Citizens' Rights and Human Rights

2010 ◽  
Vol 43 (1) ◽  
pp. 67-98 ◽  
Author(s):  
Stephen H. Legomsky
Keyword(s):  
Human Rights ◽  
World Order ◽  
The United States ◽  
Legal Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Building Community ◽  
Key Variables ◽  
Community Continuity ◽  
Present World

Given the burgeoning literature on the devaluation of national citizenship and the effects of globalization, the sources and beneficiaries of individual legal rights assume increased importance. This Article seeks to distinguish those legal rights that states should confine to their own citizens from those that flow from residence, immigration status, territorial presence, or simply personhood. Section I examines the very reasons for states to distribute citizenship in the first place. These reasons relate to participatory democracy, immigration privileges, other rights and disabilities, personal emotional fulfillment, building community, continuity over time, sovereignty, and the world order. It finds unconvincing those reasons that rest on the municipal interests of states but, given the present world order, finds those reasons that are rooted in international relations more compelling. Building on those conclusions, Section II considers a second normative question: What are the key variables that should determine whether a given legal right should be confined to citizens rather than made more generally available to all persons or at least selected classes of noncitizens? Section III then illustrates how one country—the United States—parcels out legal rights and examines whether its decisions comport with the demands of international human rights law.

Short v. Kingdom of the Netherlands

1991 ◽  
Vol 85 (4) ◽  
pp. 698-702 ◽  
Author(s):  
John E. Parkerson ◽  
Steven J. Lepper
Keyword(s):  
United States ◽  
Human Rights ◽  
The Netherlands ◽  
The United States ◽  
International Human Rights Law ◽  
United States Military ◽  
Human Rights Law ◽  
Military Justice ◽  
European Court ◽  
Significant Addition

In the Notes and Comments section of the January 1991 issue of the Journal, Professor Richard Lillich presented a thorough and timely analysis of the Soering decision of the European Court of Human Rights, a significant addition to international human rights law. His evaluation of the Soering judgment and his reflections on several of its wider ramifications are especially relevant to the United States military, for the decision constitutes a serious threat to the administration of U.S. military justice overseas and to the treaty relationships between the United States and its NATO allies. A recent European case, Short v. Kingdom of the Netherlands, demonstrates that this threat is far from hypothetical.

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.

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.

scholarly journals Due Diligence in International Environmental Law and International Human Rights Law: A Comparative Legal Study of the Nationally Determined Contributions under the Paris Agreement and Positive Obligations under the European Convention on Human Rights

2021 ◽  
Author(s):  
Medes Malaihollo
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Legal Rights ◽  
International Human Rights Law ◽  
Due Diligence ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Environmental Law ◽  
International Human

AbstractDue diligence is a frequently employed notion in international law, yet much is still to be explored about this concept. This article aims to contribute to an understanding of due diligence obligations in international law, which is useful as it can form the basis for a further clarification of corresponding legal rights of subjects of international law. With this purpose in mind, this article initiates the construction of a working model of due diligence in international law by exploring this notion from two perspectives: an accountability perspective and a regulatory perspective. Subsequently, this article will use this model to compare the operation of due diligence obligations in two branches of international law: international environmental law and international human rights law. In doing so, it will become clear that due diligence contains two core elements: ‘reasonableness’ and ‘good faith’. Moreover, it will become apparent that the operation of due diligence obligations in these two branches has implications for systemic issues in international law. Further research on the operation of due diligence obligations in other branches of international law is therefore recommended.

