Public International Law: Is It Fit For Purpose?

2007 ◽  
Vol 7 (2) ◽  
pp. 113-123 ◽  
Author(s):  
Gillian Triggs
Keyword(s):  
Human Rights ◽  
International Law ◽  
Use Of Force ◽  
Prisoners Of War ◽  
Collective Security ◽  
Public International Law ◽  
Fit For Purpose ◽  
The Relationship

AbstractThis paper by Professor Gillian Triggs seeks to explore whether the traditional principles of public international law are ‘fit for purpose’ in responding to such contemporary threats to collective security by reference to three issues: the regulation of the use of force; the need to balance the sovereign rights of states with humanitarian concerns; and the relationship between human rights and the orthodox rules applicable to prisoners of war and security detainees.

The Canon of Love against the Use of Force in Islamic and Public International Law. Part ii: The Anatomy of Love against Violations

2015 ◽  
Vol 15 (5) ◽  
pp. 861-895 ◽  
Author(s):  
Farhad Malekian
Keyword(s):  
Human Rights ◽  
International Law ◽  
Use Of Force ◽  
The Other ◽  
Human Beings ◽  
Public International Law ◽  
Political Conflicts

Love is a norm of concern of all states and its boundaries reach even beyond the erga omnes principle but ignorance constitutes the great deficiency of human beings in Islamic and public international law. Both legal disciplines are not only against cruel human violations but also any other minor wrong. The differences between them are not as significant as first assumed. Instead, it is the other way around: the similarities are so significant as to include the very cornerstones of the various frameworks and systems, namely, their underlying principles. A wide-ranging interpretation of Islamic and public international law sources is necessary in order to put an end to all cultural, ethnic, religious, legal and political conflicts with whatever means are available – whether derived from Islamic, European, or other sources. A civilized human rights system or union does not authorize the use of force, nor do they purchase or manufacture weapons in any circumstances, for any reason and to any degree. In other words, pure love constitutes not only the de facto, but also, the de jure criteria of the intention not to segregate.

scholarly journals Human dignity: an illusory limit for the evolutive interpretation of the ECHR?

Amicus Curiae ◽  
2019 ◽  
pp. 20-28
Author(s):  
Pavel Bureš
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Dignity ◽  
Case Law ◽  
Senior Lecturer ◽  
Public International Law ◽  
European Court ◽  
The Subject ◽  
The Relationship

In this article Pavel Bureš (Senior Lecturer in Public International Law in the Faculty of Law at Palacky University, Czech Republic) aims to portray some basic elements of the relationship between the concepy of human dignity and the evolutive interpretation, setting out key elements, notions and considerations for further thoughts. The article presents some basic issues related to the subject matter, then focuses on the evolutive interpretation, and finally outlines the role of human dignity in the case law related to the evolutive interpretation. Index keywords: Human rights, human dignity, European Court of Human Rights

International Law

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Prior Knowledge ◽  
Armed Conflict ◽  
Dispute Settlement ◽  
Environmental Law ◽  
Use Of Force ◽  
Critical Perspective ◽  
Public International Law ◽  
Economic Law

International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading, and discussion questions highlight the essential points. Topics covered include sources of international law, the law of treaties, actors, and jurisdiction. The text also looks at human rights, environmental law, economic law, dispute settlement, the use of force, and armed conflict in an international law setting.

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.

The relationship between ius ad bellum and ius in bello

1983 ◽  
Vol 9 (4) ◽  
pp. 221-234 ◽  
Author(s):  
Christopher Greenwood
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Second World War ◽  
Prisoners Of War ◽  
World War ◽  
The United Kingdom ◽  
Geneva Conventions ◽  
The Times ◽  
The Relationship ◽  
Second World

The rules of international law governing the legality of the use of force by states (ius ad bellum) and the rales by which international law regulates the actual conduct of hostilities once the use of force has begun (ius in bello) have seldom sat happily together. In the immediate aftermath of the Second World War, some international lawyers took the view that the development of the ius ad bellum by the Charter of the United Nations had rendered the ius in bello superfluous. This view has, not surprisingly, become somewhat less fashionable of late and the four Geneva Conventions of 1949, the 1977 Protocols to those Conventions, and a number of other treaties bear witness to the continuing interest of the international community in regulating the conduct of warfare. Nevertheless, the suspicion remains that ius in bello should have been absorbed by ius ad bellum, that the two subjects are somehow in competition, so that discussion of the former distracts attention from the more fundamental requirements of the latter or implies a lack of confidence in it. Thus, one letter published in The Times at the height of the Falklands conflict castigated international lawyers for engaging in a debate about the law concerning the treatment of prisoners of war on the ground that they should have been devoting their attention to questioning the legality of the whole operation mounted by the United Kingdom.

Germany

2018 ◽  
Author(s):  
Valentin Aichele
Keyword(s):  
Human Rights ◽  
International Law ◽  
Direct Effect ◽  
Federal Courts ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Public International Law ◽  
Monitoring Mechanism ◽  
International Human ◽  
Human Rights Norms

This chapter analyses the use and interpretation of the Convention on the Rights of Persons with Disabilities (CRPD) in sixty-nine decisions of German federal courts between 2009 and mid-2016. German courts’ failure to be proactive in demonstrating ‘friendliness towards public international law’ when dealing with international human rights norms has been criticised. The National CRPD Monitoring Mechanism addressed problems in the application of the law. This chapter investigates the courts’ understanding of basic CRPD concepts, judicial techniques, interpretation methods and specific CRPD provisions. The importance of the concepts of self-executing provisions and direct effect is discussed. In quantitative terms, German courts have referred to the CRPD more often than any other UN international human rights instrument. Furthermore, in qualitative terms, federal courts have become more receptive towards the CRPD. However, it is clear that much of the potential for courts to use the CRPD in the realisation of the rights of persons with disabilities remains untapped.

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.

scholarly journals Children in Armed Conflict: A Human Rights Crisis in Somalia

Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Salvador Santino Jr. Fulo Regilme ◽  
Elisabetta Spoldi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Children's Rights ◽  
Children’S Rights ◽  
Armed Groups ◽  
Public International Law ◽  
Rebel Groups ◽  
False Sense ◽  
Alternative Sources

Abstract Despite the consolidated body of public international law on children’s rights and armed conflict, why do armed rebel groups and state forces deploy children in armed conflict, particularly in Somalia? First, due to the lack of alternative sources of income and livelihood beyond armed conflict, children join the army due to coercive recruitment by commanders of armed groups. Their participation in armed conflict generates a fleeting and false sense of material security and belongingness in a group. Second, many Somali children were born in an environment of existential violence and material insecurity that normalized and routinized violence, thereby motivating them to view enlistment in armed conflict as morally permissible and necessary for existential survival.

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.

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