Part II Predominant Security Challenges and International Law, Human Security, Ch.22 Institutionalized Inhumanity: From Torture to Assassination

2021 ◽  
Author(s):  
Mavronicola Natasa
Keyword(s):  
International Law ◽  
Human Dignity ◽  
Human Person ◽  
Human Security ◽  
Legal Framework ◽  
Relative Power ◽  
Human History ◽  
Security Challenges ◽  
Degrading Treatment ◽  
Over Time

Atrocity pervades human history. Over time, individuals and groups have wielded their relative power over other persons in a variety of cruel ways, not least torture and assassination. The legal framework that gradually emerged to counter such abuse reflected a deontic humanity—humanity not as it is, but as it ought to be. This deontic vision of humanity was premised on human dignity, an egalitarian idea according to which every single human person is fundamentally worthy of a certain level of respect. The lines set by international law are arguably orientated to serving as a bulwark against the desecration of this deontic humanity. The chapter considers the legal framework on torture and other cruel, inhuman, or degrading treatment or punishment and assassination, broadly conceived. It considers some of the main developments in respect of the law and the deontic humanity that underpins it as well as prominent challenges arising therein, at the heart of which are (national, global, or transnational) security structures, or appeals to security: from consequentialist arguments for abandoning the prohibition of torture, to the securitization of (groups of) persons in ways which contradict human dignity.

Part II Predominant Security Challenges and International Law, Human Security, Ch.21 Human Trafficking and Slavery

2021 ◽  
Author(s):  
Stoyanova Vladislava
Keyword(s):  
International Law ◽  
Human Trafficking ◽  
Human Security ◽  
Legal Framework ◽  
First Century ◽  
Trafficking In Persons ◽  
Security Challenges ◽  
Women And Children ◽  
Twenty First Century

Since the beginning of the twenty-first century, with the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (UNTOC Trafficking Protocol), the concept of human trafficking has become a dominant frame in addressing issues of human security. This chapter critically reviews this development by clarifying an important tension that permeates the international legal framework on human trafficking and slavery. This tension concerns the security of the individuals who might be victims of human trafficking and slavery vis-à-vis the security of the borders of their desired States of destination. Given this tension, the chapter discusses the main challenges that lie ahead in this area of international law.

Part II Predominant Security Challenges and International Law, National and Transnational Security, Ch.8 Corruption and Global Security

2021 ◽  
Author(s):  
Rose Cecily
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Social Scientists ◽  
Global Security ◽  
Legal Definition ◽  
Post Conflict ◽  
Security Challenges ◽  
State Actors ◽  
The Impact ◽  
The Relationship

This chapter studies the relationship between corruption and global security. It begins by discussing the term ‘corruption’, which lacks a legal definition and can mean different things to lawyers and to social scientists. The chapter describes the various ways in which corruption and insecurity can relate to each other. Corruption is both a cause of global insecurity and a consequence of it. In other words, corruption may lead to insecurity, and conversely, insecurity, as in post-conflict societies, may lead to corruption and to greater tolerance of it. In addition, corruption can also be a cause of security or stability, rather than insecurity. Finally, anti-corruption measures and campaigns may themselves inadvertently cause insecurity. The chapter then details the international legal framework concerning corruption. It explores the extent to which anti-corruption treaty laws can serve as tools or guides for States and also non-State actors seeking to combat corruption and promote global security. The chapter also considers one of the challenges facing researchers who study the causes and consequences of corruption, namely the difficulties involved in measuring corruption and the impact of anti-corruption laws.

scholarly journals Channeling Unilateralism

2018 ◽  
Author(s):  
Maggie Gardner
Keyword(s):  
Transaction Costs ◽  
International Law ◽  
Case Studies ◽  
Drug Trafficking ◽  
Human Security ◽  
Transnational Crime ◽  
Bilateral Agreements ◽  
Multilateral Regimes ◽  
Technical Capacity ◽  
Over Time

