The Organisation of African Unity and the Promotion of Human Rights

1991 ◽  
Vol 29 (4) ◽  
pp. 535-555 ◽  
Author(s):  
Claude E. Welch
Keyword(s):  
Human Rights ◽  
International Law ◽  
Basic Principle ◽  
African Unity ◽  
Member States ◽  
African Commission

The establishment and functioning of the African Commission on Human and Peoples' Rights challenges a basic principle of positivist international law on which the Organisation of African Unity (O.A.U.) has long based its policies: the sovereign domestic control of member-states.

scholarly journals The Emergence of a More Conventional Reading of the Conventionality Control Doctrine

2019 ◽  
Vol 49 ◽  
pp. 275-302
Author(s):  
Álvaro Paúl
Keyword(s):  
Human Rights ◽  
International Law ◽  
Judicial Review ◽  
Member States ◽  
General Terms ◽  
Domestic Legislation ◽  
Do So

The Inter-American Court of Human Rights developed a doctrine called conventionality control. In general terms, this doctrine is somewhat similar to the idea of judicial review of legislation, but applied in a transnational forum. According to the Court, conventionality control would require domestic judges and other bodies of States parties to the American Convention on Human Rights (ACHR) to depart from domestic legislation that runs counter to the ACHR or the Inter-American Court’s interpretation of the ACHR. Many scholars contend that the application of this doctrine should be carried out even if the domestic bodies that apply it have no constitutional power to do so. Others have a more restrictive interpretation and consider that domestic bodies would have to apply it to the extent of their power, according to their national constitutions. Apparently, the latter interpretation is gaining a wider support, which is desirable, because only this reading would be compatible with the principles of international law, and possibly accepted by all member States.

Humanitarian Intervention: Which Way Forward?

2000 ◽  
Vol 14 ◽  
pp. 23-38 ◽  
Author(s):  
Richard Caplan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Humanitarian Intervention ◽  
International Order ◽  
International Community ◽  
National Sovereignty ◽  
Member States ◽  
Political Consensus ◽  
Kosovo War

States have long taken exception to the notion of humanitarian intervention because it threatens to undermine a bedrock principle of international order: national sovereignty. In the case of Kosovo, however, NATO's nineteen member states chose not only to put aside their concerns for national sovereignty in favor of humanitarian considerations, but also to act without UN authorization. This essay examines the ways in which states – European states in particular – are rethinking historic prohibitions against humanitarian intervention in the wake of the Kosovo war. It focuses on two approaches:Efforts to reinterpret international law so as to demonstrate the legitimacy of humanitarian intervention andEfforts to build a political consensus regarding when and how states may use force for humanitarian endsWhile efforts to weaken prohibitions may succeed, thereby facilitating future interventions, resolution of the tension between legitimacy and effectiveness in defense of human rights will continue to elude the international community unless a political consensus can be achieved.

scholarly journals Apportioning Responsibility between the UN and Member States in UN Peace-Support Operations: An Inquiry into the Application of the ‘Effective Control’ Standard after Behrami

2012 ◽  
Vol 45 (1) ◽  
pp. 151-178 ◽  
Author(s):  
Cedric Ryngaert
Keyword(s):  
Human Rights ◽  
International Law ◽  
Effective Control ◽  
Member States ◽  
Customary International Law ◽  
European Court ◽  
Current Article ◽  
And Control ◽  
Court Of Appeal ◽  
Dutch Court

There is a tendency among the judiciary to apply the standard of ‘effective control’ as the applicable yardstick for apportioning responsibility for wrongful acts between the United Nations and the member states contributing troops to UN peace-support operations. This is evidenced by recent decisions in the cases of Srebrenica (Dutch Court of Appeal, 2011), Al Jedda (European Court of Human Rights, 2011) and Mukeshimana (Belgian First Instance Court, 2010), which appear to repudiate the ‘ultimate authority and control’ standard espoused by the European Court of Human Rights in Behrami (2007). This process may have been set in motion by (the current) Article 7 of the ILC's Draft Articles on the Responsibility of International Organizations, which may in due course reflect customary international law. From a policy perspective, the application of an ‘effective control’ standard is highly desirable, as it locates responsibility with the actor who is in a position to prevent the violation.

scholarly journals THE UNITED NATIONS SECURITY COUNCIL RESOLUTION ON SANCTIONS TOWARDS INDIVIDUAL FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 3 (2) ◽  
pp. 202-218
Author(s):  
Jessica Priscilla Suri
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Islamic State ◽  
International Peace ◽  
Member States ◽  
Peace And Security ◽  
The United Nations

