Reckoning with the past

2006 ◽  
Vol 68 (2) ◽  
pp. 334-336
Author(s):  
Peter M. Siavelis
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Global Justice ◽  
Scholarly Research ◽  
The Past ◽  
Subsequent Trial ◽  
Head Of State ◽  
Per Se ◽  
Rare Opportunity

Augusto Pinochet's unexpected 1998 London arrest provided a rare opportunity for a trial of a former head of state outside his own country for crimes committed while in office. The drama and visibility of the arrest and subsequent trial also prompted a wave of scholarly research on the case and its consequences. Among a crowded field, Naomi Roht-Arriaza's book stands out for doing much more than simply recounting the Pinochet story or discussing its significance for international law. Her meticulously researched book goes beyond a simple focus on the Pinochet case per se, to artfully weave together the series of interactions that helped the case possibly transform transnational global justice. In the process, she provides insights for students of law, democratization, human rights, and international relations.

Non-state Actors, State-Centrism and Human Rights Obligations

2009 ◽  
Vol 22 (1) ◽  
pp. 191-209 ◽  
Author(s):  
ERIC DE BRABANDERE
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Private Sphere ◽  
Human Rights Law ◽  
Scholarly Research ◽  
The Public ◽  
Relevant Topic ◽  
State Actors

Despite its not being an entirely new debate in international law and international relations, the nexus between human rights and non-state actors has become a highly relevant topic of scholarly research, as witnessed by the three works under review, published in 2005 and 2006. When Andrew Clapham published in 1993 Human Rights in the Private Sphere, in which he already questioned the public/private divide of human rights law, the book was then categorized as both ‘adventuresome and timely’. Some fifteen years later, an analysis of this topic can no longer be called ‘adventuresome’, but the timeliness remains beyond doubt.

scholarly journals A CRITIQUE OF THE DEMISE OF HEADS OF STATE IMMUNITY IN THE AGE OF HUMAN RIGHTS

2018 ◽  
pp. 108-127
Author(s):  
SELMAN OZDAN
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Critical Role ◽  
State Immunity ◽  
Head Of State ◽  
Jus Cogens ◽  
Heads Of State ◽  
Peremptory Norms

This paper presents an unspoken aspect of Head of State immunity, namely that such immunity is at odds with the expectation that international law should be applied to challenge resistance to and promote respect for human rights. It considers the question of whether Head of State immunity gives rise to de facto impunity in the case of violations of human rights recognised as peremptory norms (jus cogens) committed by such Heads of State. While this paper emphasises the critical role of Head of State immunity in the context of international relations, it argues that Heads of State should not exempt from punishment when violations of those human rights are at stake.

scholarly journals Remarks by Maria Flores

2018 ◽  
Vol 112 ◽  
pp. 79-82
Author(s):  
Maria Flores
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Global Scale ◽  
International Court Of Justice ◽  
Public International Law ◽  
Court Of Justice ◽  
International Court ◽  
Small Department ◽  
The University

I first became involved with international law while I was at university. After graduating, I decided to teach public international law. As an undergraduate, I particularly enjoyed this branch of study. I was attracted to it because it helped me to understand the problems, challenges, and breakthroughs in the field of international relations on a global scale. Therefore, after facing a competitive entry process, I joined the international law department of the Universidad de la República. It was a small department, but the university had produced some well-known scholars like Eduardo Jiménez de Aréchaga, who became a judge at the International Court of Justice, and Hector Gross Espiell, who served as a judge at the Inter-American Court of Human Rights.

