Recent trends in diplomatic law and human rights

1983 ◽  
pp. 284-296
Author(s):  
Taslim O. Elias
Keyword(s):  
Human Rights ◽  
Recent Trends

Business and Human Rights – Recent Trends in Germany

2021 ◽  
Vol 11 (1) ◽  
pp. 63-72
Author(s):  
Marlen Vesper-Gräske
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Criminal Liability ◽  
Human Rights Protection ◽  
The Public ◽  
Legislative Action ◽  
Business And Human Rights ◽  
Key Points ◽  
Recent Trends ◽  
Corporate Social

There is an undeniable, growing trend in the current Corporate Social Responsibility (CSR) discussions: the responsibility of corporations to abide by and to protect human rights. This discussion includes potential criminal liability for corporations as well as their management for human rights violations. This article will survey the legal status quo of corporate responsibility in the context of human rights protection in Germany. It will then outline two drafts of legislation: a first draft leaked to the press in February 2019 that did not result in further legislative action, and a second draft recently leaked to the public that included key points for such a legislation to become the new German Human Rights Supply Chain Due Diligence Law.

1. The aims and values of ‘criminal justice’

2021 ◽  
pp. 1-52
Author(s):  
Lucy Welsh ◽  
Layla Skinns ◽  
Andrew Sanders
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Due Process ◽  
Crime Control ◽  
Theoretical Framework ◽  
Core Values ◽  
Recent Trends ◽  
Anglo American ◽  
Analytical Tools ◽  
Bare Minimum

This chapter discusses the nature, structure, values and objectives of ‘criminal justice’, together with recent trends, primarily in England and Wales. This includes examining the concepts of guilt and innocence, and the difficulty of ‘proving’ either in many cases; the adversarial nature of the Anglo-American system, contrasted with the inquisitorial approaches that traditionally underpin ‘European’ systems; and the analytical tools of ‘crime control’ and ‘due process’. The importance, and limitation, of the human rights approach in criminal justice is discussed, along with the increasing influences of managerialism and neoliberalism. The chapter then looks at how victims are catered for in these various approaches. It concludes that human rights provide only a bare minimum of protection for suspects and victims alike, and that the system is more exclusionary than inclusionary. Thus a new theoretical framework is proposed that is centred on ‘freedom’, which would prioritise three ‘core values’: justice, democracy and efficiency.

Human Rights Obligations of Non-State Armed Groups in Other Situations of Violence: The Syria Example

2012 ◽  
Vol 3 (2) ◽  
pp. 263-290 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Armed Groups ◽  
Practical Application ◽  
Syrian Arab Republic ◽  
Recent Trends ◽  
Human Rights Norms ◽  
Peremptory Norms ◽  
Vertical Relation

In February 2012, the Independent International Commission of Inquiry on the Syrian Arab Republic found that opposition groups fighting against the Assad regime are bound by human rights obligations constituting peremptory norms of international law. This finding is innovative for two reasons. First, human rights obligations apply generally to the vertical relation between States and their subjects. Second, whereas is seems accepted that non-state armed groups can have human rights obligations when they control territory, the Commission of Inquiry was unable to confirm that Syrian opposition forces exercised such control over territory. This article examines whether the finding that non-state armed groups are bound by peremptory human rights norms is supported by contemporary international law. Moreover, recent trends in the practice of the United Nations with regard to human rights obligations of non-state actors will be analysed. Even though this article argues that non-state armed groups can have human rights obligations in other situations of violence, it points out particular challenges to their practical application.

scholarly journals The victim and the criminal process: an analysis of recent trends in regional and international tribunals

Legal Studies ◽  
2003 ◽  
Vol 23 (1) ◽  
pp. 1-32 ◽  
Author(s):  
Jonathan Doak
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Human Rights Law ◽  
Clear Trend ◽  
Criminal Process ◽  
European Court ◽  
Recent Trends ◽  
International Tribunals ◽  
Rights Discourse ◽  
Human Rights Discourse

This paper examines the recent trends in regional and international tribunals that relate to the position of the victim in the criminal process. Recent decisions in both the European Court of Human Rights and other international tribunals have illustrated a new and progressive attitude towards the role of the crime victim. This can be attributed, in part, to the breakdown of the public/private divide in human rights law and the mutually expanding parameters of both human rights discourse and criminal law. It is argued here that cross-fertilisation between these disciplines, which is widely evident in current policy making and judicial decision-making, has meant that the traditional failures of human rights law and the criminal law to protect victims are being addressed – at least to some extent. A line of European and international case law has developed which suggests that victims of crime have acquired a number of enforceable substantive rights, similar to those held by victims of abuse of power. While the potential for victims to be further empowered will always be inherently limited in adversarial jurisdictions, it is none the less a welcome development that a clear trend is emerging which indicates that international policy makers and tribunals are viewing criminal justice issues in a much more holistic manner.

The Strasbourg Court and Minority Groups: Shooting in the Dark or a New Interpretive Ethos?

2012 ◽  
Vol 19 (1) ◽  
pp. 1-23
Author(s):  
Gaetano Pentassuglia
Keyword(s):  
Human Rights ◽  
Minority Groups ◽  
European Court ◽  
Recent Trends ◽  
The One

Construed around the broad areas of pluralism, identity and non-discrimination, the contemporary jurisprudence of the European Court of Human Rights on minority groups reflects a view of the 1950 Convention which is arguably more complex than the one projected onto the European legal landscape at the time of its adoption. This article takes stock of past and recent trends and reflects on a range of fundamental questions which are likely to define the Court’s approach to the field. I argue that the Court’s persuasiveness will hinge on a modicum of methodology – a new interpretive ethos – as to how to handle relevant claims, and what is at stake when it comes to considering them.

Sign in / Sign up

Export Citation Format

Share Document