Genocide, Forced Migration, and Forced Labor: A Case Study on Rohingya People Under International Law

2022 ◽  
pp. 19-45
Author(s):  
Nebile Pelin Mantı ◽  
Dilara Nur Cansu Islam
Keyword(s):  
International Law ◽  
Forced Migration ◽  
Forced Labor

scholarly journals Governmental human rights focal points in federal contexts: The implementation of the Istanbul convention in Switzerland as a case study

2021 ◽  
pp. 092405192110169
Author(s):  
Matthieu Niederhauser
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Focal Points ◽  
Human Rights Law ◽  
International Human Rights ◽  
Federal States ◽  
International Human

The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.

Criminogenic Policy Antithetical to Peace Policy: A Case Study of NAFTA as a Violation of International Law

2020 ◽  
pp. 016059762093289
Author(s):  
Daniel Patten
Keyword(s):  
Human Rights ◽  
International Law ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Negotiation Process ◽  
Study Analysis ◽  
Business Investment ◽  
Written Text ◽  
Case Study Analysis

Successful peace policy that enshrines human rights allows individuals to thrive economically, politically, and socially with minimal conflict. Building from literature on crimes of globalization, genocide, and human rights, the current research investigates the concept of a criminogenic policy that at its core is antithetical to peace policy. Using case study analysis, North American Free Trade Agreement (NAFTA) is found to be both criminal and criminogenic in violation of international law for two primary reasons. First, the NAFTA negotiation process was criminal and criminogenic for three interrelated reasons: (1) powerful elites heavily influenced the outcome, (2) it was undemocratic, and (3) the opposition was often repressed. Second, the NAFTA policy itself was criminal and criminogenic for two reasons: (1) NAFTA as a policy ignored all of the critical voices that predicted negative outcomes and (2) the written text of NAFTA is criminal for failing to include human rights protections while offering a litany of rights to protect business investment.

Dispute Settlement of Diplomatic Relation Reviewed In International Law (Case Study of Spionageburning Australia on The President of Indonesia)

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Iqbal Baiquni
Keyword(s):  
International Relations ◽  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Qualitative Approach ◽  
Legal Research ◽  
Bilateral Relations ◽  
Final Settlement ◽  
First Time

<div><p class="abstract">The case of espionage or spying by Australia against Indonesia is not the first time, but there have been several attempts of espionage against Indonesia. This espionage act is an act of secretly collecting intelligence data in international relations in a country. In this paper, we discuss the wiretapping case and its resolution. This paper uses normative legal research with a qualitative approach. This paper examines the chronology of cases of tapping by Australia against Indonesia, wiretapping in human rights and international law, as well as the final settlement of tensions between Indonesia and Australia through an agreement on the Code of Conduct to normalize bilateral relations between the two countries.</p></div>

scholarly journals INTERNATIONAL ENVIRONMENT PROTECTION DURING ARMED CONFLICT CASE STUDY: ISRAEL-LEBANON CONFLICT

2008 ◽  
Vol 38 (1) ◽  
pp. 35
Author(s):  
Arie Afriansyah
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Environment Protection ◽  
International Environment ◽  
State Liability

AbstrakDuring the last decade many armed conflicts were occurred between nationsor states. From that situation initially people just have interests throughhuman who been victim more than environment destructions that had beenaffected. Furthermore since those environment defects have influencedthrough human living then triggered awareness toward worst effect of thewar. The author by this article does configure how by conflict between Israeland Lebanon (Hezbollah) have shaped bad affects not only to local but alsoregionally through the environment. Under that elaboration then willexamine how to resolve the conflict under international law and also toascertain state liability through environment destruction what was ensued

scholarly journals Manchar Lake’s Hypothetical Restoration and Willingness of Fishing Communities to Switch Back To Fishing

2021 ◽  
Vol 40 (1) ◽  
pp. 53-65
Author(s):  
Muhammad Azeem ◽  
Junaid Alam Memon ◽  
Fateh Muhammad Mari
Keyword(s):  
Contingent Valuation Method ◽  
Forced Migration ◽  
Physical Capital ◽  
Fishing Communities ◽  
Income Shocks ◽  
Hypothetical Situation ◽  
Valuation Method ◽  
Manchar Lake ◽  
Complete Transformation

