scholarly journals SEVERING RESERVATIONS

2014 ◽  
Vol 63 (3) ◽  
pp. 599-634 ◽  
Author(s):  
Kasey L. McCall-Smith

AbstractHow to address invalid reservations has been an ongoing struggle for States, legal practitioners and academics. This article considers the evolution of severability and whether States intend the language of severance to serve as a signal of their view on legality to reserving States or simply use severability to bolster their own public reputation. Over the past decade, State practice toward invalid reservations to norm-creating treaties has shifted and both this shift and its impact on treaty law must be acknowledged. The arguments and assertions that follow rely heavily on contemporary practice relating to reservations made to the core UN human rights treaties which, admittedly, limits the application of the doctrine in many ways. Review of State practice, especially to human rights treaties, demonstrates that a broader number of States are slowly opting for severability when defining their treaty relations with States authoring invalid reservations. The doctrine of severability is gaining a slow but steady following by a growing number of States though there is tension about whether severing reservations is lex specialis, pertaining only to human rights treaties, or lex ferenda. This article examines the evolving practice and forecasts the role it will play in the future of treaty law.

2014 ◽  
Vol 7 (2) ◽  
pp. 136-151 ◽  
Author(s):  
Sung-Ae Lee

To displace a character in time is to depict a character who becomes acutely conscious of his or her status as other, as she or he strives to comprehend and interact with a culture whose mentality is both familiar and different in obvious and subtle ways. Two main types of time travel pose a philosophical distinction between visiting the past with knowledge of the future and trying to inhabit the future with past cultural knowledge, but in either case the unpredictable impact a time traveller may have on another society is always a prominent theme. At the core of Japanese time travel narratives is a contrast between self-interested and eudaimonic life styles as these are reflected by the time traveller's activities. Eudaimonia is a ‘flourishing life’, a life focused on what is valuable for human beings and the grounding of that value in altruistic concern for others. In a study of multimodal narratives belonging to two sets – adaptations of Tsutsui Yasutaka's young adult novella The Girl Who Leapt Through Time and Yamazaki Mari's manga series Thermae Romae – this article examines how time travel narratives in anime and live action film affirm that eudaimonic living is always a core value to be nurtured.


Author(s):  
Pasi Heikkurinen

This article investigates human–nature relations in the light of the recent call for degrowth, a radical reduction of matter–energy throughput in over-producing and over-consuming cultures. It outlines a culturally sensitive response to a (conceived) paradox where humans embedded in nature experience alienation and estrangement from it. The article finds that if nature has a core, then the experienced distance makes sense. To describe the core of nature, three temporal lenses are employed: the core of nature as ‘the past’, ‘the future’, and ‘the present’. It is proposed that while the degrowth movement should be inclusive of temporal perspectives, the lens of the present should be emphasised to balance out the prevailing romanticism and futurism in the theory and practice of degrowth.


Author(s):  
Gráinne de Búrca

This chapter reflects on the lessons to be derived from the advocacy campaigns in Pakistan, Argentina, and Ireland discussed in earlier chapters. Insights drawn from those campaigns are used to refine the experimentalist account of human rights advanced in Chapter 2, particularly as regards the importance of social movements and of building broad social support for human rights campaigns. The remainder of the chapter describes five major challenges of the current era—illiberalism, climate change, digitalization, pandemics, and inequality—and considers the difficulties they pose for the experimentalist account of human rights advocacy. It argues that the experimentalist practice of human rights advocacy is reasonably resilient and adaptive, and that internal contestation from within the human rights movement as well as external critiques have already helped to catalyze reform and to push activists and advocates to think more innovatively about the changes needed to strengthen the ability of the movement to engage with these major challenges in the future. It concludes that in a turbulent era, rather than abandon human rights, we should redouble our efforts to bolster, renew, and reinvigorate a movement that has galvanized constituencies and communities around the globe to mobilize for a better world.


