Human Rights

2005 ◽  
Author(s):  
Keith Ewing
Keyword(s):  
Human Rights ◽  
International Law ◽  
Constitutional Law ◽  
Legal Systems ◽  
International Treaties ◽  
Municipal Law

This article begins with a brief discussion of what human rights are. It then considers the international treaties which have emerged to protect human rights in national legal systems, focusing on aspects of the scholarship which has developed alongside the cascade of these rights from international law to constitutional law to ordinary municipal law. This is a process which has been controversial as human rights and democracy are seen by some to be mutually dependent, but by others to be engaged in an abrasive struggle for superiority on the battleground of ideas.

scholarly journals Human Rights and the New Zealand Government's Treaty Obligations

1999 ◽  
Vol 29 (1) ◽  
pp. 57
Author(s):  
Geoffrey Palmer
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
International Law ◽  
Environmental Law ◽  
Second World War ◽  
International Treaties ◽  
Inaugural Meeting ◽  
Trade Law ◽  
Municipal Law ◽  
Second World

The International Law Association established a New Zealand branch in Wellington in 1996. This article is an edited version of the speech made by Sir Geoffrey Palmer, on the occasion of the inaugural meeting of the Association in Auckland on 30 April 1998. The author discusses the place of international law in contemporary New Zealand society, especially following the Second World War. He then goes onto discuss international law and municipal law, arguing that there is a substantial degree of overlap between the two. Parliamentary involvement with treaties is also discussed, noting that recent Parliamentary scrutiny of treaties bolsters the argument in favour of courts giving enhanced weight to treaties to which New Zealand has acceded or ratified, even where there is no complementary local legislation. The article then goes onto discuss international law providing a framework for the delivery of human rights to individuals at a domestic level, including in New Zealand. The author expresses regret at New Zealand's general failure to comply with international treaties, arguing that international environmental law and trade law were likely to present similar problems. 

scholarly journals La protección del menor desde un enfoque del Derecho Constitucional

2011 ◽  
Author(s):  
Cayetano Núñez Rivero ◽  
Adolfo Alonso Carbajal
Keyword(s):  
Human Rights ◽  
Latin American ◽  
Constitutional Law ◽  
Legal Systems ◽  
Spanish Law ◽  
Derechos Humanos ◽  
American Muslim

Sobre la protección del menor, se incide en un enfoque propio del Derecho Constitucional, a partir de las declaraciones de los derechos humanos, tanto del ámbito europeo, latinoamericano, musulmán, como de carácter global. A este respecto, se analiza la legislación española y los principios inspiradores de la misma. Se estudian igualmente los conflictos surgidos cuando tales derechos se enfrentan a otros sistemas legales de origen musulmán, que tienen su fundamento en materia de familia en sistemas canónicos jurídicos definidos por el Quaram, los Haddit, o dichos del profeta, la Umma, o decisiones de la asamblea de los creyentes, y los dictámenes de los juristas, organizados en escuelas diferentes, que configuran la Sharia.On the protection of minors, affects its own approach to constitutional law, from the declarations of human rights, both European, Latin American, Muslim, and global in nature. In this regard, discusses about Spanish law and the principles thereof. They also discussed the conflicts where such rights are facing other legal systems of Muslim origin, which are based on family legal systems defined canonical Quaram, the Haddit, or sayings of the prophet, the Umma, or decisions the assembly of believers, and the opinions of jurists, organized in different schools, which make up the Sharia.

