a source of law, developed the idea of "spontaneous law" in connection with international customary rules. Yet, this "contact" had only a limited impact on the law of human rights, probably due to the fact that, for a long time, Italian scholars have generally followed a very cautious approach over the possibility of ascertaining the existence of universal rules for the protection of such rights. Besides, the Italian doctrine of international law, in line with its formalistic and statalist foundations, paid in general little attention to the "promotional" function of international law in the area of human rights, despite Bobbio's attempts to draw the attention to its potentials, especially after the adoption of the Universal Declaration of Human Rights(1948). Italian scholars, assuming that international relations and international law should be looked at from the standpoint of the "constitutional sovereignty" of the State, have also been generally unwilling to study the impact of international rules over issues of constitutional law and to assess whether international law requires States to adopt an institutional and legal framework compatible with the "right to democracy". Instead, Bobbio's attention to federalism has proved to be more easy to share among international law scholars, especially in connection with international organizations acquiring a supra-national dimension: the need of assuring respect of human rights within such organizations, just like at State level, has been constantly remarked by Italian authors.

Prawo do zawierania umów międzynarodowych przez Stolicę Apostolską

2021 ◽  
pp. 152-167
Author(s):  
Sławomir Majszyk
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Theoretical Consideration ◽  
Legal Capacity ◽  
Legal Personality ◽  
Holy See ◽  
Long Period ◽  
The Right ◽  
International Legal Personality

The Holy See is a specific (sui generis) subject of the international law. The acknowledgement of the international legal personality is related to the possession of legal capacity and the capacity of legal international proceedings. The Holy See is regarded as a sovereign subject of international law, which has its own rights and obligations concerning international relations. It has the right to send and receive the minister resident (ius legationis), to participate in conferences and to be member of international organizations (ius foederum), as well as the treaty making capacity (ius tractatuum). One of the principal formal contexts in which the question of international legal personality arises is the capacity to make treaties and agreements valid on the international legal plane. The ius tractatuum possessed by the Holy See is not only based on theoretical consideration of international law principles, but has also been amply attested to by the actual practice of states over a very long period.

scholarly journals Toward Rejuvenated Inspiration with the Unbearable Lightness of Anthropology

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 283-288
Author(s):  
Miia Halme-Tuomisaari
Keyword(s):  
Human Rights ◽  
International Law ◽  
Community Of Practice ◽  
International Organizations ◽  
Shared Understanding ◽  
Political Rights ◽  
Legal Fiction ◽  
State Compliance ◽  
Treaty Body ◽  
Civil And Political Rights

How might the connections between anthropology and international law become more dynamic? I reflect upon this question in this essay using ethnographic insights from the documentary cycles of the UN Human Rights Committee, the treaty body monitoring state compliance with the International Covenant on Civil and Political Rights. Building on recent anthropological scholarship on international organizations, bureaucracy, and documents, this essay discusses the knowledge practices and legal technicalities that characterize the international community of human rights lawyers. In particular, I reflect on the legal fiction of difference governing UN treaty bodies’ operations and the empirical sameness of participants in different formal categories in the shared community of practice of human rights lawyers. I conclude by suggesting that anthropological insights could significantly enrich our shared understanding of the diverse and subtle effects of human rights monitoring. Simultaneously such insights may offer rejuvenated inspiration for those international lawyers tackling a sense of losing faith in their discipline, both as an influential tool of world improvement and an invigorating intellectual tradition.

The Denial of Oral Hearings by International Administrative Tribunals as a Factor for Lifting Organizational Immunity before European Courts

2019 ◽  
Vol 16 (2) ◽  
pp. 407-446
Author(s):  
Clemens Treichl
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Labour Organization ◽  
European Court ◽  
Domestic Courts ◽  
The Right ◽  
Administrative Tribunal

Although formally provided for in particular statutes, certain international administrative tribunals continue to hold oral hearings—if at all—only on the rarest of occasions. With specific attention to the International Labour Organization Administrative Tribunal, the present paper aims 1) at recapitulating essential holdings of the European Court of Human Rights with regard to the right to access to a court in the context of employment-related claims against international organizations; and 2) at examining the relevance of oral hearings in the determination of proportionality of organizational immunity. The analysis shows that, in principle, the denial of oral hearings by international administrative tribunals results in the duty of states to afford individuals access to a court. In the realm of international law, a conflict with the obligation to grant immunity ensues. As yet, domestic courts have remained reluctant to overrule immunity on human rights grounds.

No Thank You to a Radical Rewrite of the Jus ad Bellum

2013 ◽  
Vol 107 (2) ◽  
pp. 386-390 ◽  
Author(s):  
Gabor Rona ◽  
Raha Wala
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Due Process ◽  
Use Of Force ◽  
Right To Life ◽  
Legal Scholarship ◽  
Jus Ad Bellum ◽  
The Law ◽  
The Right

Just as a newspaper must separate its reporting from its editorials, legal scholarship must distinguish between representations of what the law is and what the author might like it to be. Daniel Bethlehem’s proposed principles and his arguments in support of them are an amalgam of the two that, if actualized under international law, would reverse more than a century of humanitarian and human rights progress: they would undermine the general prohibition against the use of force in international relations as well as the right to life and the scope of a state’s obligation of due process in the deprivation of life.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

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