La dottrina internazionalistica italiana e la tutela internazionale dei diritti dell'uomo (1945-2005)

2012 ◽  
pp. 513-537
Author(s):  
Pasquale De Sena
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Issues ◽  
International Protection ◽  
Protection Of Human Rights ◽  
Methodological Approaches ◽  
The Impact ◽  
Methodological Eclecticism ◽  
Rights Issues ◽  
Made In

This paper is aimed at providing an overview of the general trends of the Italian international law scholarship concerning the international protection of human rights during the period from 1945 to 2005. The idea is advanced that human rights have been considered (with one exception) only in the framework of some general issues of international law between 1945 and 1960 (para. 2), whereas human rights issues have been managed increasingly as autonomous legal issues, starting from 1960 (para. 3). Between 1970 and 1987, Italian scholars have mainly focused on judicial or quasi-judicial aspects of the international protection of human rights; at the same time, a widespread attitude to submit human rights-oriented thesis has arisen (para. 4). Moreover, some different methodological approaches have progressively been elaborated (ibid.). These tendencies increased during the period between 1987 and 2005, due to the establishment of some human rights-journals, as well as to the large attention paid by scholars to criminal international law issues and to the impact of human rights on some traditional legal issues (para. 5). Some critical remarks are made in paragraph 6, aimed at stressing the different features of the above mentioned approaches. Furthermore it is shown that, regardless of these differences, a certain methodological eclecticism has come to prevail. It is also maintained that the Italian international law scholarship cannot be considered as "human rightist" ("Droits-de-l'-hommiste"), in spite of the said attitude to advance human rights-oriented thesis.

scholarly journals ONE OF THE IMPORTANT ROLES OF INTERNATIONAL JUDICIAL ACT IN THE PROCESS OF MAINTAINING INTERNATIONAL PEACE AND SECURITY

2014 ◽  
Vol 8 (4) ◽  
pp. 7-12
Author(s):  
Barbu Denisa
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Peace ◽  
International Protection ◽  
Public International Law ◽  
Fundamental Freedoms ◽  
Peace And Security ◽  
Protection Of Human Rights

Through the functions it performs, the judicial act has an important role in the maintenance of international peace and security, the prevention and repression of crime, as well as of the international protection of human rights and fundamental freedoms. Even the duties of public international law coincide with these goals.

scholarly journals Dismissal of Village Officials According to Sumbawa Regency Regional Regulation Number 3 of 2015

2021 ◽  
Vol 8 (10) ◽  
pp. 298
Author(s):  
Athar Agung Ramdhan ◽  
H. M. Galang Asmara ◽  
H. Kaharuddin
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Community Empowerment ◽  
Legal Issues ◽  
Legal Certainty ◽  
Village Community ◽  
Protection Of Human Rights ◽  
Village Communities ◽  
The Village ◽  
Made In

The village head has an urgent function in development, empowering village communities. As a village head, as a public office, the decisions taken must comply with legality, the principle of protection of human rights, and the general principles of good governance. The fact is, the village government's problems do not always run smoothly because they get rejection and resistance from the community. The refusal and resistance, even to the point of legal issues or resolved through reporting. One of the cases occurred in the Berora Village administration, Lapok District, Sumbawa Regency, in the form of a decision by the Village Head to dismiss four Regional Heads. The above case basically will not happen if the principles of legal certainty and orderly administration of government according to the Sumbawa Regency Regulation Number 3 of 2015 can be carried out correctly. Researchers made in-depth observations of the subjects involved, starting from the Village Head, Hamlet Head, BPD Desa Berora, Camat Lapok, and possibly an in-depth investigation of the regional regulations themselves through the Sumbawa Regency law bureau. The results showed that the Dispute on the dismissal of the Village Apparatus by the Village Head of Berora resolves through two media, namely Administrative Efforts and the Mataram State Administrative Court. The decision has given through administrative efforts (Camat, strengthened by the Head of the Village Community Empowerment Service and the Regional People's Representative Council through Commission one decided that the dismissal of the Berora Village Apparatus must be annual.

scholarly journals Human rights protection in the context of combating terrorism: problems of finding the optimal balance

2021 ◽  
Vol 10 (45) ◽  
pp. 73-81
Author(s):  
Оksana Vоlоshchuk ◽  
Viktоriia Kоlеsnyk ◽  
Andrii Shevchuk ◽  
Olena Yushchyk ◽  
Pavlo Krainii
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
Law Enforcement Agencies ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Optimal Balance ◽  
Protection Of Human Rights ◽  
Made In

