From Above and Below

1993 ◽  
Vol 26 (3) ◽  
pp. 259-285 ◽  
Author(s):  
ALISON BRYSK
Keyword(s):  
Human Rights ◽  
International System ◽  
Critical Role ◽  
International Human Rights ◽  
International Response ◽  
Human Rights Regime ◽  
Human Rights Movement ◽  
Protection Of Human Rights ◽  
Affective Information ◽  
The Impact

What role does the international system play in amplifying the impact of domestic social movements on social change? The Argentine human rights movement reached the international system through the projection of cognitive and affective information—persuasion. International response was facilitated by the international human rights regime, and transnational nongovernmental organizations (NGOs) played a critical role. This challenge from above and below did have a clear impact on the target government and the development of broader mechanisms for the protection of human rights—even under the most severe conditions of repression and powerlessness.

scholarly journals Dynamics of International Human Rights in Japan

Refuge ◽  
1999 ◽  
pp. 22-31
Author(s):  
Kohki Abe
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Preliminary Evaluation ◽  
International Human Rights ◽  
Human Rights Regime ◽  
Protection Of Human Rights ◽  
International Human ◽  
Individual Petition

Starting with a preliminary evaluation of Canadian human rights practices, the author critically traces the development of international human rights ih Japan. While the country has been aflfcted favourably by the newly-emerging international human rights regime, judicial reluctance to acknowledge the relevance of human dignity leads the author to conclude that there is still a long way to go in achieving the desired situation. The article ends with a calI for the acceptance of treaty-based individual petition procedures, which in his view may effectively induce the judiciary to open up to the universal norms for the protection of human rights.

scholarly journals The Conservationist Principle under International Humanitarian Law versus a Transformative Occupation in a Human Rights Context

2019 ◽  
Vol 06 (01) ◽  
pp. 27-49
Author(s):  
Maria Yánez
Keyword(s):  
Human Rights ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
Human Rights Regime ◽  
Protection Of Human Rights ◽  
International Human ◽  
The Law

This article presents a discussion about the necessary evolution of the law of occupation facing the obligations set for by the International Human Rights regime, based on the law of State responsibility. In the first section of this two-part study, the article delivers a state of the art through the analysis of doctrine and both universal and regional jurisprudences on State responsibility based on the extraterritorial application of International Human Rights Law. On the second part, the article provides analysis on temporal (beginning and end) and territorial aspects of occupation that have a direct impact on the obligation to respect and to ensure the rights of every subject to the State’s jurisdiction. In the final section, the article discusses the clash between the traditional conservationist principle and the transformative occupation principle. This study employed a logic-inductivist method. To conclude the discussion, this study is in the position that the conservative principle under International Humanitarian Law is considered archaic; and should give way to better protection of human rights in an international occupation context.

scholarly journals India: A Model for the Enforcement of Economic, Social, and Cultural Rights

2019 ◽  
Vol 37 (2) ◽  
Author(s):  
Lawrenz Fares
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Right To Food ◽  
Cultural Rights ◽  
Human Rights Regime ◽  
International Human ◽  
Civil And Political Rights ◽  
The Right ◽  
The Impact

Under the modern international human rights regime, all people are entitled to two categories of rights: civil and political rights and economic, social, and cultural rights. While the judicial enforcement of civil and political rights is commonly accepted in virtually every country in the world, there is a significant degree of hostility towards the judicial enforcement of economic, social, and cultural rights. Critics have long held that the enforcement of these rights in the courtroom would be inherently undemocratic and unmanageable. This belief, and the general aversion to the judicial enforcement of these rights, is primarily rooted in the fact that the enforcement of these rights would require compelling the government to spend vast sums of money in the form of welfare programs. However, India has overcome these criticisms and emerged as a model for the enforcement of these rights. The following paper will serve to lay a foundational understanding of the modern international human rights regime, look to the functionality of both sets of rights, and examine how Indian jurisprudence has come to allow the enforcement of economic, social, and cultural rights in the courtroom. From there, this paper will examine PUCL v. Union of India, the landmark case that recognized the right to food in India, the impact this case has on the lives of the Indian people, and the economic impact of protecting the right to food in an attempt to demonstrate that the judicial enforcement of these rights is not only possible, but can also be done in an effective manner.

