Ch.1 Introduction

2020 ◽  
Author(s):  
Vrdoljak Ana Filipa ◽  
Francioni Francesco
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Governmental Organizations ◽  
Intangible Heritage ◽  
Non Governmental Organizations ◽  
Key Stakeholders ◽  
Special Rules ◽  
Definition Of ◽  
International Instruments

This chapter provides an introductory overview to the Handbook. It outlines the definition of cultural heritage as covered by the key international instruments covering movable and immovable, tangible and intangible heritage. It outlines the role of key stakeholders including States, the international community, individuals, groups and communities (including Indigenous peoples), and experts and non-governmental organizations. Finally, the structure of the Handbook is explained. It outlines that there are special rules covering cultural heritage in most specialist areas of international law. It signposts how practice relating to cultural heritage is influencing the development of the rules of general public international law. Likewise, it notes that cultural heritage is influencing disputes resolution processes, integral to the interpretation and implementation of these rules. Finally, the role of regional practice in Africa, Asia, Oceania, the Americas, Europe, the Middle East, and North Africa is flagged.

Psychiatric commitment: over 50 years of case law from the European Court of Human Rights

2006 ◽  
Vol 21 (7) ◽  
pp. 427-435 ◽  
Author(s):  
G. Niveau ◽  
J. Materi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Time Frame ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
European Court ◽  
Right To Information ◽  
Definition Of ◽  
Respective Number

AbstractPurposeTo extensively review the European Court of Human Rights (ECHR) case law concerning psychiatric commitment, and to estimate the role of this supranational jurisprudence in the practice of contemporary psychiatry.MethodUsing keywords to search the ECHR computerized database “HUDOC”, we reviewed all cases concerning psychiatric commitment registered between September 1953 and December 31, 2004. Four groups were identified: applications declared inadmissible; applications accepted but not judged by the Court; pending cases; and cases judged by the Court.ResultsOf the almost 118,000 decisions taken by the ECHR in this time frame, we found 108 situations concerning psychiatric commitment. Forty-one of these applications were considered by the Court to be inadmissible. Twenty-four other cases were considered admissible but not judged by the ECHR. Three admissible cases were still pending at the end of 2004. The ECHR judged 40 cases, and found in 35 of them that one or several rights as guaranteed by the Convention had been violated.DiscussionThe ECHR protects the human rights of persons subjected to involuntary psychiatric commitment by creating supranational law in the following areas: definition of “unsoundness of mind”; conditions of lawfulness of detention; right to a review of detention by a Court; right to information; right to respect for private and family life; and conditions of confinement, which address inhuman and degrading treatment. The respective number of applications submitted to the ECHR did not depend on when the Convention had entered into force in that country.ConclusionThe possibility of an individual to access the ECHR depends on the degree of democracy in his country and on the access to legal assistance through non-governmental organizations or individual intervening parties.

scholarly journals An Introduction: International Law as Instrument

2019 ◽  
Vol 113 ◽  
pp. 1-2
Author(s):  
Rebecca Ingber ◽  
Neha Jain ◽  
Rahim Moloo
Keyword(s):  
Climate Change ◽  
International Law ◽  
International Organizations ◽  
Cross Border ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Humanitarian Crises ◽  
International Legal System ◽  
Fact Finding

Discussions of international law often focus on questions of constraint and prohibition. This year's Annual Meeting considered the role of international law as an instrument. Actors on the international stage use a variety of tools to address their concerns, from climate change to economic development; from humanitarian crises to cross-border disputes; from commercial regulation to global trade. Governments and international organizations employ diplomacy and coercion, corporations use negotiation and persuasion, and non-governmental organizations engage in fact-finding and advocacy. And all of these actors affect and are affected by international law and use the international legal system to effectuate change and solve problems.

scholarly journals The International Community’s Fight Against Doping in Sport: UNESCO’s Role and Place

2019 ◽  
pp. 16-29
Author(s):  
A. O. Orlov
Keyword(s):  
International Law ◽  
General Assembly ◽  
Intergovernmental Organization ◽  
Governmental Organizations ◽  
Leading Role ◽  
Non Governmental Organizations ◽  
Doping In Sports ◽  
Un General Assembly ◽  
Public Monitoring

The article is devoted to the problem of doping in the sport of high achievements (“big sport”). The author notes the leading role of UNESCO in the fight against this evil as an international intergovernmental organization, endowed with appropriate powers by the UN General Assembly. He believes that various non-governmental organizations (WADA, IOC, etc.) should play a supporting role, which will avoid potentially very dangerous situations for international law, when nongovernmental organizations assume the authority to condemn or accuse sovereign States of non-compliance with certain requirements or to attribute to them the implementation of certain policies. Emphasizing the importance for Russian sport to be at the forefront of the fight against doping in sports, the author focuses on the need to quickly overcome the doping crisis faced by Russian sport in recent years. In this context, he proposes to establish strict public monitoring of the processes taking place in the “big sport” of Russia.

