scholarly journals The use of pacta sunt servanda principle during human rights and liberties protection

2015 ◽  
Vol 2 (4) ◽  
pp. 62-68
Author(s):  
A V Ivanov
Keyword(s):  
Human Rights ◽  
International Law ◽  
Great Influence ◽  
Special Role ◽  
International Treaties ◽  
National Authority ◽  
Legislation And Jurisprudence ◽  
National Legislation ◽  
International Obligations

The important circumstance during the protection of human and citizen’s rights and liberties is usage of international law and opportunities of UNO international mechanisms. International treaties play a special role among generally recognized international law principles, the significance of these acts is huge and it’s hard to overestimate nowadays. International treaties have a great influence on national legislation and jurisprudence. The effectiveness of any international act depends on conscientious adherence of assumed international obligations by all members (the observance of pacta sunt servanda principle) and also conscientious fulfillment of international organs’ decisions by national authority.

Legislating from a Radical Hague: The United Nations Special Tribunal for Lebanon Invents an International Crime of Transnational Terrorism

2011 ◽  
Vol 24 (3) ◽  
pp. 677-700 ◽  
Author(s):  
BEN SAUL
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Crime ◽  
Domestic Terrorism ◽  
Public Confidence ◽  
International Treaties ◽  
Transnational Terrorism ◽  
National Legislation ◽  
Judicial Decisions

AbstractIn 2011, the Appeals Chamber of the UN Special Tribunal for Lebanon purported to identify a customary international crime of transnational terrorism and applied it in interpreting domestic terrorism offences under Lebanese law. This article argues that the Tribunal's decision was incorrect because all the sources of custom relied upon by the Appeals Chamber – national legislation, judicial decisions, regional and international treaties, and UN resolutions – were misinterpreted, exaggerated, or erroneously applied. The Tribunal's laissez-faire attitude towards custom formation jeopardizes the freedom from retrospective criminal punishment, subjugating the human rights of potential defendants to the Tribunal's own moralizing conception of what the law ought to be. The decision is not good for international law or public confidence in its institutions and processes.

scholarly journals A COMPARATIVE ANALYSIS OF THE PRACTICE OF THE UNITED KINGDOM AND MALAYSIA IN RESPECT OF FREEDOM OF EXPRESSION

2011 ◽  
Author(s):  
Nazli Ismail @ Nawang
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
International Law ◽  
Freedom Of Expression ◽  
Great Influence ◽  
European Convention ◽  
International Treaties ◽  
The United Kingdom ◽  
The Uk ◽  
The Right

International law, particularly treaties on human rights, has great influence on the development of the right to freedom of expression. The application of international treaties is very much dependant on the constitutions of individual countries and these constitutions to a large extent are dissimilar from one to another. The position in the United Kingdom is relatively unique since the country has no codified written constitution to safeguard the fundamental right to freedom of expression and as a result it was regarded as residual in nature. Nonetheless, the provisions of the international treaties, particularly the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR) have altered this position and accordingly freedom of expression has been formally incorporated into the UK law via the Human Rights Act 1998 (HRA). Meanwhile, the international human rights treaties is considered to have less influence in Malaysia arguably since the country has a written constitution (the Federal Constitution) that contains a specific part on fundamental liberties including the right to freedom of expression. Keywords: International law, treaties, freedom of expression.

scholarly journals International Obligations of Unrecognized State. The Case of Transdnistrian Moldavian Republic

2019 ◽  
Vol 14 (1) ◽  
pp. 76-93
Author(s):  
Galina Shinkaretskaia
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal System ◽  
International Community ◽  
European Convention ◽  
Vienna Convention ◽  
International Treaties ◽  
The Status ◽  
International Obligations ◽  
The Republic