Diplomatic Affairs and International Law, 1913

1914 ◽  
Vol 8 (1) ◽  
pp. 25-49
Author(s):  
Alfred L. P. Dennis
Keyword(s):  
International Relations ◽  
International Law ◽  
International Cooperation ◽  
Economic Loss ◽  
Panama Canal ◽  
Military Operations ◽  
Political Leaders ◽  
The Past ◽  
True Value

War has marked the year 1913; and charges and countercharges as to alleged atrocities by belligerents have been rife. Treaties were drawn to be promptly torn up; and solemn declarations of intention and policy often proved futile. The existence of internal disorder and the outbreak of domestic revolutions in several countries have also exerted disturbing influences on international relations. The result was economic loss and diplomatic tension even well beyond the field of military operations. And these conditions have led to renewed activity in the struggle for concessions and investment in renascent communities. Racial and religious sentiments have also aroused bitter feeling; while political leaders in several countries compel renewed consideration of the weight of individuals in the determination of the world's affairs.In large part the problems of 1913 were historic; but in part they were affected by apparently impending changes which we cannot as yet define. Thus the influence of socialism and of various forms of radical thought on international relations is a factor. The adoption of oil as a naval fuel, the opening of the Panama Canal, the plans for administrative reorganization of Turkey, and its capitalistic development, the renewed debate as to the Monroe doctrine, and the problem of China are all matters whose future significance scarcely concern us here; but their influence in the past year has been unquestionably great. We cannot estimate as yet the true value of many recommendations touching various fields of international coöperation; and the value of delay in international action still remains in dispute. So on the whole the year 1913 has apparently been the year of the cynic.

An International Relations Perspective on the Reform Needs of the Human Rights Council

2021 ◽  
Vol 62 (1) ◽  
pp. 43-80
Author(s):  
Wolfgang S. Heinz
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Structure And Dynamics ◽  
Human Rights Council ◽  
Local Actors ◽  
Protection Of Human Rights ◽  
The Subject

Abstract: This article approaches the matter of institutional reform of the United Nations Human Rights Council from an international relations perspective. A well-known tension exists between State representatives acting for their governments in international organisations, but whose decisions are presented as UN policies. The latter should be guided primarily by the UN Charter and public international law. However, in reality, different worldviews and foreign policy considerations play a more significant role. In a comprehensive stock-take, the article looks at four major dimensions of the Council, starting with structure and dynamics and major trends, followed by its country and thematic activities, and the role of key actors. Council reform proposals from both States and civil society are explored. Whilst the intergovernmental body remains the most important authority responsible for the protection of human rights in the international sphere, it has also been the subject of considerable criticism. Although it has made considerable progress towards enlarging its coverage and taking on more challenging human rights crises, among some of its major weaknesses are the election of human rights-unfriendly countries into its ranks, the failure to apply stronger sanctions on large, politically influential countries in the South and North, and lack of influence on human rights crises and chronic human rights problems in certain countries. Whilst various reform proposals have emerged from States and NGOs, other more far reaching propositions are under sometimes difficult negotiations. In the mid- to long-term, the UN human rights machinery can only have a stronger and more lasting impact if support from national/local actors and coalitions in politics and society can be strengthened.

scholarly journals Globalna sprawiedliwość a problem imigracji

2017 ◽  
Vol 23 ◽  
pp. 41-54
Author(s):  
Łukasz Mirocha
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Immigration Policy ◽  
Global Justice ◽  
The Other ◽  
Legal Philosophy ◽  
Standard Theory ◽  
Economic Dimension ◽  
Minimal Standard ◽  
Justice Theories

Global justice and the problem of immigrationModern legal philosophy provides us with two main types of global justice theories. Distributive or egali­tarian theories claim that justice requires striving to achieve the global equality from us not only in legal but also economic dimension. On the other hand, there are many theories focusing on providing and keeping only „minimal standard” i.e. human rights and questioning the global equality as an ideal. In the article I investigate which type of theories describes contemporary international relations in the most accurate way claiming that „minimal standard” theory does it and I also wonder which type is more legitimate. In my opinion, considerations devoted to the question of global justice give us a well-established background for further studies on immigration policy, especially in the context of recent EU frontiers incidents.

