New Instruments for Human Rights Protection in Globalization

Corporate Social ◽

New Instruments

The Ruggie principles have given new impulse to the process of developing and modernizing International Lawthrough the influence of human rights. However, this process has been developed as “soft law” measuresincluded in the corporate social responsibility activities of multinational companies, which academic opiniondeems has lessened the capacity of human rights for transforming international law into more effective and trulybinding instruments to avoid abuses against human dignity. This issue has prompted a debate concerning the roleof multinationals as subjects of international law, and the advisability of returning to more traditional andconservative approaches to governance of globalization and to effective protection of human rights from riskybusiness activities. However, thanks to Common Law traditions, this model may be transformed into binding rules,using the legal tools of private Law. This reveals the utility of such soft Law regulations in creating cultures ofrespect useful when rule of law is weak to rule relations between states, companies and people, that arise fromthe actions of private individuals rather than the activity of public law-making institutions.

International human rights protection and promotion in the Organization of Islamic Cooperation: modern trend

Journal of Law and Administration ◽

10.24833/2073-8420-2021-2-59-13-22 ◽

2021 ◽

Vol 17 (2) ◽

pp. 13-22

Author(s):

D. V. Ivanov ◽

V. P. Pchelintseva

Keyword(s):

Human Rights ◽

Islamic Law ◽

Public Law ◽

Cultural Relativism ◽

Modern Trend ◽

Human Rights Protection ◽

Rights Protection ◽

International Human

Introduction. The article is concerned with international protection and promotion of human rights by the OIC. Recent developments in the international activity of the organization serve as the thematic justification of the study in the first place, as they reveal certain modifications in its approach to human rights. The study covers several theoretical and practical problems of international public law and national legal orders.Materials and Methods. Methodology of the study includes general scientific methods, such as scientific assessment and description, scientific analysis and synthesis, abstraction, scientific explanation etc., and special methods of jurisprudence, such as historical, comparative and dogmatic methods. For the purposes of the study, universal agreements and soft law acts as well as OIC acts on human rights were studied alongside with UN databases and scientific and analytical papers on Islamic law and international public law.Results. The study revealed that activity of the OIC and its member states in the field of protection and promotion of human rights shows more compliance with the universal standards and is likely to continue in that direction. It outlines the pluralistic approach of the OIC to human rights teachings and its concurrent commitment to Islamic and universal human rights concepts. Modifications in the OIC protection of human rights of vulnerable social groups are explored.Discussion and conclusion. Activity of the OIC in the field of international human rights protection is analyzed from the standpoint of cultural relativism, the views on possible achievement of compatibility of human rights in Islam and universal standards are supported, the approach of the OIC to human rights is considered to reflect the particularities of approaches to human rights of Islamic states and international public law. At the same time ineffectiveness of certain human rights protection measures taken by some mechanisms of protection of human rights of the OIC are pointed out.

Human rights protection in the context of combating terrorism: problems of finding the optimal balance

Revista Amazonia Investiga ◽

10.34069/ai/2021.45.09.7 ◽

2021 ◽

Vol 10 (45) ◽

pp. 73-81

Author(s):

Оksana Vоlоshchuk ◽

Viktоriia Kоlеsnyk ◽

Andrii Shevchuk ◽

Olena Yushchyk ◽

Pavlo Krainii

Keyword(s):

Human Rights ◽

Law Enforcement ◽

International Law ◽

Law Enforcement Agencies ◽

Human Rights Protection ◽

Rights Protection ◽

Optimal Balance ◽

Made In

The article examines the essence and nature of terrorism in the light of the problem of observance and protection of human rights, as well as analyzes the problems that arise in the implementation of anti-terrorist activities. Emphasis is placed on the fact that it is difficult to find a balance in the observance of human rights in the implementation of various anti-terrorist measures by law enforcement agencies and the investigation of crimes related to terrorist activities. It is concluded that the fight against terrorism and the protection of human rights are goals that cannot conflict with each other in a democratic society. They complement and mutually reinforce each other, so when taking measures to stop terrorist activities, states are obliged to adhere to key principles and norms of international law, as well as specific commitments made in connection with participation in international human rights agreements.