Author(s):  
Steven Wheatley

Chapter 4 examines the core United Nations human rights treaties. It shows how we can think of these as complex systems, the result of the interactions of the states parties and the treaty bodies. The work first explains the regime on opposability and denunciation, which establishes the binding nature of the conventions, before considering the law on reservations, noting how this differs from the scheme under general international law. The chapter then turns to the interpretation of convention rights, detailing the distinctive pro homine (‘in favour of the individual’) approach applied to human rights treaties. The law on interpretation also requires that we examine the subsequent practice of states parties, as well as the pronouncements of the treaty bodies. The doctrine of evolutionary interpretation explains how the ‘ordinary meaning’ of treaty terms can evolve with developments in technical and scientific knowledge, changes in societal understandings, and wider modifications in regulatory approaches outside of the human rights treaty system.


Author(s):  
Andreas Th Müller

One of the asymmetries faced by military missions in areas of limited statehood are diverging legal obligations of state and non-state actors, in particular in relation to human rights duties. From a perspective of states bound by human rights treaties, there is a certain danger that armed groups opposing them might abuse the obligations incumbent upon state actors. Against this perception, the potential application of human rights law to armed groups is not only relevant as a tool for protecting civilians but also from a reciprocity perspective in view of the fluidity of armed conflicts and with a view to convergence of standards. The chapter assesses how international law and international legal practice in relation to armed groups have evolved over the past decade. It takes stock of recent developments and analyses the degree to which human rights obligations apply to armed groups.


Matatu ◽  
2018 ◽  
Vol 50 (1) ◽  
pp. 60-80
Author(s):  
Marie Kruger

AbstractConstitution Hill, a unique and hybrid memorial site in the centre of Johannesburg, commemorates the violence of apartheid in the city’s infamous prison complex. Based on a series of workshops with former inmates and prison staff, the permanent exhibitions emphasize the importance of personal objects and testimonials for understanding the human rights violations of the past and their significance for the present and the future. In response to Yvonne Owuor’s appeal to remember the vulnerability of those human bodies who no one “[has] bothered to mention, to mourn”, my article attempts to map a new path towards responsible forms of spectatorship as we walk through the former Women’s Jail and listen to the witness accounts of Deborah Matshoba and Nolundi Ntamo.


2020 ◽  
Vol 8 (2) ◽  
pp. 111-133
Author(s):  
Donald Kerwin

Executive Summary This research was conducted at the request of the International Catholic Migration Commission (ICMC) as part of a two-year special initiative entitled “The Future of Work, Labour After Laudato Sì.” 1 This article explores the future of work, international migration, and the intersection of the two at a time of rapid change, uncertainty, and disruption for migrants, laborers, and their families and communities. It draws on human rights principles, international law, and religious values, particularly from the Catholic tradition, to chart an ethical approach to the governance of these timeless phenomena. What does the future hold? Under one dystopian scenario, the future of work will be characterized by massive job loss due to automation, robotics, and artificial intelligence. Politicians and business leaders will characterize the resulting human displacement as an unavoidable “disruption” and byproduct of change. Euphemisms, however, will poorly mask the loss of livelihood, self-esteem, and a central marker of identity for countless persons, particularly the poor and vulnerable. Technological advances will decimate families, communities, and entire ways of life. For many, stable work will become a thing of the past, and technology an instrument of marginalization and discrimination. Algorithms will be used to “perpetuate gender bias” ( ILO 2019a , 35), pit workers against each other, and squeeze the maximum productivity from them for the minimum compensation. The “inappropriate use” and “weak governance” of algorithms will lead to “biases, errors and malicious acts” ( Albinson, Krishna, and Chu 2018 ). Large swaths of the world’s citizens will become (at best) the unhappy dependents of states and global elites. The future of migration seems equally daunting. Current trends suggest that the number of international migrants will continue to rise due to job displacement, violence, natural disaster, and states that cannot or will not meet their fundamental responsibilities. If the past is prologue, unscrupulous politicians and media sources will also continue to blame migrants for the economic and cultural displacement of their constituents, xenophobia will increase, and migrants will encounter hostility in host communities. Natives will criticize their governments and institutions for failing to protect their interests and needs, and migrant laborers will be caught in the middle. This article does not minimize the urgency of the challenges presented by migration and work. It documents the unacceptable living, working, and migration conditions of immense numbers of the world’s citizens. It offers, however, a more optimistic vision of the future than the dystopian view, a vision characterized by international cooperation and solidarity. It recognizes the potential of technology “to render labour superfluous, ultimately alienating workers and stunting their development,” but also its potential to “free workers from arduous labour; from dirt, drudgery, danger and deprivation” and “to reduce work-related stress and potential injuries” ( ILO 2019 , 43). It recognizes the way in which fear of displacement can lead to exclusionary nationalism and xenophobia, but also the possibility of unity based on the shared values embedded in the cultures of diverse persons. It recognizes the costs of migration, but also its immense contributions to host communities. The article argues for person-centered systems and policies that promote the freedom, rights, and dignity of workers, migrants, and migrant workers, and that strengthen migrant host communities. It begins by examining the challenges facing low-income and vulnerable migrants who struggle for decent work, are the most likely to lose their jobs, and are “the least equipped to seize new job opportunities” ( ILO 2019 , 18). 2 It then presents an ethical, person-centered vision of migration and work, rooted in human rights principles, international law, and Catholic social teaching. The article also draws on principles articulated in the Global Compact on Safe, Orderly and Regular Migration (GCM); the Global Compact on Refugees (GCR); and the Holy See’s Twenty Action Points for the Global Compacts. It ends with a series of recommendations that seek to bring this vision to fruition.


