State Power Revisited: An Analysis of the Systemic and Non--Systemic Mechanisms of Human Rights Enforcement at the Inter--State Level

2011 ◽  
Author(s):  
Moritz Baumggrtel
Keyword(s):  
Human Rights ◽  
State Power ◽  
State Level ◽  
Inter State

The Journalist—Source Relationship in Context: A Comparative Review of US and English Law

2009 ◽  
Vol 38 (3) ◽  
pp. 268-294
Author(s):  
Stuart Wallace
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
State Level ◽  
Potential Threat ◽  
Shield Law ◽  
Special Procedure ◽  
European Court ◽  
Comparative Review ◽  
The Uk ◽  
The Impact

This paper analyses the legal protection of the journalist–source relationship from both sides and the underlying interests involved. The paper begins by analysing why the relationship deserves protection. The position of journalists at common law is analysed with a discussion of the application of the principle established in Norwich Pharmacal v Customs and Excise to journalists. The development of immunity from contempt in s. 10 of the Contempt of Court Act 1981 is examined to illustrate the ideological clash between the judiciary and journalists. The impact of the Human Rights Act and decisions of the European Court of Human Rights are analysed to assess whether this will lead to a change in attitudes in the UK. Finally, the potential threat to journalists posed by compelled evidentiary disclosure in criminal cases is reviewed, with a particular look at ‘special procedure’ material. The US section begins with an analysis of the law at federal level, the decisions of the Supreme Court, including the leading decision of Branzburg v Hayes, as well as the role the legislature has played. The paper then analyses protections provided at state level, with a case study of the California shield law and a review of Californian jurisprudence.

Crimea in International Courts and Tribunals: Matters of Jurisdiction

2018 ◽  
Vol 21 (1) ◽  
pp. 378-403
Author(s):  
Gaiane Nuridzhanian
Keyword(s):  
Human Rights ◽  
Use Of Force ◽  
International Court Of Justice ◽  
Territorial Integrity ◽  
International Courts ◽  
Preliminary Examination ◽  
Court Of Justice ◽  
European Court ◽  
International Court ◽  
Inter State

The events taking place in Crimea since early 2014 have given rise to a number of international disputes currently pending before international courts and tribunals. Ukraine instituted inter-State proceedings against Russia before the International Court of Justice, the European Court of Human Rights and an unclos Annex vii Tribunal. Seven investor-State cases have been commenced against Russia. The Prosecutor of the icc is conducting preliminary examination into the crimes allegedly committed in Crimea in 2014 and afterwards. Foreign courts have also had to deal with cases related to the annexation of Crimea. This article provides an overview of cases pending before international courts and tribunals in relation to events in Crimea. The focus is on the questions related to jurisdiction of the international courts and tribunals seized in Crimea-related cases. The study explores the limits of the jurisdiction of international courts to adjudicate disputes concerning the interpretation and application of a treaty arising in connection with a larger dispute regarding the use of force, respect for sovereignty and territorial integrity. The article also discusses novel and debated jurisdiction-related matters that arise in cases brought in relation to events in Crimea. A brief description of cases heard in foreign courts is provided as well.

Legislating Civil and Human Rights Education

2020 ◽  
pp. 80-108
Author(s):  
Claire Whitlinger
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Large Scale ◽  
State Level ◽  
The State ◽  
Human Rights Education ◽  
Causal Connection ◽  
Holocaust Education ◽  
History Of ◽  
New Generation

This chapter investigates the causal connection between the 2004 commemoration and another racially significant transformation: Mississippi Senate Bill 2718, an education bill mandating civil rights and human rights education in Mississippi schools. Providing historical perspective on the legislation—the first of its kind in the country—the chapter traces its origins to the fortieth anniversary commemoration in Philadelphia, Mississippi in 2004. After providing a brief history of school desegregation in Mississippi and previous efforts to mandate Holocaust education in the state, the chapter demonstrates how the 2004 commemoration and subsequent civil rights trial mobilized a new generation of local memory activists. When joined with institutional resources at the state-level, these developments generated the commemorative capacity for local organizers to institutionalize civil rights memory through curricular change. Thus, in contrast to other multicultural or human rights education mandates, which have typically been outgrowths of large-scale progressive social movements or the diffusion of global norms, Mississippi’s civil and human rights education bill emerged out of local commemorative efforts.