New Responses to the Legitimacy Crisis of International Institutions: The Role of ‘Civil Society’ and the Rise of the Principle of Participation of ‘The Most Affected’ in International Institutional Law

2021 ◽  
Author(s):  
Jochen von Bernstorff
Keyword(s):  
Civil Society ◽  
International Law ◽  
International Institutions ◽  
Discursive Strategies ◽  
Governmental Organizations ◽  
Theoretical Approaches ◽  
Civil Society Participation ◽  
Non Governmental Organizations ◽  
Legitimacy Crisis

Abstract The article offers a description and assessment of the most important discursive strategies used to enhance and justify various models of ‘civil-society participation’ in international institutions since the late 19th century. It starts from the assumption that the two main rationales for, or concepts of, ‘civil-society’ participation are functionalism and democratization. The article also notes that, as an offshoot of the democratization rationale, a new empirical and discursive 21st-century trend has partially replaced classic non-governmental organizations (NGOs) with so-called ‘affected person’s organizations’ in international institutions. In this context, the article claims that the field of international institutional law is currently witnessing the rise of a principle of participation of ‘the most affected’. This shift arguably is an institutional strategy to respond to a profound legitimacy crisis of both international NGOs and the so-called ‘global governance’ structures shaped over the last 30 years. Against the backdrop of various theoretical approaches to the problem of representation and affectedness in political philosophy and international law, the article critically assesses if, and to what extent, the involvement of ‘the most affected’ in international organizations can alter the legitimacy resources of international law and its institutions.

The International Regulation and Governance of Time

2019 ◽  
Vol 22 (1) ◽  
pp. 394-426
Author(s):  
Andreas Witte
Keyword(s):  
International Law ◽  
Time Of Day ◽  
International Regulation ◽  
Daylight Saving ◽  
Governmental Organizations ◽  
System A ◽  
Non Governmental Organizations ◽  
Definition Of ◽  
Government Laboratories ◽  
Calendar Dates

The paper examines the system for the regulation and governance of time, both with respect to the time of day (i.e., clock readings), and calendar dates. Sub-topics of the two areas include the definition of Universal Time Coordinated (UTC), time zones, daylight saving time, and the International Date Line (IDL). The analysis begins, for both areas, by briefly sketching out the scientific background—without which the subsequent legal and institutional discussion would not be meaningful—and the historical development. It then goes on to describe the present-day mechanism for the regulation of both areas. This examination will reveal noteworthy differences: whereas the regulation of clock readings is based on a complex interplay between national statutes and government laboratories, international organizations, and non-governmental organizations, hardly any formal legal or institutional framework is in place for the regulation of calendars. An explanation for this discrepancy is suggested. The paper then proceeds to address questions of interpretation where international legal instruments make reference to time without specifying the relevant time reckoning system; a solution is proposed which builds on 19th-century domestic litigation, adapted to the context of public international law. A final paragraph draws more general conclusions and undertakes a brief outlook into the future.

scholarly journals O.I.T.A.F. and CEOC as examples of international organizations and associations dealing with transportation by rope

2017 ◽  
Vol 2017 (3) ◽  
pp. 12-19
Author(s):  
Sebastian Rudnik
Keyword(s):  
International Law ◽  
International Organizations ◽  
Public International Law ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Definition Of

The purpose of this article is an attempt of describing the fundamental problems associated with the nature of international non-governmental organizations. The paper analyses the definition of international organizations (governmental and non-governmental) functioning in public international law. The classification of international non-governmental organizations will be also presented, as well as the examples of the functioning of the two international organizations dealing with transportation by rope and safety of technical devices.

Part II The Treaty-Makers, 8 NGOs in International Treaty-Making

2020 ◽  
Author(s):  
Raustiala Kal
Keyword(s):  
International Law ◽  
Large Degree ◽  
Special Interests ◽  
International Treaty ◽  
Fundamental Level ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Relationship ◽  
Key Questions

This chapter surveys the role of non-governmental organizations (NGOs) in treatymaking. It asks four key questions about the relationship between NGOs and treatymaking. First, what roles do NGOs play today in treaty processes, and how have these roles changed? Second, what explains the increased prominence of NGOs? Third, are NGOs a salutary addition to treatymaking or illegitimate special interests? And finally, Fourth, what is the broader significance of NGO activity for international law and international order? NGOs are clearly important players in treatymaking today. But their roles remain, to a large degree, circumscribed and controlled by States. At the most fundamental level, the presence of NGOs in contemporary treatymaking and implementation is a sign of the expansion of the domain of treatymaking.

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