56 Harvard International Law Journal 297 (2015)When crime reaches across borders to threaten human security or undermine democracy, states often respond by adopting multilateral treaties that obligate each of them to suppress the transnational crime at home. These treaties help, but only to the extent that parties comply with them. Because states generally cannot enforce their laws outside their own territory, transnational criminals can evade prosecution as long as some states are unable or unwilling to meet these treaty commitments. One solution for improving compliance with these treaties may be, counterintuitively, more unilateralism. Using case studies on transnational bribery and drug trafficking, as well as thick descriptions of several more transnational criminal regimes, this Article develops a theory of “channeled unilateralism” to explain how multilateralism and unilateralism can reinforce one another to the same ends. Treaties that channel unilateralism are structured to help motivated states apply their laws to crimes that reach beyond their borders. Specifically, the treaties endorse extraterritorial application of prescriptive jurisdiction and encourage the use of bilateral agreements for enforcement cooperation. These treaty provisions lower reputational and transaction costs for motivated states to expand their enforcement efforts as long as those efforts remain within the framework set by the treaty. Over time, these expanded unilateral efforts may promote broader compliance with the treaty regime by improving information, peer-to-peer contacts, and technical capacity. When channeled effectively, strong unilateral policies may strengthen rather than weaken multilateral regimes.

Part II Predominant Security Challenges and International Law, Human Security, Ch.23 Migration, Displacement, Security, and International Law

2021 ◽  
Author(s):  
Saul Ben
Keyword(s):  
International Law ◽  
Due Process ◽  
Human Security ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Mass Migration ◽  
Security Challenges ◽  
Legal Responses ◽  
Legal Frameworks ◽  
The Relationship

This chapter discusses the relationship between mass migration, security, and international law. The security implications of migration first depend on what type of migration is at issue and what international legal frameworks accordingly apply to it. The security implications of migration, and the international legal responses to them, also depend on how security is defined. In addition, the transit of migrants may threaten human security, as it may involve loss of life during perilous journeys at sea or during remote land crossings, and exploitative practices such as enslavement or human trafficking. Further, migrants or displaced persons may themselves occasionally present hard or soft security threats. Ultimately, international legal frameworks in relation to migration generally are relatively underdeveloped, including in relation to its security dimensions. Instead, a patchwork of international norms (hard and soft), regimes, and institutions apply to different facets of the migration-security nexus. The chapter focuses on the security dimensions (including terrorism) of international law governing refugees, complementary human rights protection, and due process in the expulsion of aliens (including disclosure of classified information). It identifies gaps and challenges evident in the existing regimes, and charts contemporary developments through soft law initiatives.

Disarmament in International Law

2020 ◽  
Author(s):  
Denise Garcia
Keyword(s):  
United Nations ◽  
International Law ◽  
Environmental Law ◽  
Human Security ◽  
Legal Framework ◽  
Control Measures ◽  
Separate Branch ◽  
Peace And Security ◽  
Global Norms ◽  
The United Nations

The international regulation of armaments is an important factor and a tool to achieve international peace and security. All states will gain from the value of having weapon systems either controlled or prohibited, if the control measures are well crafted, verified, and enforced. More cooperation and compliance with global norms, set by international law that limit armaments, mean more peace and security. Less coordination and no governing rules mean a more insecure world and precarious relations among states. International disarmament law, or the law of disarmament, has evolved to constitute a separate branch of international law, similar to international environmental law and international criminal law. The biggest shift in recent years has been the rise of what is called “humanitarian disarmament” and the accompanying legal framework that developed. The focus is on humanizing international security through the setting of principled, multilateral treaties that safeguard human security, not solely national security. If faithfully implemented, international regulations on arms may reduce the humanitarian impact of violence and prevent the use of weapons of mass destruction. The codification of global norms on disarmament through international law signifies progress in international relations and improves human security worldwide. This progress is based upon the foundational legal framework set up by the United Nations Charter on disarmament. One of the main functions of the convening power of the United Nations is its responsibility to progressively codify international law and allow for its evolution. Therefore, it may also exercise such role and function within the gradual and continuing role of developing disarmament law.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