AbstractThe United Nations Security Council (SC) holds the primary responsibility to maintain international peace and security as stipulated in Article 24 of the United Nations Charter (UN Charter). The emergence of international terrorism as a threat to international peace and security encourages the SC to impose sanctions in the form of assets freeze, travel ban and arms embargo towards targeted individuals through the SC Resolutions on Taliban, Al-Qaida and the Islamic State of Iraq and the Levant (ISIL). However, the implementation of UN targeted sanctions towards individuals has been violating the targeted individual’s human rights to property, rights of movement, rights to privacy, honor and reputation, and also the rights to a fair trial. This article will explain about the legitimation of the SC Resolutions in imposing sanction towards an individual, and the obligation of UN member states towards the SC resolution that imposes sanctions against its citizen. The violations of human rights stemming from the implementation of SC Resolutions on sanction towards individuals indicate that the resolutions have been adopted beyond the limits of international law. Therefore this condition makes the resolutions lost its legitimacy under international law. In accordance with Article 25 and 103 of the UN Charter, all member states have an obligation to accept, carry on and give priority to the obligation originating from the SC Resolution including to implement the sanction measures towards individuals. Nevertheless, member states must accommodate and harmonize its obligations in respecting, protecting and fulfilling all the individuals’ rights who are targeted by the SC along with its obligation to the SC Resolutions. Keywords: Human Rights, Sanction towards Individuals, United Nations Security Council.AbstrakDewan Keamanan Perserikatan Bangsa-Bangsa (DK) memiliki tanggungjawab utama untuk menjaga perdamaian dan keamanan internasional berdasarkan Pasal 24 Piagam PBB. Munculnya terorisme internasional sebagai ancaman terhadap perdamaian dan keamanan internasional mendorong DK untuk menjatuhkan sanksi berupa pembekuan aset, pelarangan perjalanan serta embargo senjata kepada individu yang ditargetkan melalui rezim Resolusi Taliban, Al-Qaida dan Islamic State of Iraq and the Levant (ISIL). Dalam penerapannya penjatuhan sanksi tersebut menimbulkan pelanggaran Hak Asasi Manusia (HAM) yaitu hak terhadap properti, hak kebebasan berpindah, hak atas privasi, kehormatan dan reputasi serta hak atas proses pengadilan yang adil. Pelanggaran HAM tersebut memunculkan tujuan dilakukannya penulisan artikel ini yaitu untuk menunjukan mengenai legitimasi resolusi DK yang menjatuhkan sanksi kepada individu, serta memaparkan mengenai kewajiban negara anggota PBB terhadap resolusi DK yang menjatuhkan sanksi kepada warga negaranya. Pelanggaran HAM yang disebabkan oleh penerapan penjatuhan sanksi terhadap individu mengindikasikan bahwa resolusi yang mendasari penjatuhan sanksi tersebut diadopsi dengan melampaui batasan-batasan penjatuhan sanksi DK dan telah kehilangan legitimasinya menurut hukum internasional. Sehingga meskipun negara memiliki kewajiban berdasarkan Pasal 25 dan 103 Piagam PBB untuk tetap menerima, melaksanakan dan mengutamakan kewajibannya berdasarkan Resolusi DK yang menjatuhkan sanksi terhadap individu, negara tetap harus mengakomodir dan mengharmonisasikan kewajibannya dalam menghormati, melindungi dan memenuhi HAM individu yang dijatuhkan sanksi saat melaksanakan kewajibannya yang berasal dari Resolusi DK. Kata Kunci: Dewan Keamanan Perserikatan Bangsa-Bangsa, Hak Asasi Manusia, Sanksi terhadap Individu

scholarly journals SUSPENSION AND EXPULSION OF MEMBERS OF THE COUNCIL OF EUROPE: DIFFICULT DECISIONS IN TROUBLED TIMES

2019 ◽  
Vol 68 (2) ◽  
pp. 443-476
Author(s):  
Kanstantsin Dzehtsiarou ◽  
Donal K Coffey
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
Financial Stability ◽  
Council Of Europe ◽  
Member States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Current State ◽  
State Of Affairs

AbstractThe effectiveness and legitimacy of the Council of Europe can be undermined by the actions of Member States which fail to comply with their international law obligations of genuine cooperation with the organization. This article first briefly examines the practice of international organizations in applying sanctions such as expulsion and suspension to their members. It then explains why it is necessary to discuss potential sanctions that the Council can apply in the context of current controversies involving the Council and Member States. It will be argued that the scale and intensity of challenges distinguish the current state of affairs from other ‘problematic’ periods in the Council's history. It proceeds to outline the considerations that should be taken into account in deciding whether a Member State should be suspended or expelled. These considerations include the implications of sanctions on the legitimacy of the Council of Europe, the level of human rights protection and the financial stability of the organization.

