Part IV Transnational Organised Crime as Matter of Certain Branches of International Law, 19 Transnational Criminal Organisations and Human Rights

2016 ◽  
Author(s):  
Noortmann Math ◽  
Sedman Dawn
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Organised Crime ◽  
Second World War ◽  
Criminal Prosecution ◽  
World War ◽  
Dialectical Relationship ◽  
The Right ◽  
Second World ◽  
Armed Opposition Groups

Transnational criminal organisations and human rights are in a dialectical relationship. Organisations can be subjected to criminal investigations and criminalization, while at the same time be protected by such rights as the right to association and free speech. While successful criminal prosecution of organisations is rare, as demonstrated by the war-crime tribunals since the Second World War, the criminalizing of organisations such as biker gangs and armed opposition groups is a more common, however questionable, option for governments. To the extent that criminal organisations are considered, first of all, to commit crimes and are investigated and prosecuted within that legal framework, the question what the concept of criminal organisations committing human rights violations would bring is a pertinent one. Crimes and human rights are different legal conceptions and should not be confused in the ‘war against organised crime’.

The State of Play and the Road Ahead

2020 ◽  
pp. 297-304
Author(s):  
Kerri Woods
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Second World War ◽  
First Century ◽  
World War ◽  
The Road ◽  
Sustainable Environment ◽  
The Right ◽  
The Relationship ◽  
Second World

Human rights are a key element of the post-Second World War international order. They function as both an institutional framework and as a powerful idea, and have been adopted and adapted by those seeking to address the most pressing problems of their age. The framers of the Universal Declaration of Human Rights (1948) never dreamed of including environmental rights in the list of rights that are fundamental to a decent human life. By the first decades of the twenty-first century, however, it has become clear that environmental problems like climate change generate profound human rights impacts. A sustainable environment is essential to the enjoyment of all human rights, now and henceforth, but extending rights into the future raises many complex questions about the relationship between rights and risk, the right to procreate, and whether and how future people can have human rights.

Initiative Center for the Decolonization of Estonia

1995 ◽  
Vol 23 (1) ◽  
pp. 227-229 ◽  
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
International Community ◽  
Second World War ◽  
Self Determination ◽  
World War ◽  
Universal Human Rights ◽  
The Right ◽  
International Conventions ◽  
Second World

In the twentieth century, and particularly under the influence of the Second World War, the international community, in the interests of normal relations, has considered it necessary to agree on certain fundamental principles, such as the observance of universal human rights, the right of nations to self-determination, the equality of the rights of big and small nations, impermissibility of aggression, and liberation from the yoke of colonialism. These principles are written in international conventions, the UN charter and several of its resolutions, and recognized by the majority of states.

scholarly journals The Contemporary Conception of Human Rights: Between Concepts, Foundations and Distinctions

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Francisco Cleiton Silva Paiva
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Person ◽  
Second World War ◽  
Fundamental Rights ◽  
World War ◽  
Federal Constitution ◽  
Review Study ◽  
The Right ◽  
Second World

This work aims to present and discuss the contemporary conception of human rights theory.Based on the defense of the dignity of the human person, human rights are the result of conquests throughout history, having taken effect in the international order since the end of the Second World War, when the United Nations (UN) promulgated the Universal Declaration of Human Rights. Human Rights, in 1948, when this document became the normative framework for humanitarian protection worldwide. The aforementioned Declaration provides for a set of rights belonging to every human person, regardless of nationality, race, sex, religion or any other characteristic. Among these rights are the right to life, freedom, food, work, among others, which underpin a dignified existence. In contemporary theory, although there are various ways of designating human rights, such as “human rights","individual rights","fundamental rights", “natural rights", among others, these expressions have the same meaning. However, the majority doctrine essentially distinguishes two terminologies as to its scope: “human rights”, which are used to define the rights established by international law; and “fundamental rights”, which corresponds to those referring to the rights recognized and affirmed by the States, as occurs in Brazil, in the text of the Federal Constitution of 1988. In methodological terms, this article deals with a review study, categorized as qualitative (as to nature), descriptive (as to objective) and bibliographic (as to object) research.

scholarly journals Limiting the executive power after the Second World War: the invention of administrative science

2021 ◽  
pp. 002085232098559
Author(s):  
Céline Mavrot
Keyword(s):  
Human Rights ◽  
World Order ◽  
Daily Practice ◽  
Second World War ◽  
Executive Power ◽  
World War ◽  
Administrative Power ◽  
History Of ◽  
Second World ◽  
Administrative Science

This article analyses the emergence of administrative science in France in the wake of the Second World War. The birth of this discipline is examined through the history of its founders, a group of comparatist aiming at developing universal administrative principles. The post-war context prompted the creation of checks and balances against administrative power (through oversight of the legality of administrative action) and against the powers of nation states (through human rights and international organizations). Administrative science and comparative law were meant to rebuild international relations. The history of this discipline highlights a legal project to redefine the role and limits of executive power at the dawn of the construction of a new world order. Points for practitioners Looking at long-term developments in the science of administration helps to inform administrative practice by providing a historical and reflective perspective. This article shows how a new understanding of the administrative reality emerged after the fall of the totalitarian regimes of the first half of the 20th century. It highlights the different ways in which administrative power was controlled after the Second World War through greater oversight over administrative legality, the establishment of universal administrative principles and the proclamation of human rights. Questions of administrative legitimacy and the limitation of administrative power are still very much part of the daily practice of executive power, and represent a central aspect of administrative thinking.

