Queensland Guidelines for Bodies Monitoring Respect for Human Rights During States of Emergency

1991 ◽  
Vol 85 (4) ◽  
pp. 716-720 ◽  
Author(s):  
Richard B. Lillich
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Rights Law ◽  
State Of Emergency ◽  
Minimum Standards ◽  
States Of Emergency ◽  
Human Rights Norms

After six years of study by its Committee on the Enforcement of Human Rights Law, the sixty-fourth Conference of the International Law Association, held in Queensland, Australia, from August 19 to 25, 1990, approved by consensus a set of standards to assist human rights bodies in monitoring states of emergency. These standards, designated the Queensland Guidelines for Bodies Monitoring Respect for Human Rights during States of Emergency, complement on the enforcement side the substantive norms found in the Paris Minimum Standards of Human Rights Norms in a State of Emergency, adopted by the ILA in 1984.

In Lieu of a Conclusion

2018 ◽  
Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah
Keyword(s):  
Human Rights ◽  
International Law ◽  
Global Economy ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Current State ◽  
Neoliberal Capitalism ◽  
Transformative Potential ◽  
International Economic Law ◽  
Human Rights Norms

This chapter recaps the main themes of the volume, ie that the international law of the global economy is in a state of disorder. Claims about the justice, fairness, or benefits of the current state of international law as it relates to the global economy are fanciful. A more credible picture emerges when one considers who is protected, against what, and those relations that are valued and those that are not. Moreover, these claims above all require a suspension of a reflective attitude about what international law actually says and does. When it comes to international economic law, power is masked behind a veil of neutrality when it certainly is not neutral in the interests it protects and offends. As for international human rights law, it overlooks the ways in which it props up extreme capitalism foreclosing the possibility of transformative structural change to neoliberal capitalism. In its most radical areas, human rights norms have been blocked from making demands on the design of the global economy precisely because of their transformative potential. Among the central critiques of international law presented in this book is that international law must be justifiable to those who are subject to it.

Environmentally Forced Migration and Human Rights

2019 ◽  
pp. 336-362
Author(s):  
J. M. M. van der Vliet-Bakker
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Degradation ◽  
Forced Migration ◽  
Human Rights Law ◽  
Minimum Standards ◽  
Cross Border ◽  
Specific Category ◽  
Forced Migrants

In an era of accelerating environmental degradation, a growing number of people will be affected by its effects. Some of those people will be forced to migrate, both internally and cross-border. Under current international law, those people are not recognized as a specific category entitled to protection. Many protection gaps in international law can be identified for these ‘environmentally forced migrants'. Human rights law can fill some of those gaps by offering minimum standards of treatment, procedural protection or complementary protection. This chapter systematically assesses these possibilities.

scholarly journals International Constitutional Law and Judicial Review of Domestic Human Rights Legislation

ICL Journal ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 87-118
Author(s):  
Laura-Stella Enonchong
Keyword(s):  
Human Rights ◽  
International Law ◽  
Constitutional Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Domestic Sphere ◽  
International Human Rights ◽  
Human Rights Regime ◽  
International Human ◽  
Human Rights Norms

Abstract This article discusses the idea of international human rights law as ‘constitutional law’. It applies the French concept of Le contrôle de conventionnalité des lois, to demonstrate the constitutional potentials of international human rights law in the domestic sphere. In most monist constitutional systems based on the French civilian model, international law takes precedence over acts of parliament and other domestic legislation. Due in part to that hierarchy, conventionnalité permits the courts to review domestic law for compatibility with international law. From that perspective, international human rights norms can be said to have assumed a ‘para-constitutional’ function. Using two case studies from francophone Africa, this article argues that conventionnalité has the potential to play a significant role in the domestic implementation of international human rights and ultimately contributing to a more comprehensive domestic human rights regime.

18. The Protection of Human Rights

2020 ◽  
pp. 404-426
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalà
Keyword(s):  
Human Rights ◽  
International Law ◽  
Second World War ◽  
International Level ◽  
Human Rights Law ◽  
World War ◽  
Minimum Standards ◽  
Protection Of Human Rights ◽  
Treat All ◽  
Second World

This chapter surveys the process of emergence of human rights law in the post-1945 era, focusing on the major milestones, the 1948 Universal Declaration of Human Rights, the two 1966 International Covenants, and the establishment of several regional mechanisms in Europe, the Americas, and Africa. It emphasizes the tension between traditional international law and the development of human rights as a ground-breaking doctrine after the Second World War. In essence the human rights doctrines force States to give account of how they treat all individuals, including their nationals; this make States accountable for how they administer justice, run prisons, and so on. Potentially, it can subvert their domestic orders and requires them to adhere to minimum standards agreed at international level. As a further consequence, human rights doctrines have altered the traditional configuration of the international community as driven only by the interests of States.

scholarly journals Why should it matter that others have more? Poverty, inequality, and the potential of international human rights law

2011 ◽  
Vol 37 (5) ◽  
pp. 2137-2155 ◽  
Author(s):  
MARGOT E. SALOMON
Keyword(s):  
Human Rights ◽  
International Law ◽  
Poverty Alleviation ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Equitable Distribution ◽  
Relational Approach ◽  
Minimum Standards ◽  
International Human

AbstractA concern with ensuring minimum standards of dignity for all and a doctrine based on the need to secure for everyone basic levels of rights have traditionally shaped the way in which international human rights law addresses poverty. Whether this minimalist, non-relational approach befits international law objectives in the area of world poverty begs consideration. This article offers three justifications as to why global material inequality – and not just poverty – should matter to international human rights law. The article then situates requirements regarding the improvement of living conditions, a system of equitable distribution in the case of hunger, and in particular obligations of international cooperation, within the post-1945 international effort at people-centred development. The contextual consideration of relevant tenets serves to demonstrate that positive international human rights law can be applied beyond efforts at poverty alleviation to accommodate a doctrine of fair global distribution.

Dissecting the Institution

2019 ◽  
pp. 167-174
Author(s):  
Rosa Freedman ◽  
Ruth Houghton
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Internal Structures ◽  
Different Types ◽  
Human Rights Norms ◽  
Fragmentation Of International Law ◽  
Institutional Drivers

Institutionalism is concerned with the functioning of an institution; its internal structures and processes. The contested effects of institutionalization—or the proliferation of international institutions—on international law are well-documented, which includes the fragmentation of international law into separate legal orders, with competing institutional drivers. Within human rights, institutionalism and the extraneous effects of decision-making being made by an institution are not as frequently discussed. In his chapter, Klabbers makes an important contribution by highlighting the need to examine the functioning of human rights institutions in order to consider the effects they have on the content of human rights norms. In response to Klabbers, this comment piece emphasizes the need to differentiate clearly between institutions and actors, and indeed between different types of institutions and different types of actors, in order to explore systematically any impact on how international human rights law is developed and implemented.

Environmentally Forced Migration and Human Rights

2017 ◽  
pp. 146-180
Author(s):  
J. M. M. van der Vliet-Bakker
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Degradation ◽  
Forced Migration ◽  
Human Rights Law ◽  
Minimum Standards ◽  
Cross Border ◽  
Specific Category ◽  
Forced Migrants

In an era of accelerating environmental degradation, a growing number of people will be affected by its effects. Some of those people will be forced to migrate, both internally and cross-border. Under current international law, those people are not recognized as a specific category entitled to protection. Many protection gaps in international law can be identified for these ‘environmentally forced migrants'. Human rights law can fill some of those gaps by offering minimum standards of treatment, procedural protection or complementary protection. This chapter systematically assesses these possibilities.

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