scholarly journals The Home State Duty to Regulate the Human Rights Impacts of TNCs Abroad: A Rebuttal

2018 ◽  
Vol 3 (1) ◽  
pp. 47-73 ◽  
Author(s):  
Claire METHVEN O’BRIEN
Keyword(s):  
Human Rights ◽  
International Law ◽  
General Structure ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Rights Abuses ◽  
Home State ◽  
Legal Duty ◽  
Extraterritorial Jurisdiction ◽  
Made In

AbstractScholars have suggested that ‘home’ states of transnational corporations (TNCs) have a legal duty to protect against human rights abuses occurring in ‘host’ states that may be breached by failure to regulate TNCs’ extraterritorial activities. This article challenges the claim that such a duty of home states to regulate TNCs’ extraterritorial human rights impacts can be said currently to exist as a matter of law. The article first summarizes the general structure of arguments made in favour of such a ‘home state duty to regulate’. It then considers the foundations and meanings of extraterritorial jurisdiction in public international law and international human rights law; requirements and conditions of attribution and state responsibility for the conduct of non-state actors; and the scope and limits of ‘positive obligations’ to ensure the effective enjoyment of human rights, domestically and extraterritorially, as they relate to prevention of human rights abuses by TNCs.

The Idea of International Human Rights Law

2019 ◽  
Author(s):  
Steven Wheatley
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Moral Concept ◽  
Customary International Law ◽  
Human Rights Treaties ◽  
International Human ◽  
Fragmentation Of International Law

International Human Rights Law has emerged as an academic subject in its own right, separate from, but still related to, International Law. This book explains the distinctive nature of the new discipline by examining the influence of the moral concept of human rights on general international law. Rather than make use of moral philosophy or political theory, the work explains the term ‘human rights’ by examining its usage in international law practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice in the United Nations, the core human rights treaties, and customary international law, The Idea of International Human Rights Law shows how a moral concept of human rights emerged, and then influenced the international law doctrine and practice on human rights, a fact that explains the fragmentation of international law and the special nature of International Human Rights Law.

In Lieu of a Conclusion

2018 ◽  
Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah
Keyword(s):  
Human Rights ◽  
International Law ◽  
Global Economy ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Current State ◽  
Neoliberal Capitalism ◽  
Transformative Potential ◽  
International Economic Law ◽  
Human Rights Norms

This chapter recaps the main themes of the volume, ie that the international law of the global economy is in a state of disorder. Claims about the justice, fairness, or benefits of the current state of international law as it relates to the global economy are fanciful. A more credible picture emerges when one considers who is protected, against what, and those relations that are valued and those that are not. Moreover, these claims above all require a suspension of a reflective attitude about what international law actually says and does. When it comes to international economic law, power is masked behind a veil of neutrality when it certainly is not neutral in the interests it protects and offends. As for international human rights law, it overlooks the ways in which it props up extreme capitalism foreclosing the possibility of transformative structural change to neoliberal capitalism. In its most radical areas, human rights norms have been blocked from making demands on the design of the global economy precisely because of their transformative potential. Among the central critiques of international law presented in this book is that international law must be justifiable to those who are subject to it.

International Human Rights Law and Blockade

2018 ◽  
Author(s):  
Phillip Drew
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
Power And Control ◽  
International Human ◽  
Extraterritorial Jurisdiction ◽  
And Control

The years since the beginning of the twenty-first century have seen a significant incursion of international human rights law into the domain that had previously been the within the exclusive purview of international humanitarian law. The expansion of extraterritorial jurisdiction, particularly by the European Court of Human Rights, means that for many states, the exercise of physical power and control over an individual outside their territory may engage the jurisdiction of human rights obligations. Understanding the expansive tendencies of certain human rights tribunals, and the apparent disdain they have for any ambiguity respecting human rights, it is offered that the uncertain nature of the law surrounding humanitarian relief during blockades could leave blockading forces vulnerable to legal challenge under human rights legislation, particularly in cases in which starvation occurs as a result of a blockade.