Unrecognized states are formations separated themselves from another state and had declared itself a new self-standing state. The inner structure of the formation does not differ from the structure of other states in that it possesses a constitution, legal system and state bodies. But such a formation is not recognized by the international community in the capacity of a subject of international law or is recognized by a minor number of states.Unrecognized states do not have interstate treaties with UN members, yet this does not mean that no international obligations are obligatory for them. General principles of international law and peremptory norms are obligatory notwithstanding recognition. Moreover, unrecognized state sometimes accept voluntarily international obligations of some treaties, still they are not recognized as parties thereof. The status of unrecognized states differ from the status of other actors not states in international relations: sometimes intrastate or even non-governmental organizations, e.g. European union, are accepted as parties to international treaties. Unrecognized states can never become parties to international treaties. Thus a situation of irresponsibility is created, when an unrecognized state has no partners who could question a responsibility in case of a breach of international law; neither the jurisdiction of treaty bodies created to monitor implementation of the treaty obligations.Transdnistrian Moldavian Republic is a good illustration here. Its Constitution contains a rule that the generally recognized principles and norms of international law and international treaties are a part of its legal system. The Republic does not have interstate treaties, but accepted some normative acts on the recognition of the most important human rights treaties. This is in fact a joining of the Republic to the treaties. Yet the Republic is not a party to them because the Vienna Convention on the law of international treaties 1969 allows only the subjects of international law to conclude international treaties which unrecognized Transdnistria is not. Thus the situation is created where the international community cannot submit a claim of failure to fulfill a treaty to Transdnistria.We submit that this is not so with generally recognized norms and principles because an obligation is emerging in the contemporary international law that all actors of international intercourse must fulfill those principles and norms. The events around the indictment of the former President of the Republic are a good example of breach of international law. The Republic broke the European Convention on human rights which diminished the acceptance of international law by the Republic.

International Humanitarian and Human Rights Law in Russian Courts

2011 ◽  
Vol 2 (2) ◽  
pp. 216-249
Author(s):  
Sergei Yu. Marochkin ◽  
Vladimir A. Popov
Keyword(s):  
Human Rights ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Special Role ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Treaties ◽  
Judicial Practice ◽  
The Russian Federation

The paper investigates the implementation of the norms of international humanitarian and human rights law in the Russian courts. It may be viewed as a specific feature that these two categories are considered close in part of the Russian doctrine and, as we will see below, in some judicial cases. Since the adoption of the Constitution of the Russian Federation in 1993 international law has been granted a specific status and significance in the Russian legal system. According to the Constitution and legislation, Russian courts have had the opportunity to play a special role in the implementation of international humanitarian and human rights law. That being said, judicial practice relating to the implementation and the application of these norms is different from that of other international law norms. It is, however, explained, in particular, by the fact, that there are not many cases which either mention directly or use humanitarian law. Often, courts make abstract or general references to international treaties or make decisions only on the basis of the national law, though the considered cases fall directly under the regulation of international humanitarian or human rights law. In conclusion, at present the practice of Russian courts is rather diverse and needs further unification.

scholarly journals SECURING HUMAN RIGHTS IN THE FACE OF INTERNATIONAL INTEGRATION

2011 ◽  
Vol 60 (1) ◽  
pp. 125-165 ◽  
Author(s):  
Israel de Jesús Butler
Keyword(s):  
Human Rights ◽  
International Law ◽  
Regional Level ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Governmental Organizations ◽  
The Face ◽  
International Obligations ◽  
Increasing Risk

AbstractThe continuous transfer of authority from the national sphere to inter-governmental organizations gives rise to an increasing risk that States may be mandated by their obligations under these organizations to take measures that are inconsistent with their obligations under International Human Rights Law. Drawing on the approaches of various international, regional and national jurisdictions, this article explores two possible models for restructuring International Law that could ensure that human rights obligations remain effective. The ‘international constitutional’ approach would ensure that human rights are enshrined within the ‘constitutional’ instruments of IGOs, preventing incompatible rules from emerging. The ‘parochial’ approach would ensure that human rights as protected at the national or regional level would take precedence over conflicting international obligations.

Human Rights

2005 ◽  
Author(s):  
Keith Ewing
Keyword(s):  
Human Rights ◽  
International Law ◽  
Constitutional Law ◽  
Legal Systems ◽  
International Treaties ◽  
Municipal Law

This article begins with a brief discussion of what human rights are. It then considers the international treaties which have emerged to protect human rights in national legal systems, focusing on aspects of the scholarship which has developed alongside the cascade of these rights from international law to constitutional law to ordinary municipal law. This is a process which has been controversial as human rights and democracy are seen by some to be mutually dependent, but by others to be engaged in an abrasive struggle for superiority on the battleground of ideas.