The State Interests and the Responsibility of the State: some issues of interrelation

Law Review of Kyiv University of Law ◽

10.36695/2219-5521.4.2019.03 ◽

1970 ◽

pp. 28-34

Author(s):

Andrii Kubko

Keyword(s):

Human Rights ◽

International Law ◽

Rule Of Law ◽

The State ◽

European Convention ◽

Law And Order ◽

Human Rights Protection ◽

Rights Protection ◽

Effective Implementation ◽

Social Interests

The matter of the responsibility of the state is of core importance in view of the modern legal system. The effective implementation of the responsibility of the state serves as a safeguard for securing a rule of law principle, the respect for human rights: absent such implementation these principles would be rendered nugatory. The state responsibility has evolved during the Ukraine’s move forward to the democratic, rule of law based nation. The country’s acceding to the international law instruments in the area of human rights protection, such as the European Convention and bilateral investment treaties has also contributed to the process of strengthening of the responsibility of the state. Currently the state’s responsibility is governed by the significant segment of the domestic as well as the international law and is capable of effectuated both through the national judiciary and international courts and tribunals. The matter of the responsibility of the state is closely interrelated with the issue of the state’s interests implementation. The interests of the state are recognized both in the law and in the theory. The effective implementation of such interests, e,g, of those related to securing the national sovereignty, law and order, territorial integrity, due functioning of the state machinery etc. is an objective necessity. At the same time the state, when implementing its interests, often has to restrict, limit, interfere with other social interests, e,g. those of private persons, social groups, civil society and the private rights. The measures implemented by the state on the legislative, governmental or judicial level aimed at implementation of the state’s interests result on many occasions in the conflict between the respective state interests and those affected by such measures. This situation is capable of giving rise to the state held responsible for the violation of the undertaking in the area of human rights protection from the domestic or international law perspective. Against the above background the state is to be said to be justified in implementing the measures restricting or interfering with the private, collective, social interests where such measures pursue not only the interest of the state, but collaterally the public interest. Thus the state interest, in order to justify the state’s above measures should be a public in nature and be of general social value.

INTERNATIONAL LAW AND CHRISTIAN VALUES IN HUMAN RIGHTS

ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS ◽

10.17721/apmv.2016.127.2.73-81 ◽

2016 ◽

Vol 2 (127) ◽

pp. 73-81

Author(s):

M. Medvedieva

Keyword(s):

Human Rights ◽

International Law ◽

Historical Context ◽

Human Embryos ◽

Human Rights Protection ◽

Rights Protection ◽

European Court ◽

Christian Morality ◽

The Individual

The article considers the role of International Law in asserting Christian values in human rights protection. The author gives examples of harmonious interaction of International Law and Christian morality. According to the author, as a result of certain factors, International Law started to deviate from the principles of Christian ethics. As a result at the level of creating and implementing International Law there is a positive attitude or indifference to such destructive practices that destroy the individual, family, society, state as abortion, surrogacy, change of sex, same-sex unions, euthanasia, cloning, genetic modification, research on human embryos, etc. The article deals with these trends mainly on the example of the European model of human rights. The author analyzes the practice of interpretation and application of the Convention for the Protection of Human Rights and Fundamental Freedoms (1950) by the European Court of Human Rights regarding the aforementioned issues and concludes that in many cases the Court goes away from the historical context of the adoption of the Convention, creates new rights, and in its judgments does not take into account the arguments of a state concerning the protection of public order and public morality that looks like a dangerous trend for the International Law functioning.

