3 Relationship with other Areas of International Law

2021 ◽  
Author(s):  
Hongler Peter
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
Human Rights Law ◽  
National Treatment ◽  
International Courts ◽  
Trade Law ◽  
Investment Treaty ◽  
Treaty Law ◽  
International Tax

This chapter discusses the interaction of the international tax regime with other international law disciplines such as trade law, investment treaty law, and human rights law. Moreover, it contains an overview of tax rules in non-tax agreements such status of force agreements or headquarter agreements signed by host states with international organizations. The goal is to outline how these other legal regimes influence the international tax regime. The most obvious example is trade law as it limits the legislative leeway of states in tax matters in various ways. In particular, obligations derived from most-favoured nation and national treatment clauses are of great importance for tax policy and will be discussed in detail. But also, investment treaties provide for several policy limitations. In order to outline the interaction between trade law, investment treaty law, and the international tax regime, reference is made so several decisions of international courts.

scholarly journals International Courts and Tribunals – the New Environmental Sentinels in International Law

2020 ◽  
Vol 50 (1-2) ◽  
pp. 17-33
Author(s):  
Bharat H. Desai ◽  
Balraj K. Sidhu
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Law Of The Sea ◽  
Human Rights Law ◽  
International Courts ◽  
Peaceful Settlement ◽  
The Common ◽  
Common Future

This study examines the role of international courts and tribunals (ICTs) as important agents for the peaceful settlement of international disputes through the instrumentality of law. The rapid upswing in the number of specialised international courts and tribunals (in areas such as trade, human rights, law of the sea, criminal justice and environment) can be perceived as an attempt by sovereign States to maintain the viability of ICTs in light of perplexity in international relations, growing recognition of peaceful co-existence, quest for institutionalised cooperation and emergence of some of the “common concerns of humankind”, as well as the “duty to cooperate”. The article has sought to make sense of the emergence of ICTs as the “New Environmental Sentinels” and what it portends for our common future. Do we need a specialised international environmental court?

The reactive model of disaster regulation in international law and its shortcomings

2021 ◽  
pp. 1-20
Author(s):  
Rhys Carvosso
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Adaptive Model ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Control ◽  
Trade Law ◽  
Investment Law ◽  
International Human

Abstract This article presents a theoretical framework by which to understand how disasters are reconciled with a state’s existing obligations under international law. This ‘reactive’ model of disaster regulation hinges on two regulatory techniques, ‘disapplication’ and ‘exculpation’, both of which involve a deviation from the ordinary application of a norm owing to the occurrence of a disaster or to measures adopted by a state in relation to it. It proceeds to outline the various doctrines and mechanisms across different subfields of international law, including international human rights law, investment law and trade law, which may operationalize these techniques in disaster situations. Finally, it argues that the applicability of certain disapplication and exculpation mechanisms to disasters relies on an anachronistic view of such disasters as rare and episodic occurrences beyond human control. This puts these mechanisms at odds with the central objectives of international disaster law and their underlying sociological and scientific premises, which emphasize the need for an ‘adaptive’ model of comprehensive and prevention-oriented disaster regulation. Accordingly, this analysis exposes the conceptual limitations of the reactive model for disaster regulation and explains and validates the inclination toward an adaptive model within international disaster law. It also indicates how mechanisms within the reactive model could be recalibrated to better regulate disasters.

The Evolving Role of Nationality in the Protection and Enjoyment of Human Rights

2019 ◽  
pp. 50-90
Author(s):  
Michelle Foster ◽  
Hélène Lambert
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Treaty Law ◽  
History Of ◽  
International Human

Chapter 3 considers the role of nationality in the protection and enjoyment of human rights. It examines the history of international law’s involvement in and regulation of matters concerning nationality, thereby providing a crucial link between Chapter 2 and Chapters 4, 5, and 6. It begins by reviewing the traditional position whereby considerations of nationality, including the practice of re-admission for non-nationals, fell within the reserved domain of states through their own nationality laws. The chapter outlines the evolution of international human rights law and its impact on state discretion, such that in many instances, deprivation of nationality (i.e. denial of nationality and/or withdrawal of nationality) may now well violate norms of international law. The chapter therefore examines deprivation of nationality, and the consequences for the persons concerned, in treaty law, UN documents, and the jurisprudence of international and regional courts.

The European Convention on Human Rights and General International Law

2018 ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Feedback Loop ◽  
European Convention ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Courts ◽  
National Courts ◽  
European Court ◽  
Protection Of Human Rights

The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. But the Court does not always follow general international law closely and develops its own doctrines. Its decisions are influential for national courts as well as other international courts and tribunals, thereby, at times, influencing general international law. There is thus a feedback loop of influence. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to the ongoing debate on fragmentation and convergence of International Law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility, and immunity.

