Conclusion

2020 ◽  
pp. 210-216
Author(s):  
Lea Raible
Keyword(s):  
Human Rights ◽  
Global Justice ◽  
Political Power ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Narrow View ◽  
Wide Range ◽  
International Human

The conclusion revisits the central tenets and strands of the argument: how to understand interpretation, why jurisdiction is necessary, and how to account for it in international human rights law, how to relate it to territory, and how to apply jurisdiction as political power to a wide range of cases. It futher connects the theory of extraterritoriality developed in the previous chapters to wider considerations and takes stock of which questions have been answered and which questions remain. Finally, we consider why a narrow view of human rights might be our best option if we want to advance claims of global justice.

scholarly journals Everyday Lawmaking in International Human Rights Law: Insights from the Inclusion of Domestic Violence in the Prohibition of Torture

2021 ◽  
pp. 1-31
Author(s):  
Natalie R. Davidson
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Institutional Environment ◽  
Process Tracing ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Wide Range ◽  
International Human ◽  
Norm Change

How is international human rights law (IHRL) made “everyday” outside of treaty negotiations? Leading socio-legal accounts emphasize transnational civil society activism as a driver of norm change but insufficiently consider power dynamics and the legal-institutional environment. This article sheds light on these dimensions of IHRL by reconstructing how domestic violence came to be included in the prohibition of torture in five international and regional human rights institutions. Through process tracing based on interviews and a vast amount of documentation, the study reveals everyday lawmaking in IHRL as a complex, incremental process in which a wide range of actors negotiate legal outcomes. The political implications of this process are ambiguous as it enables participation while creating hidden sites of power. In addition to challenging existing models of international norm change, this study offers an in-depth empirical exploration of a key development in the international prohibition of torture and demonstrates the benefits of process tracing as a socio-legal methodology.

Title to Territory and JurisdictionThree and a Half Models

2020 ◽  
pp. 159-181
Author(s):  
Lea Raible
Keyword(s):  
Human Rights ◽  
International Law ◽  
Political Power ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Relationship Of ◽  
The Relationship

The very term ‘extraterritoriality’ implies that territory is significant. So far, however, my argument focuses on jurisdiction rather than territory. This chapter adds clarifications in this area. It examines the relationship of jurisdiction in international human rights law, whether understood as political power or not, and title to territory in international law. To this end, I start by looking at what international law has to say about jurisdiction as understood in international human rights law, and territory, respectively. The conclusion of the survey is that the two concepts serve different normative purposes, are underpinned by different values, and that they are thus not the same. Accordingly, an account of their relationship should be approached with conceptual care.

International human rights law: a selected annotated bibliography

2015 ◽  
Vol 29 (6) ◽  
pp. 2-8
Author(s):  
Amy Burchfield
Keyword(s):  
Human Rights ◽  
General Public ◽  
Annotated Bibliography ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Content Type ◽  
Wide Range ◽  
International Human ◽  
Just Society

Purpose – This selected annotated bibliography guides users to print and online tools for researching international human rights law. Design/methodology/approach – To research international human rights law, users may need to access a wide range of resources that represent varying levels of depth and analysis. Thus, this selected annotated bibliography reviews a selection of dictionaries, handbooks, nutshells, encyclopedias, guides and Web sites that will be useful to scholars, students, practitioners and the general public. The results of a trial search for information on the women’s human rights are included for each resource. Findings – As recent world events such as the Arab Spring and the Syrian Civil War make headlines, the need for understanding international human rights law continues to be essential to life in a just society. The resources reviewed here help researchers, practitioners and the general public better understand the human rights implications of the events happening around them today, as well as past events. Originality/value – This is an original bibliography that aims to select and review tools for researching international human rights law from a variety of types and formats. It may be valuable to librarians working in academic, school and public libraries who handle questions about human rights, legal issues and world events.

scholarly journals Due Process Is in the Details: U.S. Targeted Economic Sanctions and International Human Rights Law

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 157-162 ◽  
Author(s):  
Elena Chachko
Keyword(s):  
Human Rights ◽  
Due Process ◽  
The United States ◽  
International Standards ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
Wide Range ◽  
International Human

The United States has employed targeted sanctions—economic and travel restrictions imposed directly on natural and legal persons—in a wide range of policy areas in the past two decades. This includes counterterrorism, nonproliferation, and cyber, as well as sanctions regimes aimed at changing the behavior of various governments. A substantial literature has considered the compatibility with international human rights law of the targeted sanctions practices of other actors, particularly the UN Security Council and the European Union. But relatively few scholars have examined U.S. targeted sanctions practices from that perspective. This essay argues that in principle, current U.S. designation practices can be reconciled with international standards. However, a more robust conclusion about the practices’ compatibility with international human rights law would require more information on the application of designation procedures in individual cases.

