Finding the Third State: International Human Rights Law and State Responsibility for Iraqi Refugees

2011 ◽  
Author(s):  
Fahad Siddiqui
Keyword(s):  
Human Rights ◽  
State Responsibility ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Iraqi Refugees ◽  
International Human Rights ◽  
The Third ◽  
International Human

The Influence of the Two Covenants on States Parties Across Regions

2018 ◽  
Author(s):  
Samantha Besson
Keyword(s):  
Human Rights ◽  
Domestic Institutions ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
International Human ◽  
Domestic Influence ◽  
Domestic Law

As a companion to the five regional reports in this volume, this chapter’s aim is a double one: first, to bring the comparison up to the regional level, and second, to analyse the international and domestic institutions, procedures, and mechanisms that affect how international human rights instruments influence domestic law. The chapter is therefore both a study in comparative international human rights law and a contribution to its methodology. Its structure is four-pronged. The first section clarifies the aim, object, and method of the comparison. The second section presents a comparative assessment of the Covenants’ domestic influence across regions and develops a grid of comparative analysis. The third section addresses the authority of the Committees’ interpretations of the Covenants, relying on a bottom-up comparative law argument. The fourth section discusses the role of human rights comparison and of regional human rights law in enhancing the legitimacy of the Committees’ future interpretations.

Towards a Subaltern Theory of Human Rights

Global Jurist ◽  
2009 ◽  
Vol 9 (2) ◽  
pp. 1-25 ◽  
Author(s):  
Oche Onazi
Keyword(s):  
Human Rights ◽  
Legal Pluralism ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
Upendra Baxi ◽  
International Human ◽  
Subaltern Theory ◽  
The Relationship

This article aims to provide the justification for a subaltern theory of human rights. It explains the desirability of interpretative strategies that reveal the role, knowledge, contributions and sources that depict subaltern human rights perspectives. In particular, it considers the work of Boaventura de Sousa Santos, whose various writings directly or indirectly address the central issues relating to human rights from these perspectives. It subsequently explores the relationship between Santos and other protagonists, such as Upendra Baxi. These perspectives are then correlated with the view that the optimism for subaltern human rights may seem an insurmountable challenge given that this is hinged on the possibilities of a relationship with law. The justification or indeed legitimacy of subaltern views of human rights rests squarely on the degree to which such claims can be concretized into law. For instance, the state-centric nature of international human rights law is closed to initiatives that fall beyond its scope. As a consequence, the final preoccupation in this article is to propose the deconstruction of human rights into a plural discourse of its law and jurisprudence. This, to me, rests on the possibility of extrapolating a view of human rights from the notion of legal pluralism. The article is structured into the following parts. The first fleshes out an understanding of the subaltern concept. The second part locates the subaltern within the context of Santos' work on globalization; here, an attempt is made to correlate the relationship between globalization and human rights, particularly from the perspectives of the subaltern. The third part considers the loose connection of previous sections with the prospective theory of subaltern human rights and, ultimately, how legal pluralism supports this endeavor.

scholarly journals Containment Instead of Refoulement: Shifting State Responsibility in the Age of Cooperative Migration Control?

2020 ◽  
Vol 20 (2) ◽  
pp. 306-332
Author(s):  
Annick Pijnenburg
Keyword(s):  
Human Rights ◽  
International Law ◽  
State Responsibility ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Migration Control ◽  
International Human ◽  
The Right ◽  
And Training

Abstract Containment policies whereby destination States provide funding, equipment and training to transit States that intercept refugees on their behalf suggest that destination States try to circumvent the prohibition of refoulement and raise the question to what extent destination States can avoid responsibility for violations of the rights of migrants and refugees by cooperating with transit States. Answering this question requires broadening the analysis beyond the principle of non-refoulement, including not only international human rights law, especially the right to leave and the concept of jurisdiction, but also the law of State responsibility, notably the prohibition of complicity. This article argues that, although it remains debatable whether the principle of non-refoulement applies when transit States intercept migrants and refugees on behalf of sponsoring destination States, the wider network of international law rules constrains the latter’s ability to avoid responsibility when implementing cooperative migration control policies.

scholarly journals THE OBLIGATION TO REFRAIN FROM ASSISTING THE USE OF THE DEATH PENALTY

2013 ◽  
Vol 62 (3) ◽  
pp. 523-556 ◽  
Author(s):  
Bharat Malkani
Keyword(s):  
Human Rights ◽  
International Law ◽  
Death Penalty ◽  
State Responsibility ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law

AbstractIn this paper, I assert that the prohibition on the death penalty brings with it an obligation on abolitionist States to refrain from assisting the use of the death penalty in retentionist States. By considering the law on complicity and State responsibility, the obligation to protect under international human rights law, and the practice of States, I argue that although there are jurisdictional issues and although the death penalty is not prohibited under general international law, an obligation to refrain from being complicit in the death penalty is developing in international law.

The New Arab Bills of Rights: a Study on the Constitutions of Egypt, Morocco and Tunisia

2020 ◽  
Vol 9 (1) ◽  
pp. 49-86
Author(s):  
Antonio-Martín Porras-Gómez
Keyword(s):  
Human Rights ◽  
Statistical Analysis ◽  
Special Importance ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
International Human ◽  
Empirical Framework ◽  
Descriptive Statistical Analysis

This article analyses the changes effected by the new constitutional bills of rights of Egypt, Morocco and Tunisia. In the Introduction, the conceptual and empirical framework is presented, enunciating four descriptive hypotheses: (1) the new Arab bills of rights are longer and denser, (2) they take up the most recent catalogues of rights as expressed in the globalized constitutional models, (3) they recognize the international human rights law as a binding legal category, and (4) they grant a special importance to women, children and minorities’ rights. The testing of these hypotheses, by means of a descriptive statistical analysis and the study of the novelties introduced, constitutes the second section. The third section analyzes the evolution and functional rationale of these new constitutional provisions. Finally, a conclusion is provided, arguing that the new Arab bills of rights are situated within globalized constitutional trends, adjusted with certain regional particularities.

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