THE LIMITATIONS OF A HUMAN RIGHTS APPROACH TO CORRUPTION

2016 ◽  
Vol 65 (2) ◽  
pp. 405-438 ◽  
Author(s):  
Cecily Rose
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Public And Private ◽  
Economic Rights ◽  
Strong Basis ◽  
Conceptual Clarity ◽  
International Human

AbstractInternational human rights law may serve as a language through which lawyers and others describe the harms resulting from corruption, but this approach has significant limitations as a legal framework. Despite a growing emphasis among scholars and practitioners on a human rights approach to the problem of corruption, this body of law does not provide a strong basis for addressing such conduct. International human rights treaties make no mention of corruption, and human rights treaty bodies have not brought conceptual clarity to the question of how corruption violates or undermines human rights. Given that human rights law binds States alone, it is also ill-suited to a phenomenon that typically occurs at the intersection of the public and private sectors. Even as a language for describing how corruption harms social and economic rights, human rights law has its limitations, some of which come into relief when compared with the field of development economics.

scholarly journals Freedom of Expression in Malaysia: Compatibility with the International Human Rights Standard

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 44
Author(s):  
Saidah Fasihah Binti Che Yussoff ◽  
Rohaida Nordin
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
International Standards ◽  
Freedom Of Information ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human

<p>Malaysia is likely to introduce new laws on freedom of information. However, the important questions are whether the said laws are effective and will have enough bite with the public looking forward to opening government policy. Freedom of information has developed under international human rights law as the right to freedom of expression, including the freedom to seek, receive and impart knowledge and ideas through media, regardless of any frontier. This paper aims to examine freedom of expression under the international realm, scrutinize the said freedom in the Malaysian legal framework, and discuss the proposed enactment of freedom of information laws in Malaysia in conformity with international human rights law. This research uses the qualitative research method. This paper concludes that freedom of information in Malaysia is severely impeded by the enforcement of the Official Secret Act. This paper calls for the repeal or amendment to the Act in conformity with international standards.  </p><p><strong>Keywords</strong><strong>:</strong> Expression; Freedom; Expression; Human Right.</p>

8. Human rights in the postwar period

2021 ◽  
pp. 169-191
Author(s):  
Nicole Scicluna
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Legal Principles ◽  
Law And Politics ◽  
Late Twentieth ◽  
International Human ◽  
Late Twentieth Century

This chapter focuses on human rights, a perfect topic through which to study the interaction between law and politics in international relations. The topic of human rights offers a microcosm of the clashes and contradictions between realism and idealism, legal principles and political expediencies, state and non-state actors, and collective and individual rights, which characterize international order. The chapter defines human rights and outlines their international legal framework. The chapter then traces the postwar evolution of international human rights law (IHRL). It explains how, by the late twentieth century, the concept of human rights had captured the global imagination. It also explores the international political context in which the rise of human rights took place, including decolonization and the explosion in rights-based civil society activism in the 1970s. Finally, the chapter analyses the efficacy of IHRL in a world of sovereign states, before assessing the cultural relativist critique of human rights, which challenges their claim to universality, often from the perspective of postcolonial societies.

scholarly journals Assessing U.S. Targeted Killings Under An International Human Rights Law Framework

2018 ◽  
Vol 1 (1) ◽  
pp. 19
Author(s):  
Michael Ramsden
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Decision Makers ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Domestic Legislation ◽  
The Us ◽  
International Human ◽  
Post Hoc

The US practice of targeted killings provokes difficult questions concerning the appropriate legal framework and the standards that govern such strikes. This article will argue that, in certain cases, it is necessary to examine the legality of targeted killings under international human rights law (IHRL). An explicit IHRL justification for targeted killings is important and, at present, often ignored by the US. IHRL requires any use of lethal force to be proportionate to the legitimate aim of safeguarding life and a necessary measure with no other reasonable means available to address the threat. It is possible, following a survey of human rights decision-makers, that targeted killings in exceptional circumstances are justifiable under IHRL. It is also incumbent on the US to pass domestic legislation that provides a legal basis for strikes disconnected to September 11, and also the provision of administrative and judicial review in order to provide a post-hoc check on targeted killing decisions.

