International Responsibility of Business for Violation of Human Rights – Customers’ Perspective

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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Sanctions for Protection: International Responsibility for Violations of Human Rights Obligations

10.1163/9789004478312_009 ◽

1989 ◽

pp. 277-313

Keyword(s):

Human Rights ◽

International Responsibility

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3. Human Rights in International Relations

Human Rights: Politics and Practice ◽

10.1093/hepl/9780198708766.003.0004 ◽

2016 ◽

Author(s):

Tim Dunne ◽

Marianne Hanson

Keyword(s):

Human Rights ◽

International Relations ◽

Two Dimensions ◽

State Sovereignty ◽

Human Rights Violations ◽

Human Rights Abuses ◽

International Responsibility ◽

Duty To Protect ◽

Theoretical Issues

This chapter examines the role of human rights in international relations. It first considers the theoretical issues and context that are relevant to the link between human rights and the discipline of international relations, focusing on such concepts as realism, liberalism, and constructivism. It then explores key controversies over human rights as understood in international relations as a field of study: one is the question of state sovereignty; another is the mismatch between the importance attached to human rights at the declaratory level and the prevalence of human rights abuses in reality. The chapter also discusses two dimensions of international responsibility: the duty to protect their citizens that is incumbent on all states in light of their obligations under the various human rights covenants; and the duty of states to act as humanitarian rescuers in instances where a state is collapsing or a regime is committing gross human rights violations.

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Human Rights Violations before International Tribunals: Reflections onResponsibility of International Organizations

Leiden Journal of International Law ◽

10.1017/s0922156507004281 ◽

2007 ◽

Vol 20 (3) ◽

pp. 613-636 ◽

Cited By ~ 2

Author(s):

GUIDO ACQUAVIVA

Keyword(s):

Human Rights ◽

International Law ◽

International Organizations ◽

Ad Hoc ◽

Parent Body ◽

Human Rights Violations ◽

Parallel Processes ◽

Un Security Council ◽

International Responsibility ◽

International Law Commission

The UN Security Council, as ‘parent body’ of the two ad hoc Tribunals, never introduced explicit rules on how to compensate accused persons for violations of their rights imputable to the Tribunals' organs. Notwithstanding the absence of such rules, a series of decisions by ICTYand ICTR chambers show the willingness of these institutions to address such violations when they occur. In doing so, the Tribunals appear to have followed some of the same principles on responsibility of international organizations as are being elaborated by the International Law Commission (ILC). By analysing these parallel processes, the author suggests that the elaboration of rules by the ad hoc Tribunals in the field of human rights violations and the codification by the ILC of rules on international responsibility, although distinct in aim and scope, might mutually benefit each other andshed some light on the difficulties of applying such principles in practice.

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Specyfika odpowiedzialności za naruszenia Europejskiej Konwencji Praw Człowieka związane z działalnością nieuznawanych reżimów – analiza orzecznictwa

Studia Prawnicze / The Legal Studies ◽

10.37232/sp.2016.3.2 ◽

2020 ◽

pp. 27-66

Author(s):

Szymon Zaręba

Keyword(s):

Human Rights ◽

International Criminal Tribunal ◽

Effective Control ◽

International Court Of Justice ◽

International Courts ◽

Court Of Justice ◽

European Court ◽

International Court ◽

Protection Of Human Rights ◽

International Responsibility

The aim of the article is to compare the way in which the issue of responsibility for violations related to the acts of unrecognized authorities claiming to be States is treated by the European Court of Human Rights and other international courts, particularly the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia. The article considers in detail the relations between jurisdiction and responsibility, responsibility of parent States (including the concept of “positive obligations”) and responsibility of States which provide assistance to unrecognized regimes (with emphasis put on the concept of “effective control”). The results of the study indicate that the jurisprudence of the European Court differs in several important aspects from decisions of other international courts. These differences, while undoubtedly enhancing the protection of human rights in Europe, contribute to the process of fragmentation of the law of international responsibility.

