scholarly journals The Council of Europe Activity for Culture

2021 ◽  
Vol 30 (2) ◽  
pp. 81
Author(s):  
Aleksandra Chyc
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Rule Of Law ◽  
International Organizations ◽  
International Organization ◽  
Council Of Europe ◽  
Acquis Communautaire ◽  
The Rule Of Law ◽  
The Subject

<p>The article is devoted to issues related to the activities of the Council of Europe for culture. The aim of the study was to show that the Council of Europe is an important international organization. The author analyzed the literature on the subject devoted to the Council of Europe, and characterized the legal achievements of this organization and its activities in the field of culture. Initiatives and cultural projects of the Council of Europe were discussed. A thesis has been put forward that the Council of Europe is a significant international organization which protects the cultural heritage of Europe. The functions of the Council of Europe and its importance as an organization operating in the field of culture, as well as guarding the acquis communautaire and principles based on the rule of law, democracy and respect for human rights, were analyzed. The article is a synthetic presentation of the role of the Council of Europe in the international arena. It presents, i.a., the ongoing discussion about the crisis of international organizations and shows the significant importance of the Council of Europe in shaping appropriate international relations in Europe.</p>

scholarly journals The rule of law in international law and its application in practice

2021 ◽  
Vol 93 (4) ◽  
pp. 994-1006
Author(s):  
Stefan Dugajlić
Keyword(s):  
International Relations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
Direct Impact ◽  
International Level ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
International Regulations ◽  
The Subject

The subject of this article is to point out that the rule of law, often characterized as a national concept, crosses the national borders of sovereign states, and that the field of the rule of law has a direct impact on international law, relations between states, individuals and states, and between individuals. The increasing and more frequent interaction of the above subjects in international relations has led to the need to constitute certain rules - regulations, more precisely international law, and to ensure its enforcement, and to protect the subjects from possible violations of it. The rule of law becomes even more represented at the international level, with the establishment and later with the activities of international organizations such as: the United Nations, Council of Europe, European Union. By acceding to those organisations, by actively participating in instituting regulations and applying them, directly or through ratification, states renounce the acts of their sovereignty in a certain manner, accepting and enforcing those regulations, thus giving them a higher place in the hierarchy of regulations than national law. This article describes the path of the rule of law from the Grand Charter of Freedoms (Magna Carta Libertatum), as a national concept, to the present, where the rule of law has a strong and indispensable influence in creation, enforcement and protection of international regulations.

scholarly journals International Political Authority: On the Meaning and Scope of a Justified Hierarchy in International Relations (Voelsen & Schettler, 2019)

2021 ◽  
Vol 9 (1) ◽  
pp. 95-99
Author(s):  
Bogdana Sybikowska
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Detailed Analysis ◽  
Rule Of Law ◽  
International Organizations ◽  
Political Authority ◽  
The State ◽  
Global Order ◽  
The Rule Of Law ◽  
International Authority

Abstract This article is a review of a paper titled International political authority: on the meaning and scope of a justified hierarchy in international relations written by Daniel Voelsen and Leon Schettler. The growing power and authority of international organizations has been perceived by many as a sign of a new global order where the concept of sovereignty of the state is replaced with the constitutional principles of democracy, human rights and the rule of law. Recently, a tendency has been observed to consider international organizations as autonomous, legitimate institutions possessing political authority. However, it is rather challenging to find one and the complex understanding of political authority that encompasses all components that construct it. Voelsen and Schettler offer a detailed analysis of the concepts of international authority that are present in the literature and even criticize them. In this article, the conducted research is reviewed and scrutinized in detail.

RESPECT FOR THE RULE OF LAW IN A TIME OF ECONOMIC AND FINANCIAL CRISIS: THE ROLE OF REGIONAL INTERNATIONAL ORGANIZATIONS IN THE HUNGARIAN AFFAIRE

2014 ◽  
Vol 23 (1) ◽  
pp. 219-242
Author(s):  
Federico Casolari
Keyword(s):  
Rule Of Law ◽  
International Organizations ◽  
National Level ◽  
The European Union ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Potential Impact ◽  
Alternative Solutions ◽  
The Eu

This article offers a critical analysis of the role played by regional international organizations (IOs) – in particular the Organisation for Security and Cooperation in Europe, the Council of Europe, and the European Union (EU) – in coping with the problems that have been affecting the rule of law in the aftermath of the recent economic and financial crises. The intent is to highlight the main shortcomings of the monitoring/enforcement tools designed by these IOs and to assess whether they require further revision. The specific focus will be on the mechanisms put in place in response to the illiberal practices and constitutional reforms adopted in Hungary from 2011 to 2013. This case is instructive in two respects. In the first place, those legal and political developments have been harshly criticized by all the IOs concerned, and so their response makes it possible to see (i) in what way and to what extent they operate in monitoring and protecting the rule of law, (ii) how well they interact in subiecta materia, and (iii) the strengths and weaknesses of their mandate. And, in the second place, the Hungarian question has made it apparent that violations of the rule of law at the national level can easily take on a systemic, structural and multifaceted dimension that rises to the European level – a problem I will be referring to as the “rule-of-law crisis”. This has prompted an overall rethinking of the way the rule of law needs to be enforced, in a debate that has gained momentum within the EU legal order, very recently leading to a proposal (in March 2014) for a new EU framework through which to strengthen the rule of law. Here, the potential impact of this framework will be considered by also taking into account the alternative solutions offered by scholars and stakeholders.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Working Definition ◽  
European Court ◽  
Structured Analysis ◽  
Definition Of ◽  
Grand Chamber

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

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.