Space Debris Mitigation as an International Law Obligation

2015 ◽  
Vol 17 (3) ◽  
pp. 297-335
Author(s):  
Lawrence Li
Keyword(s):  
International Law ◽  
Space Debris ◽  
Outer Space ◽  
Legal Framework ◽  
International Responsibility ◽  
International Liability ◽  
International Instruments ◽  
Space Activities ◽  
Proper Interpretation ◽  
Debris Mitigation

Human space activities have grown rapidly in recent decades, but the international legal framework, comprising of the five space treaties, has largely remained unchanged since the 1980s. One of the consequences is that international responsibility and liability for space debris, which is a major hazard to space activities, have also remained uncertain for years. Nonetheless, States have responded to these problems by implementing national voluntary measures. More importantly, two major non-binding international instruments have been laid down by the Inter-Agency Space Debris Coordination Committee and the United Nations Committee on the Peaceful Uses of Outer Space, respectively. This article argues that, in light of recent States practice established under these international instruments, and a proper interpretation of the space treaties, it has been recognised by the international community that States are obliged to mitigate the generation of space debris, a failure of which will lead to international liability.

Trends in Global Disarmament Treaties

2020 ◽  
Author(s):  
Stuart Casey-Maslen ◽  
Tobias Vestner
Keyword(s):  
International Law ◽  
Biological Weapons ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
State Party ◽  
Chemical Weapons Convention ◽  
Support Mechanisms ◽  
Biological Weapons Convention ◽  
Over Time ◽  
Core Features

Abstract Since the adoption of the UN Charter, states have concluded numerous international disarmament treaties. What are their core features, and are there any trends in their design? This article discusses the five global disarmament treaties, namely the 1971 Biological Weapons Convention, the 1992 Chemical Weapons Convention, the 1997 Anti-Personnel Mine Ban Convention, the 2008 Convention on Cluster Munitions and the 2017 Treaty on the Prohibition of Nuclear Weapons. It first considers how a broad set of prohibitions of activities with respect to specific weapons has evolved over time. Then, it analyses the treaties’ implementation and compliance support mechanisms as well as their procedural aspects regarding entry into force and withdrawal. This article finds that a pattern has developed over the last two decades to outlaw all and any use of weapons by disarmament treaty, without first instituting a prohibition on their use under international humanitarian law (IHL). It also finds that reporting obligations, meetings of States Parties and treaty-related institutions are generally created, either directly by treaty or by subsequent state party decisions. Finally, there is a tendency to make the treaty’s entry into force easier, and the withdrawal more difficult. It is argued that these trends arise from states’ attempt to establish more easily disarmament treaties, design more robust disarmament treaties and more effectively protect civilians. The article concludes by reflecting whether these trends form the basis of a new branch of international law—international disarmament law—and discusses them in the context of emerging weapons and technologies.

scholarly journals ‘Not dead but sleeping’: Expanding international law to better regulate the diverse effects of ceasefire agreements

2020 ◽  
Vol 33 (3) ◽  
pp. 731-743
Author(s):  
Marika Sosnowski
Keyword(s):  
International Law ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Development Studies ◽  
Humanitarian Law ◽  
Economic Networks ◽  
Citizenship Rights ◽  
Geneva Conventions ◽  
Governance Institutions ◽  
New Research

AbstractCeasefire agreements are legally governed by international humanitarian law because they have generally been considered in relation to how they affect levels of violence. However, new research in the fields of anthropology, security, and development studies suggests that ceasefires can have many more ramifications. These range from their ability to influence governance institutions, property and citizenship rights, economic networks, and security mechanisms. Consequently, this article suggests that a broader legal framework is needed through which to consider ceasefires and their consequences. While canvassing the option of ceasefires being types of contractual documents or as special agreements under Common Article 3 of the Geneva Conventions, the article concludes that the best way to regulate ceasefire agreements is through an expanded version of lex pacificatoria. Rather than being governed by hard international law, such a move would allow for the implementation of more flexible programmatic standards to influence the myriad ways ceasefires are negotiated, the conduct of belligerents, and their diverse effects on the ground during wartime.

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