“If stars are lit, it means — there is someone who needs it”: a new human rights protecting function of bilateral investment treaties

2021 ◽  
Vol 11 (2) ◽  
pp. 151-174
Author(s):  
Vera Rusinova ◽  
Matvey Tarasov
Keyword(s):  
Human Rights ◽  
Dispute Settlement ◽  
International Human Rights Law ◽  
Bilateral Investment Treaties ◽  
Legal Analysis ◽  
Human Rights Protection ◽  
Protection Of Human Rights ◽  
Investment Treaties ◽  
Human Rights Norms ◽  
Human Rights Standards

A new trend in both making and interpreting bilateral investment treaties (BITs) consists in a shift towards the protection of human rights of the host-State population. The authors resort to legal analysis to answer three questions related to this trend. First, how treaties, which are inherently programmed for the protection of investors from host-States, can be used to prevent investors from breaching human rights? Second, are BITs capable to effectively carry out this function? Third, who is the actual beneficiary of the values’ change in BITs? The article identifies three ways how human rights standards are included or respected throughout the BITs’ drating and application processes. First, human rights norms can be explicitly mentioned in a BIT. Second, an investment tribunal can directly apply international human rights law during dispute settlement. Third, human rights norms can impact the interpretation of a BIT, or, vice versa, the BIT provisions can be taken into account when international judicial or quasi-judicial human rights bodies interpret human rights’ conventions. Resorting to one or several of these ways leads to various results of the combination of BITs with human rights standards, that differ by a duty-bearer (a State or an investor) and by the legal mechanism of human rights protection. The authors distinguish four such models. The model analysis reveals restrictions and distortions pertinent to the new way of using BITs. Also, it allows evaluating trends from points of view of different stakeholders — home-States, host-States, and the population of the latter.

Making Human Rights a Reality

2013 ◽  
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 ◽  
Protection Of Human Rights ◽  
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.

scholarly journals Content Moderation Technologies: Applying Human Rights Standards to Protect Freedom of Expression

2020 ◽  
Vol 20 (4) ◽  
pp. 607-640
Author(s):  
Thiago Dias Oliva
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Access To Information ◽  
Legal Analysis ◽  
Human Rights Law ◽  
Legal Perspective ◽  
Current Content ◽  
Human Rights Standards

Abstract With the increase in online content circulation new challenges have arisen: the dissemination of defamatory content, non-consensual intimate images, hate speech, fake news, the increase of copyright violations, among others. Due to the huge amount of work required in moderating content, internet platforms are developing artificial intelligence to automate decision-making content removal. This article discusses the reported performance of current content moderation technologies from a legal perspective, addressing the following question: what risks do these technologies pose to freedom of expression, access to information and diversity in the digital environment? The legal analysis developed by the article focuses on international human rights law standards. Despite recent improvements, content moderation technologies still fail to understand context, thereby posing risks to users’ free speech, access to information and equality. Consequently, it is concluded, these technologies should not be the sole basis for reaching decisions that directly affect user expression.

25. International Human Rights Law

2018 ◽  
Author(s):  
Nigel Rodley
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Political Factors ◽  
International Protection ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
Protection Of Human Rights

This chapter considers the background to, and current developments concerning the manner in which international law has engaged with the protection of human rights, including both civil and political rights and economic, social, and cultural rights. It looks at historical, philosophical, and political factors which have shaped our understanding of human rights and the current systems of international protection. It focuses on the systems of protection developed by and through the United Nations through the ‘International Bill of Rights’, including the Universal Declaration of Human Rights, the UN human rights treaties and treaty bodies, and the UN Special Procedures as well as the work of the Human Rights Council. It also looks at the systems of regional human rights protection which have been established.

Measuring Violations of Human Rights Standards

2016 ◽  
Author(s):  
Mark Gibney ◽  
Linda Cornett ◽  
Peter Haschke ◽  
Reed M. Wood ◽  
Daniel Arnon
Keyword(s):  
Human Rights ◽  
The State ◽  
International Human Rights Law ◽  
Amnesty International ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Physical Integrity ◽  
Ordinal Measure ◽  
The Individual ◽  
Human Rights Standards

Although every violation of international human rights law standards is both deplorable and illegal, one of the major advances in the social sciences has been the development of measures of comparative state practice. The oldest of these is the Political Terror Scale (PTS), which provides an ordinal measure of physical integrity violations carried out by governments or those associated with the state. Providing data from the mid-1970s to the present, the PTS scores the human rights practices of more than 190 countries on a scale of 1–5, with 1 representing “best practices” and 5 indicating gross and systematic violations. There are two different sources for these scores: U.S. State Department Country Reports on Human Rights Practices and the Amnesty International Annual Report. Although human rights have traditionally been associated only with the state, individuals can also be denied human rights protection by non-state actors. To measure this, the Societal Violence Scale (SVS) has been created to analyze three sources of physical integrity violations: the individual; corporate or criminal gang activity; and armed groups. As globalization proceeds apace, states have an increased influence on human rights protection in other countries. Unfortunately, human rights data, such as the PTS, analyze only the domestic practices of states. In an effort to better understand the full extent of a state’s human rights performance, the Extraterritorial Obligations (ETO) Report is currently being constructed. The ETO Report will provide an important analysis of state human rights performance when acting outside its own territorial borders.

