scholarly journals Legal immunities of «color revolutions»

2016 ◽  
Vol 3 (1) ◽  
pp. 32-36
Author(s):  
A G Lisitsyn-Svetlanov
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Sovereign State ◽  
National Regulation ◽  
Legal Principles ◽  
External Threats ◽  
The People ◽  
Color Revolutions ◽  
International Instruments

In the XX century developed recognized with mandatory nature of international legal principles designed to protect the state and the people from external threats. The effect of these principles related to the problem of human rights that are guaranteed by several international conventions. Proclaimed in international instruments of human rights are based on the understanding of universal humanism. European understanding of human rights could claim leadership, but the events of recent decades suggest that the West European approach does not become a model for the rest of the world. The peoples will inevitably put in this concept the content of which reflects the peculiarities of national traditions, as well as more general civilizational identity. The practice indicates that the thesis of human rights violations is often used as a pretext for interference in the affairs of sovereign states, the method of intervention are the «color revolutions». Declarative support for democracy becomes a violation of the basic principles of international law of noninterference in the internal affairs of a sovereign state, the principle of sovereign equality of States, etc. The autonomous status of Russia objectively gives rise to the problem of building its relations with other states. It is necessary to strengthen the national legal system as the guarantor of national sovereignty, ensure its interaction with international law and foreign legal systems. It seems appropriate to highlight those areas of national regulation, which are able to enhance the immunity of the state to export a «color revolution».

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

scholarly journals Stanowisko Afganistanu wobec przyjęcia instrumentów międzynarodowej ochrony praw człowieka, cz. I: lata 1919–1973

2021 ◽  
Vol 19 (2) ◽  
pp. 16-33
Author(s):  
Klaudia Cenda-Miedzińska ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Political Arena ◽  
Historical Sources ◽  
International Human Rights ◽  
Sharia Law ◽  
Degrading Treatment ◽  
International Human ◽  
International Instruments

The article is the first part of studies showing Afghanistan’s path towards adopting international instruments to protect human rights. Based on acts of national law, Sharia law, and historical sources, the text analyses the conditions that, from the time of regaining independence to the fall of the Kingdom of Afghanistan, led the State to accept or reject international human rights agreements. The structure of the article corresponds to the research objectives, which are: to show the codification of human rights in the internal legal order right after regaining independence, the role that Sharia and Pashtunwali played in the adoption of international human rights acts, the attitude of Afghanistan to these instruments in the context of the internal political situation of the State. Special attention was paid to the understanding of human rights in Nizam Nama-e-Dowlat Alliyeh Afghanistan, Osol-e-Assasi Dowlat-e-Allia-e- Afghanistan, Assasi Qanun, Pashtunwali, the conflict of Sharia law with international law concerning the equality of women, freedom from torture and inhuman, degrading treatment, right to life and religious freedom, analysis of changes in the political arena of the State.

Diplomatic Assurances Against Torture – An Effective Strategy? A Review of Jurisprudence and Examination of the Arguments

2008 ◽  
Vol 77 (4) ◽  
pp. 319-364 ◽  
Author(s):  
Lena Skoglund
Keyword(s):  
Human Rights ◽  
International Law ◽  
War On Terror ◽  
The State ◽  
Security Threats ◽  
International Human Rights ◽  
Actual Risk ◽  
Substantial Risk ◽  
International Human ◽  
Controversial Area

AbstractHuman rights organisations have warned repeatedly that basic human rights are being challenged in the so-called 'War on Terror'. One particularly controversial area is the use of diplomatic assurances against torture. According to international human rights instruments, the state shall not return anyone to countries in which they face a substantial risk of being subjected to torture. In the 'War on Terror', an increasing number of non-citizens are being deemed 'security threats', rendering them exempt from protection in many Western states. To be able to deport such 'threats' without compromising their duties under international law, states are increasingly willing to accept a diplomatic assurance against torture – that is, a promise from the state of return that it will not subject the returnee to torture. There is wide disagreement as to whether and/or when diplomatic assurances can render sufficient protection to satisfy the obligations of non-refoulement to risk of torture. Whereas the human rights society label such assurances as 'empty promises', others view them as effective, allowing states to retain their right to remove non-citizens without violating international law. This article reviews international and selected national jurisprudence on the topic of diplomatic assurances against torture and examines if and/or when such assurances might render sufficient protection against torture to enable removals in accordance with international law. The courts and committees that have reviewed the use of diplomatic assurances against torture have identified essential problems of using them, thus rejecting reliance on simple promises not to torture. However, they have often implied that sufficient protection might be rendered by developing the assurances. I argue that this approach risks leading the governments into trying to perfect a system that is inherently flawed – whilst, incidentally, deportations to actual risk of torture continue. Even carefully modelled assurances render only unreliable protection against torture. For this, and reasons connected to undesirable side-effects of their use, I argue that the practice should be rejected.

