INCOHERENT AND INEFFECTIVE: THE CONCEPT OF PERSISTENT OBJECTOR REVISITED

2010 ◽  
Vol 59 (3) ◽  
pp. 779-802 ◽  
Author(s):  
Patrick Dumberry
Keyword(s):  
Human Rights ◽  
International Law ◽  
Early Stage ◽  
International Investment ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Customary International Law ◽  
International Investment Law ◽  
Investment Law

A rule of customary international law is binding upon all States. One controversial question is whether a State should be permitted not to be bound by such a rule in the event that it objected to it in the early stage of its formation and did so constantly thereafter. This is the theory of the ‘persistent objector’. Articles recently published about the theory focus on its specific application in different areas of international law, including international investment law,1 international humanitarian law2 and human rights law.3 The present article intends to examine the concept of persistent objector in general international law.4

Social movements, reframing investment relations, and enhancing the application of human rights norms in international investment law

2020 ◽  
pp. 1-28
Author(s):  
Moshe Hirsch
Keyword(s):  
Human Rights ◽  
Social Movements ◽  
International Investment ◽  
Human Rights Law ◽  
International Investment Law ◽  
Investment Arbitration ◽  
Public Pressure ◽  
Local Actors ◽  
Investment Law

Abstract The recent moderate trend to increasingly apply human rights law in investment awards is accompanied by certain new investment treaties which include expressed human rights provisions. An analysis of recent investment awards indicates that though there are some ‘winds of change’ in this field, it is equally noticeable that human rights law is far from being mainstreamed in international investment law. Investment arbitration procedural law is also undergoing a process of change, and the new procedural rules tend to enhance public elements in the investment arbitral system. This study is aimed at explaining these recent legal changes, highlighting the role of social movements in reframing investment relations as well as increasing public pressure to apply human rights law. These framing changes concern broadening the frame of investment arbitration (beyond the foreign investor–host state dyad), reversing the perceived balance of power between investors and host states, and zooming-in on local individuals and communities residing in host states. The discussion on factors impeding legal change in this field emphasizes the role of the private legal culture prevalent in the investment arbitration system, which is reflected and reinforced by certain resilient socio-legal frames. Informed by this analysis, the study suggests some legal mechanisms which can mitigate the inter-partes frame, and increase the application of human rights law in investment arbitration; inter alia, rigorous transparency rules that are likely to facilitate increased public pressure on tribunals and increase the participation of social movements representing local actors in arbitral processes.

scholarly journals Humanity and Human Rights: The Contours of International Law

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Eyassu Gayim
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
Human Rights Law ◽  
International Human Rights ◽  
Law Of Nations ◽  
International Human

Laws regulate conducts by responding to social and political requirements. This holds true for the law of nations as well. Contemporary international law follows two separate tracks when it comes to regulating human rights and humanitarian questions. If international human rights law and international humanitarian law are intended to protect the dignity and worth of human beings, as it is often said, why follow separate tracks? Does humanity really exist? If it does, how does it relate to human rights? If the two are distinct, where do they converge? This article highlights these questions by revisiting the contours of international law.

The Banality of Humanity (as an Absolute)

2019 ◽  
pp. 297-304
Author(s):  
Knut Traisbach
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Laws Of War ◽  
International Human Rights ◽  
International Human

This chapter is a comment on a reflection by Frédéric Mégret on the limits of the laws of war. It proposes a jurisprudence of limits that focuses less on absolute ideals but on the compromising and enabling space ‘in-between’ these absolutes. Relying on Hannah Arendt’s views on different conceptions of humanity, the comment critically engages with a thinking in terms of inherent opposing interests and oscillations between them. A conception of limits as reproducing inherent absolutes is disabling and passive. Instead, limits can be understood as facilitating a space that enables us to judge and to act, also through compromise. International humanitarian law and international human rights law, perhaps more than other areas of international law, depend on preserving and actively seeking this politically relevant space.

14. The law of armed conflict

2019 ◽  
pp. 279-302
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted—jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7. deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

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