Christopher A. Casey, 2020. Nationals Abroad: Globalization, Individual Rights, and the Making of Modern International Law

Diplomatica ◽  
2021 ◽  
Vol 3 (2) ◽  
pp. 387-389
Author(s):  
Filip Batselé
Keyword(s):  
International Law ◽  
Individual Rights

Conclusion

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
International Norms ◽  
Individual Rights ◽  
A Posteriori ◽  
Legal Personality ◽  
International Legal Personality

Chapter 9 reiterates and reflects on the overall conclusions of the previous chapters: (1) that positive international law has consistently supported Kelsen’s ‘a posteriori’ conception of international legal personality; (2) that, consequently, the international legal personality of any entity is solely a matter of (presumption-free) interpretation of international norms; and (3) that we must abandon both the widespread presumption against direct individual rights and obligations (in accordance with the ‘modified States-only’ conception of international legal personality) and the use of the orthodox ‘States-only’ conception of international legal personality as means to distinguish between international law and national law.

The Dark Side of Immunity: Is There Any Individual Right for Activities Jure Imperii?

2013 ◽  
Vol 26 (1) ◽  
pp. 105-125 ◽  
Author(s):  
MATTEO SARZO
Keyword(s):  
International Law ◽  
The State ◽  
Dark Side ◽  
Individual Rights ◽  
Sensitive Questions ◽  
International Jurisdiction ◽  
State Immunity ◽  
Procedural Rule ◽  
The Icj ◽  
Definition Of

AbstractThe following contribution interprets the ICJ decision on the case Jurisdictional Immunities of the State in a broader picture. The article focuses on the cause of action underlying the domestic civil claims, i.e. the primary rules providing for individual rights. Indeed, the traditional view, which conceives immunity as a ‘procedural’ rule, vigorously upheld by the Court, is not the only way to address this topic. In our view, state immunity is a substitute for other more sensitive questions, namely the definition of ‘state’, its prerogatives, and the individuals as right holders under international law. This approach points out a different rationale under state immunity, leading to major practical consequences in terms of the assessment of international jurisdiction.

THE COLLECTIVE RIGHTS IN THE CONDITIONS OF LIBERAL MULTICULTURAL SOCIETIES AND THEIR LEGAL NATURE

2016 ◽  
Vol 4 (2) ◽  
pp. 85-95
Author(s):  
Борис Молчанов ◽  
Boris Molchanov ◽  
Григорий Стародубцев ◽  
Grigoriy Starodubtsyev ◽  
Жанна Иванова ◽  
...  
Keyword(s):  
Human Rights ◽  
Cultural Identity ◽  
International Law ◽  
Political Representation ◽  
Individual Rights ◽  
Way Of Life ◽  
Collective Rights ◽  
Language Minorities ◽  
Legal Nature ◽  
Individual Human

In article individual human rights on cultural identity, political representation or on participation in the collective or group rights in the sphere of human rights in the liberal states are analyzed. Especially international law gives the collective rights for physical existence, protection against economic and cultural destruction and originality preservation ethnic, religious and language minorities. In detail also the legislation of a number of the states on a combination of the collective and individual rights of the small people for protection of their primordial habitat, a traditional way of life, customs, managing and crafts is in details analysed.

scholarly journals Internet Access as an Independent Human Right: a Palpable Consequence of the Covid-19 Pandemic?

2021 ◽  
pp. 82-97
Author(s):  
Kunal Bilaney ◽  
Gauri Thampi
Keyword(s):  
International Law ◽  
Internet Access ◽  
World Order ◽  
Public Access ◽  
The Internet ◽  
Individual Rights ◽  
New World Order ◽  
Human Right ◽  
Access To Health ◽  
State Responses

