scholarly journals Due Process Is in the Details: U.S. Targeted Economic Sanctions and International Human Rights Law

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 157-162 ◽  
Author(s):  
Elena Chachko
Keyword(s):  
Human Rights ◽  
Due Process ◽  
The United States ◽  
International Standards ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
Wide Range ◽  
International Human

The United States has employed targeted sanctions—economic and travel restrictions imposed directly on natural and legal persons—in a wide range of policy areas in the past two decades. This includes counterterrorism, nonproliferation, and cyber, as well as sanctions regimes aimed at changing the behavior of various governments. A substantial literature has considered the compatibility with international human rights law of the targeted sanctions practices of other actors, particularly the UN Security Council and the European Union. But relatively few scholars have examined U.S. targeted sanctions practices from that perspective. This essay argues that in principle, current U.S. designation practices can be reconciled with international standards. However, a more robust conclusion about the practices’ compatibility with international human rights law would require more information on the application of designation procedures in individual cases.

A Need for Transnational Non Bis in Idem Protection in International Human Rights Law

2005 ◽  
Vol 23 (3) ◽  
pp. 329-347 ◽  
Author(s):  
Alexander Poels
Keyword(s):  
Human Rights ◽  
Due Process ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human ◽  
The Individual ◽  
Domestic Law

Although safeguards for the individual human right guarantees for protection against double jeopardy are strongly entrenched in international and domestic law as well as widely reflected in State practice, such protection is generally limited in scope and applicability to surrender or extradition procedures. Where criminal offenders face courts of a State after having been prosecuted and punished or acquitted by a court of another State, the absence of transnational non bis in idem protection constitutes a serious lacuna in international human rights law. Although legislative and judicial initiatives are being undertaken – notably under the aegis of the European Union – to remedy this lacuna, the international community must incontestably act upon this need for individuals' protection against abuses of power and breaches of due process through the amendment or complementing of the classical international human rights conventions.

scholarly journals Everyday Lawmaking in International Human Rights Law: Insights from the Inclusion of Domestic Violence in the Prohibition of Torture

2021 ◽  
pp. 1-31
Author(s):  
Natalie R. Davidson
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Institutional Environment ◽  
Process Tracing ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Wide Range ◽  
International Human ◽  
Norm Change

How is international human rights law (IHRL) made “everyday” outside of treaty negotiations? Leading socio-legal accounts emphasize transnational civil society activism as a driver of norm change but insufficiently consider power dynamics and the legal-institutional environment. This article sheds light on these dimensions of IHRL by reconstructing how domestic violence came to be included in the prohibition of torture in five international and regional human rights institutions. Through process tracing based on interviews and a vast amount of documentation, the study reveals everyday lawmaking in IHRL as a complex, incremental process in which a wide range of actors negotiate legal outcomes. The political implications of this process are ambiguous as it enables participation while creating hidden sites of power. In addition to challenging existing models of international norm change, this study offers an in-depth empirical exploration of a key development in the international prohibition of torture and demonstrates the benefits of process tracing as a socio-legal methodology.

scholarly journals Freedom of Expression in Malaysia: Compatibility with the International Human Rights Standard

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 44
Author(s):  
Saidah Fasihah Binti Che Yussoff ◽  
Rohaida Nordin
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
International Standards ◽  
Freedom Of Information ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human

<p>Malaysia is likely to introduce new laws on freedom of information. However, the important questions are whether the said laws are effective and will have enough bite with the public looking forward to opening government policy. Freedom of information has developed under international human rights law as the right to freedom of expression, including the freedom to seek, receive and impart knowledge and ideas through media, regardless of any frontier. This paper aims to examine freedom of expression under the international realm, scrutinize the said freedom in the Malaysian legal framework, and discuss the proposed enactment of freedom of information laws in Malaysia in conformity with international human rights law. This research uses the qualitative research method. This paper concludes that freedom of information in Malaysia is severely impeded by the enforcement of the Official Secret Act. This paper calls for the repeal or amendment to the Act in conformity with international standards.  </p><p><strong>Keywords</strong><strong>:</strong> Expression; Freedom; Expression; Human Right.</p>

Conclusion

2020 ◽  
pp. 210-216
Author(s):  
Lea Raible
Keyword(s):  
Human Rights ◽  
Global Justice ◽  
Political Power ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Narrow View ◽  
Wide Range ◽  
International Human

The conclusion revisits the central tenets and strands of the argument: how to understand interpretation, why jurisdiction is necessary, and how to account for it in international human rights law, how to relate it to territory, and how to apply jurisdiction as political power to a wide range of cases. It futher connects the theory of extraterritoriality developed in the previous chapters to wider considerations and takes stock of which questions have been answered and which questions remain. Finally, we consider why a narrow view of human rights might be our best option if we want to advance claims of global justice.

