23. Current issues: non-State actors

Author(s):  
Rhona K. M. Smith

This chapter outlines the future agenda for international human rights and provides an overview of some is-sues that are likely to characterize the evolution of international human rights in the future. These include non-State actors, including businesses.

Author(s):  
Rhona K. M. Smith

This chapter outlines the future agenda for international human rights and provides an overview of some issues that are likely to characterize the evolution of international human rights in the future. These include non-State actors, including businesses. Environmental rights are also considered. The chapter also suggests that State responses to the threat of terrorism must be proportionate to said threat and must be in accordance with the law, respecting fundamental rights and freedoms.


2018 ◽  
Vol 28 (6) ◽  
pp. 817-838 ◽  
Author(s):  
Kathryn McNeilly

Human rights were a defining discourse of the 20th century. The opening decades of the twenty-first, however, have witnessed increasing claims that the time of this discourse as an emancipatory tool is up. Focusing on international human rights law, I offer a response to these claims. Drawing from Elizabeth Grosz, Drucilla Cornell and Judith Butler, I propose that a productive future for this area of law in facilitating radical social change can be envisaged by considering more closely the relationship between human rights and temporality and by thinking through a conception of rights which is untimely. This involves abandoning commitment to linearity, progression and predictability in understanding international human rights law and its development and viewing such as based on a conception of the future that is unknown and uncontrollable, that does not progressively follow from the present, and that is open to embrace of the new.


Author(s):  
Féilim Ó hAdhmaill ◽  
Mike Ritchie

International Human Rights Law is supposed to operate at all times. However, during war/conflict it is often suspended to address an ‘emergency’. International Humanitarian Law attempts to deal with human rights protections during the specific circumstances of war. However, what happens when states refuse to recognise a conflict situation as a ‘war’? In a world where violent conflict increasingly involves non-state actors, where does that leave existing international human rights’ mechanisms? This chapter looks at the changing forms of conflict globally and the development of what has been termed ‘terrorism’. It critically assesses the concept of ‘terrorism’ and discusses the difficulties it poses for social science, universal human rights and the development of equality, stability and global peace.


Author(s):  
Rhona K. M. Smith

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.


Author(s):  
Rhona K. M. Smith

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.


2019 ◽  
Vol 114 (1) ◽  
pp. 1-50 ◽  
Author(s):  
Cosette D. Creamer ◽  
Beth A. Simmons

AbstractRecent research has shown that state reporting to human rights monitoring bodies is associated with improvements in rights practices, calling into question earlier claims that self-reporting is inconsequential. Yet little work has been done to explore the theoretical mechanisms that plausibly account for this association. This Article systematically documents—across treaties, countries, and years—four mechanisms through which reporting can contribute to human rights improvements: elite socialization, learning and capacity building, domestic mobilization, and law development. These mechanisms have implications for the future of human rights treaty monitoring.


Sign in / Sign up

Export Citation Format

Share Document