Gender, Justice, and the Problem of Culture: From Customary Law to Human Rights in Tanzania. Dorothy L. Hodgson. Bloomington: Indiana University Press, 2017. 204 pp.

The paper deals with the issue of the diplomatic protection in international law and its development through the history of the international community. In this sense, the author investigates the practice of states regarding the application of diplomatic protection and the steps taken by the International Law Commission of the United Nations on the codification of this area. In 2004 International Law Commission adopted at first reading a full set of draft articles. In this paper is presented judicial practice, especially of the International Court of Justice, in the field of diplomatic protection in order to evaluate whether the approach of the Court to diplomatic protection has become more human-rights oriented in the last few years. Author presents the development of customary law rules relating to diplomatic protection and its transition into a whole system of rules through the work of the International Law Commission. In this sense, these are the basic stages in the codification of rules on diplomatic protection and the United Nations contribution to the protection of the rights of foreign nationals. This article points the development of universal and regional mechanisms to protect human rights and highlights the impact of those mechanisms on traditional measures of diplomatic protection.

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Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters

10.4324/9781315778792 ◽

2014 ◽

Cited By ~ 22

Author(s):

Brendan Tobin

Keyword(s):

Human Rights ◽

Indigenous Peoples ◽

Customary Law

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Functions of compensation for human rights violation in international and national judicial decisions

Meždunarodnoe pravosudie ◽

10.21128/2226-2059-2021-1-81-101 ◽

2021 ◽

Vol 11 (1) ◽

pp. 81-101

Author(s):

Dmitry Kuznetsov

Keyword(s):

Human Rights ◽

Effective Means ◽

National Court ◽

Case Law ◽

The State ◽

Customary Law ◽

Human Rights Violations ◽

Complex Nature ◽

European Court ◽

International Responsibility

When establishing human rights violations committed by the state, should it be violation of internationally protected rights or constitutional rights, the violator is obliged to compensate for the harm caused. In the meantime, neither international sources, nor national legal acts and case law answer the question whether the obligation to compensate is exhausted by the compensation awarded in accordance with a decision of an international judicial body or such a payment has punitive nature, and the state keeps the obligation to compensate the damage within the frameworks of national proceedings. Following the first part of opening remarks the second part of the article studies universal international law approach towards the state obligation to compensate for human rights violations, it reviews positions of the International Court of Justice, the model established in international customary law of international responsibility. The third part discusses the compensation mechanism of the European Court of Human Rights and a number of cases where the Russian Federation was the respondent state. The forth part considers national regulation of the Council of Europe states and case law thereof. The author argues that the established international case law in respect of awarding compensations for human rights violations is too restrictive – it does not take into account a complex nature of this phenomenon which includes both correction of the individual applicant situation (restitution of the pre-existed situation) and prevention of similar situations in the future. It is concluded that awarding the compensation by an international body primarily constitutes a measure of international responsibility whereas consideration by a national court is a more effective means of restitution of the applicants rights and that the national court shall not deny consideration of applicants claims due to the fact that they have already been awarded compensation by the international judicial body including the European Court of Human Rights.

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