Anne Peters. Jenseits der Menschenrechte: Die Rechtsstellung des Individuums im Volkerrecht [Beyond Human Rights: The Legal Status of the Individual in Public International Law]

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.

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Children in Armed Conflict: A Human Rights Crisis in Somalia

Global Jurist ◽

10.1515/gj-2020-0083 ◽

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.

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Remarks by Maria Flores

Proceedings of the ASIL Annual Meeting ◽

10.1017/amp.2018.16 ◽

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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Public International Law and Human Rights

International and Comparative Law Quarterly ◽

10.1093/iclq/lei129 ◽

2006 ◽

Vol 55 (3) ◽

pp. 785-789

Keyword(s):

Human Rights ◽

International Law ◽

Public International Law

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The European Convention on Human Rights and International Law

International and Comparative Law Quarterly ◽

10.1093/iclq/lei163 ◽

2007 ◽

Vol 56 (2) ◽

pp. 217-231 ◽

Cited By ~ 11

Author(s):

Luzius Wildhaber

Keyword(s):

Human Rights ◽

International Law ◽

Comparative Law ◽

Case Law ◽

European Convention ◽

Mutual Relationship ◽

Public International Law ◽

European Court ◽

Special Character ◽

British Institute

AbstractThis article is an expanded and footnoted version of the lectur given at the British Institute of International and Comparative Law on Tuesday 21 March 2006, entitled ‘International Law in the European Court of Human Rights’.The article begins with some comparative comments on the application of the European Convention on Human Rights in monistic and dualistic systems It then discusses in detail the European Court's case law which confirms that the Convention, despite its special character as a human rights treaty, is indeed part of public international law. It concludes that the Convention and international law find themselves in a kind of interactive mutual relationship. checking and buildine on each other.

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Remarks by Sean D. Murphy

Proceedings of the ASIL Annual Meeting ◽

10.1017/amp.2021.37 ◽

2020 ◽

Vol 114 ◽

pp. 193-199

Author(s):

Sean D. Murphy ◽

Claudio Grossman

Keyword(s):

Human Rights ◽

International Law ◽

The State ◽

Human Right ◽

Human Rights Movement ◽

Interstate System ◽

International Human ◽

The Individual

Our conversation might begin by looking backward a bit. The human rights movement from 1945 onward has been one of the signature accomplishments of the field of international law, one that refocused our attention from a largely interstate system to a system where the individual moved in from the periphery to the center. Human rights champions point to numerous landmark treaties, numerous institutions, and the rise of NGOs as a critical vehicle for developing and monitoring human rights rules. Yet others look at the international human right system and still see the state as overly central, tolerating and paying lip service to human rights, but too easily discarding them when they prove to be inconvenient. The persistence of racism comes to mind. As a general matter, how would you assess the strengths and weaknesses of the system that was built essentially during your lifetime?

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