Australia and the Abortive Convention on Territorial Asylum: A Case Study of a Cul de Sac in International Refugee and Human Rights Law

2020 ◽  
Vol 32 (1) ◽  
pp. 86-112
Author(s):  
Savitri Taylor ◽  
Klaus Neumann
Keyword(s):  
Human Rights ◽  
Significant Role ◽  
Universal Declaration ◽  
Human Rights Law ◽  
International Treaty

Abstract Focusing on the period from the adoption of the 1967 Declaration on Territorial Asylum to the 1977 Conference of Plenipotentiaries on Territorial Asylum in Geneva, this article examines attempts to arrive at an international treaty on territorial asylum. Charting the trajectory of the drafting process, it shows how the ambition of international lawyers and UNHCR to go beyond article 14 of the Universal Declaration of Human Rights and the 1967 Declaration was eventually thwarted. Australia played a significant role at the 1977 conference and particular attention is paid to the development of its position. The article argues that the discussions over the proposed convention on territorial asylum were symptomatic of States’ unwillingness to countenance a right to asylum, and their concomitant willingness to extend the principle of non-refoulement.

scholarly journals Governmental human rights focal points in federal contexts: The implementation of the Istanbul convention in Switzerland as a case study

2021 ◽  
pp. 092405192110169
Author(s):  
Matthieu Niederhauser
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Focal Points ◽  
Human Rights Law ◽  
International Human Rights ◽  
Federal States ◽  
International Human

The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.

The Politics of Domestic Implementation of International Human Rights Law

2015 ◽  
Vol 16 (1-2) ◽  
pp. 104-149 ◽  
Author(s):  
Deepika Udagama
Keyword(s):  
Human Rights ◽  
Political Violence ◽  
Social Indicators ◽  
Interesting Case ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Political Factors ◽  
International Human

Domestic application of international human rights law may encounter more serious obstacles than purely doctrinal constraints due to political factors. Sri Lanka offers an interesting case study in that regard. Once a committed democracy with high social indicators, it descended into authoritarianism and political violence a few decades after independence. This article examines the interplay between Sri Lanka’s dualist legal system and its international human rights obligations and points to how the relationship is increasingly being defined by political factors than doctrinal complexities. It argues that in such circumstances remedial action may lie more within the political arena than before legal forums.

Part III Structural Principles, Ch.14 Human Dignity

2013 ◽  
Author(s):  
Carozza Paolo G
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Universal Declaration ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Structural Principles ◽  
International Human ◽  
The Right ◽  
International Instruments

This article examines the issue of human dignity in relation to human rights. It analyses the functions and principle of human dignity and its use in the Universal Declaration of Human Rights and other international instruments. It suggests that human dignity seems to help justify expansive interpretations of human rights and strengthens the centrality and importance of the right in question and limiting possible exceptions or limitations to that right. This article also contends that the difficulty of reaching greater consensus on the meaning and implications of human dignity in international human rights law may be attributed to the fact that it refers to both a foundational premise of human rights and to a principle that affect interpretation and application of specific human rights.

scholarly journals Respecting Human Rights: Does Treaty Ratification Lead to Compliance?

2012 ◽  
Vol 2 (2) ◽  
pp. 169-179
Author(s):  
Daniel St. Pierre
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International System ◽  
Indigenous Populations ◽  
International Human Rights Law ◽  
Human Beings ◽  
Human Rights Law ◽  
State Compliance ◽  
The Cost

