China’s Performance on International Treaties on Trade and Human Rights

2016 ◽  
pp. 217-238
Author(s):  
Pitman B. Potter
Keyword(s):  
Human Rights ◽  
International Treaties

scholarly journals The normative framework of the protection of personal data in the field of (bio)medicine

Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 99-114 ◽  
Author(s):  
Natasa Rajic
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
European Convention ◽  
International Treaties ◽  
Normative Framework ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
Treatment Procedures ◽  
Biomedical Treatment

This paper discusses the normative framework of regulating the right to protection of personal data relating to biomedical treatment procedures of patients as human rights. The subjects of analysis are the European Convention, the Convention on Human Rights and Biomedicine and the relevant provisions of the Constitution of the Republic of Serbia. The right to protection of personal data in the field of biomedicine is analyzed comparatively in terms of the content of this right and in terms of basis for limiting this right. The analysis is carried out to find answers to the question if the constitutional framework is consistent in terms of exercising this right, taking into account the constitutional provision on the direct application of human rights guaranteed by international treaties and other provisions that determine the status of international sources of law in our legal system.

scholarly journals Comparative legal analysis of the anti-corruption policy in Ukraine and Poland

2021 ◽  
Vol 39 (69) ◽  
pp. 91-114
Author(s):  
Oleksandra Zakharova ◽  
Olena Harasymiv ◽  
Olga Sosnina ◽  
Oleksandra Soroka ◽  
Inesa Zaiets
Keyword(s):  
Economic Development ◽  
Human Rights ◽  
Social Justice ◽  
Soviet Union ◽  
Eastern Europe ◽  
Market Economy ◽  
Former Soviet Union ◽  
The State ◽  
Legal Analysis ◽  
International Treaties

Effective counteraction to corruption remains relevant in some countries of Eastern Europe and the former Soviet Union, given that manifestations of corruption are a real obstacle to the realization of human rights, social justice, economic development and jeopardizes the proper functioning of a market economy. However, if such countries of the region, such as Poland, succeeded in ensuring the implementation of an effective anti-corruption policy, a number of post-Soviet countries, in particular Ukraine, faced significant obstacles to overcoming corruption and effectively implementing national anti-corruption policies. Therefore, within this article, a comparative legal analysis of the anti-corruption legislation of these countries has been carried out. The state of implementation of national anti-corruption policies and the formulated conclusions, which provide answers to the questions of improving the implementation of national anti-corruption policy, in particular Ukraine, are considered. Thus, the existence of modern national anti-corruption legislation that best meets the requirements and recommendations on which the state relies on relevant international treaties can be the key to successful anti-corruption efforts.

Human Rights

2005 ◽  
Author(s):  
Keith Ewing
Keyword(s):  
Human Rights ◽  
International Law ◽  
Constitutional Law ◽  
Legal Systems ◽  
International Treaties ◽  
Municipal Law

This article begins with a brief discussion of what human rights are. It then considers the international treaties which have emerged to protect human rights in national legal systems, focusing on aspects of the scholarship which has developed alongside the cascade of these rights from international law to constitutional law to ordinary municipal law. This is a process which has been controversial as human rights and democracy are seen by some to be mutually dependent, but by others to be engaged in an abrasive struggle for superiority on the battleground of ideas.

EUROPEAN INSTITUTIONS AND MECHANISMS FOR PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF MILITARY PERSONNEL

2021 ◽  
Vol 17 (1) ◽  
pp. 175-182
Author(s):  
Madălina PREDA (DAVIDOIU)
Keyword(s):  
Human Rights ◽  
Military Personnel ◽  
Fundamental Rights ◽  
International Treaties ◽  
Strategic Objectives ◽  
European Institutions ◽  
Legal Foundation ◽  
Standards Of Conduct ◽  
Fundamental Rights And Freedoms ◽  
The Military

Abstract: Through international treaties, human rights have reached the pinnacle of their legitimacy, being ratified by most countries. Respecting the human rights is the legal foundation for a democratic society in which the military has a defining role. In the comprehensive approach of the European institutions, protecting and promoting the human rights of military personnel are preconditions for regional unity, stability and security. The European documents provide an integrated understanding of the concept of rights and freedoms in relation to the special status of military personnel in society, representing regulated standards of conduct. Promoting the culture of respect for the fundamental values of human rights, both in the process of military education and training, as well as in exercising their specific tasks, represents an instrument for maintaining the order, discipline and morale of the military, ensuring the effectiveness of military actions and an overwhelming factor supporting the achievement of strategic objectives.    

