Catholicism and the Evolution of International Law Studies in Italy

2020 ◽  
pp. 215-233
Author(s):  
Mirko Sossai
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
International Law ◽  
Catholic Church ◽  
International Community ◽  
Christian Doctrine ◽  
Holy See ◽  
Alternative Approaches ◽  
The Great War

Although there has been no Christian doctrine of international law in Italy, Catholicism still represented a source of inspiration for various scholars during the twentieth century when addressing the question of the foundations of international law. In a period of predominant positivism, alternative approaches, rooted in the universalistic view of the Catholic Church, sought to offer a narrative of the origins of international law, based on the idea of continuity with the ancient civitas christiana. This chapter seeks to assess how the scholarly debate took into account developments in the Catholic understanding of the role of law in the international community. Three key episodes are considered: the note of Pope Benedict XV qualifying the great war as ‘useless slaughter’; the ambivalent reaction of the Holy See to the birth of universal organizations; and the position of the Papacy vis-à-vis the Universal Declaration of Human Rights.

Introduction

Veiled Power ◽  
2020 ◽  
pp. 1-14
Author(s):  
Doreen Lustig
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Human Rights ◽  
International Law ◽  
Late Nineteenth Century ◽  
Private Business ◽  
Business Corporation ◽  
Conceptual Analogy ◽  
Late Nineteenth

Corporations have limited responsibilities in international law but enjoy far-reaching rights and privileges. International legal debates often conceive of this issue as a problem of business accountability for human rights violations. Conceptually, the issue of corporations in international law has focused on whether or not they are, or ought to be, recognized as ‘subjects’ of responsibility in international law and on the adequate conceptual analogy to the corporation. The introduction presents an alternative way of thinking about the role of international law and its relevance to the private business corporation. It traces the emergence of the contemporary legal architecture for corporations in international law and shows how modern international law constitutes a framework within which businesses and governments allocate resources and responsibilities—a framework that began to operate as early as the late-nineteenth century and continued throughout the twentieth century.

The Practice and Case Law of Israel in Matters Related to International Law

1994 ◽  
Vol 28 (4) ◽  
pp. 707-730 ◽  
Author(s):  
Deborah Perla
Keyword(s):  
International Law ◽  
Catholic Church ◽  
Case Law ◽  
The State ◽  
Territorial Disputes ◽  
Diplomatic Relations ◽  
Holy See ◽  
The Status ◽  
State Of Israel

I. The Fundamental Agreement between the Holy See and the State of IsraelOn December 30, 1993, the Fundamental Agreement between the Holy See and the State of Israel was signed in Jerusalem by representatives of both parties. The agreement, which precedes the first diplomatic relations entered into between the Holy See and the State of Israel, covers areas of international relations which include both general issues such as human rights and freedom of religion and particular issues regarding Vatican-Israel relations, such as the status of the Catholic Church in Israel and the role of the Holy See in territorial disputes in the region. The goals and meanings of many of the provisions of the Agreement have as yet to be further defined however, and several of them will be discussed following a brief survey of the historical events leading to the conclusion of this agreement.

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”

Advances and progress in the obligation to return the remains of missing and forcibly disappeared persons

2017 ◽  
Vol 99 (905) ◽  
pp. 709-733
Author(s):  
Grażyna Baranowska
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Community ◽  
International Courts ◽  
Missing Persons

AbstractThis article analyzes the evolution in international law of the obligation to search for and return the remains of forcibly disappeared and missing persons. Receiving the remains of forcibly disappeared and missing persons is one of the primary needs of their families, who bring the issue to international courts and non-judicial mechanisms. This obligation has been incrementally recognized and developed by different human rights courts, which have included the obligation to search for and return the remains of disappeared persons in their remedies. In parallel to the development of the obligation by international courts, the international community has begun to become more involved in assisting in return of the remains of forcibly disappeared and missing persons to their families.