Constitutional Rights and their Relationship with International Human Rights in Ghana

2008 ◽  
Vol 41 (3) ◽  
pp. 677-702 ◽  
Author(s):  
A. Kodzo Paaku Kludze
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Past History ◽  
Legal Rights ◽  
Constitutional Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
History Of ◽  
International Human

Particularly in developing nations, the movement has been toward the articulation of elaborate provisions in constitutions which guarantee the basic human and peoples' rights of the citizenry. In many cases these are reflections of the immediate past history of the young nations which were strewn with ugly spectacles of dictatorships on their path to democracy. The history of Ghana is unfortunately an illustrative example. The Ghana Independence Constitution of 1957—a very brief document—was brief to a fault and bereft of any provision for human rights. It is clear that the experience of years of abuse of human, political, and civil rights in Ghana explains many of the current constitutional guarantees of basic rights spelt out in the 1992 Constitution in order to protect citizens against future abuses.In the past, treaty obligations under municipal laws of Ghana were such that even ratification of human rights treaties did not directly confer enforceable legal rights in the domestic courts of Ghana and implementing legislation was necessary to make a treaty right justiciable. In the 1992 Constitution of Ghana, the provisions of the Universal Declaration of Human Rights and of the African Charter on Human and Peoples' Rights, as well as others, are entrenched as constitutional provisions, are to be interpreted as such, and enforceable under the laws of Ghana. To the extent that drafters of the Ghana Constitution relied on the principles of the international human rights law enshrined in treaties and declarations, there are many similarities between the domestic law and some principles of international human rights law.

Part IV Normative Evolution, Ch.22 Core Rights and Obligations

2013 ◽  
Author(s):  
Scheinin Martin
Keyword(s):  
Human Rights ◽  
The State ◽  
Legal Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
The Core ◽  
International Human ◽  
Definition Of

This article examines the three main approaches in the identification of the core rights and obligations in international human rights law. These include the consideration of some human rights as being superior or more fundamental than others, the notion that each human right encompasses an essential core and the definition of core obligations of the state in relation to the enjoyment of human rights. This article suggests that the best way to achieve a thorough understanding of the normative quality and content of human rights as legal rights is to combine these three approaches.

Djamel Ameziane v. U.S.A., Report No. 29/20, Case 12.865 Merits, (Inter-Am. Comm'n H.R.)

2020 ◽  
Vol 59 (6) ◽  
pp. 941-1012
Author(s):  
Christina M. Cerna
Keyword(s):  
United States ◽  
Human Rights ◽  
The United States ◽  
Constitutional Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Optional Protocol ◽  
International Body ◽  
The Right

On April 22, 2020, the Inter-American Commission on Human Rights (Commission) issued its first decision on one of the Guantanamo detainees, Djamel Ameziane, an Algerian Muslim who was held at Guantanamo for almost 12 years until he was deported to Algeria in 2013, in violation, inter alia, of the principle of non-refoulement. The case was brought on Mr. Ameziane's behalf by the Center for Constitutional Rights (CCR) and the Center for Justice and International Law (CEJIL), and the decision is very comprehensive and carefully written, as is to be expected of a decision totaling 70 pages. Although the United States became a party to the UN Covenant on Civil and Political Rights in 1992, it never accepted the first Optional Protocol, which gives individuals the right to bring complaints against the United States before the U.N. Human Rights Committee; consequently, the only international body to which an individual can bring a complaint against the United States for a violation of international human rights law is the Inter-American Commission on Human Rights, a principal organ of the Organization of American States (OAS).

scholarly journals Sources of International Human Rights Law

2018 ◽  
Author(s):  
Samantha Besson
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Legal Nature ◽  
International Human

This chapter discusses the sources of international human rights law (IHRL) in the light of general international law scholarship. It addresses the question of the autonomy of IHRL as a self-contained regime of international law and, accordingly, that of the ‘generality’ of general international law in respect of sources. It argues that there are at least three features of IHRL that account for their specificities in terms of sources and are reflected thereby. These are: their dual moral and legal nature as rights, and the corresponding objectivity that characterize some of their sources; their dual domestic and international legality as legal rights, and the corresponding transnationality of some of their sources; and their universality as moral and legal rights, and the corresponding generality of some of their sources. Finally, the chapter tackles the distinctiveness of the sources of IHRL and draws some implications for the sources of international law in general.

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.

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