Democratic Sovereignty and Transnational Law

2017 ◽  
pp. 21-46
Author(s):  
Seyla Benhabib
Keyword(s):  
Human Rights ◽  
International Treaties ◽  
International Human Rights ◽  
Legal Norms ◽  
Global Constitutionalism ◽  
International Human ◽  
The One ◽  
Human Rights Norms ◽  
Zero Sum ◽  
The Cost

Critics of legal cosmopolitanism and global constitutionalism have often pointed to an alleged zero-sum conflict between democratic sovereignty and a particular class of international legal norms: those pertaining to human rights. It is undeniable that there exist tensions between the application of, and compliance with, human rights norms in domestic contexts, on the one hand, and international treaties and covenants, on the other. Benhabib develops a conceptual and empirical model for understanding these tensions not as a zero-sum game, but rather as a process of dialectical norm-enhancement and interpretation. Her thesis is that compliance with international human rights norms does not come at the cost of, but rather reinforces, democratic sovereignty.

What’s Wrong with (Some) Judges? Al-Skeini, Al-Jedda, Smith, and the Fog of War

2020 ◽  
pp. 234-267
Author(s):  
Nigel Biggar
Keyword(s):  
Human Rights ◽  
Natural Rights ◽  
Fragile States ◽  
Military Effectiveness ◽  
International Treaties ◽  
The United Kingdom ◽  
European Court ◽  
The Supreme Court ◽  
Political Conditions ◽  
The Military

What is wrong with rights might lie in several places. Some accuse the very concept of a right belonging to an individual as a kind of property. Chapter 6 considered this charge and found it wanting. Instead, Chapters 5, 7, 8 and 9 identified problems in misleading connotations of talk about ‘natural rights’, the failure to reckon with the contingency of rights upon economic and political conditions, and the importation of what is paradigmatically a legal idea into ethical deliberation. An additional possibility is that problems lie not only in concepts of rights, but also in the way in which judges treat them. This is the topic of this chapter and the following one. The present chapter examines recent decisions of the European Court of Human Rights (Al-Skeini [2011], Al-Jedda [2011]), and the Supreme Court of the United Kingdom (Smith [2013]), which threaten the UK’s military power. It concludes that, in these cases, the jurisprudence of the European court is vitiated by an imprudence born of a limited historical and political imagination, a culture of risk-aversion, and an ideological rights-fundamentalism. Such imprudent jurisprudence serves to weaken the military effectiveness of European States Party and their ability to support politically fragile states, to undermine states’ confidence in international treaties, and to provoke calls for states’ withdrawal from the Convention altogether.

7 International Treaties in Russian Judicial and Arbitral Practice

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
European Convention ◽  
International Treaties ◽  
Judicial Practice ◽  
European Court ◽  
Fundamental Freedoms ◽  
Russian Constitution ◽  
The Russian Federation

This chapter explores the role of Soviet and post-Soviet Russian courts in interpreting and applying international treaties. It is clear that Soviet courts dealt more frequently with treaties than the scanty published judicial practice of that period suggests. This early body of treaties may also have contributed to the emergence in the early 1960s of priority being accorded to Soviet treaties insofar as they contained rules providing otherwise than Soviet legislation. Whatever the volume of cases involving treaties that were considered by Soviet courts prior to 1991, the inclusion of Article 15(4) in the 1993 Russian Constitution transformed the situation. A further transformation occurred when the Russian Federation acceded to the 1950 European Convention on Human Rights and Fundamental Freedoms and began to participate in the deliberations of the European Court for Human Rights in Strasbourg.

