scholarly journals The Limits of Authoritarian International Law

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 247-251
Author(s):  
Chibli Mallat
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Democratic Governance ◽  
League Of Nations ◽  
World Federation ◽  
Perpetual Peace ◽  
Present Essay ◽  
The World ◽  
The One

Tom Ginsburg's concept of “authoritarian international law” (AIL) is as important as the one it references, Thomas Franck's “right to democratic governance.” It underlines how the promise carried by Franck was betrayed in the bitter turn of history that ended the emerging hope for democracy ruling all nations in the world after 1989. This hope had developed by fits and starts as the slow fulfilment of the Kantian project for “perpetual peace” amongst a world federation of democratic republics on which the League of Nations and the United Nations were built. To the now-universal acknowledgment of the grave domestic setbacks to human rights and democracy, Ginsburg's article adds an account of the international setbacks which followed. Its chief importance is in raising the question of the emergent authoritarian traits of international law in the wake of these setbacks. With my appreciation of Ginsburg's formidable treatment, including a title that will mark, like Franck's, an important moment in the field, I will challenge some of his conclusions and offer counterpoints in the present essay. In particular, I will (1) suggest the irrelevance of the three “evils of AIL”; (2) highlight the significance of 2006 as the date when AIL started rising; (3) emphasize the importance of U.S. isolationism in the rise of AIL; and (4) argue that the better investment to counter that rise is in nonviolence.

scholarly journals Does the exclusion of a right to basic sanitation in international law impede its legal enforcement?

2019 ◽  
Vol 23 ◽  
Author(s):  
Siyambonga Heleba
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rural Populations ◽  
International Organisations ◽  
Cultural Rights ◽  
Legal Enforcement ◽  
The World ◽  
Basic Sanitation ◽  
The Right

ABSTRACT Despite expressly providing for a number of rights, the International Covenant on Economic, Social and Cultural Rights (ICESCR) sadly omits the right to basic sanitation. This is a matter of concern as figures released by United Nations agencies and other international organisations paint a bleak picture of the levels of provision (or lack thereof) of basic sanitation around the world. They demonstrate huge and growing disparities in relation to the provision of basic sanitation facilities between urban and rural populations. International law has certainly not helped the situation by omitting this important right in key human rights instruments such as the ICESCR This is also manifested in the tendency by many governments to separate basic sanitation from the right to water. The article argues, however, that this fact alone should not hinder the legal enforcement of this right. Keywords: Basic sanitation, global picture, international law, human rights, legal enforcement

scholarly journals International Law and the Death Penalty: A Toothless Tiger, or a Meaningful Force for Change

2018 ◽  
Author(s):  
Sandra L. Babcock
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Southeast Asia ◽  
International Law ◽  
Death Penalty ◽  
Latin American ◽  
Capital Punishment ◽  
Universal Declaration ◽  
General Assembly ◽  
The World

Over the last several decades, the world has made great strides towards universal abolition of the death penalty. Since the Universal Declaration on Human Rights was adopted in 1948, nearly 100 countries have abolished the death penalty as a matter of law. European and Latin American nations have been on the forefront of abolitionist efforts, but anti-death-penalty sentiment is not limited to those regions; support for the death penalty is waning in Africa and Southeast Asia as well. All but one or two nations claim to no longer execute minors, and many of the world's leading executioners have greatly reduced the number of crimes for which the death penalty can be applied. The General Assembly of the United Nations has now passed four resolutions in favor of a universal moratorium on capital punishment, and each has been supported by a greater number of countries-even those that were previously considered staunch supporters of the death penalty.

scholarly journals Tindak Pidana Penyelundupan Manusia Dengan Modus Operandi Memperkerjakan PMI Ke Luar Negeri Ditinjau Dari UNCATOC Dan Hukum Internasional

2021 ◽  
Vol 21 (3) ◽  
pp. 1050
Author(s):  
Dikky Firsthio Damas ◽  
Fabian Bagaskara Sugianto ◽  
Randy Asmoro Dwi Purnomo
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Migration ◽  
Organized Crime ◽  
Modus Operandi ◽  
Transnational Organized Crime ◽  
The World ◽  
United Nations Convention ◽  
The Relationship

People smuggling affects all regions of the world. Every year, thousands of immigrants and refugees try to leave their home countries and seek a better life in their destination countries. The purpose of this paper is to find out how the criminal act of people smuggling with the modus operandi of employing PMIs abroad in terms of UNCATOC and international law and what is the relationship between the crime of human smuggling and international migration if it is associated with international law. It can be concluded that the United Nations Convention against Transnational Organized Crime has a Protocol that is intended to combat smuggling by preventing, investigating and prosecuting violations, and by promoting international cooperation among States Parties to protect the human rights and other interests of smuggle.