The article examines the essence and nature of terrorism in the light of the problem of observance and protection of human rights, as well as analyzes the problems that arise in the implementation of anti-terrorist activities. Emphasis is placed on the fact that it is difficult to find a balance in the observance of human rights in the implementation of various anti-terrorist measures by law enforcement agencies and the investigation of crimes related to terrorist activities. It is concluded that the fight against terrorism and the protection of human rights are goals that cannot conflict with each other in a democratic society. They complement and mutually reinforce each other, so when taking measures to stop terrorist activities, states are obliged to adhere to key principles and norms of international law, as well as specific commitments made in connection with participation in international human rights agreements.

scholarly journals Asia Pacific Regional Organisations and Japanese Domestic Law

1998 ◽  
Vol 28 (3) ◽  
pp. 493
Author(s):  
Makitaro Hotta
Keyword(s):  
Human Rights ◽  
Legal Issues ◽  
Asia Pacific ◽  
Legal Systems ◽  
Regional Organisations ◽  
The Impact ◽  
Domestic Law ◽  
Rights Issues

This is the first part of a two part article on the impact of regionalisation on domestic legal systems with reference to Japan.  Part I deals with international and regional organisations and their structure.  Domestic legal issues in Japan under Asia Pacific regionalism will be examined in Part II, with particular reference to human rights issues and will be published in the next issue of the Yearbook.

The “Internal” Dimension of the Safe Country Concept: the Interpretation of the Safe Third Country Concept in the Dublin System by International and Internal Courts

2020 ◽  
Vol 22 (1) ◽  
pp. 82-113
Author(s):  
Sílvia Morgades-Gil
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Shared Responsibility ◽  
Mutual Trust ◽  
International Protection ◽  
Academic Literature ◽  
Protection Of Human Rights ◽  
International Instruments ◽  
Refugees And Asylum Seekers ◽  
The Impact

Abstract The non-refoulement principle has been interpreted extensively as regards what kind of threats prevent removal to another country through the interpretation of the international instruments for the protection of human rights. Nevertheless, authors and institutions acknowledge that this principle does not prohibit the removal to a safe country and thus that a number of States participate in a system of shared responsibility, in which refugees and asylum seekers are transferred from one country to another in order to try to obtain (the Dublin EU system) or to benefit from international protection (resettlement). The academic literature has extensively addressed the meaning of the concept of the safe third country. This contribution is aimed at analyzing the application of this concept within a system where all States are supposed to be safe for all asylum seekers, and the principle of mutual trust and equivalence of protection applies. The paper reviews the safe country concept in the context of the Dublin system and examines when and why International, European and internal courts and other institutions have considered that one of the States participating in the system was not safe ad intra. Some final thoughts consider the impact that the analysis may have on the principle of mutual trust that is at the heart of the area of Freedom, Security and Justice.

The Legal Protection of Minorities from International Law and Arab Mashreq Perspectives

2020 ◽  
Vol 27 (3) ◽  
pp. 555-579
Author(s):  
Jamal Barafi ◽  
Nael Georges
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Legal Protection ◽  
Minority Rights ◽  
Objective Analysis ◽  
Religious Minorities ◽  
International Protection ◽  
Protection Of Human Rights ◽  
International Instruments

The international protection of human rights, including those of religious minorities, has mainly developed through instruments adopted under the framework of the United Nations. After clarifying the concept of minorities, this article focuses on the legal protection of minority rights, particularly of religious minorities, under international instruments. It sheds light on the participation of Arab Mashreq states in the preparation of these instruments, in terms of their position in the elaboration of the instruments, and their multiple reservations. It offers an objective analysis of the issue of religious minorities in the Arab Mashreq region, and the necessity to respect their rights fully in order to build democracy and states of citizenship.

scholarly journals Teoretycznoprawne aspekty operacjonalizacji ochrony praw człowieka w państwie z perspektywy globalnego systemu prawa (Zarys problematyki)

2018 ◽  
Vol 4 (1) ◽  
pp. 198-228
Author(s):  
Bartosz Liżewski
Keyword(s):  
Human Rights ◽  
Social Issues ◽  
Council Of Europe ◽  
Effective Protection ◽  
International Protection ◽  
Cultural Aspects ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Decision Making Processes ◽  
The Impact

The article is devoted to the presentation of the outline of the concept of operationalization of human rights taking place in the states involved in the system of international protection of those rights. The concept of operationalization of protection is a collective term for a series of processes that lead to the establishment of legal provisions protecting human rights, and to transfer this abstract construct to specific societies. It includes both the decision-making processes of extralegal (uprising idea, its conceptualization, social issues and change the perception of axiology of society, cultural aspects) and legal (lawmaking and law application processes in the aspect of human rights and the impact of international institutions on them) character. The essence of the process of operationalization is providing effective protection of human rights in a state. The concept is set primarily on the consequences of membership of Poland in the system of the Council of Europe.

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