Legislating from a Radical Hague: The United Nations Special Tribunal for Lebanon Invents an International Crime of Transnational Terrorism

2011 ◽  
Vol 24 (3) ◽  
pp. 677-700 ◽  
Author(s):  
BEN SAUL
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Crime ◽  
Domestic Terrorism ◽  
Public Confidence ◽  
International Treaties ◽  
Transnational Terrorism ◽  
National Legislation ◽  
Judicial Decisions

AbstractIn 2011, the Appeals Chamber of the UN Special Tribunal for Lebanon purported to identify a customary international crime of transnational terrorism and applied it in interpreting domestic terrorism offences under Lebanese law. This article argues that the Tribunal's decision was incorrect because all the sources of custom relied upon by the Appeals Chamber – national legislation, judicial decisions, regional and international treaties, and UN resolutions – were misinterpreted, exaggerated, or erroneously applied. The Tribunal's laissez-faire attitude towards custom formation jeopardizes the freedom from retrospective criminal punishment, subjugating the human rights of potential defendants to the Tribunal's own moralizing conception of what the law ought to be. The decision is not good for international law or public confidence in its institutions and processes.

Theory and Evidence Regarding the Effectiveness of Human Rights Treaties

2017 ◽  
Author(s):  
Daniel W. Hill, Jr.
Keyword(s):  
Human Rights ◽  
International Law ◽  
Good Evidence ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Treaties ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
Sources Of Variation ◽  
International Human

The adoption by the United Nations of the Universal Declaration of Human Rights in 1948 marked the beginning of the modern international human rights regime. Since then the number of international treaties that protect human rights, as well as the number of internationally recognized rights, has greatly increased. The increasing number and scope of international treaties attests to the fact that advocates for human rights view treaties, which are legally binding in principle, as useful tools for promoting respect for the various rights identified in international law. Only recently have scholars begun to collect and systematically examine evidence concerning the effectiveness of human rights treaties. This new body of research is motivated by a question that has obvious normative import and policy relevance: do we have good evidence that the widespread adoption of international human rights law has had any meaningful impact on the level of respect that states exhibit for the rights articulated in international law? To date, this literature suggests three sources of variation in the effectiveness of human rights treaties: (1) variation in the domestic political and legal institutions that facilitate enforcement and compliance, (2) variation in the nature of the rights protected by different treaties and the nature of violations, and (3) variation in the strength of governments’ commitments to the UN treaty regime. All three sources of variation point to opportunities to advance our understanding of the conditions under which international human rights law can achieve its goals.

scholarly journals International Constitutional Law and Judicial Review of Domestic Human Rights Legislation

ICL Journal ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 87-118
Author(s):  
Laura-Stella Enonchong
Keyword(s):  
Human Rights ◽  
International Law ◽  
Constitutional Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Domestic Sphere ◽  
International Human Rights ◽  
Human Rights Regime ◽  
International Human ◽  
Human Rights Norms

Abstract This article discusses the idea of international human rights law as ‘constitutional law’. It applies the French concept of Le contrôle de conventionnalité des lois, to demonstrate the constitutional potentials of international human rights law in the domestic sphere. In most monist constitutional systems based on the French civilian model, international law takes precedence over acts of parliament and other domestic legislation. Due in part to that hierarchy, conventionnalité permits the courts to review domestic law for compatibility with international law. From that perspective, international human rights norms can be said to have assumed a ‘para-constitutional’ function. Using two case studies from francophone Africa, this article argues that conventionnalité has the potential to play a significant role in the domestic implementation of international human rights and ultimately contributing to a more comprehensive domestic human rights regime.

Der eigentumsrechtliche Wertschutz von Anteilsrechten

2021 ◽  
Author(s):  
Jörn Griebel
Keyword(s):  
Human Rights ◽  
International Law ◽  
Constitutional Law ◽  
International Investment ◽  
European Convention ◽  
Public International Law ◽  
International Investment Law ◽  
Investment Law ◽  
The Law ◽  
German Constitutional Law

Property protection is provided by national law as well as international law. The study seeks for an explanation regarding the divergent approaches to the protection of shareholders in cases of reflective loss provided for in German constitutional law and various fields of public international law. This is done by way of a comparison of the German approach with those found in the law of aliens, in the European Convention on Human Rights and under international investment law. This results in the finding that approaches of international law partly fail to establish the necessary bonds to recognized concepts of national law.