Institutionalization and Evangelization in the Argentine Church: Córdoba Under Zenón Bustos, 1905-1919

1989 ◽  
Vol 45 (3) ◽  
pp. 363-381
Author(s):  
Arthur R. Liebscher
Keyword(s):  
Twentieth Century ◽  
Pastoral Care ◽  
Catholic Church ◽  
Central City ◽  
Religious Institutions ◽  
The People ◽  
National Leadership ◽  
The Government ◽  
The Church

To the dismay of today's social progressives, the Argentine Catholic church addresses the moral situation of its people but also shies away from specific political positions or other hint of secular involvement. At the beginning of the twentieth century, the church set out to secure its place in national leadership by strengthening religious institutions and withdrawing clergy from politics. The church struggled to overcome a heritage of organizational weakness in order to promote evangelization, that is, to extend its spiritual influence within Argentina. The bishop of the central city of Córdoba, Franciscan Friar Zenón Bustos y Ferreyra (1905-1925), reinforced pastoral care, catechesis, and education. After 1912, as politics became more heated, Bustos insisted that priests abstain from partisan activities and dedicate themselves to ministry. The church casts itself in the role of national guardian, not of the government, but of the faith and morals of the people.

The Decay of Consent: International Law in an Age of Global Public Goods

2014 ◽  
Vol 108 (1) ◽  
pp. 1-40 ◽  
Author(s):  
Nico Krisch
Keyword(s):  
Human Rights ◽  
Public Goods ◽  
International Law ◽  
International Community ◽  
Global Public Goods ◽  
Community Values ◽  
International Legal Order ◽  
The Face ◽  
Common Policies ◽  
The Cost

The consensual structure of the international legal order, with its strong emphasis on the sovereign equality of states, has always been somewhat precarious. In different waves over the centuries, it has been attacked for its incongruence with the realities of inequality in international politics, for its tension with ideals of democracy and human rights, and for standing in the way of more effective problem solving in the international community. While surprisingly resilient in the face of such challenges, the consensual structure has seen renewed attacks in recent years. In the 1990s, those attacks were mainly “moral” in character. They were related to the liberal turn in international law, and some of them, under the banner of human rights, aimed at weakening principles of nonintervention and immunity. Others, starting from the idea of an emerging “international community,” questioned the prevailing contractual models of international law and emphasized the rise of norms and processes reflecting community values rather than individual state interests. Since the beginning of the new millennium, the focus has shifted, and attacks are more often framed in terms of effectiveness or global public goods. Classical international law is regarded as increasingly incapable of providing much-needed solutions for the challenges of a globalized world; as countries become ever more interdependent and vulnerable to global challenges, an order that safeguards states’ freedoms at the cost of common policies is often seen as anachronistic. According to this view, what is needed—and what we are likely to see—is a turn to nonconsensual lawmaking mechanisms, especially through powerful international institutions with majoritarian voting rules.

An International Relations Perspective on the Reform Needs of the Human Rights Council

2021 ◽  
Vol 62 (1) ◽  
pp. 43-80
Author(s):  
Wolfgang S. Heinz
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Structure And Dynamics ◽  
Human Rights Council ◽  
Local Actors ◽  
Protection Of Human Rights ◽  
The Subject

Abstract: This article approaches the matter of institutional reform of the United Nations Human Rights Council from an international relations perspective. A well-known tension exists between State representatives acting for their governments in international organisations, but whose decisions are presented as UN policies. The latter should be guided primarily by the UN Charter and public international law. However, in reality, different worldviews and foreign policy considerations play a more significant role. In a comprehensive stock-take, the article looks at four major dimensions of the Council, starting with structure and dynamics and major trends, followed by its country and thematic activities, and the role of key actors. Council reform proposals from both States and civil society are explored. Whilst the intergovernmental body remains the most important authority responsible for the protection of human rights in the international sphere, it has also been the subject of considerable criticism. Although it has made considerable progress towards enlarging its coverage and taking on more challenging human rights crises, among some of its major weaknesses are the election of human rights-unfriendly countries into its ranks, the failure to apply stronger sanctions on large, politically influential countries in the South and North, and lack of influence on human rights crises and chronic human rights problems in certain countries. Whilst various reform proposals have emerged from States and NGOs, other more far reaching propositions are under sometimes difficult negotiations. In the mid- to long-term, the UN human rights machinery can only have a stronger and more lasting impact if support from national/local actors and coalitions in politics and society can be strengthened.

