Indigenous or Out of Scope? Large-Scale Land Acquisitions in Developing Countries, International Human Rights Law and the Current Deficiencies in Land Rights Protection

2017 ◽  
Author(s):  
Yorck Diergarten
Keyword(s):  
Developing Countries ◽  
Large Scale ◽  
Land Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Rights Protection ◽  
Land Acquisitions ◽  
International Human ◽  
Large Scale Land

The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
International Human

Chapter 5 adds to the contemporary discourse on human rights obligations of non-state armed groups by showing that in many situations, there is a clear legal need for these obligations. This chapter first engages in the debate on whether and to what extent certain human rights treaties address armed groups directly. Second, it shows that under the law of state responsibility, states are generally not responsible for human rights violations committed by non-state entities. Third, it recalls that under international human rights law, states have an obligation to protect human rights against violations committed by armed groups. However, it argues that because this cannot be a strict obligation but is one that depends on states’ capacities and the particular circumstances, often this framework cannot adequately protect individuals against human rights violations by armed groups. The result is a legal and practical need for human rights obligations of non-state armed groups.

Exemptions, Qualifications, Derogations, and Excuses in International Human Rights Law

2020 ◽  
pp. 305-327
Author(s):  
Kimberley Trapp
Keyword(s):  
Human Rights ◽  
Broad Spectrum ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Rights Protection ◽  
International Human ◽  
The Right

There is a broad spectrum of permissible qualifications to human rights in the interests of achieving a legitimate aim, and this chapter outlines a typology of qualifications and the interactions between them. This chapter argues that there is nothing inherent in the form relevant qualifications take—they may take the form of exemptions from the scope of the right, exceptions to the rights protection, or a temporally limited suspension of the obligation to respect the right or the secondary obligations which flow from responsibility for a breach. Indeed, the different qualifications overlap and the structure of analysis in respect of each can be relied on to inform the others’ application on the basis of principles of systemic interpretation. While the same legitimate aim can be addressed in the human rights calculus bearing on these qualifications, the key difference lies in the nature of judicial engagement with rights protection.

Part VII Assessments, Ch.37 Compliance

2013 ◽  
Author(s):  
Gori Gisella
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Conceptual Tool ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
International Human

This article examines the compliance of States with international human rights law. It explains the distinction between judicial and non-judicial compliance mechanisms, focusing on the United Nations (UN) in the context of non-judicial mechanisms and the Council of Europe and the Organization of American States (OAS) in the context of judicial mechanisms. It highlights the central role of the principle of subsidiarity in all international mechanisms for human rights protection and explains that this principle provides a conceptual tool for understanding the relation between the role of states in human rights protection and the role of the international human rights protection mechanisms that states create at the global and regional levels.

The Contemporary Significance of International Human Rights Law

2009 ◽  
Vol 22 (2) ◽  
pp. 217-223 ◽  
Author(s):  
THOMAS BUERGENTHAL
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Economic Consequences ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Gradual Loss ◽  
Substantial Progress ◽  
Protection Of Human Rights ◽  
International Human

AbstractJudge Buergenthal argues that the increased acceptance by states of international human rights obligations proclaimed in UN and regional treaties, reinforced by the jurisprudence of international and regional tribunals, accounts for the substantial progress that has been made in the protection of human rights throughout the world. The resultant political significance of international human rights law and the international community's growing expectation of compliance with that law explain why states engaging in large-scale human rights violations increasingly risk serious political and economic consequences for such practices. A state's continuing non-compliance with its international human rights obligations tends also to lead to the gradual loss by its government of the national and international legitimacy it needs in order to govern, which may in time contribute to its fall.

10. Substantive rights—general comments

2019 ◽  
pp. 171-184
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Human ◽  
Almost All

This chapter discusses the reality of human rights protection within States. It addresses the limitations of various rights and the extent to which States can deviate from responsibility in terms of international human rights law. It covers issues such as State discretion in selecting and applying rights, particularly through derogations, reservations, declarations, and denunciations. These are issues which impact on almost all human rights and almost all States in some way.

Human Rights Protection the ASEAN Way: Non-Intervention and the Newest Regional Human Rights System

2012 ◽  
Vol 1 (2) ◽  
pp. 276-311 ◽  
Author(s):  
Daniel Aguirre ◽  
Irene Pietropaoli
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Structural Problems ◽  
Civil Society Participation ◽  
International Human ◽  
Human Rights Standards

The Association of South East Nations (ASEAN) is a regional body working towards the integration of disparate states. The creation of a human rights mechanism, a critical part of this integration, confronts the central philosophy of ASEAN: deference to conservative notions of sovereignty and non-interference, often referred to as the ASEAN Way. This doctrine has been necessary to promote cooperation and trust between these neighbours but may prove incongruent with a human rights body that attempts to monitor and enforce international human rights law. This article looks at the challenges posed by the ASEAN way and how they developed in section 2. Section 3 follows with an examination of the ASEAN Way’s impact on the development of the regional human rights bodies. Section 4 addresses structural problems arising from the ASEAN Way: the limited human rights mandate; the lack of civil society participation; and the lack of common human rights standards among ASEAN states. Overall, this article examines the central irony that the while the ASEAN Way is necessary, it undermines the regional human rights body.

Against All Odds: How Single and Divorced Migrant Mothers were Eventually able to Claim their Right to Respect for Family Life

2009 ◽  
Vol 11 (3) ◽  
pp. 295-311 ◽  
Author(s):  
Sarah van Walsum
Keyword(s):  
Human Rights ◽  
Family Life ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Post Colonial ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Left Behind ◽  
International Human

AbstractFeminist and post-colonial theorists challenge the supposed neutrality of international human rights law which, in their view, should be seen as a product of asymmetrical power relations. On the basis of this premise, it seems unlikely that single and divorced migrant mothers from outside of the EU will be able to mobilize international human rights law to their advantage. And yet, after twenty years of litigation, single and divorced migrant mothers in the Netherlands are now finally able to claim their right to respect for family life and reunite with children left behind in their countries of origin. This chapter seeks to explain how this increase in human rights protection could come about. While some litigants are less powerful than others, they do not always stand alone. Increasing the scope of analyses makes it possible to include case law produced by more powerful actors. Their gains can offer strategic opportunities to those less powerful.

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