scholarly journals When Is Immigration Selection Discriminatory?

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 345-349
Author(s):  
Liav Orgad
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Cooperation ◽  
Country Of Origin ◽  
Legal Framework ◽  
Step Process ◽  
Global Migration ◽  
State Authority

Managing global migration is one of the most pressing issues of our time. Traditionally, international law has not generally regulated immigration and citizenship law; it defers to state authority in setting up rules and procedures for entry into the territory and citizenry. The lack of clear regulation—and a commonly accepted methodology on how to evaluate discriminatory borders—creates acute problems in terms of protecting human rights, promoting state interests, and setting up international cooperation. Against this background, this essay offers a legal framework to examine when borders are discriminatory. It includes a three-step process that examines the goals, criteria, and means of immigration and citizenship selection. With almost 300 million international immigrants worldwide living outside their country of origin in 2020, developing such a framework has become an urgent need.

Legal Protection of Children in Non-International Armed Conflicts in Nigeria

2021 ◽  
pp. 1-27
Author(s):  
Olaitan Oluwaseyi Olusegun
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Conflict Situations ◽  
Legal Frameworks ◽  
The Impact ◽  
Domestic Law

Abstract Armed conflicts are characterised by violence and human rights violations with various implications on the citizens, economy and development of nations. The impact is however more pronounced with life-long consequences on children, the most vulnerable members of the society. This article examines the impact of non-international armed conflicts on children in Nigeria and identifies the laws for the protection of children against armed conflicts, both in international law and Nigeria’s domestic law. It also addresses the challenges involved in the protection of children in armed conflict situations in Nigeria. The study found that legal efforts to protect children have not been given sufficient attention in Nigeria. This is mostly due to various challenges including the fragmentation of legal framework and the refusal to domesticate relevant treaties. It is thus recommended that these challenges be addressed through the implementation of effective legal frameworks.

Regolazione internazionale e responsabilitŕ globale delle imprese transnazionali

2009 ◽  
pp. 229-258
Author(s):  
Fabrizio Marrella
Keyword(s):  
Human Rights ◽  
International Law ◽  
Global Financial Crisis ◽  
Holistic Approach ◽  
Transnational Corporations ◽  
Legal Framework ◽  
Global Scale ◽  
State Control ◽  
Business And Human Rights ◽  
The Global Financial Crisis

- In recent years and before the global financial crisis, international law has struggled to regulate the activity of transnational corporations since the latter have greatly expanded their capacity for action on a global scale. Despite numerous efforts by the International Community to agree on a hard law international legal framework, the soft law process has been the primary arena for the regulation of transnational corporations and human rights. In addition, host state control, home state control and international responsibility of directors and companies itself have so far remained the fundamental avenues through which issues of global corporate responsibility have been assessed. ‘Contractualisation' of human rights has also been viewed as a further avenue to control the human rights impact of corporate activity. The UN Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises has generated an impressive stock of report capitalizing on issues well known in specialised international economic law literature. He is raising global awareness and institutionalizing new paradigms of understanding the complex relationship between business and human rights: a matter of vital importance for this century. The work of the UN Special Representative constitutes therefore a step forward towards an holistic approach of contemporary international law.

scholarly journals Treaty Stasis

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 63-69 ◽  
Author(s):  
Brian Israel
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Legal Framework ◽  
International Governance ◽  
Social Dimensions ◽  
Legal Form ◽  
The Social ◽  
Design Tradeoffs ◽  
Multilateral Treaty ◽  
A Performance

We shouldn’t necessarily be concerned when international lawmaking is a victim of its own success. A trend in a given domain of international governance in which multilateral treaty-making gives way to bilateral and non-binding alternatives does not itself signal a decline in the influence or efficacy of international law. It may in fact be a normal symptom of a properly functioning international legal framework—as much a cause for celebration among international lawyers as for concern.I wish to offer some brief reflections on this Agora theme, The End of Treaties?, from the perspective of a lawyer responsible for engineering international cooperation. I say “engineering” because international lawyers in this role must carefully weigh design tradeoffs in selecting among potential cooperative mechanisms, not unlike an engineer weighing the tradeoffs between materials in designing to a performance and cost specification. Like architects, international lawyers must also be attuned to the social dimensions of the arrangements they craft, but should ultimately privilege function above the aesthetics of legal form. Ugly international cooperative arrangements may nevertheless perform beautifully.