THE WIDENING GYRE: COUNTER-TERRORISM, HUMAN RIGHTS AND THE RULE OF LAW

2008 ◽  
Vol 67 (1) ◽  
pp. 69-91 ◽  
Author(s):  
Arthur Chaskalson
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Internet ◽  
The Rule Of Law ◽  
Counter Terrorism ◽  
Daunting Task ◽  
The Subject ◽  
Google Search ◽  
Is Value ◽  
Do So

There are two themes that recur in previous Sir David Williams lectures. First, that it is a considerable honour to be invited to give the lecture. Secondly, that it is a daunting task to do so in the presence of Sir David, particularly in a field in which he has expertise. Since that covers most of the law there is no escape from this dilemma. Let me then acknowledge the privilege of having been asked to give this year's lecture, and confess that it is with some trepidation that I do so. The subject, terrorism and human rights, is not exactly uncharted territory. When I looked into the internet for some guidance on what might be relevant to terrorism and human rights, the response to my Google search informed me that in .03 seconds 32,900,000 references had been found. This seemed to indicate that it was unlikely that I would be able to say anything that has not already been said. But there are some subjects that are of such importance that there is value in reminding ourselves of the issues that are at stake, and if necessary for that purpose, repeating what others have said. And it is with that in mind that I approach my chosen topic.

scholarly journals THE ROLE OF END CHILD PROSTITUTION, CHILD PORNOGRAPHY AND TRAFFICKING OF CHILDREN FOR SEXUAL PURPOSES (ECPAT) IN ADDRESSING THE CHILD’S COMMERCIAL SEXUAL EXPLOITATION (ESKA) IN INDONESIA (2011 – 2015)

2019 ◽  
Vol 20 (1) ◽  
pp. 1-19
Author(s):  
Yohanes Benedicktus Meninu Nalele
Keyword(s):  
International Relations ◽  
International Organizations ◽  
Child Pornography ◽  
Sexual Exploitation ◽  
International Organization ◽  
Commercial Sexual Exploitation ◽  
Asian Countries ◽  
Role Of Government ◽  
Child Prostitution

Commercial sexual exploitation of children is a social problem that has several categories. This issue is scattered in many countries, especially in Asian countries. Child’s commercial sexual exploitation or eksploitasi seksual komersial anak (ESKA) can ruin the future of the children who are victims, of which they are the successors of the nation. Childhood should be filled by playing and learning but changing with the dark. The role of government as the supreme authority of a country in overcoming the problem of ESKA looks not maximized. The purpose of this research is to find out the role of international organizations in addressing the ESKA problem. International organizations, in this case, are ECPAT or End Child Prostitution, child pornographic grapy, and Trafficking of Children for Sexual Purposes. How are their efforts and roles in overcoming ESKA and its cooperation with the Indonesian government, obstacles, and challenges faced? The benefits of this journal are useful in the development of International Relations, especially those involving the role of international organizations in addressing the problems of ESKA. The method used is descriptive – qualitative, where this method illustrates and analyzes the role of ECPAT as an international organization in addressing the ESKA in Indonesia (2011 – 2015).

Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis.

2021 ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Judicial Review ◽  
Judicial Independence ◽  
The Rule Of Law ◽  
European Dimension

Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis is not a typical celebratory book offered to the dedicatee for an academic jubilee. The studies offered to Professor Mirosław Wyrzykowski present the readers with essays analysing the most pressing problems of modern constitutionalism in its European dimension. The primary themes of the book are topics dear to Wyrzykowski: the rule of law, human rights, the crooked paths of European constitutionalism, and last, but not least, one that binds them all: judicial independence and judicial review, as well as the role of the courts in upkeeping the rule of law.

Part III Structural Principles, Ch.20 Democracy and the Rule of Law

2013 ◽  
Author(s):  
Tomuschat Christian
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
The Rule Of Law ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
Structural Principles ◽  
International Instruments

This article examines the role of the rule of law and democracy in international human rights law. It discusses the legal nature and the formal recognition of the rule of law and democracy. It explains that that rule of law and democracy are elements that constitute essential pillars promoting real enjoyment of human rights but they are dependent on the general conditions prevailing within society. This article highlights the importance of the supervisory roles of international bodies in ensuring the effectiveness of the guarantees set forth in international instruments for the protection of human rights.

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