The African Charter on Human and Peoples’ Rights

1983 ◽  
Vol 77 (4) ◽  
pp. 902-912 ◽  
Author(s):  
U. O. Umozurike
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Universal Declaration ◽  
Customary International Law ◽  
Cultural Rights ◽  
African Charter

During the 1970’s human rights appeared to enjoy low esteem in Africa. The basic documents in inter-African relations were the UN and the OAU Charters. In its Preamble, as well as four substantive articles, the UN Charter refers to respect for human rights as a basis for international relations. The principles of human rights were further elaborated in the Universal Declaration of Human Rights of 1948 whose principles, in the view of some writers, have become part of customary international law. This Declaration was in turn elaborated on in the International Covenant on Economic, Social and Cultural Rights of 1966.

scholarly journals PERLINDUNGAN HAK ASASI MANUSIA BAGI PENGUNGSI DI NEGARA NON-ANGGOTA KONVENSI STATUS PENGUNGSI 1951 [Human Rights Protection for Refugees in Non-Member Countries of the 1951 Refugee Status Convention]

Law Review ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 169
Author(s):  
Fransiska Ayulistya Susanto
Keyword(s):  
Human Rights ◽  
International Law ◽  
Political Rights ◽  
Refugee Status ◽  
International Convention ◽  
Customary International Law ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Territorial State ◽  
Rights Of The Child

<p><em>Refugee problems become global problems not only for destination country but also for the transit or non-parties country on Status of Refugees Convention 1951. The problem arises when the transit or non-parties country ignore the existence of the refugees in their territory consequently, many refugees could only depend on their protection under UNHCR help. Even if, the territorial state is not the party of 1951 convention, however, they still have responsibility under another Human Rights Convention to give protection to the refugees. Therefore, how far the refugees shall be protected under the transit territory? This article will have analyzed minimum protection under Human Rights instruments and Customary International Law that could give to the refugees. Under the International Covenant on Civil and political Rights, International Covenant on Economic, Social and Cultural Rights, International Convention on The Rights of the Child and Customary International Law, the state territory shall give protection without any discrimination to the refugees, even if they are not the party of 1951 convention. Even though, the protection that refugees get from transit state slightly different than protection from state parties, however, they shall get to be protected.</em></p><p><strong>Bahasa Indonesia Abstrak: </strong>Masalah pengungsi sudah menjadi permasalahan global yang tidak hanya berpengaruh terhadap negara tujuan saja, namun juga pada negara transit atau negara yang bukan merupakan negara anggota Konvensi Status Pengungsi 1951. Masalah timbul saat negara-negara transit atau negara non-anggota mengabaikan keberadaan pengungsi di teritori negara mereka, sehingga banyak pengungsi yang hanya menyandarkan nasibnya di tangan bantuan UNHCR. Meskipun negara teritorial bukan merupakan negara anggota Konvensi Status Pengungsi 1951, namun mereka seharusnya tetap memberikan perlindungan kepada pengungsi. Pertanyaannya, seberapa jauh negara harus memberikan perlindungan kepada pengungsi? Artikel ini akan menganalisis perlindungan minimal di bawah Hak Asasi Manusia yang harus diberikan negara non-anggota kepada pengungsi yang ada di wilayahnya. Menurut Konvenan tentang Hak-Hak Sipil dan Politik, Konvenan Hak-Hak Ekonomi, Sosial dan Budaya, serta Konvensi Perlindungan Anak dan juga hukum kebiasaan internasional, negara teritorial haruslah memberikan perlindungan tanpa diskriminasi kepada pengungsi, meskipun negara teritorial tidak menjadi para pihak dari Konvensi Status Pengungsi 1951. Meskipun perlindungan yang diberikan kepada pengungsi oleh negara transit sedikit berbeda jika dibandingkan perlindungan dari negara anggota konvensi, mereka tetap harus mendapatkan perlindungan.</p>

scholarly journals الموازنة بين النظام الإسلامي والنظام الدولي في تقرير السيادة كوسيلة لنظام الحكم

2020 ◽  
Vol 23 (1) ◽  
pp. 312-331
Author(s):  
Ali Muamar Farhat
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Islamic Law ◽  
Full Description ◽  
Cultural Rights ◽  
Similarities And Differences ◽  
The Rich ◽  
The Difference ◽  
Political Economic

Islamic law stipulated the principles which regulate the relations between Individuals within their countries and externally with the other countries. These principles include the principles of human rights and sovereignty. This study tackles the idea of establishing the balance between the Islamic system and international law by identifying their similarities and differences within the framework of the principles of both the human rights and the sovereignty. The study aimed to identify the rich Islamic rules in the field of international relations, clarify the concept of human rights and the theory of sovereignty in the Islamic system and international law, highlight the rules of the Islamic system in this area, and prove the complementarities and convergence, as well as difference and similarity with international law. The researcher adopted the descriptive analytical method to give a full description of the two principles of human rights and sovereignty in the Islamic system and international law. He concluded with the most important results that the Islamic system has the lead in the adoption of these principles and abidance by them, before the international law. The Islamic system is similar to international law in the context of human rights and the need to protect them and also the implications of rights in general international law, both at the levels of political, economic, social or cultural rights. The only difference lies in the fact that the Islamic system emanates from the rules of Islamic sharia’s teachings and values whereas the international law considers the society the source of rights. As to sovereignty, the study confirmed that the theory of sovereignty is well known in the Islamic system, and that this principle represents one of the basic rules organizing relations between individuals and states equally, but the difference lies in the frame of reference of the Islamic system and the International law. In the Islamic system, the organizing rules refer to the Islamic Shariah whereas in the International law, there is relation between religion with those rules.  