2017 ◽  
Vol 10 (3) ◽  
pp. 38
Author(s):  
Bahman Akbari

In the present era, providing human rights represents the governance quality of a government and human rights treaties are criteria for its assessment. Also the UN human rights conventions, because of their international nature in the past seven decades, have been the main representative to reflect man's fundamental demands. Now the main question is that to what extent these conventions are remarkable and effective in order to explain and guarantee human rights in the international arena? The author believes that the conventions are the most important international mechanisms to identify human rights which compared to the past history of mankind have offered the most comprehensive international regulations in order to reflect the fundamental human rights. But then, two main factors undermined the effectiveness of the conventions. The first factor is intratextual drawbacks of the conventions which are divided into three drawbacks: reservation, withdrawal and arbitrary essence of accepting the committees’ competence. The second and more important factor is the reasons out of the conventions which are divided into two categories: the doctrine of privity of contract and disobedience by some governments under the ideological or moral reasons. The first factor can be addressed by the secondary amendments. However, the big challenge is the second factor which mechanism to settle it are to inform the international community about the importance of the UN human rights conventions, creating intersubjective understanding and eventually accepting the supremacy of international human rights over internal law.


2021 ◽  
pp. 341-346
Author(s):  
William A. Schabas

Custom poses challenges for its identification but at the same time it offers a potential for dynamism that may often be superior to that of treaty law. Recent developments, most importantly the near-universal ratification of major human rights treaties and the Universal Periodic Review mechanism of the Human Rights Council, greatly facilitate the identification of customary law. It is clear that most of the rights in the Universal Declaration of Human Rights are unquestionably part of customary international law. Doubts may persist about a few rights, such as the right to property. Customary law also extends to ‘solidarity rights’ or ‘peoples’ rights’, whose reflection in treaty law is not so universal. Recognition of rights does not ensure that there are effective mechanisms for their enforcement and implementation.


2019 ◽  
Vol 114 (1) ◽  
pp. 1-50 ◽  
Author(s):  
Cosette D. Creamer ◽  
Beth A. Simmons

AbstractRecent research has shown that state reporting to human rights monitoring bodies is associated with improvements in rights practices, calling into question earlier claims that self-reporting is inconsequential. Yet little work has been done to explore the theoretical mechanisms that plausibly account for this association. This Article systematically documents—across treaties, countries, and years—four mechanisms through which reporting can contribute to human rights improvements: elite socialization, learning and capacity building, domestic mobilization, and law development. These mechanisms have implications for the future of human rights treaty monitoring.


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