Influence of the ICCPR in Asia

2018 ◽  
Author(s):  
Yogesh Tyagi
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Factors Affecting ◽  
Judicial Discourse ◽  
International Human ◽  
Golden Jubilee ◽  
Civil And Political Rights ◽  
The Impact

The golden jubilee of the International Covenant on Civil and Political Rights (ICCPR) coincides with the emergence of Asia as a centre of global attention. However, greater attention to Asia has been accompanied by some scepticism over its attitude towards human rights. The chapter provides an overall assessment of the impact of the ICCPR on the major Asian States, with an analysis of the factors affecting such influence. The chapter considers the involvement in, observance of, and compliance with the provisions of the ICCPR by these States. It further delves into the academic and judicial discourse on the ICCPR within these States, recording the domestic disposition towards judgments of foreign courts, the output of the Human Rights Committee, and the work of other international human rights bodies. It makes suggestions for developing mechanisms to improve the effectiveness of the ICCPR and for creating databases to perform further research in the area.

Regional Human Rights

2021 ◽  
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Protective Mechanisms ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Systems ◽  
Protection Of Human Rights ◽  
International Human ◽  
Local Languages ◽  
Specific Country

Regional human rights mechanism are now in place covering nearly all five continents with the notable exception of Australia. Regional and international human rights protection are not meant to thwart each other. On the contrary, the regional protection of human rights is intended to back up and strengthen the international one by translating human rights into local languages and supporting them with additional protective mechanisms like commissions and courts that enforce regional human rights documents. In this volume, five experts from various continents will introduce regional human rights protection systems in Europe, Africa, Asia, Latin America and Australia providing an overview of the regional protections vis-à-vis the international one and then contextualising it in specific country context.

The role of international human rights organisations in the context of the conflict in Eastern Ukraine

2021 ◽  
Vol 28 (1) ◽  
pp. 24-31
Author(s):  
Nina I. Karpachova
Keyword(s):  
Human Rights ◽  
Current Status ◽  
Human Rights Violations ◽  
International Human Rights ◽  
Quantitative And Qualitative Research ◽  
Human Rights Organizations ◽  
High Commissioner ◽  
Protection Of Human Rights ◽  
International Human

The task of this paper is to study the role of international human rights organizations in response to the conflict taking place in eastern Ukraine. The study is based on recent reports from the Office of the UN High Commissioner for Human Rights and the OSCE on Ukraine. The relevance of the stated topic is determined by the situation with human rights violations in the armed conflict in Ukraine and the significant role of international human rights organizations, making active efforts to resolve it. The purpose of this study is to determine the main aspects of the role that international organizations play in resolving this range of issues. This will help to identify potential opportunities to tackle the problem with human rights violations in the Ukrainian territories. The study combines quantitative and qualitative research of the entire spectrum of issues brought into the subject. The main results obtained are: analysis of the role and place of international human rights organizations in assessing the situation with the conflict in the Ukrainian territories and obtaining statistical information on the current status of human rights violations in these territories. The value of this paper lies in obtaining practical recommendations for finding ways to peacefully resolve the conflict in the East of Ukraine and implementing comprehensive measures to create conditions for the protection of human rights in this region

Historical Contingencies in the Evolution of States and Their Militaries

2018 ◽  
Vol 71 (1) ◽  
pp. 126-161
Author(s):  
Jonathan Bendor ◽  
Jacob N. Shapiro
Keyword(s):  
International Relations ◽  
Law Of Large Numbers ◽  
International System ◽  
Critical Role ◽  
Selection Environment ◽  
Large Numbers ◽  
Key Players ◽  
Chance Events ◽  
The Impact ◽  
Do So

AbstractHistorians and some scholars of international relations have long argued that historical contingencies play a critical role in the evolution of the international system, but have not explained whether they do so to a greater extent than in other domains or why such differences may exist. The authors address these lacunae by identifying stable differences between war and other policy domains that render the evolution of the international system more subject to chance events than those other domains. The selection environment of international politics has produced tightly integrated organizations (militaries) as the domain’s key players to a much greater degree than other policy domains. Because there are few players, no law of large numbers holds, and because militaries are tightly integrated, microshocks can reverberate up to macro-organizational levels. The anarchic character of the international system amplifies the impact of these shocks. The authors explore these phenomena in a range of historical examples.

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