People’s Movement in Odisha: An Assessment

2017 ◽  
Vol 63 (2) ◽  
pp. 265-283
Author(s):  
Subhendu Ranjan Raj
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Civil Disobedience ◽  
The State ◽  
State Governments ◽  
Growth Strategies ◽  
Protest Movements ◽  
The People ◽  
The Government ◽  
Set Up

Development process in Odisha (before 2011 Orissa) may have led to progress but has also resulted in large-scale dispossession of land, homesteads, forests and also denial of livelihood and human rights. In Odisha as the requirements of development increase, the arena of contestation between the state/corporate entities and the people has correspondingly multiplied because the paradigm of contemporary model of growth is not sustainable and leads to irreparable ecological/environmental costs. It has engendered many people’s movements. Struggles in rural Odisha have increasingly focused on proactively stopping of projects, mining, forcible land, forest and water acquisition fallouts from government/corporate sector. Contemporaneously, such people’s movements are happening in Kashipur, Kalinga Nagar, Jagatsinghpur, Lanjigarh, etc. They have not gained much success in achieving their objectives. However, the people’s movement of Baliapal in Odisha is acknowledged as a success. It stopped the central and state governments from bulldozing resistance to set up a National Missile Testing Range in an agriculturally rich area in the mid-1980s by displacing some lakhs of people of their land, homesteads, agricultural production, forests and entitlements. A sustained struggle for 12 years against the state by using Gandhian methods of peaceful civil disobedience movement ultimately won and the government was forced to abandon its project. As uneven growth strategies sharpen, the threats to people’s human rights, natural resources, ecology and subsistence are deepening. Peaceful and non-violent protest movements like Baliapal may be emulated in the years ahead.

Remarks by Sean D. Murphy

2020 ◽  
Vol 114 ◽  
pp. 193-199
Author(s):  
Sean D. Murphy ◽  
Claudio Grossman
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Human Right ◽  
Human Rights Movement ◽  
Interstate System ◽  
International Human ◽  
The Individual

Our conversation might begin by looking backward a bit. The human rights movement from 1945 onward has been one of the signature accomplishments of the field of international law, one that refocused our attention from a largely interstate system to a system where the individual moved in from the periphery to the center. Human rights champions point to numerous landmark treaties, numerous institutions, and the rise of NGOs as a critical vehicle for developing and monitoring human rights rules. Yet others look at the international human right system and still see the state as overly central, tolerating and paying lip service to human rights, but too easily discarding them when they prove to be inconvenient. The persistence of racism comes to mind. As a general matter, how would you assess the strengths and weaknesses of the system that was built essentially during your lifetime?

The Hardest Part: Creating a Right of Secession

2020 ◽  
pp. 219-241
Author(s):  
Timothy William Waters
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Rule ◽  
The State ◽  
Making Sense ◽  
Legal Right

This chapter explores strategies to achieve acceptance of a right to secede, whether as a legal rule or as a model for individual states. Secession is a hard sell, and the principal battleground is moral and political. A shift in attitudes must precede the legal project; only then will people see doctrinal arguments lining up and making sense. And, after all, the goal is not a new legal right for its own sake, but a change in how societies and states behave. The chapter then considers why a formal right of secession is implausible, and what that implies about the best strategies to adopt—the narrow but real possibilities that exist. The path is indirect: It relies on transnational diffusion of norms, and for this people can draw lessons from once-improbable projects that have become orthodoxies, such as decolonization and human rights; also, recent secession attempts suggest that constitutional projects could serve as models. The path leads through many small changes, rather than a single, quixotic swerve toward a new legal rule. But because the existing global norm limits the ability to create change within states, people cannot abandon the idea of a new rule: Advocates of secession need a point of triangulation outside the state to advance their cause, and that point will be found in international law.