Individual Human Rights v. State Sovereignty: The Case of Peru's Withdrawal from the Contentious Jurisdiction of the Inter-American Court of Human Rights

2000 ◽  
Vol 13 (4) ◽  
pp. 985-996 ◽  
Author(s):  
Monica Feria Tinta
Keyword(s):  
Human Rights ◽  
International Law ◽  
State Sovereignty ◽  
Vienna Convention ◽  
Human Rights Law ◽  
General Rules ◽  
Treaty Law ◽  
The Law ◽  
Freedom Of Action ◽  
Individual Human

Human rights law is often regarded as a discipline with aspirations of being an autonomous, self-contained regime within the general corpus of international law. Recent debates concerning reservations in the area of treaty law have reinforced views which claim the governing prinicples of human rights law depart – if not contradict – general rules of international law. By examining a landmark decision of the Inter-American Court of Human Rights which declared the recent purported Peruvian withdrawal from its compulsory jurisdiction invalid, against the background of general international law, the author aims to demonstrate that far from deviating from the general rules of the Vienna Convention of the Law of Treaties, this decision supports the view that human rights law is neither insulated from general international law nor divorced from the principle of sovereignty. For the principle of sovereignty has a twofold character: it is the fundament but also the limit of freedom of action by a state.

scholarly journals International Judicial Legitimacy

2020 ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
Democratic Legitimacy ◽  
Direct Reaction ◽  
International Human Rights ◽  
International Courts ◽  
International Human

These texts on the legitimacy of international courts were framed as a direct reaction to arguments put forward in the book “In Whose Name?” by Armin von Bogdandy und Ingo Venzke. The subjects ranged from a comparison between international organizations and international courts and how they can contribute to democratize international law to assessing the democratic legitimacy of international human rights courts. Therefore the collection is dealing with both theoretical and practical questions regarding the legitimacy of international courts and how such problems relate to fundamental problems of our times.

International Organizations and Respect for International Law

2010 ◽  
Author(s):  
Kendall W. Stiles
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
Dispute Settlement ◽  
Fair Trial ◽  
Court Cases ◽  
International Courts ◽  
National Jurisdiction ◽  
Legal Accountability ◽  
The Ideal

International organizations (IOs) have effectively modified the structure of international law. For more than six decades, IOs have echoed the aspirations of humankind, in pursuit of the ideal of realization of justice, and have furthermore contributed to that end. IOs are provided with privileges and immunities that are intended to ensure their independent and effective functioning. These are specified in the treaties that give rise to the organization, which are normally supplemented by further multinational agreements and national regulations under the international law. Rather than by national jurisdiction, legal accountability is intended to be ensured by legal mechanisms that are internal to the IO itself and by access to administrative tribunals. In the course of many court cases, where private parties tried to pursue claims against IOs, there has been a gradual realization that alternate means of dispute settlement are required, as states have fundamental human rights obligations to provide plaintiffs with access to court in view of their right to a fair trial. Otherwise, the organizations’ immunities may be put in question in national and international courts.

Introduction

2018 ◽  
Author(s):  
Anne van Aaken ◽  
Iulia Motoc ◽  
Johann Justus Vasel
Keyword(s):  
Human Rights ◽  
International Law ◽  
European Convention ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Courts ◽  
The Sustainable Development ◽  
Single View ◽  
The Relationship

There are many ways of looking at the relationship between international human rights law (IHRL) and general international law. One may look at the influence of IHRL on general international law, or at the reverse influence, using a method of tracing judgments and their influence on other international courts. One may also discuss the relationship under the heading of fragmentation, taking a broader, systemic, and institutional view. This introduction embeds the specified topics treated in the book which we deem exemplary, namely sources, interpretation, jurisdiction, state responsibility, and immunity in this discussion, looking at both ways of influence. This book explores the interaction effects arising in the context of human rights between the European Convention on Human Rights and general international law. Some of the chapters suggest reconciling methods and convergence whereas others stress the danger of fragmentation. There is no single view which fits all issue areas of international law but judicial dialogue is of utmost importance to ensure the sustainable development of the law for the benefit of human rights.

Binding the United Nations to Customary (Human Rights) Law

2020 ◽  
Vol 17 (2) ◽  
pp. 379-417
Author(s):  
Noëlle Quénivet
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Organizations ◽  
Human Rights Violations ◽  
Human Rights Law ◽  
Legal Basis ◽  
Legal Scholarship ◽  
Legal Personality ◽  
The United Nations

Whilst most legal scholarship focuses on the responsibility of the United Nations for human rights violations few studies have ascertained the legal basis of the primary rules leading to such responsibility. This article fills this gap by reviewing the theories used to bind the UN to customary human rights law: (1) the UN has inherited its member states’ obligations, (2) participation in the formation of customary human rights law implies being bound by it, (3) the UN is bound by international law because it has legal personality and (4) as the UN is embedded in international law it must comply with its norms. Such theories are further tested against the backdrop of international organizations’ theories. The article draws the conclusion that (1) should be rejected, (2) is not yet legally sound and (3)-(4), despite their flaws, are more persuasive. Ultimately, recourse must be had to general international law.

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