International Law and Human Rights: Diverging and Converging Histories

2012 ◽  
Vol 6 (3) ◽  
Author(s):  
Jean H. Quataert
Keyword(s):  
Nineteenth Century ◽  
Human Rights ◽  
Social Movements ◽  
International Law ◽  
Analytical Framework ◽  
Global Politics ◽  
Global Context ◽  
Non Linear

AbstractThis article explores ways to think about the historical intersections of international law and human rights visions and principles in a global context. It catalogues an intertwining of new historiographies, notably the recent convergence of research interests of historians and international lawyers that draws attention to non-linear analyses; the role of social movements in understanding developments in the law; and the importance of historical contexts for interpretation. It sketches one promising analytical framework to assess the dynamic interconnections of international law and human rights from the mid-nineteenth century through the formal creation of the human rights system under U.N. auspices between 1945 and 1949. It concludes with a case study of gender tensions in more recent human rights global politics to provide historically-specific examples of the new possibilities of bringing historical interpretations to the study of international law and 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 Role of Law in Counter-hegemonic Globalization and Global Legal Pluralism: Lessons from the Narmada Valley Struggle in India

2005 ◽  
Vol 18 (3) ◽  
pp. 345-387 ◽  
Author(s):  
BALAKRISHNAN RAJAGOPAL
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Social Movement ◽  
International Law ◽  
Legal Pluralism ◽  
Multiple Levels ◽  
Normative Order ◽  
The Relationship

The multiplication of legal orders is characteristic of what one could call an age of globalization and counter-hegemonic globalization. In this age, the relationship between international law and other normative orders is increasingly important. The dominant disciplinary frameworks that provide explanations of such a relationship are focused on compliance with and/or the effectiveness of international norms in domestic legal orders and are derived from international relations. In this article, I examine the limits and possibilities of such approaches through a case study of the use of law (at multiple levels) by one of India's most prominent social movements, the Narmada Bachao Andolan (Save the Narmada). The article argues that the use of law by a social movement is a concrete instance of counter-hegemonic globalization in which international law is one of many different legal orders, a situation of global legal pluralism, in which it is impossible to tell in advance which normative order will best advance cosmopolitan goals such as human rights.

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.”

scholarly journals Governmental human rights focal points in federal contexts: The implementation of the Istanbul convention in Switzerland as a case study

2021 ◽  
pp. 092405192110169
Author(s):  
Matthieu Niederhauser
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Focal Points ◽  
Human Rights Law ◽  
International Human Rights ◽  
Federal States ◽  
International Human

The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.

Digital forensics and evolving cyber law: case of BIMSTEC countries

2019 ◽  
Vol 22 (4) ◽  
pp. 744-752
Author(s):  
Sisira Dharmasri Jayasekara ◽  
Iroshini Abeysekara
Keyword(s):  
Information Technology ◽  
Design Methodology ◽  
Digital Forensics ◽  
Content Type ◽  
Global Context ◽  
Study Approach ◽  
Legal Frameworks ◽  
Work Done

Purpose The purpose of this paper is to discuss the role of digital forensics in an evolving environment of cyber laws giving attention to Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) countries, comprising Bangladesh, India, Myanmar, Sri Lanka, Thailand, Nepal and Bhutan, in a dynamic global context. Design/methodology/approach This study uses a case study approach to discuss the digital forensics and cyber laws of BIMSTEC countries. The objective of the study was expected to be achieved by referring to decided cases in different jurisdictions. Cyber laws of BIMSTEC countries were studied for the purpose of this study. Findings The analysis revealed that BIMSTEC countries are required to amend legislation to support the growth of information technology. Most of the legislation are 10-15 years old and have not been amended to resolve issues on cyber jurisdictions. Research limitations/implications This study was limited to the members of the BIMSTEC. Originality/value This paper is an original work done by the authors who have discussed the issues of conducting investigations with respect to digital crimes in a rapidly changing environment of information technology and deficient legal frameworks.