scholarly journals Disparity in Human Rights Violations: A Political and International Law Perspective

2016 ◽  
Vol 2 (3) ◽  
pp. 349
Author(s):  
Aidir Amin Daud
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rational Solution ◽  
Double Series ◽  
Mass Murder ◽  
The State ◽  
Human Rights Violations ◽  
Natural Right ◽  
International Court ◽  
Political Interests

Right to life is non-derogable rights. A natural right that should not be revoked arbitrarily by anyone, including the state. A mass murder in events 1 October 1965 and Timor-Timor is a double series of states’ failure in protecting the rights of Indonesian peoples. Moreover, these two events get different treatment in its handling. The disparity in treatment between two cases is a big question related to the consistency of human rights enforcement in Indonesia. This study is a descriptive-qualitative research. While, to prove the truth, this study will use a comparative study. The findings show that the attitude of the United Nations that treat serious human rights violations in Timor-Timor and the events of 1965 in Indonesia, cannot be answered differently in the perspective of international law. Since it has a weakness where the political interests of ruling is very strong in influencing the decisions of the UN. The disparity in law enforcement in the event of serious human rights violations in 1965 and Timor-Timor due to the dynamics of international politics when it does not allow for the demands of human rights violations to the UNs’ International Court due to advantage for a certain state after the event. In order to reduce disparities in human rights violations, reconciliation is the most rational solution at this time compared remains demand the state for the violations. Besides, many human rights violations in certain countries that have successfully resolved through reconciliation approach.

scholarly journals The State of Human Rights in Federally Administered Tribal Areas of Pakistan

2016 ◽  
Vol I (I) ◽  
pp. 85-100
Author(s):  
Ahmed Sohail ◽  
Ahmed Fasih ◽  
Zubair Muhammad
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
The State ◽  
Military Operations ◽  
Common People ◽  
The People ◽  
Level Of Satisfaction ◽  
The Common ◽  
Tribal Areas ◽  
Human Rights Violation

The respect of human rights in a society determines the destination of that society or state. It is the level of satisfaction of citizens of a country which convinces them to work for the growth and progress of that state or society. The people of FATA are living under a draconian law which is known as Frontier Crime Regulations (FCR). There is agrave human rights violation of the people of FATA under this law. Freedom of speech, freedom of expression etc. are hampered by the FCR and the common people live under a threat of collective punishment as well. Moreover, due to military operations against the militants in the area, millions of people from FATA have been displaced. At times, there are grave violations of human rights of the displaced persons as well. This paper will explore the state of human rights in FATA in general and evaluates its impact on the Federation of Pakistan. The paper evaluates different instances of human rights violation in various agencies of FATA and their root causes as well.

Jurisdictional Immunities of the State for Serious Violations of International Human Rights Law or the Law of Armed Conflict

2013 ◽  
Vol 50 ◽  
pp. 243-287 ◽  
Author(s):  
Paul David Mora
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
The State ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Customary International Law ◽  
Law Of Armed Conflict ◽  
International Human

SummaryIn its recent decision in Jurisdictional Immunities of the State (Germany v Italy: Greece Intervening), the International Court of Justice (ICJ) held that Italy had failed to respect immunities enjoyed by Germany under international law when the Italian courts allowed civil actions to be brought against Germany for alleged violations of international human rights law (IHRL) and the law of armed conflict (LOAC) committed during the Second World War. This article evaluates the three arguments raised by Italy to justify its denial of immunity: first, that peremptory norms of international law prevail over international rules on jurisdictional immunities; second, that customary international law recognizes an exception to immunity for serious violations of IHRL or the LOAC; and third, that customary international law recognizes an exception to immunity for torts committed by foreign armed forces on the territory of the forum state in the course of an armed conflict. The author concludes that the ICJ was correct to find that none of these arguments deprived Germany of its right under international law to immunity from the civil jurisdiction of the Italian courts.

Sign in / Sign up

Export Citation Format

Share Document