Since the nonbinding Universal Declaration of Human Rights, states have created treaties and conventions to outline what is or is not acceptable regarding the treatment of human beings, with the understanding that if a state signs and ratifies these documents then that state will comply with the principles outlined within it.  Time and again however, compliance, or the lack thereof, has presented as a concern amongst many states, as well as non-state actors.  The issue of compliance is a serious one because it speaks to credibility.  If states do not anticipate compliance from one another it undermines the entire international system and any structure that has been created to address the anarchic nature of international relations will dissolve.  In order to make analysis of this massive issue area manageable, I focus on state compliance with human rights law and more specifically, compliance with the Indigenous and Tribal Peoples Convention 1989, or C169.  Both Brazil and Argentina have signed and ratified C169 and both are democratic with indigenous populations.  Comparing these two states it allows us to better ascertain the circumstances under which states may comply with or defect from international human rights law.  I provide an overview on what rationalist theories suggest about compliance, followed by constructivist views.  I then outline my position before examining the results of the case study and assessing its’ impact as related to both theory and my arguments.  Ultimately, I find that notwithstanding ratification and well-developed democratic institutions that allow for a strong civil society to participate in politics, there are still circumstances wherein a state will defect from a human rights treaty because the gain of doing so outweighs the cost of non-compliance.

scholarly journals The Manus Island Regional Processing Centre: A Legal Taxonomy

2018 ◽  
Vol 20 (4) ◽  
pp. 427-451
Author(s):  
Nikolas Feith Tan
Keyword(s):  
Human Rights ◽  
Black Hole ◽  
Supreme Court ◽  
Papua New Guinea ◽  
New Guinea ◽  
Human Rights Law ◽  
Control Approach ◽  
Processing Centre ◽  
Migration Control

Abstract This article considers the controversial cooperative migration control approach of extraterritorial asylum through a case study of the Manus Island Regional Processing Centre (RPC), in operation between 2012 and 2017. Rather than operating in a ‘legal black hole’, the RPC was the site of legal contestation, as refugees and their lawyers turned to various legal fora in an attempt to hold Australia, Papua New Guinea and private contractors responsible for violations of human rights law. The recent closure of the RPC, as a result of litigation in the Papua New Guinea Supreme Court, shows that just as States employ a broad range of deterrence policies, refugee lawyers have an emerging ‘toolbox’ at their disposal to challenge extraterritorial asylum policies. The Manus Island RPC experience holds lessons for future litigation on policies of extraterritorial asylum, presenting both opportunities and risks for policymakers and refugee lawyers alike.

scholarly journals Human Rights and the Future of Being Human

AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 324-328 ◽  
Author(s):  
Alexandra Huneeus
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
New Technologies ◽  
Universal Declaration ◽  
Human Rights Law ◽  
Physical Environments ◽  
The Future ◽  
Slow Moving ◽  
Sense Of Urgency

The seventieth anniversary of the Universal Declaration of Human Rights (UDHR) comes at a time of more contestation than usual over the future of human rights. A sense of urgency animates debates over whether the institutions and ideas of human rights can, or should, survive current geopolitical changes. This symposium, by contrast, shifts the lens to a more slow-moving but equally profound challenge to human rights law: how technology and its impacts on our social and physical environments are reshaping the debate on what it means to be human. Can the UDHR be recast for a time in which new technologies are continually altering how humans interact, and the legal status of robots, rivers, and apes alike are at times argued in the language of rights?

scholarly journals Undermining Human Agency and Democratic Infrastructures? The Algorithmic Challenge to The Universal Declaration of Human Rights

AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 334-338
Author(s):  
Helmut Philipp Aust
Keyword(s):  
Human Rights ◽  
Digital Technology ◽  
Human Agency ◽  
Modern Human ◽  
Universal Declaration ◽  
Human Rights Law ◽  
Human Rights Movement ◽  
Decision Making Processes ◽  
Automated Decision Making ◽  
Self Learning

“Digital technology is transforming what it means to be a subject.” The increase in the use of big data, self-learning algorithms, and fully automated decision-making processes calls into question the concept of human agency that is at the basis of much of modern human rights law. Already today, it is possible to imagine a form of “algorithmic authority,” i.e., the exercise of authority over individuals based on the more or less automated use of algorithms. What would this development mean for human rights law and its central categories? What does the Universal Declaration of Human Rights (UDHR), adopted seventy years ago as a founding document of the human rights movement at the international level, have to say about this?

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