Democracy and development

1999 ◽  
Vol 7 (2) ◽  
pp. 183-189
Author(s):  
Rüdiger Wolfrum
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Dignity ◽  
Human Beings ◽  
International Human Rights ◽  
International Human ◽  
Democratic Elections ◽  
Relationship Of ◽  
The Relationship

The discussion on the relationship of democracy and development has only become meaningful after being freed from a purely dogmatic approach. International law, in particular international human rights instruments, commit States' Parties to establish and sustain a government based upon democratic elections and which is politically accountable. Development requires a policy towards achieving conditions where human beings can enjoy freedom from want and fear. Both policies, on democratization and development, are meant to achieve conditions in which human dignity is fully respected and they are therefore mutually reinforcing.

Title to Territory and JurisdictionThree and a Half Models

2020 ◽  
pp. 159-181
Author(s):  
Lea Raible
Keyword(s):  
Human Rights ◽  
International Law ◽  
Political Power ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Relationship Of ◽  
The Relationship

The very term ‘extraterritoriality’ implies that territory is significant. So far, however, my argument focuses on jurisdiction rather than territory. This chapter adds clarifications in this area. It examines the relationship of jurisdiction in international human rights law, whether understood as political power or not, and title to territory in international law. To this end, I start by looking at what international law has to say about jurisdiction as understood in international human rights law, and territory, respectively. The conclusion of the survey is that the two concepts serve different normative purposes, are underpinned by different values, and that they are thus not the same. Accordingly, an account of their relationship should be approached with conceptual care.

5. Nature of obligations

2017 ◽  
Author(s):  
Frédéric Mégret
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Public International Law ◽  
Special Character ◽  
International Human ◽  
Relationship Of ◽  
The Relationship

This chapter first introduces the relationship of international human rights law to public international law, which is crucial to understanding the ‘special character’ of international human rights obligations. It then introduces the basic idea of what it means for a legal obligation to be described as ‘special’ in nature in international law, and discusses several key consequences that can be said to flow from this character in terms of reservations, implementing human rights obligations, limitations and derogations, enforcement, and withdrawal.

scholarly journals Humanity and Human Rights: The Contours of International Law

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Eyassu Gayim
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
Human Rights Law ◽  
International Human Rights ◽  
Law Of Nations ◽  
International Human

Laws regulate conducts by responding to social and political requirements. This holds true for the law of nations as well. Contemporary international law follows two separate tracks when it comes to regulating human rights and humanitarian questions. If international human rights law and international humanitarian law are intended to protect the dignity and worth of human beings, as it is often said, why follow separate tracks? Does humanity really exist? If it does, how does it relate to human rights? If the two are distinct, where do they converge? This article highlights these questions by revisiting the contours of international law.

scholarly journals Reconciliation between the Islamic Human Rights and International Law: Prospects and Complications

2019 ◽  
Vol 6 (4) ◽  
pp. 609
Author(s):  
Siamak Karamzadeh ◽  
Massoud Alizadeh
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Historical Aspect ◽  
Historical Fact ◽  
International Human ◽  
Human Rights Norms ◽  
The Relationship

The relationship between International Human Rights and Islamic Law has been always an arguable debate at the international level. This issue can be considered by jurists in two aspects. First, from National Law perspective, especially in the countries in which the law, to some extent is affected by Islamic rules. Second, by view of International Law to see that to what extent, there would be compatibility or likely contradiction between human rights norms and Islamic Law.Considering the historical aspect of the issue, this article is suggesting that although from the outset, International Law tried to separate religion from policy, but this historical fact would not prevent theoretical conciliation between religion and Human Rights rules. The review of the content of International Human Rights Law reveals that the rules in the systems in most part are compatible. However, in some cases the incompatibility between these two group pf rules is observed. The existence of different basis under Islamic Law and International Law makes the least difference unavoidable. The constant dialogue between Islamic scholars and publicists can decrease this difference in future.

scholarly journals Analysis of the Educational Legislation and its Influence of the Former Soviet Union

2021 ◽  
Vol 3 ◽  
pp. 90-94
Author(s):  
Ziqian Li
Keyword(s):  
Human Rights ◽  
Soviet Union ◽  
Former Soviet Union ◽  
Human Beings ◽  
International Human Rights ◽  
Educational Legislation ◽  
The Soviet Union ◽  
Subsequent Discussion ◽  
International Human ◽  
The Relationship

This paper introduces the stages and specific problems of Soviet educational legislation. First, the Legislation of the Soviet Union established many vital institutions, such as the system of equality between men and women in education. Secondly, the Soviet legislature and the Soviet Union also institutionalized Marxist ideas about freedom of learning and the overall development of human beings. Thirdly, in the practice of the Soviet Union, how to balance the relationship between freedom, equality and efficiency has become a topic worthy of subsequent discussion. Moreover, Soviet legislation influenced subsequent international human rights legislation and laid the foundation. On this basis, the subsequent international human rights legislation has been further improved.

Part 2 Interrelations between Constitutionalism and Sharī’ah: Antagonism or Complementarity?, 2.1 Constitutionalism in Islamic Countries: A Survey from the Perspective of International Law

2012 ◽  
Author(s):  
Wolfrum Rüdiger
Keyword(s):  
Human Rights ◽  
Middle East ◽  
International Law ◽  
Historical Development ◽  
Islamic Law ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Impact ◽  
The Relationship

This chapter examines the influence of international law and Islamic law on the constitutions of Islamic states. It discusses the historical development of the relationship between Islamic law and international law; reference to human rights and international law in the constitutions of Islamic states (Africa, Middle East, and Asia); and the impact of the Sharīʻah on the ratification of international human rights treaties.

The Evolving International Human Rights System

2006 ◽  
Vol 100 (4) ◽  
pp. 783-807 ◽  
Author(s):  
Thomas Buergenthal
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
World War I ◽  
International Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
World War ◽  
International Human Rights ◽  
International Human ◽  
American Society

Few, if any, branches of international law have undergone such dramatic growth and evolution as international human rights in the one hundred years since the founding of the American Society of International Law. This branch of international law did not really come into its own until after World War II. Before then, what today we would broadly characterize as human rights law consisted of diffuse or unrelated legal principles and institutional arrangements that were in one way or another designed to protect certain categories or groups of human beings. Included in this mix prior to World War I were state responsibility for injuries to aliens, international humanitarian law (as we know it today), the protection of minorities, and humanitarian intervention.

scholarly journals Human Rights Theory and Comparative International Law Scholarship

2018 ◽  
Author(s):  
Christopher McCrudden
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Dignity ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
Domestic Courts ◽  
Domestic Use ◽  
International Human

An account of what we know about the use by domestic courts of international human rights law is identified, based on the findings in this volume and earlier work on the use of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). From that, three aspects of the domestic functions of international human rights treaties are tentatively identified as particularly significant: international human rights law is only partly internationally-directed; domestic courts very seldom appear to be acting as ‘agents’ of international human rights law; and ‘human dignity’ (sometimes by itself, sometimes alongside ‘autonomy’ and ‘equality’) acts as an important meta-principle in the domestic use of international human rights law. The implications these functions have for normative theorising about human rights, in particular practice-dependent theories of human rights, is considered, and a theory of human rights law consistent with this practice is identified.

Sign in / Sign up

Export Citation Format

Share Document