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.

scholarly journals SECURING HUMAN RIGHTS IN THE FACE OF INTERNATIONAL INTEGRATION

2011 ◽  
Vol 60 (1) ◽  
pp. 125-165 ◽  
Author(s):  
Israel de Jesús Butler
Keyword(s):  
Human Rights ◽  
International Law ◽  
Regional Level ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Governmental Organizations ◽  
The Face ◽  
International Obligations ◽  
Increasing Risk

AbstractThe continuous transfer of authority from the national sphere to inter-governmental organizations gives rise to an increasing risk that States may be mandated by their obligations under these organizations to take measures that are inconsistent with their obligations under International Human Rights Law. Drawing on the approaches of various international, regional and national jurisdictions, this article explores two possible models for restructuring International Law that could ensure that human rights obligations remain effective. The ‘international constitutional’ approach would ensure that human rights are enshrined within the ‘constitutional’ instruments of IGOs, preventing incompatible rules from emerging. The ‘parochial’ approach would ensure that human rights as protected at the national or regional level would take precedence over conflicting international obligations.

Judgment of the Supreme Court of Canada of February 28, 2020, on Nevsun v. Araya: a “quiet revolution” in the assessment of the status of corporations under public international law?

2021 ◽  
Vol 11 (2) ◽  
pp. 25-39
Author(s):  
Vera Rusinova ◽  
Olga Ganina
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
International Law ◽  
Supreme Court Of Canada ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Public International Law ◽  
The Supreme Court ◽  
International Human

The article analyses the Judgment of the Supreme Court of Canada on the Nevsun v. Araya case, which deals with the severe violations of human rights, including slavery and forced labor with respect of the workers of Eritrean mines owned by a Canadian company “Nevsun”. By a 5 to 4 majority, the court concluded that litigants can seek compensation for the violations of international customs committed by a company. This decision is underpinned by the tenets that international customs form a part of Canadian common law, companies can bear responsibility for violations of International Human Rights Law, and under ubi jus ibi remedium principle plaintiffs have a right to receive compensation under national law. Being a commentary to this judgment the article focuses its analysis on an issue that is of a key character for Public International Law, namely on the tenet that international customs impose obligations to respect human rights on companies and they can be called for responsibility for these violations. This conclusion is revolutionary in the part in which it shifts the perception of the companies’ legal status under International Law. The court’s approach is critically assessed against its well-groundness and correspondence to the current stage of International law. In particular, the authors discuss, whether the legal stance on the Supreme Court of Canada, under which companies can bear responsibility for violations of International Human Rights Law is a justified necessity or a head start.

Human rights obligations of non-state actors in conflict situations

2006 ◽  
Vol 88 (863) ◽  
pp. 491-523 ◽  
Author(s):  
Andrew Clapham
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Abuses ◽  
Conflict Situations ◽  
Private Military Companies ◽  
International Obligations ◽  
State Actors ◽  
Human Rights Norms

AbstractThe threat to human rights posed by non-state actors is of increasing concern. The author addresses the international obligations of belligerents, national liberation movements and insurgent entities, looks at the growing demands that such armed groups respect human rights norms and considers some of the options for holding private military companies accountable with regard to human rights abuses. The argument developed throughout this article is that all sorts of non-state actors are increasingly expected to comply with principles of international human rights law.

scholarly journals Rescuing Asylum-Seeker Stranded at Sea: Malaysia’s Duty under International Law

2018 ◽  
Vol 7 (3.30) ◽  
pp. 182
Author(s):  
Syafiq Sulaiman ◽  
Salawati Mat Basir ◽  
Mohd Zamre Mohd Zahir
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Law Of The Sea ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
International Human ◽  
The Right

The protection of the right to life and the duty to rescue persons in distress at sea are the fundamental obligations under two specialized international law regimes which are the international human rights law and the law of the sea. These rules when read together form a strong protection of the human rights of the asylum-seekers stranded at sea. However, often states failed to honour this obligation for various reasons ranging from national security to economic reasons. This article will analyse Malaysia’s responsibilities as regards the right to life and the duty to rescue of these asylum-seekers. It will also identify the existing international and domestic legal framework relevant to the application of these obligations upon Malaysia and whether it has acted in breach of such obligations. The article then proceeded with suggestions for further improvement that Malaysia can adopt in order to better perform its obligations. This study is a pure doctrinal legal research which is qualitative in nature. The data used in this research is collected from library-based resources. These data were then analyzed by using methods of content analysis as well as critical analysis. The article found that Malaysia has a duty to protect the right to life under international human rights law. Additionally, Malaysia is also bound under the law of the sea to perform its duty to rescue. In view of Malaysia’s failure to perform these duties in two occasions in the past consequently had resulted in a violation of international law. Therefore, it is suggested that Malaysia should initiate a revision of its national laws and policies regarding treatment of asylum-seekers stranded at sea to be in line with Malaysia’s duty under international law. Besides, the Malaysian Maritime Enforcement Agency is call upon to comply with the international standards of treatment of persons in distress at sea which includes the asylum-seekers.  

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