Legislative discrepancies: an analysis of Missouri’s current human trafficking laws and the need to improve its legal protection of victims

2020 ◽  
Vol 13 (2) ◽  
pp. 143-158
Author(s):  
Rachel Kappler ◽  
Arduizur Carli Richie-Zavaleta
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Best Practice ◽  
Legal Protection ◽  
State Level ◽  
The State ◽  
Safe Harbor ◽  
Content Type ◽  
The Usa

Purpose Human trafficking (HT) is a local, national and international problem with a range of human rights, public health and policy implications. Victims of HT face atrocious abuses that negatively impact their health outcomes. When a state lacks protective laws, such as Safe Harbor laws, victims of HT tend to be seen as criminals. This paper aims to highlight the legal present gaps within Missouri’s anti-trafficking legislation and delineates recommendations for the legal protection of victims of HT and betterment of services needed for their reintegration and healing. Design/methodology/approach This case-study is based on a policy analysis of current Missouri’s HT laws. This analysis was conducted through examining current rankings systems created by nationally and internationally recognized non-governmental organizations as well as governmental reports. Additionally, other state’s best practice and law passage of Safe Harbor legislations were examined. The recommendations were based on human rights and public health frameworks. Findings Missouri is a state that has yet to upgrade its laws lately to reflect Safe Harbor laws. Constant upgrades and evaluations of current efforts are necessary to protect and address HT at the state and local levels. Public health and human rights principles can assist in the upgrading of current laws as well as other states’ best-practice and integration of protective legislation and diversion programs to both youth and adult victims of HT. Research limitations/implications Laws are continually being updated at the state level; therefore, there might be some upgrades that have taken place after the analysis of this case study was conducted. Also, the findings and recommendations of this case study are limited to countries that are similar to the USA in terms of the state-level autonomy to pass laws independently from federal law. Practical implications If Safe Harbor laws are well designed, they have greater potential to protect, support and assist victims of HT in their process from victimization into survivorship as well as to paving the way for societal reintegration. The creation and enforcement of Safe Harbor laws is a way to ensure the decriminalization process. Additionally, this legal protection also ensures that the universal human rights of victims are protected. Consequently, these legal processes and updates could assist in creating healthier communities in the long run in the USA and around the world. Social implications From a public health and human rights perspectives, communities in the USA and around the world cannot provide complete protection to victims of HT until their anti-trafficking laws reflect Safe Harbor laws. Originality/value This case study, to the best of the authors’ knowledge, is a unique analysis that dismantles the discrepancies of Missouri’s current HT laws. This work is valuable to those who create policies at the state level and advocate for the protection of victims and anti-trafficking efforts.

Effectiveness and Evolution in Treaty Interpretation

2019 ◽  
Author(s):  
Daniel Rietiker
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Vienna Convention ◽  
The European Union ◽  
Clear Trend ◽  
Court Of Justice ◽  
Treaty Interpretation ◽  
The Moment ◽  
Teleological Interpretation ◽  
Inter State