EU Asylum Law and Human Rights Protection: Revisiting the Principle of Non-refoulement and the Prohibition of Torture and Other Forms of Ill-treatment

2012 ◽  
Vol 14 (2) ◽  
pp. 119-149 ◽  
Author(s):  
Júlia Mink
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
International Norms ◽  
Human Rights Protection ◽  
Legal Principles ◽  
Rights Protection ◽  
Asylum Law ◽  
Depth Analysis ◽  
The Eu

Abstract The principal objective of the article is to examine the EU legal framework and international law parameters of legal harmonisation processes in a specific field of human rights protection: asylum legislation. In particular, it is to provide an in-depth analysis of the compatibility of EU asylum legislation with existing international norms in relation to the principle of non-refoulement and the prohibition of torture and other forms of ill-treatment. It also aims at exploring the correspondence and controversies of relevant legal principles and norms under international law. Similarly, it attempts to provide an analysis of the incomplete and inefficient implementation of these international norms and principles by EU asylum law as well.

scholarly journals CHILD'S HEALTH CARE: LEGAL FRAMEWORK AND ONGOING CHALLENGES

2020 ◽  
Vol 73 (12) ◽  
pp. 2789-2794
Author(s):  
Oleksandr V. Petryshyn ◽  
Marianna I. Liubchenko ◽  
Oleksii O. Liubchenko
Keyword(s):  
Health Care ◽  
Human Rights ◽  
International Law ◽  
Well Being ◽  
Children's Rights ◽  
Legal Framework ◽  
Private Life ◽  
Children’S Rights ◽  
Dialectical Approach ◽  
Legal Method

The aim: Is to analyze the development of the modern legal framework for child's health care, to clarify the benefits of a human rights-based approach, which is now is mainstreaming for understanding the right of children to health and means of its protection. Materials and methods: To achieve this goal, as well as taking into account the specifics of the topic, the following research methods became relevant: the application of a dialectical approach and historical method made it possible to understand the patterns of formation and development of ideas of children's rights and health within the international community and national states; formal-legal method was used when studying legal texts (international law acts, both of universal and regional level, interpretation and clarification of human rights treaty bodies, expert reports and research, case law), and comparative-legal was used to compare different approaches on health protection in various international human rights mechanisms (US Supreme Court, Council of Europe). Conclusions: Today, perceptions of children's rights at the doctrinal and jurisprudential levels are quite developed due to a broad understanding and openness to progressive interpretation. In particular, the inclusion into the legal context such determinants as the inviolability of the dignity and private life of the child, proper understanding of the stages of adulthood, and an assessment of the child's developmental environment has made modern international law and national legal systems to become more viable in sense of protection of child's well-being in today's world.

scholarly journals Assessing the responsibilities of the United Kingdom and Mauritius towards the Chagossians under international law

Afrika Focus ◽  
2016 ◽  
Vol 29 (2) ◽  
pp. 39-57
Author(s):  
Darsheenee Raumnauth ◽  
Roopanand Mahadew
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
International Law ◽  
Legal Framework ◽  
Essential Condition ◽  
The Past ◽  
The United Kingdom ◽  
History Of ◽  
British Colonial ◽  
Colonial Master

This article reviews the obligations under international law of the United Kingdom and Mauritius towards the Chagossians. With the detachment of Chagos from Mauritius as an essential condition for the independence of Mauritius from the British colonial master, the Chagossians have, over the past four decades, endured enormous human rights violations . This article assesses the responsibility of the two states vis-à-vis the Chagossians. A comprehensive factual account is first presented to clarify understanding of the history of Chagos. The legal framework is then analysed to assess the responsibility of each state, before a number of recommendations are made.

scholarly journals Assessing the responsibilities of the United Kingdom and Mauritius towards the Chagossians under international law

Afrika Focus ◽  
2016 ◽  
Vol 29 (2) ◽  
Author(s):  
Darsheenee Raumnauth ◽  
Roopanand Mahadew
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
International Law ◽  
Legal Framework ◽  
Essential Condition ◽  
The Past ◽  
The United Kingdom ◽  
History Of ◽  
British Colonial ◽  
Colonial Master