Criminogenic Policy Antithetical to Peace Policy: A Case Study of NAFTA as a Violation of International Law

2020 ◽  
pp. 016059762093289
Author(s):  
Daniel Patten
Keyword(s):  
Human Rights ◽  
International Law ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Negotiation Process ◽  
Study Analysis ◽  
Business Investment ◽  
Written Text ◽  
Case Study Analysis

Successful peace policy that enshrines human rights allows individuals to thrive economically, politically, and socially with minimal conflict. Building from literature on crimes of globalization, genocide, and human rights, the current research investigates the concept of a criminogenic policy that at its core is antithetical to peace policy. Using case study analysis, North American Free Trade Agreement (NAFTA) is found to be both criminal and criminogenic in violation of international law for two primary reasons. First, the NAFTA negotiation process was criminal and criminogenic for three interrelated reasons: (1) powerful elites heavily influenced the outcome, (2) it was undemocratic, and (3) the opposition was often repressed. Second, the NAFTA policy itself was criminal and criminogenic for two reasons: (1) NAFTA as a policy ignored all of the critical voices that predicted negative outcomes and (2) the written text of NAFTA is criminal for failing to include human rights protections while offering a litany of rights to protect business investment.

‘Our passion for legality’: international law and imperialism in late nineteenth-century Britain

2008 ◽  
Vol 34 (3) ◽  
pp. 403-423 ◽  
Author(s):  
CASPER SYLVEST
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
South African ◽  
Historical Analysis ◽  
World Politics ◽  
Late Nineteenth Century ◽  
Contemporary World ◽  
Late Nineteenth ◽  
Congo Free State

AbstractThis article deploys a historical analysis of the relationship between law and imperialism to highlight questions about the character and role of international law in global politics. The involvement of two British international lawyers in practices of imperialism in Africa during the late nineteenth century is critically examined: the role of Travers Twiss (1809–1897) in the creation of the Congo Free State and John Westlake’s (1828–1913) support for the South African War. The analysis demonstrates the inescapably political character of international law and the dangers that follow from fusing a particular form of liberal moralism with notions of legal hierarchy. The historical cases raise ethico-political questions, the importance of which is only heightened by the character of contemporary world politics and the attention accorded to international law in recent years.

Social movements, reframing investment relations, and enhancing the application of human rights norms in international investment law

2020 ◽  
pp. 1-28
Author(s):  
Moshe Hirsch
Keyword(s):  
Human Rights ◽  
Social Movements ◽  
International Investment ◽  
Human Rights Law ◽  
International Investment Law ◽  
Investment Arbitration ◽  
Public Pressure ◽  
Local Actors ◽  
Investment Law

Abstract The recent moderate trend to increasingly apply human rights law in investment awards is accompanied by certain new investment treaties which include expressed human rights provisions. An analysis of recent investment awards indicates that though there are some ‘winds of change’ in this field, it is equally noticeable that human rights law is far from being mainstreamed in international investment law. Investment arbitration procedural law is also undergoing a process of change, and the new procedural rules tend to enhance public elements in the investment arbitral system. This study is aimed at explaining these recent legal changes, highlighting the role of social movements in reframing investment relations as well as increasing public pressure to apply human rights law. These framing changes concern broadening the frame of investment arbitration (beyond the foreign investor–host state dyad), reversing the perceived balance of power between investors and host states, and zooming-in on local individuals and communities residing in host states. The discussion on factors impeding legal change in this field emphasizes the role of the private legal culture prevalent in the investment arbitration system, which is reflected and reinforced by certain resilient socio-legal frames. Informed by this analysis, the study suggests some legal mechanisms which can mitigate the inter-partes frame, and increase the application of human rights law in investment arbitration; inter alia, rigorous transparency rules that are likely to facilitate increased public pressure on tribunals and increase the participation of social movements representing local actors in arbitral processes.

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.

scholarly journals Scaling Social Movements Through Social Media: The Case of Black Lives Matter

2018 ◽  
Vol 4 (4) ◽  
pp. 205630511880791 ◽  
Author(s):  
Marcia Mundt ◽  
Karen Ross ◽  
Charla M Burnett
Keyword(s):  
Social Media ◽  
Social Movements ◽  
Potential Role ◽  
Scaling Up ◽  
Coalition Building ◽  
Online Media ◽  
Black Lives Matter ◽  
Careful Management

In this article, we explore the potential role of social media in helping movements expand and/or strengthen themselves internally, processes we refer to as scaling up. Drawing on a case study of Black Lives Matter (BLM) that includes both analysis of public social media accounts and interviews with BLM groups, we highlight possibilities created by social media for building connections, mobilizing participants and tangible resources, coalition building, and amplifying alternative narratives. We also discuss challenges and risks associated with using social media as a platform for scaling up. Our analysis suggests that while benefits of social media use outweigh its risks, careful management of online media platforms is necessary to mitigate concrete, physical risks that social media can create for activists.

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