Human Rights as Legal Rights; The Realization of Individual Human Rights in Positive International Law. By Pieter N. Drost. (Leiden: A. W. Sitjthoff's Uitgevermij N. V.1951. Pp. 272. Fl. 18.50.)

1952 ◽  
Vol 46 (2) ◽  
pp. 568-569
Author(s):  
Josef L. Kunz
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Rights ◽  
Individual Human

Contesting Self-determination in the Wake of Empire: Sovereignty, Human Rights and Economic Justice

2020 ◽  
Vol 89 (1) ◽  
pp. 67-93
Author(s):  
Miriam Bak McKenna
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Status ◽  
International Economic Order ◽  
Self Determination ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Historical Accounts ◽  
East West ◽  
Individual Human

This article considers the ways in which geo-political and legal concerns materialised in debates over self-determination in the years following decolonisation, and how they impacted on its’ possibilities, objectives and conception. During this period, self-determination was not, as some scholars have argued, a declining norm, but one central to the competing visions of reinventing international law after empire. These varying articulations were largely shaped by the experience of colonialism and its ongoing effects, along with the ideological confrontation between East-West and North-South. One articulation stressed the primacy of political and economic sovereignty, prominently seen in calls for the establishment of a New International Economic Order. The other sought to integrate self-determination into the elevation of democratic governance and individual human rights protection. Examining these alternative formulations of self-determination, underlines the incompleteness of mainstream historical accounts, and may throw light upon continuing anxieties over its current legal status.

THE COLLECTIVE RIGHTS IN THE CONDITIONS OF LIBERAL MULTICULTURAL SOCIETIES AND THEIR LEGAL NATURE

2016 ◽  
Vol 4 (2) ◽  
pp. 85-95
Author(s):  
Борис Молчанов ◽  
Boris Molchanov ◽  
Григорий Стародубцев ◽  
Grigoriy Starodubtsyev ◽  
Жанна Иванова ◽  
...  
Keyword(s):  
Human Rights ◽  
Cultural Identity ◽  
International Law ◽  
Political Representation ◽  
Individual Rights ◽  
Way Of Life ◽  
Collective Rights ◽  
Language Minorities ◽  
Legal Nature ◽  
Individual Human

In article individual human rights on cultural identity, political representation or on participation in the collective or group rights in the sphere of human rights in the liberal states are analyzed. Especially international law gives the collective rights for physical existence, protection against economic and cultural destruction and originality preservation ethnic, religious and language minorities. In detail also the legislation of a number of the states on a combination of the collective and individual rights of the small people for protection of their primordial habitat, a traditional way of life, customs, managing and crafts is in details analysed.

scholarly journals Due Diligence in International Environmental Law and International Human Rights Law: A Comparative Legal Study of the Nationally Determined Contributions under the Paris Agreement and Positive Obligations under the European Convention on Human Rights

2021 ◽  
Author(s):  
Medes Malaihollo
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Legal Rights ◽  
International Human Rights Law ◽  
Due Diligence ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Environmental Law ◽  
International Human

AbstractDue diligence is a frequently employed notion in international law, yet much is still to be explored about this concept. This article aims to contribute to an understanding of due diligence obligations in international law, which is useful as it can form the basis for a further clarification of corresponding legal rights of subjects of international law. With this purpose in mind, this article initiates the construction of a working model of due diligence in international law by exploring this notion from two perspectives: an accountability perspective and a regulatory perspective. Subsequently, this article will use this model to compare the operation of due diligence obligations in two branches of international law: international environmental law and international human rights law. In doing so, it will become clear that due diligence contains two core elements: ‘reasonableness’ and ‘good faith’. Moreover, it will become apparent that the operation of due diligence obligations in these two branches has implications for systemic issues in international law. Further research on the operation of due diligence obligations in other branches of international law is therefore recommended.

Linguistic Rights of Indigenous Peoples

De Jure ◽  
2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Mohammed Sanka ◽  
◽  
◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Linguistic Rights ◽  
The Right ◽  
Individual Human

Language plays an essential role in one’s ability to access the life opportunities offered by a society through employment, healthcare, jurisprudence, voting, education, media, etc. Linguistic rights have been designed under international human rights law to address the right to choose the language or languages for communication while accessing such opportunities. Even so, the individually held linguistic right, which evolves from general individual human rights, such as the right to freedom of expression, to privacy, to a fair trial, etc., comes with less consequences as compared to the collective linguistic rights of groups. This paper, while exploring how international law deals with linguistic rights generally, shall focus on the linguistic rights of indigenous peoples. By so doing, the author discusses various international legal instruments which envisage collective linguistic rights of indigenous peoples, highlights the challenges faced by indigenous peoples with regards to such rights, and concludes by suggesting ways by which these challenges can be surmounted.