Article 53 CFR

2019 ◽  
Author(s):  
Tobias Lock
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Agreements ◽  
European Convention ◽  
Member States ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised, in their respective fields of application, by Union law and international law and by international agreements to which the Union or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and by the Member States’ constitutions.

Human Rights Obligations of European Financial Assistance Mechanisms

2020 ◽  
pp. 24-48
Author(s):  
Anastasia Poulou
Keyword(s):  
Human Rights ◽  
Financial Crisis ◽  
Financial Markets ◽  
International Law ◽  
Financial Institutions ◽  
Financial Assistance ◽  
International Human Rights ◽  
Member States ◽  
Eu Member States ◽  
International Human

Having been affected by the European financial crisis that erupted in 2008, several EU Member States required financial assistance beyond that available in the financial markets. New financial assistance mechanisms, such as the EFSF and ESM, were created under international law and all financial assistance packages included the participation of the IMF. Despite their differences, these financial assistance schemes all combined supranational and international legal instruments and institutions. The hybrid nature of this European financial assistance raises the question of whether the actors involved in the award of the assistance are bound by EU and international human rights. Against this background, this chapter assesses financial assistance conditionality as applied by the different financial institutions from an EU and international human rights perspective, aiming to respond to the question whether European and international actors are bound by human rights when preparing financial assistance conditions.

State Compliance with the Recommendations of the African Commission on Human and Peoples’ Rights, 1994-2004

2007 ◽  
Vol 101 (1) ◽  
pp. 1-34 ◽  
Author(s):  
Frans Viljoen ◽  
Lirette Louw
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
State Compliance ◽  
State Obligations ◽  
Legal Position ◽  
International Human ◽  
The Impact ◽  
African Commission

Current discourse on international human rights leaves little room for self-satisfaction about near-universal acceptance of wide-ranging normative frameworks with a global and regional scope. Recent times have witnessed growing academic concern with the “impact” or “effect” of international human rights treaties on the de jure and de facto legal position in state parties. These concerns are embedded in bigger and more enduring questions about the nature of state obligations under international law (including those derived from “nonbinding norms”) and compliance with them. However, general questions about obedience to international law have been replaced by attempts to answer the question whether human rights treaties in fact “make a difference.”

II. Fourteen Against One: The Eu Member States' Response To Freedom Party Participation In The Austrian Government

2000 ◽  
Vol 49 (4) ◽  
pp. 953-963 ◽  
Author(s):  
Matthew Happold
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
Democratic Governance ◽  
Diplomatic Relations ◽  
Member States ◽  
Eu Member States ◽  
The Status ◽  
The Right ◽  
The Eu

The participation of the Freedom Party in the Austrian government has given rise to exceptional reactions both in Austria and internationally. The imposition of a freeze in bilateral diplomatic relations by Austria's European Union partners has been particularly notable, amounting to an unprecedented response to the election of a new government in another Member State. This note seeks to describe the development of events and assess the status of the 14 Member States' actions under international law, in particular in the light of any developing norms concerning non-intervention, respect for human rights and the right to democratic governance.

Diverse Perspectives on the Impact of Colonialism in International Law: The Case of the Chagos Archipelago

2019 ◽  
Vol 113 ◽  
pp. 68-71
Author(s):  
Namira Negm
Keyword(s):  
International Law ◽  
African Union ◽  
African Unity ◽  
Member States ◽  
Founding Fathers ◽  
The Impact ◽  
Chagos Archipelago

FREEDOM … AFRICA FREE OF DECOLONIZATION … that was the dream of our founding fathers from Nyerere, Nasser, Nkrumah, Haile Selassie, to Lumumba, and many others. The call for freedom laid the basis for the African unity, so it came as no surprise that we, at the African Union, had the support of an entire continent, with its fifty-five member states, to defend the Mauritian Cause to free Chagos.

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