Il rumore delle onde

2021 ◽  
Vol 101 (1) ◽  
pp. 58-86
Author(s):  
Camilla Tenaglia
Keyword(s):  
World War Ii ◽  
Mass Media ◽  
Catholic Church ◽  
Third Reich ◽  
Neutral Position ◽  
Holy See ◽  
Radio Broadcasting ◽  
German Speaking ◽  
The Third Reich

Abstract This essay addresses the relations between Pius XII and Germany at the beginning of his pontificate through the role of Vatican Media, especially Vatican Radio. During the interwar period, the Vatican media system (media ensemble) underwent major transformations, including the creation of a radio broadcasting station in 1931. Pacelli was one of the main agents of these improvements: as Secretary of State supporting Guglielmo Marconi’s project, as Pope through his extensive use of the mass media at his disposal, from radio to cinema. At the end of the 30s the difficult diplomatic relations between the Holy See and the Third Reich also had an impact on mass media, as shown by the election of Pacelli in March 1939. The role of Vatican Radio in Vatican diplomacy towards Nazi Germany was already clear during the events surrounding the Anschluss in 1938 and it became a tool for unofficial communication to convey more explicit stances on the regime during World War II. The same strategy was employed during the Option in Südtirol in 1939, when Catholics were able to deliver anti-Nazi propaganda thanks in part to radio in the attempt to avoid the voluntary resettlement of German-speaking Italian citizens from the area. The Holy See maintained a neutral position throughout the events, but at the same time Vatican Radio broadcast programmes in German about the condition of the Catholic Church under the Nazi regime. These broadcasts supported the efforts especially of the Archbishop of Trento Celestino Endrici and his clergy, who opposed the resettlement. Once again Vatican Radio proved a crucial tool for conveying unofficial communications while maintaining the neutral stance typical of the Holy See‘s foreign policy.

THE ROLE OF THE UNITED NATIONS IN PREVENTING HUMAN RIGHTS AND SEXUAL ABUSE IN JAMMU-KASHMIR CONFLICT

2021 ◽  
pp. 1-15
Author(s):  
Foday Yarbou
Keyword(s):  
Human Rights ◽  
International Community ◽  
Theoretical Explanation ◽  
Territorial Disputes ◽  
Jammu And Kashmir ◽  
Human Rights Abuses ◽  
The People ◽  
Human Rights Abuse ◽  
United Nation

AbstractThe conflict between Jammu and Kashmir has acquired a multifaceted character. On one hand, the conflict involves national and territorial contestations between India and Pakistan, and on the other, it entails different kinds of human rights abuses and various political demands by religious, linguistic, regional, and ethnic groups in both parts. This article aims to portrait the images and human rights abuses meted on the people of Jammu and Kashmir. It also urges and pleads to India and Pakistan and all those countries who are taking part directly or indirectly in the territorial disputes or conflict in the region of Jammu and Kashmir to end the conflict. Human rights abuse such as torture, rape, sexual harassment, murder, and unnecessary killings of the people of this region were all condemned by the author of this article. He further requests the international community such as the United Nation to take a bold step in settling the conflict in that region by passing an effective resolution at the international level that will put an end to the conflict. In this article, the author uses a qualitative research method to explore different journals and write up of scholars in finding tangible solutions to the conflict in Jammu and Kashmir. The author also uses a theoretical explanation in the article. The result of this article intends to see that all the main concerning points raised in this write-up are fully considered and implemented by the United Nation in bringing peace and stability in the region of Jammu and Kashmir. Conflict in this region has become a worrying issue in the international community and the necessary steps should be taken to bring it to halt.

THE LAW-MAKING EFFECTS OF THE FAO DEEP-SEA FISHERIES GUIDELINES

2018 ◽  
Vol 67 (4) ◽  
pp. 801-832
Author(s):  
Lene Korseberg
Keyword(s):  
Twentieth Century ◽  
South China Sea ◽  
International Law ◽  
Fisheries Management ◽  
South China ◽  
Deep Sea ◽  
International Community ◽  
Legal Regime ◽  
Substantive Content ◽  
Law Making

AbstractThe second half of the twentieth century saw major improvements in the legal regime for fisheries management. This notwithstanding, the deep seas remain largely unregulated under international law, until recently only being covered by the general environmental and management provisions found in UNCLOS. In light of this regulatory gap, this article evaluates the potential law-making effects, if any, of the FAO Deep-Sea Fisheries Guidelines, a voluntary instrument designed to provide States with a regulatory framework for the management of their deep-sea fisheries. It considers how the Guidelines may inform, interpret and influence the content of the general high-sea obligations in UNCLOS. Despite the vagueness and generality of those provisions, some indication of their substantive content has been given in recent decisions, particularly the South China Sea Arbitration. By assessing their compatibility, and their level of acceptance by the international community, this article argues that the FAO Deep-Sea Guidelines are beginning to have a law-making effect by providing an authoritative interpretation of the general high-sea obligations found in UNCLOS relating to deep-sea fisheries.

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