Use of Armed Force against Suspected Foreign Submarines in the Swedish Internal Waters and Territorial Sea

2018 ◽  
Vol 33 (3) ◽  
pp. 585-599
Author(s):  
Said Mahmoudi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Present Article ◽  
National Level ◽  
Use Of Force ◽  
Armed Force ◽  
National Legislation ◽  
Legal Arguments ◽  
Actual Response ◽  
Self Defence

Abstract Sweden’s territorial sea and internal waters have experienced regular intrusions by submerged foreign submarines since the early 1950s. The response of the country to such intrusions is generally well-documented and mainly public. The present article offers an overview of the development of the relevant national legislation, the actual response of the naval forces, and the legal arguments invoked at national level to justify or dismiss use of force in self-defence or under another title. The article discusses the relevance of the immunity that submarines normally enjoy under international law and Sweden’s human-rights obligations, two issues that have been at the centre of the legal discourse. Particular attention is paid to developments since 2014 when a new round of “submarine hunts” started and led to the adoption of new measures both revising the existing laws and strengthening the defence forces.

COLLODIZING LINKS IN PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 19-21
Author(s):  
Н.Д. Эриашвили ◽  
Г.М. Сарбаев ◽  
В.И. Федулов
Keyword(s):  
International Law ◽  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Public Interests ◽  
National Legislation ◽  
The Public ◽  
The Russian Federation

В представленной статье рассмотрены проблемы коллодирующих привязок в международном частном праве и особенности их правовой регламентации в законодательстве Российской Федерации. Автором проанализированы особенности нормативного закрепления данного типа привязок в системе международных договоров, а также механизм имплементации этих норм в национальном законодательстве различных государств. На основе сложившейся практики применения коллодирующих привязок национальными органами государственной власти обоснована необходимость учета публичных интересов государства в данных правоотношениях. The present article examines the problems of collodizing links in private international law and the peculiarities of their legal regulation in the legislation of the Russian Federation. The author analyzed the peculiarities of this type of binding in the system of international treaties, as well as the mechanism for implementing these norms in the national legislation of various states. On the basis of the established practice of applying collodial links by national authorities, the need to take into account the public interests of the State in these legal relations is justified.

Theory and Evidence Regarding the Effectiveness of Human Rights Treaties

2017 ◽  
Author(s):  
Daniel W. Hill, Jr.
Keyword(s):  
Human Rights ◽  
International Law ◽  
Good Evidence ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Treaties ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
Sources Of Variation ◽  
International Human

The adoption by the United Nations of the Universal Declaration of Human Rights in 1948 marked the beginning of the modern international human rights regime. Since then the number of international treaties that protect human rights, as well as the number of internationally recognized rights, has greatly increased. The increasing number and scope of international treaties attests to the fact that advocates for human rights view treaties, which are legally binding in principle, as useful tools for promoting respect for the various rights identified in international law. Only recently have scholars begun to collect and systematically examine evidence concerning the effectiveness of human rights treaties. This new body of research is motivated by a question that has obvious normative import and policy relevance: do we have good evidence that the widespread adoption of international human rights law has had any meaningful impact on the level of respect that states exhibit for the rights articulated in international law? To date, this literature suggests three sources of variation in the effectiveness of human rights treaties: (1) variation in the domestic political and legal institutions that facilitate enforcement and compliance, (2) variation in the nature of the rights protected by different treaties and the nature of violations, and (3) variation in the strength of governments’ commitments to the UN treaty regime. All three sources of variation point to opportunities to advance our understanding of the conditions under which international human rights law can achieve its goals.

Asylum at Sea: The Legality of Shipboard Refugee Status Determination Procedures

2020 ◽  
Vol 32 (1) ◽  
pp. 1-27
Author(s):  
Azadeh Dastyari ◽  
Daniel Ghezelbash
Keyword(s):  
United States ◽  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Best Practice ◽  
The United States ◽  
Human Rights Law ◽  
Refugee Status ◽  
State Practice ◽  
International Obligations

Abstract Austria and Italy have recently proposed that processing the protection claims of asylum seekers attempting to cross the Mediterranean should take place aboard government vessels at sea. Shipboard processing of asylum claims is not a novel idea. The policy has been used for many years by the governments of the United States and Australia. This article examines the relevant international law, as well as State practice and domestic jurisprudence in the United States and Australia, to explore whether shipboard processing complies with international refugee and human rights law. It concludes that, while it may be theoretically possible for shipboard processing to comply with international law, there are significant practical impediments to carrying out shipboard processing in a manner that is compliant with the international obligations of States. Current practices in the United States and Australia fall short of what is required. Nor is there any indication that the Austrian/Italian proposal would contain the required safeguards. It is argued that this is by design. The appeal of shipboard processing for governments is that it allows them to dispense with the safeguards that asylum seekers would be entitled to if processed on land. Best practice is for all persons interdicted or rescued at sea to be transferred to a location on land where they have access to effective status determination procedures and are protected from refoulement and unlawful detention.

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