State Immunity and Fundamental Human Rights

1998 ◽  
Vol 11 (1) ◽  
pp. 9-43 ◽  
Author(s):  
Magdalini Karagiannakis
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal System ◽  
Case Law ◽  
Legal Systems ◽  
State Immunity ◽  
Analytical Approaches

Should state immunity from jurisdiction be denied to states that violate fundamental human rights in breach of international law? This article critically discusses three analytical approaches which can be used to answer the question at the level of international law. These approaches are derived from a review of principles of state immunity and fundamental human rights, including ius cogens. The article goes on to examine why the results dictated by these approaches at the level ot international law may not be reflected by municipal legal systems, using US domestic statutes and case law as an example of how a domestic legal system has dealt with this question.

The ‘Equivalent Protection Test’: From European Union to United Nations, from Solange II to Solange I

2014 ◽  
Vol 10 (2) ◽  
pp. 226-262
Author(s):  
Sébastien Platon
Keyword(s):  
European Union ◽  
Human Rights ◽  
United Nations ◽  
Constitutional Law ◽  
German Law ◽  
European Convention ◽  
Legal Systems ◽  
French Law

Human rights – European Convention on Human Rights – European Union – United Nations – Smart sanctions – Constitutional law – French law – German law – Conflicts between legal systems – Equivalent protection – Solange

scholarly journals Should or Must?: Nature of the Obligation of States to Use Trade Instruments for the Advancement of Environmental, Labour, and Other Human Rights

2007 ◽  
Author(s):  
Stephen J. Powell
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transnational Corporations ◽  
Harm Principle ◽  
Human Rights Violations ◽  
International Treaties ◽  
The U.S ◽  
Alien Tort Statute

This article examines whether customs, treaties, and historical facts have caused the ethical human rights obligations of economically powerful states to assume a legal quality. The author argues that the legal quality of these obligations may arise from the global harm principle of international law and human rights obligations found in treaties. As a consequence, states may be held accountable for the human rights violations of transnational corporations. Further, the author examines the possibility of pursuing claims under the U.S. Alien Tort Statute for torts committed in violation of international treaties as another avenue for enforcing human rights obligations.

scholarly journals The problem of applying reservations to international human rights agreements

2021 ◽  
pp. 68-73
Author(s):  
Ivanna Maryniv ◽  
Liubov Rudai
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Regulation ◽  
European Convention ◽  
Effective Control ◽  
International Treaties ◽  
International Human Rights ◽  
European Court ◽  
Human Rights Treaties ◽  
International Human

A problem statement. Human rights law, as a branch of public international law, to date, is mainly codified and consists mainly of treaty rules contained in universal and regional conventions. At the same time, in most cases, the parties to these agreements make reservations of both a substantive and procedural nature that apply to all generations of human rights. The question arises as to the legitimacy of the reservations declared by states to international acts on human rights and freedoms. Аnalysis of research and publications. Many international lawyers deal with the issue of reservations to human rights treaties and their validity. Thus, the works of E.S. Alisievich, are devoted to this issue, I.I. Lukashuk, V.G. Butkevich, V.L. Tolstoy, M.V. Buromensky and others. However, there are a number of problems with the legal regime of reservations to human rights treaties. The main thesis that reveals their essence is that there is no mechanism for effective control over the legitimacy of such reservations. The main text. The article considers the concept of reservations to international treaties, examines the problem of issuing reservations to international human rights treaties. The application of the institution of reservations is studied on the example of certain international treaties in the field of human rights, such as: the European Convention on Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the African Charter on Human and Peoples’ Rights. The case law of the European Court of Human Rights on the application of reservations to the European Convention on Human Rights is studied. Conclusions. Today, the sovereign right of every state to stipulate international treaties is firmly established in international law, but there is no clear legal regulation of this institution that would prevent abuses by states in this area. We see the need to further study the institution of reservations to human rights treaties, its development and the development of general principles, procedures, and control over their legitimacy.

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