The Roma Minority and the Utility of Human Rights

2009 ◽  
Vol 16 (1) ◽  
pp. 157-163
Author(s):  
Julie Ringelheim
Keyword(s):  
Human Rights ◽  
International Law ◽  
Public Authorities ◽  
Individual Human

AbstractGiven the magnitude of difficulties experienced by Roma across Europe, some scholars have come to question the utility of individual human rights, as presently guaranteed in international law, as a tool to improve their situation. However, it is important in such a discussion not to confuse problems of substance with problems of effectiveness of the rights. Furthermore, one must keep in mind the different conceptions of human rights obligations. Their relevance for such a deprived minority as the Roma, depends on whether a 'thick' – rather than a formalistic and minimalist – view of human rights is accepted, whereby public authorities are required to take action, where necessary, so as to effectively protect and fulfil the rights guaranteed.

scholarly journals The Proposed EU Human Rights Sanctions Regime

2020 ◽  
Vol 30 (1-4) ◽  
pp. 56-71
Author(s):  
Nienke van der Have
Keyword(s):  
United States ◽  
European Union ◽  
Human Rights ◽  
International Law ◽  
The United States ◽  
Human Rights Violations ◽  
Potential Effectiveness ◽  
The Eu ◽  
Do So ◽  
Individual Human

The initiative for a European Union (EU) human rights sanctions regime that targets individual human rights offenders builds upon an interesting trend set by the United States’ Magnitsky Act. It has the potential to contribute to the development of international law and allow states and the EU to take on a more progressive attitude in relation to gross human rights violations committed worldwide. As an EU-wide initiative, it also has the opportunity to break with the muddled past and set a positive example. To do so, there are several important factors to consider related to the conceptual aim of the regime, its demarcation and potential effectiveness in practice.

Colonialism, Constitutionalism, Costs and Compensation: A Contemporary Comparison of the Legal Rights and Obligations of and towards the Scandinavian Sami and Indigenous Australians

1999 ◽  
Vol 68 (1) ◽  
pp. 31-52 ◽  
Author(s):  
◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous People ◽  
Land Rights ◽  
Legal Aspects ◽  
Cultural Development ◽  
Sustainable Growth ◽  
Legal Rights ◽  
Language Recognition ◽  
Indigenous Human Rights

AbstractAn earlier article addressed recent developments in Australia concerning indigen-ous land rights and outlined political and legal aspects of the debate surrounding that. This is a more specifically comparative study that seeks to compare the legal aspects of the land rights of Australian indigenous people with the legal aspects of the land rights of the Sami people in Scandinavia. The paper recognises from the outset that these two parts of the world possess different legal histories, but argues that in the modern international context, comparisons can be drawn with respect to indigenous human rights. Further, the paper contends that in both these societies, there have been advances and retreats and that only full governmental commitment to the principles of international law will ensure that the human rights of the respective indigenous people advance.In looking at comparative indigenous rights, or the failure to achieve rights, the focus is on property, including consideration of inclusion/exclusion of native people as citizens, the effects of colonization and relative access to goods and services, language recognition, rights of cultural development and protection of heritage, as well as practical implications in controlling other forms of development and fostering sustainable growth. We broaden the consideration of indigenous human rights to include matters of compensation and costs. Our overall contention is that it remains one of the principal challenges for both Australian and Scandinavian law to identify and translate co-existence and human rights for the indigenous people of those nations. In framing any such legal measures, governments will have to confront wider political issues of tolerance, sovereignty and citizenship. The dilemma for Australian Aboriginals is that the chance to remain Aboriginal may have to involve an appeal to the prin-ciples of international law whereas in Scandinavia the recognition of Sami reindeer herding has generally failed to foster broader rights to land and natural resources although there are some signs that this is emerging in Norway.

scholarly journals Sources of International Human Rights Law

2018 ◽  
Author(s):  
Samantha Besson
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Legal Nature ◽  
International Human

This chapter discusses the sources of international human rights law (IHRL) in the light of general international law scholarship. It addresses the question of the autonomy of IHRL as a self-contained regime of international law and, accordingly, that of the ‘generality’ of general international law in respect of sources. It argues that there are at least three features of IHRL that account for their specificities in terms of sources and are reflected thereby. These are: their dual moral and legal nature as rights, and the corresponding objectivity that characterize some of their sources; their dual domestic and international legality as legal rights, and the corresponding transnationality of some of their sources; and their universality as moral and legal rights, and the corresponding generality of some of their sources. Finally, the chapter tackles the distinctiveness of the sources of IHRL and draws some implications for the sources of international law in general.

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