Effectiveness and evolution in treaty interpretation have to be placed in the context of treaty interpretation more generally, which is one of the classical topics of public international law. For some authors, there is a link between these two elements, insofar as the principle of dynamic (or evolutive) interpretation aims to ensure the effective application and implementation of treaties. Therefore, it is appropriate to analyze them together. The majority of authors, however, concentrate on one aspect. Regarding, first of all, effectiveness, such a principle has not been explicitly enshrined in the 1969 Vienna Convention on the Law of Treaties (VCLT), but it can nevertheless be considered an underlying principle of that instrument. In particular, the flexibility of the concept of the object and purpose of a treaty allows for the consideration of effectiveness. Other tools for effectiveness are teleological interpretation and interpretation according to the effet utile (ut res magis valeat quam pereat), but neither authors nor practice systematically distinguish between those concepts and principles. In addition, judicial and quasi-judicial bodies implementing certain treaties, in particular human rights instruments and constitutive agreements of international organizations, have adopted their own principles of effectiveness, such as the principle that calls for a “practical and effective” protection of human rights or, regarding international organizations, the doctrine of implied powers. Second, the notion of evolution in interpretation raises issues of intertemporal law, namely the question as to which moment is relevant for the interpretation, i.e., the moment of the conclusion of a treaty or the moment when a dispute necessitating interpretation arises. The analyzed literature shows that, generally speaking, practice and theory seem to favor a dynamic and evolutive interpretation within appropriate and reasonable limits, justifying such an approach, inter alia, by the special nature of certain treaties. As far as the relevant practice of international courts is concerned, human rights tribunals, in particular the European and the Inter-American Court of Human Rights (ECtHR and IACtHR), both adopting a dynamic and effective interpretation, have received significant doctrinal attention in this regard. For the authors, the special nature and purposes of those treaties justify a flexible, evolutive, and effective approach. The same can be said for the Court of Justice of the European Union, having relied heavily on interpretation according to the effet utile of a treaty. The practice of the Permanent Court of International Justice (PCIJ) and the International Court of Justice (ICJ), both dealing with inter-State complaints, are not surprisingly less nuanced concerning effectiveness and evolution, but have nevertheless shown a clear trend in that direction more recently. Finally, the analysis of the practice of the World Trade Organization (WTO) Appellate Body, which deals with inter-State claims too, is more ambiguous, but it is generally suggested that its interpretation is less guided by considerations of effectiveness and evolution than, inter alia, the practice in the field of human rights.

Realizing Women's Sexual Rights: Challenges in South Asia

1998 ◽  
Vol 67 (1) ◽  
pp. 97-105
Author(s):  
Keyword(s):  
Human Rights ◽  
South Asia ◽  
South Asian ◽  
Female Sexuality ◽  
State Level ◽  
Sexual Rights ◽  
Sexual Autonomy ◽  
Parliamentary Debates ◽  
Asian Society ◽  
Human Rights Norms

AbstractSexual rights are a new category of human rights still in the process of being clearly articulated subsequent to the debates at the International Conference on Population and Development (Cairo, 1994) and the Fourth World Conference on Women (Beijing, 1995). In South Asia this process is fraught with obstacles, among which are taboos concerning the meaningful public discussion of sexuality, and negative attitudes towards women's sexual autonomy. It is also affected by the negotiations of, and contests for, political power among the different ethno-religious communities in a South Asian state, which in turn can constrain progressive law-makers from developing and implementing legislation favorable to the realization of women's sexual rights. Using the 1995 parliamentary debates on reforms to the Sri Lankan Penal Code, this paper explores the challenges to realizing women's sexual autonomy in a multi-ethnic South Asian society. It highlights how the fear of female sexuality can be manipulated by state-level actors, serving certain political exigencies, to justify the denial of sexual autonomy and even to validate sexual violence against women. It also reflects on the implications for the movement for women's rights in South Asia, premised increasingly on the universality of human rights norms, when its advocates collide with ethno-nationalist proponents of `group rights' which are rooted in a cultural specificity whose markers are frequently assumed to be embodied by the female members of the group.

New technologies or new human rights: the right to a government by humans and the right to one’s own thoughts?

2019 ◽  
Vol 76 ◽  
pp. 283-296
Author(s):  
Ryszard Piotrowski
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
New Technologies ◽  
Rapid Development ◽  
State Level ◽  
Human Condition ◽  
The Right To Privacy ◽  
Information And Communication ◽  
Court Proceedings ◽  
The Right

The rapid development of information and communication technology has made it imperative that new human rights be spelled out, to cope with an array of expected threats associated with this process. With artificial intelligence being increasingly put to practical uses, the prospect arises of Man’s becoming more and more AI-dependant in multiple walks of life. This necessitates that a constitutional and international dimension be imparted to a right that stipulates that key state-level decisions impacting human condition, life and freedom must be made by humans, not automated systems or other AI contraptions. But if artificial intelligence were to make decisions, then it should be properly equipped with value-based criteria. The culture of abdication of privacy protection may breed consent to the creation and practical use of technologies capable to penetrate an individual consciousness without his or her consent. Evidence based on such thought interference must be barred from court proceedings. Everyone’s right to intellectual identity and integrity, the right to one’s thoughts being free from technological interference, is as essential for the survival of the democratic system as the right to privacy – and it may well prove equally endangered.

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