Human Rights, Global Justice, and the Limits of Law

2019 ◽  
pp. 69-80
Author(s):  
Kate Nash
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Global Justice ◽  
The Political ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Sociological Perspective ◽  
International Human Rights ◽  
National Human ◽  
International Human

Although international human rights law is globalizing, it has inherent limits due to the fundamental paradox through which it is being institutionalized: humans have rights as such, but citizens must give themselves the law. Moreover, sociologically, respect for human rights in practice depends on how states are structured and on the political projects of officials who act ‘in the name of the state’. It depends on material and moral resources—economic, military, legitimacy, and authority—organized across nominal divisions between state and civil society and across state borders. From a sociological perspective, the author argues that human rights are necessarily political, and that the entanglement of the ‘international’ and the ‘national’, ‘human’ and ‘citizen’, is unavoidable for the progressive construction of human rights.

International Human Rights: Neglect of Perspectives From African Institutions

2006 ◽  
Vol 55 (1) ◽  
pp. 193-204 ◽  
Author(s):  
Rachel Murray
Keyword(s):  
Human Rights ◽  
Political Power ◽  
Good Practice ◽  
Third Generation ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The World ◽  
Different Types ◽  
International Human

International human rights law advocates tolerance, inclusivity and the promotion of equality among peoples, nations and individuals across the world. It seems disappointing, therefore, that these standards do not always apply to the discipline of international human rights law itself. Instead there seems to be a hierarchy in the international human rights system. Others have written about such an approach in relation to different types of rights,1 reflecting political power struggles.2 This paper will consider whether African institutions are ‘third generation’ organs and perceived as of less value than others. It will argue that international human rights law has focused primarily on European and Western sources and neglected those from other jurisdictions. It has failed, therefore, to use African institutions, for instance, to provide examples of good practice, relying on them only as examples of what not to do. As Okafor and Agbakwa state, there is evidence of a one-way traffic, with Western scholars giving the impression that they feel they have little to learn from African institutions and their experiences:

scholarly journals The right to education for humanity

2016 ◽  
Vol 67 (4) ◽  
pp. 409-432
Author(s):  
Brice Dickson ◽  
Conor McCormick
Keyword(s):  
Human Rights ◽  
Northern Ireland ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Education ◽  
International Human Rights ◽  
Wide Range ◽  
The World ◽  
International Human ◽  
The Right

This article begins by briefly surveying relevant international human rights law concerning the right to education and critiques its failure to guarantee children an education which is free from parental and/or religious domination. It then makes a positive case for guaranteeing children the right to ‘education for humanity’, meaning an education which equips them to be citizens of the world rather than captives of a particular creed, view of history or community tradition. It argues that conflicts could be reduced if schools were to focus on conveying an understanding of a wide range of beliefs and cultures. The piece then tests this position by considering the current education system in Northern Ireland, looking at six dimensions to the ongoing influence of religion on that system. It makes some suggestions for reform and ends with a more general proposal for a guaranteed right to education for humanity worldwide.

The Synthesis of Age and Gender: Intersectionality, International Human Rights Law and the Marginalisation of the Girl-Child

2009 ◽  
Vol 17 (3) ◽  
pp. 345-376 ◽  
Author(s):  
Nura Taefi
Keyword(s):  
Human Rights ◽  
Integrated Approach ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Age And Gender ◽  
Girl Child ◽  
Wide Range ◽  
International Human ◽  
And Gender

AbstractThis paper uses intersectional feminist theory to examine girls' unique positioning at the margins of age and gender. Using a wide range of examples, I consider that girls are marginalised within the category of children as female and within the category of women as children. These intersectional marginalisations reinforce one another and result in a further denial of girls' rights. A study of international human rights law demonstrates that fragmenting girls' identity into the categories of "women" and "children" causes girls to be overlooked in favour of those who are more visible. I suggest that the discourses of women's rights and children's rights must work together to establish an integrated approach to girls' rights. I propose that the appointment of a United Nations Special Rapporteur for the Girl-Child can bring this to effect in international human rights law.

scholarly journals Extraterritorial Sanctions, Transnational Corporate Activity, and State’s Duty to Protect

2021 ◽  
Vol 1 (1) ◽  
pp. 1-20
Author(s):  
Bahareh Jafarian
Keyword(s):  
Human Rights ◽  
Global Economy ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Wide Range ◽  
International Human ◽  
Duty To Protect ◽  
Business Entities ◽  
Negative Impacts

Unilateral (extraterritorial) economic sanctions, that are often imposed on states and non-state actors by another state, are incompatible with international human rights law. Major powers use their dominant positions in the global economy to attempt influence the political behaviour of states by imposing economic measures against them. Nevertheless, the principal Business and Human Rights instruments as well as other International Law instruments do not address extraterritorial sanctions and their negative impacts on the operation of foreign business entities and the consequent human rights violations. These sanctions threaten a wide range of rights and freedoms enshrined in international human rights law and cause irreparable collateral damage. This paper is a critical inquiry into the relationship between extraterritorial sanctions, their negative impacts on the operation of the business entities in sanctioned state, and sender state’s extraterritorial human rights obligations. In order to answer this question, the paper will explore state’s duty to protect in more details in the context of imposition of extraterritorial sanctions.

Sign in / Sign up

Export Citation Format

Share Document