Elements of Constitutionalization: Multilevel Structures of Human Rights Protection in General International and WTO-Law

German Law Journal ◽

10.1017/s2071832200012165 ◽

2003 ◽

Vol 4 (12) ◽

pp. 1359-1374 ◽

Cited By ~ 4

Author(s):

Frank Schorkopf ◽

Christian Walter

Keyword(s):

Human Rights ◽

International Law ◽

Constitutional Law ◽

World Trade ◽

Public Law ◽

International Courts ◽

Human Rights Protection ◽

Rights Protection ◽

The World ◽

National Perspective

Both internationalists and national constitutionalists are currently reflecting on changes in the basic structures of public law. From the national perspective, the process of globalization puts into question the hitherto generally accepted position of constitutional law as being at the top of the pyramid of norms. In international law, the development of subject-oriented régimes has led to a proliferation of international courts and other bodies entrusted with the resolution of disputes. This tendency entails a danger of fragmentation which contrasts with the current tendency to discover processes of constitutionalization in international law. Starting from the functions of the constitution in national law, the following paper develops in the first part elements of constitutionalization in international law in general (I.). In the second part, the identified problems are elaborated upon in more detail with respect to the law of the World Trade Organization (II.).

Making Human Rights a Reality

10.23943/princeton/9780691155357.001.0001 ◽

2013 ◽

Cited By ~ 4

Author(s):

Emilie M. Hafner-Burton

Keyword(s):

Human Rights ◽

International Law ◽

World Population ◽

International Human Rights Law ◽

Legal Norms ◽

Human Rights Protection ◽

National Human ◽

The World ◽

National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

E-Theologos Theological revue of Greek Catholic Theological Faculty ◽

10.2478/v10154-010-0011-9 ◽

2010 ◽

Vol 1 (2) ◽

pp. 117-135

Author(s):

Bożena Drzewicka

Keyword(s):

Human Rights ◽

International Law ◽

International Humanitarian Law ◽

Humanitarian Law ◽

The West ◽

Human Rights Protection ◽

Rights Protection ◽

The World ◽

International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

Feminism, Modern Philosophy and the Future of Legitimacy of International Constitutionalism

International Community Law Review ◽

10.1163/187197309x433348 ◽

2009 ◽

Vol 11 (2) ◽

pp. 219-245

Author(s):

Ekaterina Yahyaoui Krivenko

Keyword(s):

Human Rights ◽

International Law ◽

International Human Rights Law ◽

Human Rights Protection ◽

Rights Protection ◽

Adequate Understanding ◽

The Future ◽

Migrants Rights ◽

To Come ◽

International Constitutionalism

AbstractInternational constitutionalism relates to processes of limiting traditionally unrestricted powers of states as ultimate subjects, law-makers and law-enforcers of international law. Human rights occupy a central, but very confusing and confused role in the theorisation of international constitutionalism. If feminist scholars have criticised the inadequacies, shortcomings and gaps of international law of human rights at least since 1991, the doctrine of international law theorising constitutionalisation of international law until now has remained blind to these critiques idealising human rights and often using them as the ultimate legitimating factor. Thus, legitimacy and legality become confused and the distinction between them blurred in the doctrine of international constitutionalism. This in turn creates a danger of failure of the constitutionalists project itself, as it will serve to reinforce existing inadequacies and gaps in human rights protection. To illustrate this argument, I discuss some examples related to the protection of women's and migrants' rights. In order to avoid this dangerous development, I argue that international lawyers theorising international constitutionalism shall adopt an adequate, inclusive notion of legitimacy. In order to develop this adequate understanding of legitimacy, they should first take seriously feminist and other critiques of international human rights law and international law more generally. In the final parts of this article I develop my own more detailed proposals on the future of legitimacy and international constitutionalism. In doing so, I draw on the 'self-correcting learning process' developed in the writings of Jürgen Habermas, 'democracy to come' and more general views on the nature of sovereignty and human rights expressed by Jacques Derrida, as well as Levinasian 'responsibility-to-and-for-the-Other'.

Regional Human Rights

10.5771/9783748910251 ◽

2021 ◽

Keyword(s):

Human Rights ◽

Protective Mechanisms ◽

Human Rights Protection ◽

Rights Protection ◽

Protection Systems ◽

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.

Politics Of Law Human Rights Protection In Indonesia

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8354 ◽

2020 ◽

Vol 2 (4) ◽

pp. 513

Author(s):

Pradikta Andi Alvat

Keyword(s):

Human Rights ◽

Political Development ◽

Legal Protection ◽

Secondary Data ◽

Three Dimensions ◽

Reform Era ◽

Human Rights Protection ◽

Rights Protection ◽

Source Data ◽

Protection Of Human Rights

This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.