scholarly journals ABORIGINAL SELF-DETERMINATION WITHIN CANADA: RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW

2011 ◽  
Vol 10 (1 - 4) ◽  
pp. 1999
Author(s):  
Andrew Orkin ◽  
Joanna Birembaum
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Recent Developments ◽  
International Human

ABORIGINAL SELF-DETERMINATION WITHIN CANADA: RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW

18. The right to self-determination

2019 ◽  
pp. 330-347
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
Current Debate ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Territorial Integrity ◽  
The Future ◽  
International Human ◽  
The Right

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.

17. The right to self-determination

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
Current Debate ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Territorial Integrity ◽  
The Future ◽  
International Human ◽  
The Right

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.

scholarly journals The Right of Self-Determination: Its Emergence, Development, and Controversy

2016 ◽  
Vol 12 (1) ◽  
pp. 1
Author(s):  
Munafrizal Manan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Right Of Self Determination

This paper discusses the right of self-determinationfrom  international  law  and international human rights law perspective. It traces the emergence and development of self-determination from political principle to human right. It also explores the controversy of the right of self-determination. There have been different and even contradictory interpretations of the right of self-determination. Besides, there is no consensus on the mechanism to apply the right of self-determination. Both international law and international human rights law are vague about this.

DOMESTIC VIOLENCE ASYLUM CLAIMS AND RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW: A PROGRESS NARRATIVE?

2011 ◽  
Vol 60 (2) ◽  
pp. 459-484 ◽  
Author(s):  
Siobhán Mullally
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Human Rights Law ◽  
Due Diligence ◽  
Human Rights Law ◽  
International Human Rights ◽  
Refugee Law ◽  
Recent Developments ◽  
Domestic Jurisdiction ◽  
International Human

Recent years have witnessed significant developments in international human rights law relating to domestic violence. No longer viewed as a matter ‘essentially within the domestic jurisdiction of the State’, domestic violence now frequently commands the attention of international human rights bodies. The obligations imposed on States include positive obligations of due diligence to prevent, investigate and to punish domestic violence, whenever and wherever it occurs.1 Judicial dialogue across the borders of human rights and refugee law has also expanded access to asylum for women fleeing domestic violence, bringing with it a gradual recognition of the positive obligations that international law now imposes on States. However, as recent cases such as Jessica Gonzalez v the United States2 and Opuz v Turkey3 reveal, significant gaps remain between the rhetoric of human rights law and the reality of everyday enforcement and implementation on the ground. These gaps are most keenly felt by refugee women. While State practice suggests greater gender inclusivity and sensitivity in the practice of refugee law, women fleeing domestic violence continue to face obstacles in making their claims heard.

Human Rights and Refugees: Enhancing Protection through International Human Rights Law

2000 ◽  
Vol 69 (2) ◽  
pp. 117-177 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Refugee Protection ◽  
Rights Of The Child ◽  
Recent Developments ◽  
International Human

AbstractThis essay analyses how UN mechanisms of human rights protection – namely the UN Commission and Sub-Commission on Human Rights, the Committee Against Torture, the Committee on the Rights of the Child and the Human Rights Committee – can be used as a practical and analytical tool to enhance the protection of refugees and suggests that they can make a significant contribution to refugee protection. Although UN mechanisms may not provide a framework of protection as expansive and reliable as domestic systems, recent developments in international human rights law have contributed to an increasingly important legal framework that can be invoked in support of both specific cases and more broad-based advocacy on behalf of refugees. This article draws on specific examples to argue that UNHCR and refugee advocates can use these laws and mechanisms to enhance protection principles and give effect to forms of enforcement.

scholarly journals The Principle of Self-Determination in the Context of Human Rights

2017 ◽  
Vol 7 ◽  
pp. 25-36
Author(s):  
Tadeusz Gadkowski
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
Soft Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Fundamental Freedoms ◽  
Close Relationship ◽  
Protection Of Human Rights ◽  
International Human

The essay presents the issue of the principle of self-determination from the perspective of international human rights law. The author highlights the close relationship between the principle of self-determination and the principle of respect for human rights and fundamental freedoms. In practice, the principle of self-determination is a prerequisite for the effective guarantee of human rights, and, at the same time, guaranteed protection of human rights is a prerequisite for implementing the principle of national self determination. The author presents the issue of self-determination in the context of the basic regulations of international human rights law, considering regulations of both a ‘hard’ and ‘soft’ law character.

scholarly journals International Human Rights Law and Natural Resources Projects Within the Traditional Territories of Indigenous Peoples

2010 ◽  
pp. 457-496 ◽  
Author(s):  
Nigel Bankes
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Resource Exploitation ◽  
International Human Rights ◽  
International Rights ◽  
Recent Developments ◽  
International Human ◽  
Relationship Of

This article explores the relevance of international human rights law to natural resource developments within the traditional territories of indigenous peoples. The author argues that international law prescribes standards that limit the authority of the state to grant resource rights to third parties and to approve resource projects within the traditional territories of indigenous peoples. In making this argument, the article examines interactions between recent developments in human rights law and the domestic legal system. The author approaches the topic through an examination of how several recent international decisions deal with conflict between territorial rights asserted by indigenous peoples and resource development permits granted by domestic governments within those territories. The article suggests that these decisions point to an emerging trend on the international human rights stage to interpret international rights instruments as requiring consideration of the relationship of indigenous peoples to the land prior to allowing resource exploitation.

Recent Developments in Religious Liberty

2008 ◽  
Vol 11 (1) ◽  
pp. 65-72 ◽  
Author(s):  
Ian Leigh
Keyword(s):  
Human Rights ◽  
Religious Liberty ◽  
Freedom Of Religion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
Recent Developments ◽  
International Human ◽  
The Uk

This is the first in what is intended as a series of comments on current developments in the law concerning freedom of religion that will appear regularly in this Journal. This first survey deals with religious liberty challenges brought in the UK courts in 2007 and 2008. A subsequent survey will examine similar developments in international human rights law and especially before the European Court of Human Rights.

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