ON THE ROLE AND RELEVANCE OF THE UNITED NATIONS AND ITS FUTURE PROSPECTS

2019 ◽  
Vol 2 (1) ◽  
pp. 33-39
Author(s):  
Михаил Елизаров
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Second World War ◽  
Future Prospects ◽  
International Peace ◽  
World War ◽  
Peace And Security ◽  
Common Goals ◽  
The United Nations ◽  
Second World

Born out of the ashes of the Second World War, the United Nations has made a major contribution to maintain international peace and security. Based on common goals, shared burdens and expenses, responsibility and accountability, the UN helped to reduce the risk of a repetition of a Word War, to reduce hunger and poverty, and promote human rights. But today, the legitimacy and credibility of the UN have been seriously undermined by the desire of some countries to act alone, abandoning multilateralism. So, do we need the UN today?

scholarly journals Church and state in South Africa and human rights

2015 ◽  
Vol 49 (1) ◽  
Author(s):  
Piet J. Strauss
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Human Dignity ◽  
Church And State ◽  
Second World War ◽  
Image Of God ◽  
World War ◽  
Central Tenet ◽  
The Image Of God ◽  
Second World

After the Second World War, there was a universal rise and greater acknowledgement of human rights, which entered churches and ecumenical organisations’ way of thinking. Human rights influenced the church’s understanding of justice and human dignity both internally and externally. The concept of human dignity came from the biblical believe that man is created in the image of God. In South Africa human rights were also increasingly recognised and respected. A charter of human rights was included as chapter 2 of the 1996 Constitution and churches regard human dignity as a central tenet of their approach to members and non-members. Differences between church and state on the issue have arisen as the result of differences on the freedom of religion. Church and state in South Africa can complement each other in the promotion of human dignity.Opsomming: Kerk en staat in Suid-Afrika en menseregte. Na die Tweede Wêreldoorlog is menseregte wêreldwyd erken en aanvaar. Dit was ook die geval in kerke en ekumeniese organisasies. Menseregte het kerke se siening van geregtigheid en menswaardigheid in hulle interne sowel as eksterne optrede beïnvloed. Die begrip menswaardigheid het ontstaan uit die bybelse oortuiging dat die mens na die beeld van God geskape is. In Suid-Afrika is menseregte ook toenemend erken en aanvaar. ’n Verklaring van menseregte is as hoofstuk 2 in die 1996-grondwet ingesluit en kerke beskou menswaardigheid as toonaangewend in hulle benadering van mense binne en buite die kerk. Verskille tussen die kerk en die staat in Suid-Afrika oor menseregte het ontstaan as gevolg van verskille oor die inhoud van die vryheid van godsdiens. Teen hierdie agtergrond kan kerk en staat mekaar egter aanvul in die bevordering van menseregte.

scholarly journals Menneskeverdet i tre nyere tolkninger som placeholder, heuristisk og «flytende signifikant»

2019 ◽  
pp. 215-237
Author(s):  
Ådne Valen-Sendstad
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Second World War ◽  
European Law ◽  
World War ◽  
Normative Concept ◽  
New Meanings ◽  
Second World ◽  
Common Understanding

In this chapter I discuss three new ways, of understanding human dignity. First, Christopher McCrudden’s concern is with the fact that there is no common understanding of the concept. He argues that dignity is a placeholder. It is open to interpretations from a diversity of normative understandings, – religious and secular. Still, he argues for a core of overlapping content within the diversity of understandings. Second, Catherine Dupré understands human dignity as a heuristic concept, open for new interpretations. The concept is in itself inexhaustible. New meanings develop in confrontation with new issues. Observing that the concept has become one of the pillars in European law and democracies, and has been crucial in several junctions when dictatorships has fallen and democracies has been established after the Second World War, she finds that the concept comes to its right in particular in transitional and transformative situations. Finally, Costas Douzinas does not work with the concept human dignity but with the concept of the human, to whom human dignity is designated in the human rights. I reinterpret his theory to also cover the normative concept human dignity. It is brought into force by proclamations, and as such becomes a transformative and life changing concept in particular for people living in need of dignity.