scholarly journals International Human rights law in an armed conflict: Legal perspectives on obligations of States and Extraterritoriality

2018 ◽  
Vol 6 (1) ◽  
pp. 44-58
Author(s):  
Sardar M. A. Waqar Khan Arif
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law

Human rights are available to everyone on the basis of humanity. Universality, non-discrimination, equality and inalienability are core principles governing International Human rights Law (IHRL). The law governing armed conflict or war is known as International humanitarian Law (IHL). In the case of armed conflict, IHRL poses certain obligations on states along with humanitarian obligations. In this context, this article identifies the international human rights obligations of States in armed conflict. It argues that States must respect, promote, protect and fulfill human rights obligations of individuals, in the case of armed conflict, with increasing and serious concern, by analyzing the applicable legal framework under IHRL. It also addresses the extraterritorial application of IHRL and its limitations and derogations in armed conflict. Further, it discusses contemporary challenges for States in jurisdictional applicability and implementation of IHRL. To that extent, the argument developed throughout this article is that States have obligations under IHRL, irrespective of humanitarian obligations, not only in peace situations but also in the case of war or armed conflict.

EU security and counter-terrorism policies and human rights

2020 ◽  
pp. 457-477
Author(s):  
Mikaela Heikkilä ◽  
Elina Pirjatanniemi
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Terrorist Attacks ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
Judicial Cooperation ◽  
International Human Rights ◽  
Counter Terrorism ◽  
International Human

Numerous terrorist attacks both within and outside the European Union (EU or the Union) have prompted the Union to increasingly act in the field of counter-terrorism. Since the adoption of the Union’s counter-terrorism strategy in 2005, the Union’s action in relation to counter-terrorism has been based on four connected pillars: to prevent, to protect, to pursue, and to respond. A general trend in the Union’s counter-terrorism action has been a move towards a pre-emptive approach, where the focus lies on countering terrorism threats in advance. The aim of this chapter is to discuss whether the adoption of these pre-emptive measures strengthen the security landscape of the Union. The chapter thus takes a closer look at how the Union strives to detect persons planning or preparing terrorist offences, and to hinder actual attacks from taking place. In particular, attention is paid to the EU’s police and judicial cooperation, general surveillance, the criminalisation of preparatory terrorist offences, and cooperation with third states and international organisations. A central objective is also to assess how the various counter-terrorism measures concur with international human rights law, including the Union’s legal framework on data protection.

Human Rights and Refugees: Enhancing Protection through International Human Rights Law

2000 ◽  
Vol 69 (2) ◽  
pp. 117-177 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Refugee Protection ◽  
Rights Of The Child ◽  
Recent Developments ◽  
International Human

AbstractThis essay analyses how UN mechanisms of human rights protection – namely the UN Commission and Sub-Commission on Human Rights, the Committee Against Torture, the Committee on the Rights of the Child and the Human Rights Committee – can be used as a practical and analytical tool to enhance the protection of refugees and suggests that they can make a significant contribution to refugee protection. Although UN mechanisms may not provide a framework of protection as expansive and reliable as domestic systems, recent developments in international human rights law have contributed to an increasingly important legal framework that can be invoked in support of both specific cases and more broad-based advocacy on behalf of refugees. This article draws on specific examples to argue that UNHCR and refugee advocates can use these laws and mechanisms to enhance protection principles and give effect to forms of enforcement.

‘Human-Rightism’ and the Development of General International Law

2007 ◽  
Vol 20 (4) ◽  
pp. 753-765 ◽  
Author(s):  
ARNOLD N. PRONTO
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Lawyer ◽  
International Human

International human rights law norms and ‘human-rightist’ imperatives are increasingly ‘mainstreamed’ into general international law. The writer makes two modest assertions: that the success of this trend (i) makes it now possible to speak of general international law ‘sources’ of human rights obligations; and (ii) undermines claims of the ‘specialness’ of the human rights legal framework, which are a source of perplexity for the general international lawyer increasingly used to taking human rights law (as lex generalis) into account when interpreting and applying general international law.

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