Contingency in International Law

2021 ◽  
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
International Law ◽  
Present State ◽  
Foreign Investment ◽  
Armed Conflict ◽  
The Past ◽  
Present Volume ◽  
State Of Affairs ◽  
The Way

This volume asks a question that is deceptive in its simplicity: Could international law have been otherwise? In other words, what were the past possibilities, if any, for a different law? The search for contingency in international law is often motivated, including in the present volume, by the refusal to accept the present state of affairs and by the hope that recovering possibilities of the past will facilitate a different future. The volume situates the search for contingency theoretically and within many fields of international law, such as human rights and armed conflict, migrants and refugees, the sea and natural resources, and foreign investment and trade. Today there is hardly a serious account that would consider the path of international law to be necessary and that would deny the possibility of a different law altogether. At the same time, however, behind every possibility of the past stands a reason – or reasons – why the law developed as it did. Those who embark in search of contingency soon encounter tensions when they want to recover past possibilities without downplaying patterns of determination and domination. Nevertheless, while warring critical sensibilities may point in different directions, only a keen sense of why things turned out the way they did makes it possible to argue about how they could plausibly have turned out differently.

scholarly journals International Courts and Tribunals – the New Environmental Sentinels in International Law

2020 ◽  
Vol 50 (1-2) ◽  
pp. 17-33
Author(s):  
Bharat H. Desai ◽  
Balraj K. Sidhu
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Law Of The Sea ◽  
Human Rights Law ◽  
International Courts ◽  
Peaceful Settlement ◽  
The Common ◽  
Common Future

This study examines the role of international courts and tribunals (ICTs) as important agents for the peaceful settlement of international disputes through the instrumentality of law. The rapid upswing in the number of specialised international courts and tribunals (in areas such as trade, human rights, law of the sea, criminal justice and environment) can be perceived as an attempt by sovereign States to maintain the viability of ICTs in light of perplexity in international relations, growing recognition of peaceful co-existence, quest for institutionalised cooperation and emergence of some of the “common concerns of humankind”, as well as the “duty to cooperate”. The article has sought to make sense of the emergence of ICTs as the “New Environmental Sentinels” and what it portends for our common future. Do we need a specialised international environmental court?

scholarly journals International Migration and Work: Charting an Ethical Approach to the Future

2020 ◽  
Vol 8 (2) ◽  
pp. 111-133
Author(s):  
Donald Kerwin
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Migration ◽  
Low Income ◽  
Rapid Change ◽  
Global Compact ◽  
Future Of Work ◽  
The Past ◽  
Ethical Approach ◽  
The Future

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.

scholarly journals Deportation and Extradition from an International Perspective

2016 ◽  
Vol 10 (1) ◽  
pp. 197
Author(s):  
Zeynab Kiani ◽  
Zeynab Purkhaghan
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
International Relations ◽  
International Law ◽  
International Perspective ◽  
European Convention ◽  
Successful Implementation ◽  
Penal Policy ◽  
European Court ◽  
Rights Issues

Deportation and extradition have been one of the long-standing issues in international law. After proposing new human rights' issues in the development of international law and human role in international relations, sometimes the question of deportation and extradition is in conflict with European human rights concept. It should distinguish between extradition with similar concepts such as delivery, transfer and dismissal. The extradition is the process that reflects the country's international collaboration and cooperation in the implementation of more stringent standards of criminal justice. Its successful implementation requires the cooperation of different countries in extradition with no political and security excuses. European Court of Human Rights as a judicial organ of the European Convention on Human Rights has issued sentences in its practice regarding some of these conflicts. Researcher with knowledge of neglecting the debate in the Iranian legal system, insists to evaluate the performance of the Human Rights Committee and the European Court of Human Rights in relation to deportation and extradition and procedure that the European Court has dealt using analytical methods to review the extradition from different angles and it is hoped that open a step for progress in Iran's penal policy and the legal in the international arena.

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