Environmental and anthropogenic changes in lakes have implications for fishers’ livelihoods in form of their forced migration and occupational change. Those advocating lake restorations often face a dilemma whenasked if lake restoration will also restore the lost livelihoods. Answering such questions are difficult because most people are not programmed for frequent changes in their livelihood structures. Using the case study of Manchar Lake fishers who seemingly have faced such transition, this study brings insights on this broad question. We developed an in-person survey based on Contingent Valuation Method (CVM) to study 300 fishers’ responses to a hypothetical situation whereby they were asked to “Switch Back” to Manchar Lake assuming that it has been restored to provide various ecosystem services. Results show that complete transformation in the livelihoods of fishing communities has taken place with remarkable variation in their access to assets and livelihood outcomes. Despite increase in their access to physical capital such as school, hospital, roads, and markets, the communities are still vulnerable to income shocks and rarely enjoy privileges such as house ownership. The comparative state of current and past livelihoods and asset possessions determine ones’ willingness to switch back to fishing in Manchar Lake. Those who may have performed better in the said transition are less likely to return to their erstwhile occupations even if the lake is restored and vice-versa. We conclude that satisfaction with current livelihood outcomes is low and willingness to switch back to fishing in Manchar Lake is high since many had been poor performers in the transition. While the environmental rationale for the Manchar Lake’s ecological restoration already exists, this study suggests that there also exists a socioeconomic rationale albeit in a way that restoration also supports contemporary ecological services such as tourism.

scholarly journals Konflik Antar Negara Berdasarkan Hukum Internasional

2019 ◽  
Vol 21 (1) ◽  
pp. 159-172
Author(s):  
Vera Yanti Artega ◽  
Adwani Adwani ◽  
Sanusi Bintang
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Peaceful Settlement ◽  
Cross Country ◽  
Inter State

Penelitian ini bertujuan untuk menjelaskan perlindungan hukum internasional terhadap negara yang disadap secara melawan hukum oleh negara lain dan menjelaskan metode penyelesaian sengketa yang dilakukan Indonesia dalam  menyelesaikan konflik antar negara akibat penyadapan yang dilakukan Australia terhadap Indonesia Tahun 2013. Penelitian ini menggunakan jenis metode penelitian hukum yuridis normatif. Hasil penelitian menunjukkan bahwa hukum internasional belum memberikan perlindungan yang cukup kepada negara yang disadap oleh negara lain. Adapun metode penyelesaian sengketa yang digunakan Indonesia dalam menyelesaikan kasus penyadapan dengan Australia adalah penyelesaian sengketa internasional secara damai melalui cara negosiasi. Oleh karena itu, peraturan mengenai penyadapan lintas negara harus segera dibentuk, sehingga perlindungan hukum terhadap negara yang disadap bisa dilakukan. Serta kedua negara harus membentuk code of conduct. Inter-State Conflict Under International Law International relation between two countries at some time could evoke problems which are caused by the cheating action of one party, such as interception resulting in conflict between them. This study aims to explain the protection of international law against countries that are illegally intercepted by other countries and explain the method of dispute settlement conducted by Indonesia in resolving inter-state conflicts resulting from Australian interception to Indonesia in 2013. This study uses a normative-juridical legal research method, by using legislation, case study , and conceptual approach with library data sources. The result shows that international law has not provided sufficient protection to countries intercepted or tapped by other countries. The method of dispute resolution used by Indonesia in solving wiretapping case with Australia is the peaceful settlement of international disputes through negotiation. Therefore, regulations concerning cross-country intercepting must be established immediately, thus legal protection of the tapped countries could be proceeded, and the two countries must establish a code of conduct.

scholarly journals MENAPAKI KEMBALI SEJARAH DAN GERAKAN ISU ROMUSHA DI INDONESIA

2018 ◽  
Vol 3 (2) ◽  
pp. 419
Author(s):  
Anugrah Saputra
Keyword(s):  
Field Studies ◽  
Forced Labor ◽  
Labor Practices ◽  
Japanese Military ◽  
The Future ◽  
Younger Generation

The research discuss about forced labor practices in Indonesia under Japanese Military invation. The focus of this paper is to highlight how the idea of forced labor context, the mobilization process and to describing, also reveals preliminary findings on the ground in relation to Romusha's case study at village in Boyolali. In this papaer also will be presented how the future of that issues and humanitarian movement Romusha in Indonesia recently. I used literature and field studies by presenting some of the survivor (ex-romusha). The result of this study bring the conclusions of discussion and history alignment to the younger generation should be continue  and so that we can moving into a better future.Keywords: romusha in indonesia; japanese military invation 

scholarly journals Forced to flee : contemporary Colombian refugee migration & internal displacement

2021 ◽  
Author(s):  
Tracy Vunderink
Keyword(s):  
Human Rights ◽  
National Identity ◽  
International Law ◽  
Forced Migration ◽  
Civil Conflict ◽  
Internal Displacement ◽  
Push Factors ◽  
Population Displacement ◽  
Human Rights Abuses ◽  
Criminal Violence

Examines the situation of forced migration in Colombia by identifying how profound inequalities, a lack of governmental authority, and a crisis in national identity have contributed to the emergence of armed irregular groups and the perpetuation of the civil conflict. The Colombian conflict which has last[ed] for more than forty years has perpetuated extreme criminal violence, grave human rights abuses and massive levels of population displacement. Determinants or push factors involved in Colombian internal displacement and asylum seeking are analyzed to draw similarities between these two experiences to further question the distinctions maintained between them in international law.

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.

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