Part III Structural Principles, Ch.17 Solidarity

2013 ◽  
Author(s):  
Wolfrum Rüdiger
Keyword(s):  
Human Rights ◽  
Environmental Law ◽  
Humanitarian Assistance ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Trade Law ◽  
Structural Principles ◽  
International Human ◽  
The Impact

This article examines the role and influence of the principle of solidarity on international human rights law. It analyses the pronouncement of the United Nations on solidarity and the impact of solidarity on some international legal regimes concerned with peace, trade law and environmental law. This article argues that solidarity not only facilitated the internationalization of human rights concerns but also significantly influenced modern doctrines of reparations for human rights victims, the responsibility to protect and humanitarian assistance.

Part III Structural Principles, Ch.16 Sovereignty

2013 ◽  
Author(s):  
Van Der Vyver Johan D
Keyword(s):  
Human Rights ◽  
State Sovereignty ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Fundamental Freedoms ◽  
Structural Principles ◽  
International Human ◽  
Human Rights Norms ◽  
The Impact

This article examines the impact of the principle of state sovereignty on the enforcement of international human rights law. It contends that while state sovereignty may still be an obstacle to the implementation of human rights and fundamental freedoms within many municipal legal systems, governments that engage in serious violations of the internationally accepted human rights norms will inevitably bear the brunt of their unbecoming laws and practices. This article also argues that state sovereignty is thus no longer an absolute right and that its implementation has become subordinate to the values imbedded in the human rights doctrine.

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.

The Oxford Handbook of International Human Rights Law

2013 ◽  
Keyword(s):  
Human Rights ◽  
International Institutions ◽  
Well Being ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
History Of ◽  
Structural Principles ◽  
International Human ◽  
Cultural Origins

This volume explores the principle and history of international human rights law. It addresses questions regarding the sources of human rights, its historical and cultural origins and its universality. It evaluates the effectiveness of procedures and international institutions in enforcing and ensuring compliance with human rights. This volume investigates the underlying structural principles that bind together the internationally-guaranteed rights and provide criteria for the emergence of new rights. It also evaluates whether the international human rights project has made a difference in the lives and well-being of individuals and groups around the world.

Hong Kong's Bill of Rights: Its Reception of and Contribution to International and Comparative Jurisprudence

1998 ◽  
Vol 47 (2) ◽  
pp. 306-336 ◽  
Author(s):  
Johannes M. M. Chan
Keyword(s):  
Human Rights ◽  
Hong Kong ◽  
Interesting Case ◽  
International Human Rights Law ◽  
Political Rights ◽  
Bill Of Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Impact

The Hong Kong Bill of Rights Ordinance entered into force on 8 June 1991. Its purpose is to incorporate into the law of Hong Kong the provisions of the International Covenant on Civil and Political Rights (“the ICCPR”) as applied to Hong Kong. Being one of the first occasions where the ICCPR has been given direct legal force in a common law jurisdiction, the Hong Kong experience will provide an interesting case study on how an international human rights instrument is received and interpreted in domestic law. Indeed, shortly after the coming into operation of the Hong Kong Bill of Rights Ordinance, the late Professor Opsahl predicted that it would give the ICCPR, and by implication the Human Rights Committee, a potential impact on the Hong Kong domestic legal system which could hardly be expected in other countries. He even suggested that, in dealing with matters which the Human Rights Committee has not yet considered, the interpretation of the Hong Kong courts in applying the Bill of Rights may provide a useful supplement to international human rights law. The Bill of Rights Ordinance is now seven years old. This article will address two issues: first, the impact international and comparative jurisprudence has had on the interpretation of the Hong Kong Bill of Rights and, second, the contribution the Hong Kong jurisprudence on the Bill of Rights has or could have made to the development of international and comparative human rights law.

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