Equality and Non-discrimination Law in the EU

2021 ◽  
pp. 387-462
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
Men And Women ◽  
Treaty Of Rome ◽  
International Human ◽  
The Right ◽  
The Eu

This chapter addresses equality and non-discrimination, which are explicitly acknowledged as foundational values in the EU context in Article 2 TEU. Similarly, the right to non-discrimination enjoys wide recognition in international human rights law. In the EU, non-discrimination had a specific role to play from the outset of European integration. Despite being founded without explicit reference to human rights, the original Treaty of Rome nonetheless prohibited discrimination on the basis of nationality (now Article 18 TFEU), as well as discrimination regarding pay between men and women (now Article 157 TFEU). Today, the scope of non-discrimination was enlarged, paving the way for Directives on racial equality and non-discrimination in the field of employment on the grounds of religion, disability, age, and sexual orientation. Moreover, the Court of Justice of the European Union (CJEU) identified the principle of equality as a general principle of EU law.

scholarly journals REPUTATION AND COMPLIANCE WITH INTERNATIONAL HUMAN RIGHTS LAW: EXPERIMENTAL EVIDENCE FROM THE US AND SOUTH KOREA

2019 ◽  
Vol 19 (2) ◽  
pp. 215-238
Author(s):  
Matthew Dale Kim
Keyword(s):  
Human Rights ◽  
South Korea ◽  
Public Support ◽  
The United States ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Us ◽  
Survey Experiments ◽  
International Human

AbstractPast studies suggest that domestic public support for compliance with international human rights law can constrain governments to comply with human rights law. But the question remains: Why does the public care about compliance? Using a series of survey experiments in South Korea and the United States, this study finds that constituents are concerned about compliance in one issue area—such as human rights—because they believe it will affect the country's reputation in other domains of international law. Cross-national survey experiments demonstrate that past noncompliance negatively affects the South Korean public's second-order beliefs about the likelihood of future compliance across different issue areas. However, past noncompliance has a limited impact on the US public's first-order beliefs across different domains.

International human rights law: a selected annotated bibliography

2015 ◽  
Vol 29 (6) ◽  
pp. 2-8
Author(s):  
Amy Burchfield
Keyword(s):  
Human Rights ◽  
General Public ◽  
Annotated Bibliography ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Content Type ◽  
Wide Range ◽  
International Human ◽  
Just Society

Purpose – This selected annotated bibliography guides users to print and online tools for researching international human rights law. Design/methodology/approach – To research international human rights law, users may need to access a wide range of resources that represent varying levels of depth and analysis. Thus, this selected annotated bibliography reviews a selection of dictionaries, handbooks, nutshells, encyclopedias, guides and Web sites that will be useful to scholars, students, practitioners and the general public. The results of a trial search for information on the women’s human rights are included for each resource. Findings – As recent world events such as the Arab Spring and the Syrian Civil War make headlines, the need for understanding international human rights law continues to be essential to life in a just society. The resources reviewed here help researchers, practitioners and the general public better understand the human rights implications of the events happening around them today, as well as past events. Originality/value – This is an original bibliography that aims to select and review tools for researching international human rights law from a variety of types and formats. It may be valuable to librarians working in academic, school and public libraries who handle questions about human rights, legal issues and world events.

American Courts, Global Norms

2019 ◽  
pp. 220-251
Author(s):  
Martin S. Flaherty
Keyword(s):  
Human Rights ◽  
The United States ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Customary International Law ◽  
High Profile ◽  
The Supreme Court ◽  
Heated Area ◽  
International Human

This chapter considers a phenomenon that has consistently been among the most contentious of modern legal controversies—the application by American courts of international human rights. Recent years have witnessed high-profile conflicts over international human rights law. One major battle involves whether, when, and how U.S. courts should recognize rights set out in the nation's treaty obligations. Another heated area of contention has arisen under an act of Congress, the Alien Tort Statute. Perhaps most heated of all have been debates over the use of foreign legal materials, including customary international law, to interpret the Constitution of the United States. In these areas as well, the Supreme Court, and the judiciary generally, has wavered. Yet once more, a fresh appreciation of the principles the Founders entrenched, the subsequent custom that on balance confirms that original vision, and the consequences of the way nations interact in a globalized age—all these imperatives point away from the path that the judiciary appears more and more to be considering, and back to the course first established.

Towards ever greater coherence? Human rights policies in the evolving EU

2020 ◽  
pp. 569-588
Author(s):  
Lisa Ginsborg ◽  
Graham Finlay
Keyword(s):  
Economic Policy ◽  
Human Rights ◽  
Policy Making ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
Structural Coherence ◽  
International Human ◽  
The Eu

Coherence remains one of the most important challenges facing the European Union (EU) with respect to its commitment to human rights. While perfect coherence in EU human rights policy may never be possible, and is perhaps not even desirable, the normative coherence of EU human rights policy-making under international human rights law remains essential to uphold such a commitment and ultimately to avoid human rights violations by EU actors themselves. ‘Hard interests’, including security, managing migration, or economic policy, must never be used as an excuse to violate human rights, especially by the EU. The present chapter offers a number of suggestions to overcome different types of incoherence, and to promote normative, interest-based, and structural coherence in EU human rights action. Starting from this three-fold typology of incoherence, the chapter identifies different ways in which incoherence is a challenge for EU human rights policy, and offers suggestions to EU actors for opportunities to promote coherent human rights policy and best practices in this regard. Despite the EU’s complex institutional structure and web of competences, significant opportunities remain for the EU and its Member States to act coherently for human rights, both through law—in particular international and regional human rights law—and through the practice of EU actors themselves.

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