Chile, Spain and Latin America: The Right of Asylum at the Onset of the Second World War

1990 ◽  
Vol 22 (1-2) ◽  
pp. 353-374 ◽  
Author(s):  
Jean Grugel ◽  
Monica Quijada
Keyword(s):  
Latin America ◽  
Latin American ◽  
Second World War ◽  
Popular Front ◽  
World War ◽  
Franco Regime ◽  
To Come ◽  
The Right ◽  
Nationalist Government ◽  
Second World

In December 1938 an alliance of the Radical, Communist and Socialist parties took office in Chile, the first Popular Front to come to power in Latin America. A few months later, in Spain, the Nationalist forces under Generalísimo Franco occupied Madrid, bringing an end to the civil war. Shortly after, a serious diplomatic conflict developed between Spain and Chile, in which most of Latin America gradually became embroiled. It concerned the fate of 17 Spanish republicans who had sought asylum in the Chilean embassy in the last days of the seige of Madrid, and culminated in July 1940 when the Nationalist government broke off relations with Chile. Initially, the issue at the heart of the episode was the right to political asylum and the established practice of Latin American diplomatic legations of offering protection to individuals seeking asylum (asilados). The causes of the conflict, however, became increasingly obscured as time went on. The principles at stake became confused by mutual Spanish– Chilean distrust, the Nationalists' ideological crusade both within Spain and outside and the Chilean government's deep hostility to the Franco regime, which it saw as a manifestation of fascism. The ideological gulf widened with the onset of the Second World War. This article concentrates primarily, although not exclusively, on the first part of the dispute, April 1939–January 1940. In this period asylum, which is our main interest, was uppermost in Spanish–Chilean diplomatic correspondence.

scholarly journals Remembering who owns the river

2018 ◽  
Vol 46 (22_suppl) ◽  
pp. 5-9
Author(s):  
Gerard Hastings
Keyword(s):  
Collective Identity ◽  
Moral Agency ◽  
Second World War ◽  
World War ◽  
Global North ◽  
Health Progress ◽  
The Right ◽  
Lifestyle Diseases ◽  
First Time ◽  
Second World

We have discovered the elixir of life. For the first time in human existence we now know how we can avoid disease, make our lives healthier and more fulfilled, and even fend off the grim reaper himself (at least for a while). We may not have joined the immortals – many traps and snares continue to prey on us – but we are beginning to learn some of their secrets. Why then are we failing to grasp these heady opportunities? WHO data show that nine out of ten of we Europeans are dying of lifestyle diseases; that is diseases caused by our own choices – self-inflicted diseases. Despite the all too familiar consequences for our bodies, we continue to smoke the tobacco, swallow the junk food and binge on the alcohol that is killing us. Yes, there are systemic drivers at work – commercial marketing, corporate power, inequalities, addiction – but we don’t have to collaborate. No one holds a gun to our heads and commands us to eat burgers or get drunk and incapable. This paper argues that public health progress – and human progress more widely – depends on us solving the conundrum of this self-inflicted harm. The urgency of this task increases when we consider our irresponsible consumption behaviour more widely, and that it is not just harming our own health but everyone else’s too. Most egregiously anthropomorphic climate change is being caused by the free choices we in the wealthy global north make to drive SUVs, go on intercontinental holidays and accumulate a foolish excess of stuff. It need not be so. Historical experience and two millennia of thinking show we are capable of better. We have moral agency and we can make the right choice even when it is the difficult one. Indeed, it is this capacity and desire ‘ to follow after wisdom and virtue’, to rebel against injustice and malignancy, that makes us human and cements our collective identity. In the last century this realisation was focused by the terrible events of the Second World War and resulted in the formation of the United Nations and the Universal Declaration of Human Rights. Importantly these rights do not just protect us from oppression but enshrine in international law our entitlement to be an active participant in the process of progressive social change.

Islamic Law and Human Rights

2015 ◽  
pp. 818-842
Author(s):  
Shannon Dunn
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Second World War ◽  
World War ◽  
Legal Traditions ◽  
Universal Human Rights ◽  
Rights Discourse ◽  
And Gender ◽  
Human Rights Discourse ◽  
Second World

This article explores the question of whether Islamic law and universal human rights are compatible. It begins with an overview of human rights discourse after the Second World War before discussing Islamic human rights declarations and the claims of Muslim apologists regarding human rights, along with challenges to Muslim apologetics in human rights discourse. It then considers the issues of gender and gender equality, feminism, and freedom of religion in relation to human rights. It also examines four basic scholarly orientations to the topic of Islam and human rights since the end of the Second World War: a model that privileges a secular (non-religious) paradigm for rights; a Muslim apologist model, which privileges a purely “Islamic” conception of rights over secular models; a Marxist/postcolonial critique of rights as a western imposition of power; and a Muslim reformist paradigm of rights that highlights points of continuity between western legal and Muslim legal traditions.

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