scholarly journals State Immunity, Property Rights, and Cultural Objects on Loan

2015 ◽  
Vol 22 (2-3) ◽  
pp. 279-299 ◽  
Author(s):  
Alessandro Chechi
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Humanitarian Law ◽  
Cultural Objects ◽  
The Past ◽  
State Immunity ◽  
Art Objects ◽  
Protection Of Human Rights ◽  
Ambivalent Relationship ◽  
The Relationship

Abstract:In the art field the centuries-old concepts of property and state immunity are interwoven in an ambivalent relationship. Immunity rules may constitute a shield for the works of art that have been temporarily sent abroad for exhibition purposes. The obverse of the same coin is that the same rules may thwart the legal actions filed by individuals against foreign states to retrieve art objects lost in the past as a result or in connection with grave violations of human rights and humanitarian law. This article examines this conundrum and argues that the relationship between property rights and immunity rules should be reconceptualised and aligned with the values and priorities of the international community, such as the protection of human rights, the reparation of massive and violent crimes and the respect for cultural heritage.

scholarly journals PROTECTION OF PROPERTY RIGHTS IN THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

2020 ◽  
Vol 4 (6(75)) ◽  
pp. 52-59
Author(s):  
Taisa Tomlyak
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Case Law ◽  
The State ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Proportional Relationship ◽  
The Relationship ◽  
Broad Understanding

The article considers the legal positions of the European Court of Human Rights (hereinafter - Сourt). In particular, the decision of the Сourt in cases of legality of interference with property rights was examined in the light of the provisions of Protocol № 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter Protocol №1 to the Convention). Also, the article specifies the principles that, in the opinion of the Сourt, the state must adhere to when interfering in property rights. In addition, it is established that the concept of "property" within the meaning of Part 1 of Art. 1 of Protocol No. 1 to the Convention has an independent meaning. That is, this concept cannot depend on its legal classification in national law and cannot be limited to ownership of things. Also, we considered a broad understanding in the practice of the Сourt "interests of society" in the application of measures of deprivation of property rights and ensuring a proportional relationship between the goal and the means used. In addition, the relationship between Article 1 of Protocol No. 1 and other articles of the Convention is considered, as issues arising in connection with the use of one's "property" may also relate to other articles of the Convention. Some decisions of the Court of Human Rights and its interpretation of the concepts of "property", "property" and "property rights" are analyzed.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Are human rights archives accessible? Challenges and possible solutions to improve access for Dealing with the Past initiatives

Comma ◽  
2021 ◽  
Vol 2020 (1-2) ◽  
pp. 139-150
Author(s):  
Romain Ledauphin ◽  
Claudia Josi ◽  
Rahel Siegrist
Keyword(s):  
Human Rights ◽  
Truth Commissions ◽  
Records Management ◽  
Maturity Model ◽  
Humanitarian Law ◽  
The Past ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Federal Department ◽  
Definition Of

Records and archives containing information relating to grave violations of human rights and international humanitarian law represent a fundamental source for, and can become trustworthy documentary evidence within, Dealing with the Past (DWP) processes including truth commissions, criminal tribunals, reparation programs, vetting processes and outreach projects. Those intergovernmental organizations (IGOs) and international non-governmental organizations (INGOs) working in the fields of human rights and peace and security are themselves important observers and actors in DWP processes and hence their records and archives are highly relevant to DWP initiatives. Such organizations should therefore be transparent and be able to facilitate DWP processes by granting access to their records. Given the International Council on Archives’ definition of “access” as relating to “… the availability of records for consultation as a result both of legal authorization and the existence of finding aids”, and the experience of swisspeace in advising DWP initiatives on collecting evidence and improving records management capacity, swisspeace together with the Swiss Federal Department of Foreign Affairs developed a roadmap which centres on the development of an “archives accessibility maturity model”. This tool will not only improve hands-on access in practice, but will ultimately improve knowledge about the multi-layered complexity of archives’ accessibility, strengthening the capacity of IGOs, INGOs and DWP initiatives to design and implement their access regulations, and thereby improving DWP initiatives’ ability to make successful access requests.

Human Rights in War: On the Entangled Foundations of the 1949 Geneva Conventions

2018 ◽  
Vol 112 (4) ◽  
pp. 553-582 ◽  
Author(s):  
Boyd van Dijk
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
History Of ◽  
History Of International Law ◽  
The 1960S ◽  
The Relationship ◽  
Cross Fertilization

AbstractThe relationship between human rights and humanitarian law is one of the most contentious topics in the history of international law. Most scholars studying their foundations argue that these two fields of law developed separately until the 1960s. This article, by contrast, reveals a much earlier cross-fertilization between these disciplines. It shows how “human rights thinking” played a critical generative role in transforming humanitarian law, thereby creating important legacies for today's understandings of international law in armed conflict.

scholarly journals The redirection of attacks by defending forces

2021 ◽  
pp. 1-18
Author(s):  
Tsvetelina van Benthem
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Prima Facie ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Definition Of ◽  
The Relationship

Abstract This article examines the redirection of incoming missiles when employed by defending forces to whom obligations to take precautions against the effects of attacks apply. The analysis proceeds in four steps. In the first step, the possibility of redirection is examined from an empirical standpoint. Step two defines the contours of the obligation to take precautions against the effects of attacks. Step three considers one variant of redirection, where a missile is redirected back towards the adversary. It is argued that such acts of redirection would fulfil the definition of attack under the law of armed conflict, and that prima facie conflicts of obligations could be avoided through interpretation of the feasibility standard embedded in the obligation to take precautions against the effects of attacks. Finally, step four analyzes acts of redirection against persons under the control of the redirecting State. Analyzing this scenario calls for an inquiry into the relationship between the relevant obligations under international humanitarian law and human rights law.

scholarly journals Economic sanctions and human rights: an analysis of competing enforcement strategies in Latin America

2014 ◽  
Vol 57 (1) ◽  
pp. 197-215 ◽  
Author(s):  
Cristiane de Andrade Lucena Carneiro
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Economic Sanctions ◽  
Deterrent Effect ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Political Terror ◽  
Using Data ◽  
The Relationship

This article addresses the consequences of economic sanctions for the protection of human rights in Latin America. The literature on sanctions and compliance informs three hypotheses, which investigate the relationship between sanctions and the level of rights protection in two groups of countries: those that were targeted by sanctions and those that were not. Using data from the Political Terror Scale (PTS) and from Freedom House, I find empirical evidence that sanctions do improve the level of protection in countries that were not targeted. This finding can be explained by the deterrent effect attributed to sanctions by the compliance literature, broadly interpreted. The presence of economic sanctions in a given year increases the probability of observing better human rights practices by almost 50%. These results hold for the 12 Latin American countries that were not subject to economic sanctions for the period 1976-2004.

Editorial: Human Rights at the Heart of Energy Justice

2021 ◽  
Vol 2 (2) ◽  
pp. v-ix
Author(s):  
Raphael J Heffron
Keyword(s):  
Human Rights ◽  
Energy Research ◽  
Protection Of Human Rights ◽  
Energy Justice ◽  
The Relationship

Energy justice has grown significantly across all disciplines involved in energy research. Here an energy justice circle is advanced where the relationship with energy justice and human rights across the energy lifecycle is explored. It is clear that at the heart of energy justice from a practical perspective is the protection of human rights. That is what energy justice and the application of the forms of justice – procedural, distributive, restorative, recognition and cosmopolitan - that provide its basis can achieve.

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