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Conclusion

10.1093/oso/9780198826224.003.0008 ◽

2018 ◽

Author(s):

Marina Sharpe

Keyword(s):

Human Rights ◽

Human Rights Law ◽

Refugee Convention ◽

Freedom Of Movement ◽

Effective Implementation ◽

Local Integration ◽

International Responsibility ◽

Institutional Architecture ◽

Key Terms

Chapter 8 concludes with a summary of the book’s main findings, which relate to the initial impetus for a regional refugee instrument, the meaning of key terms of the 1969 Convention, its relationships with the international refugee convention and with regional human rights law, and the institutional architecture supportive of this treaty framework. It also addresses several overarching issues: the lack of formal supervision of the 1969 Convention, the challenge of effective implementation, and both negative and constructive forms of international responsibility sharing. Finally, it suggests a protection priority the AU and states should focus on going forward: fostering the local integration of refugees in protracted situations, including by respecting refugees’ work rights and their freedom of movement.

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The Respect for Fundamental Human Rights in the Fight against Human Trafficking and Migrant Smuggling across the Central Mediterranean Sea

Brill Research Perspectives in Transnational Crime ◽

10.1163/24680931-12340009 ◽

2017 ◽

Vol 1 (4) ◽

pp. 1-118

Author(s):

Laura Salvadego

Keyword(s):

Human Rights ◽

Human Trafficking ◽

Control Policy ◽

Central Mediterranean ◽

Applicable Law ◽

Migrant Smuggling ◽

Migration Control ◽

Central Mediterranean Sea ◽

International Responsibility ◽

The Eu

AbstractThis study analyzes counter-smuggling and counter-trafficking operations carried out in the Mediterranean, mainly focusing on the EU operations Sophia and Themis. The purpose is to assess a number of issues linked with naval operations from a human rights perspective. These issues include the applicable law, the exercise of criminal jurisdiction over smugglers and traffickers, national strategies of coastal States as regards migration control policy and, finally, international responsibility for human rights violations perpetrated in connection with these operations. Although the study is primarily aimed at both Ph.D students and legal scholars specialized in the field, it also seeks to provide insights that may be of guidance to NGOs, legal practitioners and legislators within the EU and its Member States.

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Medical Negligence, Systemic Deficiency, or Denial of Emergency Healthcare? Reflections on the European Court of Human Rights Grand Chamber Judgment in Lopes de Sousa Fernandes v. Portugal of 19 December 2017 and Previous Case-law

European Journal of Health Law ◽

10.1163/15718093-12550407 ◽

2019 ◽

Vol 26 (1) ◽

pp. 26-43

Author(s):

Julia Kapelańska-Pręgowska

Keyword(s):

Human Rights ◽

Case Law ◽

European Convention ◽

Medical Negligence ◽

European Court ◽

State Obligations ◽

International Responsibility ◽

Grand Chamber ◽

Hard Cases

Abstract On 19 December 2017 the Grand Chamber of the European Court of Human Rights (ECtHR) delivered a judgment in the Lopes de Sousa Fernandes v. Portugal case. The judgment may be described as one of the hard cases dealing with a healthcare context, as it aimed to clarify the scope of positive substantive state obligations under the European Convention on Human Rights and the conditions of international responsibility. This article explores the judgment against the wider background of the previous case-law of the Court. It focuses on the question of the classification of healthcare problems into three categories: medical negligence, systemic deficiency, and denial of emergency healthcare, and reflects upon their ratione materiae justiciability before the European Court of Human Rights.

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The UN Human Rights Obligations and Immunity: An Oxymoron Casting a Shadow on the Transitional Administrations in Kosovo and East Timor

Nordic Journal of International Law ◽

10.1163/090273508x290717 ◽

2008 ◽

Vol 77 (1-2) ◽

pp. 105-140

Author(s):

Julia Werzer

Keyword(s):

Human Rights ◽

United Nations ◽

Fair Trial ◽

East Timor ◽

Advisory Panel ◽

Wide Scope ◽

International Responsibility ◽

The United Nations ◽

The Right ◽

Right Of Access

AbstractOn the basis of the transitional administrations in Kosovo and East Timor, this article analyzes the compatibility of the UN human rights obligations with the wide scope of immunity enjoyed by the organization and its officials. By focusing on the right to a fair trial (and especially the right of access to a court), the author submits that the almost absolute lack of judicial mechanisms to review acts of UN transitional administrations violates the local population's human rights. Although institutions such as an Ombudsperson or a Human Rights Advisory Panel (in Kosovo) have been established, they do not constitute means of protection that are reasonable alternatives to independent and impartial courts. As a corollary, the international responsibility of the United Nations is entailed.

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