The United Nations and Domestic Jurisdiction

1949 ◽  
Vol 3 (1) ◽  
pp. 14-28 ◽  
Author(s):  
Leland M. Goodrich
Keyword(s):  
United Nations ◽  
International Law ◽  
League Of Nations ◽  
World Community ◽  
The Past ◽  
Basic Law ◽  
The World ◽  
Domestic Jurisdiction ◽  
The United Nations

Referring to “domestic jurisdiction” as used in the League Covenant, Professor J. L. Brierly characterized it as “a new catchword,” capable of proving as great a hindrance to the orderly development of international law as “sovereignty” and “state equality” had been in the past, and about which “little seems to be known except its extreme sanctity.” Since these words were written, the Covenant of the League of Nations has been replaced by the Charter of the United Nations as the basic law of the organization of the world community. The concept of a reserved domestic jurisdiction is still with us. In fact, Article 2, paragraph 7, of the Charter gives it a broader definition and a wider range of application than did Article 15, paragraph 8, of the Covenant. What is the meaning of the domestic jurisdiction principle as set forth in the Charter? What effect has it had in practice on the working and development of the United Nations?

Part I The Human Rights Mandate of the Principal Organs, 2 The General Assembly

2020 ◽  
Author(s):  
Clapham Andrew
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Related Field ◽  
General Direction ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
The Will

This chapter examines the General Assembly, which is the United Nations’ main deliberative organ. To the extent that it reflects the will of the majority of the UN members, it has some influence on the organization’s general direction. It is the organ generally mandated to discuss and make recommendations on any question within the scope of the UN Charter, and it is specifically asked to initiate studies and make recommendations to promote, among other things, human rights. However, the General Assembly is an assembly of state representatives. This political composition can make it difficult to find agreement on which human rights deserve promotion, and which states, or rather which governments, should be singled out for censure. Nevertheless, the General Assembly has developed the international law and universal standards which underpin the world of human rights protection, improved the United Nation’s institutional machinery, and authorized some important human rights-related field operations and investigative mandates.

6. What international law does well

2015 ◽  
pp. 105-119
Author(s):  
Vaughan Lowe
Keyword(s):  
Human Rights ◽  
United Nations ◽  
World Trade Organization ◽  
International Law ◽  
Environmental Protection ◽  
World Trade ◽  
Criminal Activity ◽  
International Economy ◽  
Humanitarian Law ◽  
The World

States cooperate in making and applying international law in circumstances where they are agreed upon the goals to be pursued, so that the law is employed to express a willing cooperation between them rather than to force rules upon them. ‘What international law does well’ considers the mechanisms of why and how States cooperate. Some arrangements are designed to facilitate transactions rather than to prescribe rules or standards. Examples include cooperation between legal systems and the United Nations. Key areas where international law has had success are in the international economy, through the World Trade Organization; humanitarian law and human rights; environmental protection; and the repression of criminal activity.

scholarly journals MULTILATERALISM AND THE UN IN SOUTH AFRICA'S FOREIGN POLICY

2016 ◽  
Vol 4 (8) ◽  
Author(s):  
Chris Landsberg
Keyword(s):  
South Africa ◽  
Sustainable Development ◽  
Human Rights ◽  
United Nations ◽  
International Law ◽  
World Bank ◽  
Trading System ◽  
The World Bank ◽  
Multilateral Institutions ◽  
The World

Post-apartheid South Africa pursued a pro-multilateral stance in world – regarding multilateral institutions as crucial instruments for reinforcing its new-found image as a champion for southern African and African causes. Challenging the hegemony and dominance of western powers in particular, powerful countries in general, was at the heart of South Africa’s multilateral strategies. Central to all multilateral engagements was respect for international law and the centrality of the United Nations (UN), stressing the promotion of human rights, debt relief, peace and stability, an equitable global trading system and sustainable development. Also of priority was reform of the UN and institutions of global governance, including the World Bank and International Monetary Fund.

Making Human Rights a Reality

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Population ◽  
International Human Rights Law ◽  
Legal Norms ◽  
Human Rights Protection ◽  
National Human ◽  
The World ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

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