The onslaught of the COVID-19 pandemic has established a new world order which is heavily reliant upon the internet for public access to health, education, employment, and recreation among other services. Furthermore, the growing dependence on technology has also been crucial in the battle against the pandemic. However, despite the irreplaceable utility of the technology, state practices have remained divergent in this field. While a multitude of nations have recognized internet access as a fundamental right, many nations imposed unjustified restrictions on their citizens during the pandemic and some even failed to provide affordable access to internet facilities, which has proven to be detrimental to the realisation of basic individual rights. As the world makes a transition from a pandemic, the intensifying reliance upon the internet has given rise to a need to recognise access to the internet as an independent human right. In light of the above, the present paper seeks to elucidate how access to the internet has emerged as a necessity in the backdrop of a pandemic and examine how the differing state responses in this context have been violating individual rights. The paper also delves into how internet access is being dealt with under the existing international and domestic regime. Further, the authors attempt to philosophically justify a human right to internet access and politically conceptualise the same, and argue in favour of recognition of internet access as an independent human right under international law.

Part I The International Law of Tainted Money, 6 International Legal Sources V—the UN Security Council Delisting Procedure

2017 ◽  
Author(s):  
Grant Tom
Keyword(s):  
Human Rights ◽  
International Law ◽  
Security Council ◽  
National Level ◽  
Procedural Fairness ◽  
Individual Rights ◽  
International Level ◽  
Un Security Council ◽  
The Individual

This chapter considers a particular aspect of the UN Security Council sanctions regime: the procedure for removing individuals or entities from the Sanctions List. The novelty of the delisting procedure justifies considering it in some detail. The delisting procedure is the main response at the international level to the human rights question raised by the Security Council sanctions regime. Because certain consequences for an individual follow at the national level from the fact of the individual having been listed, a procedure that goes to the listing itself holds particular interest for those to whom the regime might apply. The chapter concludes that the delisting procedure will continue to evolve as the Security Council grapples with procedural fairness and individual rights with which it has not historically had much to do.

Egyptian Citizenship Legislation, Private International Law, and Their Impact on Individual Rights

2014 ◽  
Vol 6 (3) ◽  
pp. 272-295 ◽  
Author(s):  
Tarek Badawy
Keyword(s):  
International Law ◽  
Legal Status ◽  
Individual Rights ◽  
Private International Law ◽  
Citizenship Status ◽  
Property Ownership ◽  
Foreign Nationals ◽  
Recent Developments ◽  
Legal Restrictions

Under Egyptian law, citizenship plays a major role in defining the rights that a person may exercise. While Egyptians are generally free to work in any profession and own all types of property, foreign nationals are subject to restrictions, which vary depending on the rights they wish to exercise and their legal status in the country. Access to Egyptian citizenship is a discretionary process that is potentially discriminatory along ethnic, religious, and national lines. This article examines recent developments in legislation governing citizenship and individual rights in Egypt. It proceeds to outline areas in which non-Egyptians are subject to legal restrictions in accordance with applicable legislation, notably in the areas of residence, property ownership, adjudication, employment, and education. It finds that Egyptian law in effect creates a complex hierarchy of rights based primarily on citizenship status.

scholarly journals Populism and Liberal Democracy: Populists in Government in Austria, Italy, Poland and Switzerland

2013 ◽  
Vol 48 (3) ◽  
pp. 343-371 ◽  
Author(s):  
Daniele Albertazzi ◽  
Sean Mueller
Keyword(s):  
International Law ◽  
Liberal Democracy ◽  
Individual Rights ◽  
Political Systems ◽  
Checks And Balances ◽  
Electoral Success ◽  
European Project ◽  
Division Of Powers ◽  
Eu Membership

The enduring electoral success of populist parties across Europe and the increasing opportunities they have gained to access government in recent years bring once more into relief the question of whether populism and democracy are fully compatible. In this article we show how, despite playing different roles in government within very different political systems, and despite the numerous constraints placed upon them (for instance, EU membership, international law and domestic checks and balances), populist parties consistently pursued policies that clashed with fundamental tenets of liberal democracy. In particular, the idea that the power of the majority must be limited and restrained, the sanctity of individual rights and the principle of the division of powers have all come under threat in contemporary Europe. This has contributed to the continuing erosion of the liberal consensus, which has provided one of the fundamental foundations of the European project from its start.

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