The Human Right to Water in Italy’s Foreign Policy and Domestic Law

2021 ◽  
pp. 241-288
Author(s):  
Paolo Turrini ◽  
Marco Pertile
Keyword(s):  
Foreign Policy ◽  
Human Right ◽  
Domestic Law

A Need for Transnational Non Bis in Idem Protection in International Human Rights Law

2005 ◽  
Vol 23 (3) ◽  
pp. 329-347 ◽  
Author(s):  
Alexander Poels
Keyword(s):  
Human Rights ◽  
Due Process ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human ◽  
The Individual ◽  
Domestic Law

Although safeguards for the individual human right guarantees for protection against double jeopardy are strongly entrenched in international and domestic law as well as widely reflected in State practice, such protection is generally limited in scope and applicability to surrender or extradition procedures. Where criminal offenders face courts of a State after having been prosecuted and punished or acquitted by a court of another State, the absence of transnational non bis in idem protection constitutes a serious lacuna in international human rights law. Although legislative and judicial initiatives are being undertaken – notably under the aegis of the European Union – to remedy this lacuna, the international community must incontestably act upon this need for individuals' protection against abuses of power and breaches of due process through the amendment or complementing of the classical international human rights conventions.

Openness and Transparency

2020 ◽  
pp. 933-956
Author(s):  
Jane Reichel
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
International Organizations ◽  
National Level ◽  
Human Right ◽  
Public International Law ◽  
The Public ◽  
Global Context ◽  
Introductory Overview ◽  
Domestic Law

This chapter considers how the increased interest in access to official documents on the public international law level relates to the challenges posed to domestic laws with respect to transparency. It asks if international developments of greater access can compensate for the loss of transparency at the national level brought about by the de-nationalization of domestic law, and if so, how. Swedish domestic law is chosen as the case example here. The chapter provides an introductory overview of openness and transparency as a constitutional and administrative value in Sweden. Next, it examines openness and transparency in a global context. Transparency as a human right and also as an ideal for international organizations is then addressed. The chapter concludes with a comparative analysis.

19. Article 12: right to marry

2021 ◽  
pp. 407-413
Author(s):  
Howard Davis
Keyword(s):  
Legal Protection ◽  
European Convention ◽  
Human Right ◽  
European Court ◽  
Margin Of Appreciation ◽  
Key Points ◽  
Public Recognition ◽  
The Right ◽  
Domestic Law ◽  
Primary Unit

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter deals with Article 12, the right to marry and found a family. The right can be qualified by reference to ‘national laws’. This qualification permits states to regulate and restrict marriage so long as the ‘essence’ of the right is not compromised. The human right to marriage gives public recognition and legal protection to the primary unit through which children are conceived and brought up. The European Court of Human Rights tends to allow a wide margin of appreciation in respect of issues over which a clear European consensus has yet to emerge. A number of issues are also discussed in Chapter 15, on Article 8.

scholarly journals Denial and Rejection: International Law and Donald Trump’s Foreign Policy Agenda

2021 ◽  
Vol 17 (2) ◽  
pp. 28-76
Author(s):  
Shadi Alshdaifat
Keyword(s):  
Foreign Policy ◽  
International Law ◽  
The United States ◽  
Public And Private ◽  
Hard Power ◽  
Nation States ◽  
Transnational Actors ◽  
National Governments ◽  
Domestic Law ◽  
Trump Administration

Since Trump’s Administration took office, this elusory question has haunted most issues in the international law. So far, the Trump Administration has been in office for a little over forty-four months, a tumultuous period that has disrupted international law and international politics. Another looming question is whether the Trump Administration’s many initiatives will permanently change the nature of America’s foreign policy? In particular, this paper will discuss Trump’s foreign policy, since his emerging philosophy seems to be a general rejection of the Obama approach: not “engage-translate-leverage,” but rather, “disengage black hole-hard power.” Wherever possible, the Trump instinct seems to be to disengage-unilateralism or, as he calls it, “America First.”  The United States of America and Trump are sturdy actors in the making and unmaking of international law. But the basic idea underlying international law is that international law is no longer just for nation-states or national governments. What Jeremy Bentham once called “inter-national law”, the law between and among sovereign nations, has evolved into a hybrid body of international and domestic law developed by a large number of public and private transnational actors.

Maxims of Foreign Policy

Itinerario ◽  
2000 ◽  
Vol 24 (2) ◽  
pp. 62-79
Author(s):  
W.J. Boot
Keyword(s):  
Foreign Policy ◽  
Sixteenth Century ◽  
Foreign Relations ◽  
East Asian ◽  
Modern Period ◽  
Cultural Sphere ◽  
Japanese Identity

In the pre-modern period, Japanese identity was articulated in contrast with China. It was, however, articulated in reference to criteria that were commonly accepted in the whole East-Asian cultural sphere; criteria, therefore, that were Chinese in origin.One of the fields in which Japan's conception of a Japanese identity was enacted was that of foreign relations, i.e. of Japan's relations with China, the various kingdoms in Korea, and from the second half of the sixteenth century onwards, with the Portuguese, Spaniards, Dutchmen, and the Kingdom of the Ryūkū.

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