This article reviews the obligations under international law of the United Kingdom and Mauritius towards the Chagossians. With the detachment of Chagos from Mauritius as an essential condition for the independence of Mauritius from the British colonial master, the Chagossians have, over the past four decades, endured enormous human rights violations. This article assesses the responsibility of the two states vis-à-vis the Chagossians. A comprehensive factual account is rst presented to clarify understanding of the history of Chagos. The legal framework is then analysed to assess the responsibility of each state, before a number of recommendations are made. Key words: Chagos, Mauritius, United Kingdom, British Indian Ocean territories 

A “Supportive and Catalytic” Supervisor? UNHCR’s Role in the Global Compact for Refugees

2020 ◽  
Author(s):  
Niamh Kinchin
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Cooperation ◽  
Moral Authority ◽  
Political Environment ◽  
Global Compact ◽  
State Action

ABSTRACT The Global Compact for Refugees describes UNHCR as its ‘supportive and catalytic’ leader. The ability for UNHCR to negotiate and collaborate within a highly political environment is critical to the Refugee Compact’s ongoing success. However, the Refugee Compact is non-binding, which means that there is no call for UNHCR to exercise its supervisory mandate. By removing the impetus for enforcement, which includes submissions to courts and parliaments, and State admonishment, the Refugee Compact diminishes the non-political elements of UNHCR’s work. The consequence of sidelining UNHCR’s supervisory mandate is that State interests are elevated above those of refugees, which risks diluting principles of international law and human rights. Entrenched problems of voluntary funding are ignored, and whilst robust conversations may flourish within this forum, realizable outcomes will be undermined by ‘endless conversations’ and positive optics. UNHCR’s moral authority, which stems from its embodiment of the protector of refugees, will not act as a motivation for State action. A reconsideration of UNHCR’s role is required in order to allow UNHCR to refocus on its supervisory mandate and to ensure the Refugee Compact can strike a balance between being “entirely non-political in nature” and the reality of international cooperation, which is inherently political.

International Law and Treaty Obligations, Mutual Legal Assistance, and EU Instruments

2019 ◽  
pp. 608-630
Author(s):  
Martin Böse
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Mutual Recognition ◽  
Legal Framework ◽  
Legal Assistance ◽  
European Union Law ◽  
Mutual Legal Assistance ◽  
Asset Recovery ◽  
Criminal Matters ◽  
New Instruments

This chapter deals with international and European Union law that provides a legal framework for international cooperation in crime-related matters. The relevant provisions of international law form part of treaties combating transnational crime and of bilateral and multilateral agreements establishing a general framework for international cooperation in criminal matters as well as the new instruments under EU law that are based upon the principle of mutual legal assistance. The chapter first outlines the scope and elements of international cooperation in criminal matters before discussing international cooperation in criminal matters and human rights. It then considers the principle of mutual recognition, new international cooperation instruments such as extradition, and enforcement of criminal sentences and measures. In particular, it examines the transfer of convicted persons and enforcement of prison sentences, along with enforcement of pecuniary sanctions and asset recovery.

Conceptualising Disappearances in International Law

2021 ◽  
pp. 37-62
Author(s):  
Barbara A. Frey
Keyword(s):  
Human Rights ◽  
International Law ◽  
Latin American ◽  
Criminal Law ◽  
Legal Framework ◽  
Humanitarian Law ◽  
International Human Rights ◽  
Transitional Democracies ◽  
Legal Accountability ◽  
International Human

Enforced disappearance is one of the most serious crimes, prohibited across several regimes of international law, including human rights, humanitarian law and criminal law, yet Latin American governments and officials frequently avoid legal accountability for these violations. The dynamics of disappearances in post-transitional democracies call for a reconceptualisation of the international human rights framework, by reconsidering the meaning of state acquiescence. This chapter argues that a relevant and effective framework must embrace a contextual analysis and foreground the positive obligations of states to search and investigate these crimes, using generally accepted principles found in due diligence jurisprudence to measure the legal adequacy of the state’s responses to reported disappearances. Stretching the legal framework is necessary to disrupt the benefits of impunity, which violate the rights of victims, allow disappearances to thrive, and harm societies by hiding the truth.

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