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

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.

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

International Journal of Multicultural and Multireligious Understanding ◽

10.18415/ijmmu.v6i4.1157 ◽

2019 ◽

Vol 6 (4) ◽

pp. 609

Author(s):

Siamak Karamzadeh ◽

Massoud Alizadeh

Keyword(s):

Human Rights ◽

International Law ◽

Islamic Law ◽

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.

State Compliance with the Recommendations of the African Commission on Human and Peoples’ Rights, 1994-2004

The American Journal of International Law ◽

10.1017/s000293000002950x ◽

2007 ◽

Vol 101 (1) ◽

pp. 1-34 ◽

Cited By ~ 16

Author(s):

Frans Viljoen ◽

Lirette Louw

Keyword(s):

Human Rights ◽

International Law ◽

Human Rights Treaties ◽

State Compliance ◽

State Obligations ◽

Legal Position ◽

International Human ◽

The Impact ◽

African Commission

Current discourse on international human rights leaves little room for self-satisfaction about near-universal acceptance of wide-ranging normative frameworks with a global and regional scope. Recent times have witnessed growing academic concern with the “impact” or “effect” of international human rights treaties on the de jure and de facto legal position in state parties. These concerns are embedded in bigger and more enduring questions about the nature of state obligations under international law (including those derived from “nonbinding norms”) and compliance with them. However, general questions about obedience to international law have been replaced by attempts to answer the question whether human rights treaties in fact “make a difference.”

The Idea of International Human Rights Law

10.1093/oso/9780198749844.001.0001 ◽

2019 ◽

Author(s):

Steven Wheatley

Keyword(s):

Human Rights ◽

International Law ◽

Human Rights Law ◽

Fragmentation Of International Law

Moral Concept ◽

Customary International Law ◽

Human Rights Treaties ◽

International Human ◽

International Human Rights Law has emerged as an academic subject in its own right, separate from, but still related to, International Law. This book explains the distinctive nature of the new discipline by examining the influence of the moral concept of human rights on general international law. Rather than make use of moral philosophy or political theory, the work explains the term ‘human rights’ by examining its usage in international law practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice in the United Nations, the core human rights treaties, and customary international law, The Idea of International Human Rights Law shows how a moral concept of human rights emerged, and then influenced the international law doctrine and practice on human rights, a fact that explains the fragmentation of international law and the special nature of International Human Rights Law.

Conclusion: Human Rights Treaties (Sometimes) Protect Rights

Contentious Compliance ◽

10.1093/oso/9780190910976.003.0007 ◽

2019 ◽

pp. 193-224

Author(s):

Courtenay R. Conrad ◽

Emily Hencken Ritter

Keyword(s):

Human Rights ◽

International Law ◽

International Institutions ◽

Domestic Institutions ◽

Human Rights Regime ◽

Human Rights Treaties ◽

International Human

This chapter highlights the conclusions and contributions of theresearch: obligation to international law can constrain leaders from violating human rights-and encourage potential dissidents to revolt against their governments. The argument that human rights treaties "work" is contrary to the explanations of a wide variety of scholars who maintain that the international human rights regime has been an abject failure. Although scholars have found evidence that domestic institutions can lead to decreased repression, there has been little support for the argument that international institutions do so.In contrast, this book finds that-if international law creates even the smallest shift in assumptions over domestic consequences for repressive authorities-these effects can yield a substantively meaningful reduction in rights violations when leaders have significant stakes in domestic conflicts.

Title to Territory and JurisdictionThree and a Half Models

Human Rights Unbound ◽

10.1093/oso/9780198863373.003.0007 ◽

2020 ◽

pp. 159-181

Author(s):

Lea Raible

Keyword(s):

Human Rights ◽

International Law ◽

Political Power ◽

Human Rights Law ◽

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.

Theory and Evidence Regarding the Effectiveness of Human Rights Treaties

Oxford Research Encyclopedia of Politics ◽

10.1093/acrefore/9780190228637.013.544 ◽

2017 ◽

Author(s):

Daniel W. Hill, Jr.

Keyword(s):

Human Rights ◽

International Law ◽

Good Evidence ◽

Human Rights Law ◽

International Treaties ◽

Human Rights Treaties ◽

Sources Of Variation ◽

International Human

The adoption by the United Nations of the Universal Declaration of Human Rights in 1948 marked the beginning of the modern international human rights regime. Since then the number of international treaties that protect human rights, as well as the number of internationally recognized rights, has greatly increased. The increasing number and scope of international treaties attests to the fact that advocates for human rights view treaties, which are legally binding in principle, as useful tools for promoting respect for the various rights identified in international law. Only recently have scholars begun to collect and systematically examine evidence concerning the effectiveness of human rights treaties. This new body of research is motivated by a question that has obvious normative import and policy relevance: do we have good evidence that the widespread adoption of international human rights law has had any meaningful impact on the level of respect that states exhibit for the rights articulated in international law? To date, this literature suggests three sources of variation in the effectiveness of human rights treaties: (1) variation in the domestic political and legal institutions that facilitate enforcement and compliance, (2) variation in the nature of the rights protected by different treaties and the nature of violations, and (3) variation in the strength of governments’ commitments to the UN treaty regime. All three sources of variation point to opportunities to advance our understanding of the conditions under which international human rights law can achieve its goals.