9. International human rights law

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
Primary Sources ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
Enforcement Mechanisms ◽  
Second World

This chapter discusses the system of human rights protection that has emerged since the end of the Second World War. It begins in Section 9.2 with the primary sources of human rights law before Section 9.3 discusses the different categories of human rights. Section 9.4 discusses the obligation on states to offer protection to individuals from the acts of other private individuals. Section 9.5 provides an overview of the enforcement mechanisms in the UN and Section 9.6 focuses on the regional protection of human rights. Section 9.7 discusses the territorial scope of human rights treaties and Section 9.8 concerns the application of human rights in times of public emergency.

scholarly journals Recognizing and Implementing International Human Rights Standards in Domestic Legislation: An Exposure Under Ukrainian Law

2021 ◽  
Vol 10 (2) ◽  
pp. 161-176
Author(s):  
Vitalii Oleksandrovych Serohin ◽  
Svitlana Hryhorivna Serohina ◽  
Liliya Mykolayivna Gryshko ◽  
Kateryna Petrivna Danicheva
Keyword(s):  
Human Rights ◽  
The State ◽  
International Standards ◽  
Human Right ◽  
International Human Rights ◽  
National Legislation ◽  
Human Rights Protection ◽  
Protection Of Human Rights ◽  
International Human ◽  
Human Rights Standards

Everything about human right is inalienable void of violation from the human race. It is therefore that responsibility of the international community in ensuring the effective preservation and respect of these rights without any threat of violations. In ensuring its recognition and implementation, international standards have been established where there is the need of States parties to these international human right treaties in ensuring its incorporation in its various domestic legislations. The content and specific features of the introduction of international human rights standards into national legislation have been analyzed in the article. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, historical-legal, epistemological, comparative-legal. International standards for the protection of human rights have been defined as principles and norms enshrined in international regulatory legal acts that define fundamental human rights and freedoms, the obligation of the State to respect them, to assist in their realization, preservation and protection against unlawful encroachments, and to establish liability for their violations and methods of protection. It has been clarified that the procedure of implementation of international human rights standards into national legislation includes the following stages: (i) recognition of human rights by the State and their enshrinement in national legislation; (ii) institutionalization of the standard of human rights protection; (iii) bringing the current legislation in line with the international human rights standard and interpreting the latter; (iv) establishment of measures and means of protection and defense of human rights; (v) determining the procedure for the realization of the enshrined right; (vi) control over the observance of the international human rights standard.

scholarly journals CONDITIONS FOR THE PROTECTION OF HUMAN RIGHTS WHILE COVID-19, LEGAL PRINCIPLES AND ADMINISTRATIVE BARRIERS IN UKRAINE

2021 ◽  
Vol 9 (2) ◽  
pp. 867-875
Author(s):  
Chystokletov Leontii Grugorovych, Et. al.
Keyword(s):  
Human Rights ◽  
Legal Analysis ◽  
Human Rights Protection ◽  
Legal Principles ◽  
Rights Protection ◽  
Health Authorities ◽  
The People ◽  
Protection Of Human Rights ◽  
National Practice ◽  
Made In

The article describes both the administrative and legal principles of human rights protection in the context of the spread of coronavirus, which is used in Ukraine and all over the world on the basis of theoretical and practical methods. In this regard, the question of the efficiency of the measures to lessen the spread of the virus, made in connection with the new tasks of the state authorities and, first of all, health authorities, without violating the basic rights of the people becomes relevant. It is proved that the legal analysis of the ratification of international and domestic regulations indicates extraordinary opinions on the issue of ensuring human rights in an emergency relative to the struggle with the infection. Basing on international and national practice, attention is grabbed to the administrative and legal principles of ensuring medical confidentiality during the pandemic. It is shown that the disclosure of medical secrets is allowed in cases of suspicion of the patient intending to commit a crime or on the basis of a decision of a court. Current work provides guidelines directed at enhancing the measures for protecting peoples’ rights in the situation of suppressing the spread of COVID-19.

9. International human rights law

2021 ◽  
pp. 163-185
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Primary Sources ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Enforcement Mechanisms ◽  
Private Actors

This chapter discusses the system of human rights protection that has emerged since the end of the Second World War. It begins in Section 9.2 with the primary sources of human rights law before Section 9.3 discusses the different categories of human rights. Section 9.4 discusses the obligation on states to offer protection from acts of private actors. Section 9.5 provides an overview of the enforcement mechanisms in the UN and Section 9.6 focuses on the regional protection of human rights. Section 9.7 discusses the territorial scope of human rights treaties and Section 9.8 concerns the application of human rights in times of public emergency. Section 9.8 provides an overview of the international legal protection of refugees.

Human Rights Protection the ASEAN Way: Non-Intervention and the Newest Regional Human Rights System

2012 ◽  
Vol 1 (2) ◽  
pp. 276-311 ◽  
Author(s):  
Daniel Aguirre ◽  
Irene Pietropaoli
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Structural Problems ◽  
Civil Society Participation ◽  
International Human ◽  
Human Rights Standards

The Association of South East Nations (ASEAN) is a regional body working towards the integration of disparate states. The creation of a human rights mechanism, a critical part of this integration, confronts the central philosophy of ASEAN: deference to conservative notions of sovereignty and non-interference, often referred to as the ASEAN Way. This doctrine has been necessary to promote cooperation and trust between these neighbours but may prove incongruent with a human rights body that attempts to monitor and enforce international human rights law. This article looks at the challenges posed by the ASEAN way and how they developed in section 2. Section 3 follows with an examination of the ASEAN Way’s impact on the development of the regional human rights bodies. Section 4 addresses structural problems arising from the ASEAN Way: the limited human rights mandate; the lack of civil society participation; and the lack of common human rights standards among ASEAN states. Overall, this article examines the central irony that the while the ASEAN Way is necessary, it undermines the regional human rights body.

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