scholarly journals CONSIDERATIONS ON THE "INTERNATIONAL CHARTER OF HUMAN RIGHTS"

2014 ◽  
Vol 8 (2) ◽  
pp. 72-76
Author(s):  
Tudor Tanasescu
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Universal Declaration ◽  
Political Rights ◽  
Active Process ◽  
International Human Rights ◽  
Cultural Rights ◽  
International Human ◽  
Civil And Political Rights ◽  
International Instruments

"International Charter of human rights" is generic name under which shall meet themain international instruments relating to human rights, namely: Universal Declaration ofHuman Rights, the International Pact on civil and political rights, the International Pact oneconomic, social and cultural rights and the two optional Protocols at International Pact oncivil and political rights. Documents forming "The Charter of International human rights"have represented international instruments which have been triggered an active process inthe evolution of legal instruments and mechanisms consecrating and protection of the humanbeing in universal and regional plan.In this way at the international relations the man is now a supreme value to beprotected and promoted.

الموازنة بين النظام الإسلامي والقانون الدولي في مبدئي حقوق الإنسان والسيادة

2019 ◽  
Vol 7 (2) ◽  
Author(s):  
ALI MUAMAR FARHAT ◽  
Ruzman Md Noor
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Islamic Law ◽  
Full Description ◽  
Cultural Rights ◽  
Similarities And Differences ◽  
The Rich ◽  
The Difference ◽  
Political Economic

Islamic law stipulated the principles which regulate the relations between Individuals within their countries and externally with the other countries. These principles include the principles of human rights and international sovereignty. This study tackles the idea of establishing the balance between the Islamic system and international law by identifying their similarities and differences within the framework of the principles of both the human rights and the sovereignty. The study aimed to identify the rich Islamic rules in the field of international relations, clarify the concept of human rights and the theory of sovereignty in the Islamic system and international law, highlight the rules of the Islamic system in this area, and prove the complementarities and convergence, as well as difference and similarity with international law. The researcher adopted the descriptive analytical method to give a full description of the two principles of human rights and sovereignty in the Islamic system and international law. He concluded with the most important results that the Islamic system has the lead in the adoption of these principles and abidance by them, before the international law. The Islamic system is like international law in the context of human rights and the need to protect them and the implications of rights in general international law, both at the levels of political, economic, social or cultural rights. The only difference lies in the fact that the Islamic system emanates from the rules of Islamic sharia’s teachings and values whereas the international law considers the society the source of rights. As to sovereignty, the study confirmed that the theory of sovereignty is well known in the Islamic system, and that this principle represents one of the basic rules organizing relations between individuals and states equally, but the difference lies in the frame of reference of the Islamic system and the International law. In the Islamic system, the organizing rules refer to the Islamic Shariah whereas in the International law, there is relation between religion with those rules.

The Idea of International Human Rights Law

2019 ◽  
Author(s):  
Steven Wheatley
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Moral Concept ◽  
Customary International Law ◽  
Human Rights Treaties ◽  
International Human ◽  
Fragmentation Of International Law

International Human Rights Law has emerged as an academic subject in its own right, separate from, but still related to, International Law. This book explains the distinctive nature of the new discipline by examining the influence of the moral concept of human rights on general international law. Rather than make use of moral philosophy or political theory, the work explains the term ‘human rights’ by examining its usage in international law practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice in the United Nations, the core human rights treaties, and customary international law, The Idea of International Human Rights Law shows how a moral concept of human rights emerged, and then influenced the international law doctrine and practice on human rights, a fact that explains the fragmentation of international law and the special nature of International Human Rights Law.

scholarly journals Remarks by Maria Flores

2018 ◽  
Vol 112 ◽  
pp. 79-82
Author(s):  
Maria Flores
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Global Scale ◽  
International Court Of Justice ◽  
Public International Law ◽  
Court Of Justice ◽  
International Court ◽  
Small Department ◽  
The University

I first became involved with international law while I was at university. After graduating, I decided to teach public international law. As an undergraduate, I particularly enjoyed this branch of study. I was attracted to it because it helped me to understand the problems, challenges, and breakthroughs in the field of international relations on a global scale. Therefore, after facing a competitive entry process, I joined the international law department of the Universidad de la República. It was a small department, but the university had produced some well-known scholars like Eduardo Jiménez de Aréchaga, who became a judge at the International Court of Justice, and Hector Gross Espiell, who served as a judge at the Inter-American Court of Human Rights.

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