The problem of applying reservations to international human rights agreements

Law and innovations ◽

10.37772/2518-1718-2021-1(33)-10 ◽

2021 ◽

pp. 68-73

Author(s):

Ivanna Maryniv ◽

Liubov Rudai

Keyword(s):

Human Rights ◽

International Law ◽

Legal Regulation ◽

European Convention ◽

Effective Control ◽

International Treaties ◽

European Court ◽

Human Rights Treaties ◽

International Human

A problem statement. Human rights law, as a branch of public international law, to date, is mainly codified and consists mainly of treaty rules contained in universal and regional conventions. At the same time, in most cases, the parties to these agreements make reservations of both a substantive and procedural nature that apply to all generations of human rights. The question arises as to the legitimacy of the reservations declared by states to international acts on human rights and freedoms. Аnalysis of research and publications. Many international lawyers deal with the issue of reservations to human rights treaties and their validity. Thus, the works of E.S. Alisievich, are devoted to this issue, I.I. Lukashuk, V.G. Butkevich, V.L. Tolstoy, M.V. Buromensky and others. However, there are a number of problems with the legal regime of reservations to human rights treaties. The main thesis that reveals their essence is that there is no mechanism for effective control over the legitimacy of such reservations. The main text. The article considers the concept of reservations to international treaties, examines the problem of issuing reservations to international human rights treaties. The application of the institution of reservations is studied on the example of certain international treaties in the field of human rights, such as: the European Convention on Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the African Charter on Human and Peoples’ Rights. The case law of the European Court of Human Rights on the application of reservations to the European Convention on Human Rights is studied. Conclusions. Today, the sovereign right of every state to stipulate international treaties is firmly established in international law, but there is no clear legal regulation of this institution that would prevent abuses by states in this area. We see the need to further study the institution of reservations to human rights treaties, its development and the development of general principles, procedures, and control over their legitimacy.

“Lagom Jurisdiction” – What Viking Drinking Ettiquette Can Teach Us about Internet Jurisdiction and Google France

Masaryk University Journal of Law and Technology ◽

10.5817/mujlt2018-1-2 ◽

2018 ◽

Vol 12 (1) ◽

pp. 29-48 ◽

Cited By ~ 1

Author(s):

Dan Svantesson

Keyword(s):

Human Rights ◽

International Law ◽

Limited Attention ◽

Human Rights Law ◽

Guiding Principle ◽

International Human ◽

The Impact ◽

Insight Into

The law of Internet jurisdiction is facing a crisis. While there is widespread and growing recognition that we cannot anchor Internet jurisdiction in the outdated, typically overstated, and often misunderstood, territoriality principle, few realistic alternatives have been advanced so far.This article seeks to provide an insight into the conceptual mess that is the international law on jurisdiction; focusing specifically on the concepts of sovereignty and jurisdiction, with limited attention also given to the impact of comity, and international human rights law. These issues are studied through the lens of the so-called Google France case that comes before the CJEU in 2018. The article argues that we may usefully turn to the Swedish “lagom” concept – which allegedly stems from Viking era drinking etiquette – as a guiding principle for how we approach Internet jurisdiction.

Conflict over Conflict: The Right to Strike in International Law

Global Labour Journal ◽

10.15173/glj.v8i1.2649 ◽

2017 ◽

Vol 8 (1) ◽

Author(s):

Diane F Frey

Keyword(s):

Human Rights ◽

International Law ◽

Political Rights ◽

International Labour Organisation ◽

Cultural Rights ◽

Human Rights Treaties ◽

International Human ◽

The Right

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>

Domestic Human Rights Adjudication in the Shadow of International Law: The Status of Human Rights Conventions in Israel

Israel Law Review ◽

10.1017/s0021223717000164 ◽

2017 ◽

Vol 50 (3) ◽

pp. 331-388 ◽

Cited By ~ 1

Author(s):

Barak Medina

Keyword(s):

Human Rights ◽

International Law ◽

Democratic Legitimacy ◽

Human Rights Law ◽

Quarter Century ◽

Human Rights Treaties ◽

International Human ◽

The Government

The quarter-century anniversary of Israel's ratification of the major United Nations (UN) human rights treaties is an opportunity to revisit the formal and informal interaction between domestic and international Bills of Rights in Israel. This study reveals that the human rights conventions lack almost entirely a formal domestic legal status. The study identifies a minor shift in the scope of the Israeli Supreme Court's reference to international law, as the Court now cites international human rights law to justify decisions that a state action is unlawful, and not only to support findings that an action is valid. This shift may be the result of other reasons, for instance, a ‘radiation’ of the Court's relatively extensive use of international humanitarian law in reviewing state actions taken in the Occupied Territories. However, it may also reflect a perception of enhanced legitimacy of referring to international human rights law as a point of reference in human rights adjudication following ratification of the treaties.At the same time, the Court continues to avoid acknowledging incompatibility between domestic law and international law. It refers to the latter only to support its interpretation of Israeli constitutional law, as it did before the ratification. This article critically evaluates this practice. While international human rights law should not be binding at the domestic level, because of its lack of sufficient democratic legitimacy in Israel, it should serve as an essential benchmark. The Court may legitimise a human rights infringement that is unjustified according to international law, but such incompatibility requires an explicit justification. The Court, together with the legislature and the government, are required to engage critically with the non-binding norms set by the ratified UN human rights treaties.