scholarly journals The Promise of Precommitment in Democracy and Human Rights: The Hopeful, Forgotten Failure of the Larreta Doctrine

2019 ◽  
Vol 18 (4) ◽  
pp. 1088-1103 ◽  
Author(s):  
Tom Long ◽  
Max Paul Friedman

Although international precommitment regimes offer a tool to escape the apparent contradiction between sovereignty and the international protection of democracy and human rights, they raise theoretical and practical questions. This article draws on multinational archival research to explore an overlooked historical episode and suggest new thinking regarding the logjams over sovereignty, incapacity of global decision making, and humanitarian imperialism. In 1945 and 1946, the American states engaged in a debate over the Larreta Doctrine, a Uruguayan proposal about the parallelism between democracy and human rights, and the regional rights and duties to safeguard these values. In the ensuing debate, the Uruguayan foreign minister elaborated a tripartite precommitment mechanism to create a web of national commitments to democratic governance and the domestic protection of human rights, to establish a regional insurance policy against failures to maintain those commitments, and to obligate the great power and neighboring states to precommit to working through the regional system instead of unilaterally. As a proposal that emerged from a weak state—and garnered support from states that faced internal and external threats to democracy and rights—the Larreta Doctrine offers insights on the central tension between state sovereignty and international commitments.

2020 ◽  
Vol 16 (2) ◽  
pp. 157-165
Author(s):  
Екатерина Шипова

International and regional human rights law offers a normative basis for researches conducted with human participation. Despite the fact that the goal of conducting medical researches, including genomic researches, is to obtain new knowledge, it should never prevail over human rights and freedoms. This principle goes through all international legal acts relating to bio-medical researches and the human genome. Aim: analysis of the existing regulatory and ethical framework for conducting genomic researches at the international level. Methods: empirical methods are used: comparison, analysis and synthesis, generalization, description; special methods: comparative legal, logical, systemic. Results: the study examines the basic regulatory and ethical framework for conducting genomic researches at the international level. The basic principles of the protection of human rights and freedoms during genomic research are formulated, which are enshrined in international regulatory and ethical acts.


2014 ◽  
Vol 8 (4) ◽  
pp. 7-12
Author(s):  
Barbu Denisa

Through the functions it performs, the judicial act has an important role in the maintenance of international peace and security, the prevention and repression of crime, as well as of the international protection of human rights and fundamental freedoms. Even the duties of public international law coincide with these goals.


Author(s):  
Nigel Rodley

This chapter considers the background to, and current developments concerning the manner in which international law has engaged with the protection of human rights, including both civil and political rights and economic, social, and cultural rights. It looks at historical, philosophical, and political factors which have shaped our understanding of human rights and the current systems of international protection. It focuses on the systems of protection developed by and through the United Nations through the ‘International Bill of Rights’, including the Universal Declaration of Human Rights, the UN human rights treaties and treaty bodies, and the UN Special Procedures as well as the work of the Human Rights Council. It also looks at the systems of regional human rights protection which have been established.


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