scholarly journals International Humanitarian Law and Review of Recurrent Violations Including Chemical Weapons Use

2019 ◽  
Vol 34 (s1) ◽  
pp. s32-s32
Author(s):  
Sukhshant Atti ◽  
Bonnie Arquilla
Keyword(s):  
Human Rights ◽  
Grey Literature ◽  
Medical Personnel ◽  
International Humanitarian Law ◽  
Chemical Weapons ◽  
Chemical Weapon ◽  
Humanitarian Law ◽  
International Treaties ◽  
Nation States ◽  
Chemical Weapons Convention

Introduction:The basis of International Humanitarian Law (IHL) is the Theory of Natural Law, which states that the laws of morality and the ability to use reason in the determination of inalienable human rights, are innate to humans, and cannot be taken away by any states or laws. IHL is an agreement among nation-states that applies to situations of conflict to protect civilians and guides conduct in time of war. IHL extends protection to civilian medical personnel. The recent escalation in chemical weapons use by states has violated IHL and the 1997 Chemical Weapons Convention (CWC) treaty, with little repercussion from the international community.Aim:We review the increase in chemical weapons use, international chemical weapon treaty violations, and violations of IHL against medical personnel.Methods:A review was conducted of existing medical and grey literature for sources discussing chemical agents, their history, and violations of laws prohibiting their production, stockpiling, or use. The following publications were reviewed: PubMed, EBSCHost, and Google Scholar.Results:The use of sarin, chlorine, and mustard gas against civilians has been confirmed multiple times in Syria by the United Nations since 2011. Physicians for Human Rights mapped 537 attacks, both violent and chemical, against 348 different medical facilities in Syria from March 2011 to July 2018. Since March 2011, at least 847 civilian medical personnel have reportedly been killed. Many were killed by government forces as part of a war strategy creating further incapacitation. Most recently, Medecins Sans Frontiers concluded its Yemen mission due to repeated attacks, including two in one week in October 2018.Discussion:There must be recognition and emphasis on the health severity of such attacks and the violations of IHL and the CWC. Physicians must use their unique positions for advocacy and call for action in upholding international treaties.

Legislating from a Radical Hague: The United Nations Special Tribunal for Lebanon Invents an International Crime of Transnational Terrorism

2011 ◽  
Vol 24 (3) ◽  
pp. 677-700 ◽  
Author(s):  
BEN SAUL
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Crime ◽  
Domestic Terrorism ◽  
Public Confidence ◽  
International Treaties ◽  
Transnational Terrorism ◽  
National Legislation ◽  
Judicial Decisions

AbstractIn 2011, the Appeals Chamber of the UN Special Tribunal for Lebanon purported to identify a customary international crime of transnational terrorism and applied it in interpreting domestic terrorism offences under Lebanese law. This article argues that the Tribunal's decision was incorrect because all the sources of custom relied upon by the Appeals Chamber – national legislation, judicial decisions, regional and international treaties, and UN resolutions – were misinterpreted, exaggerated, or erroneously applied. The Tribunal's laissez-faire attitude towards custom formation jeopardizes the freedom from retrospective criminal punishment, subjugating the human rights of potential defendants to the Tribunal's own moralizing conception of what the law ought to be. The decision is not good for international law or public confidence in its institutions and processes.

Linking Transitional Justice and Human Rights

2017 ◽  
Author(s):  
Susan Waltz
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Arab Spring ◽  
International Treaties ◽  
Human Rights Abuses ◽  
Universal Human Rights ◽  
Before And After ◽  
Human Rights Standards ◽  
Economic Injustice ◽  
The Arab Spring

Chapter 3, by Susan Waltz, addresses several of these challenges as well as other themes in a distinct way, drawing upon experiences before and after the Arab Spring from several countries in the region including Egypt, Morocco, and Tunisia. She first draws attention to the apparent gaps between a set of universal human rights standards enshrined in international treaties, the practice of transitional justice with its focus on gross human rights abuses, and the expectations which have been raised of transitional justice, including of addressing questions of economic injustice. She then interrogates different facets of the problem of “impact” of transitional justice.

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