The Other Side of the Moons - The Schengen Information System and Human Rights: A Task for National Courts

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.

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‘External’ Case Law as a Source of Inspiration for the Court of Justice of the European Union

The Impact of the European Court of Justice on Neighbouring Countries ◽

10.1093/oso/9780198855934.003.0003 ◽

2020 ◽

pp. 38-53

Author(s):

Allan Rosas

Keyword(s):

European Union ◽

Human Rights ◽

Case Law ◽

The Other ◽

The European Union ◽

National Courts ◽

Court Of Justice ◽

European Court ◽

Reverse Situation ◽

Justice Judgments

Whilst the other contributions to this book focus on the extent to which the case law of the Court of Justice of the European Union (CJEU) is taken into account in EU neighbouring countries, notably by the national courts of these countries, this chapter deals with the reverse situation; that is, the extent to which the CJEU pays attention to the case law of both international courts and national courts of third countries. This is done mainly by looking at explicit references to such extraneous sources to be found in CJEU judgments and orders. The main focus is on the case law of the Court of Justice, but some information is also provided concerning the case law of the General Court. In the context of references to the European Court of Human Rights (ECtHR) case law contained in Court of Justice judgments, some examples are also given of references to CJEU judgments which can be found in the case law of the Human Rights Court.

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The Puzzling Paradox Presented within the African Supranational Judicial Institutions: The ECOWAS Court of Justice

African Journal of International and Comparative Law ◽

10.3366/ajicl.2020.0333 ◽

2020 ◽

Vol 28 (Supplement) ◽

pp. 86-109

Author(s):

Kehinde Ibrahim

Keyword(s):

Human Rights ◽

West African ◽

African Region ◽

The West ◽

Political Will ◽

National Courts ◽

Court Of Justice ◽

West African Region

The judgments of the ECOWAS Court, which are final and immediately binding, are vital for the realisation of ECOWAS aims and objectives. The enforcement of its judgments is particularly important in the case of individuals whose enjoyment of fundamental human rights, as guaranteed under the ECOWAS Community laws, is dependent on effective enforcement. Yet, an existential puzzling paradox emanates through a poor record in the implementation of the ECOWAS Court's judgments. This problem, which is not limited to the West African region deserves scrutiny and concrete proposals. Legal and political considerations surface in assessing the existence of this paradox, and despite the lack of a consistent political will, to implement the decisions of ECOWAS Court relevant judicial actors have roles to play. National courts could take a bolder approach in complementing the work of the ECOWAS Court. The ECOWAS Court itself could put in place concrete mechanisms and adopt certain practices to address this poor record of non-implementation. It is yet to be seen how substantive mechanisms would work in practice.

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Óscar Romero and the Politics of Sainthood

Postscripts The Journal of Sacred Texts and Contemporary Worlds ◽

10.1558/post.v5i3.265 ◽

2011 ◽

Vol 5 (3) ◽

pp. 265-291

Author(s):

Manuel A. Vasquez ◽

Anna L. Peterson

Keyword(s):

Human Rights ◽

Civil War ◽

El Salvador ◽

The Other ◽

Post Colonial ◽

Holy See ◽

The Poor ◽

The Face ◽

Crisis Of Modernity ◽

The One

In this article, we explore the debates surrounding the proposed canonization of Archbishop Oscar Romero, an outspoken defender of human rights and the poor during the civil war in El Salvador, who was assassinated in March 1980 by paramilitary death squads while saying Mass. More specifically, we examine the tension between, on the one hand, local and popular understandings of Romero’s life and legacy and, on the other hand, transnational and institutional interpretations. We argue that the reluctance of the Vatican to advance Romero’s canonization process has to do with the need to domesticate and “privatize” his image. This depoliticization of Romero’s work and teachings is a part of a larger agenda of neo-Romanization, an attempt by the Holy See to redeploy a post-colonial and transnational Catholic regime in the face of the crisis of modernity and the advent of postmodern relativism. This redeployment is based on the control of local religious expressions, particularly those that advocate for a more participatory church, which have proliferated with contemporary globalization

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Rancang Bangun Sistem Informasi Zakat Infaq Shodaqoh Menggunakan Metodologi Extreme Programming

Jurnal Buana Informatika ◽

10.24002/jbi.v9i1.1666 ◽

2018 ◽

Vol 9 (1) ◽

pp. 31-42

Author(s):

Rysa Sahrial

Keyword(s):

Information System ◽

The Other ◽

Extreme Programming ◽

Limited Time ◽

Limited Information ◽

Research Information ◽

Development Method ◽

Know How ◽

Five Factors ◽

Research Information System

Poverty is one continuing social issue which is hard to solve. Dealing with this problem, Islam has already had the alternative solution that is tithe (Zakat). Zakat is implemented to decrease economy imbalanced appeared in the society. While in fact, not all the Moslem pay Zakat. There are five factors as the reason why Moslem didn’t do that. First, some Muzakki wants to deliver his zakat directly.Seconde, not all Muzakki know how much Zakat must be paid. The other factors are Limited information about Mustahik home, limited time that Muzakki have to deliver his Zakat directly and the easiness to report Mustahik data. Dealing with those factors, it is required to have an information system which can make Muzakki meets Mustahik. In this research, information system application used Extreme Programming (XP) development method. XP method is required to program a system which will be made by accomodating the users’ needs and expectations.

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Ummah’s Rights or Human Rights? Universalism, Individualism, and Islamic Ethics in the Twenty-first Century

American Journal of Islamic Social Sciences ◽

10.35632/ajiss.v27i3.362 ◽

2010 ◽

Vol 27 (3) ◽

pp. 1-23 ◽

Cited By ~ 2

Author(s):

Marie-Luisa Frick

Keyword(s):

Human Rights ◽

First Century ◽

The Other ◽

Moral Code ◽

Bill Of Rights ◽

Islamic Ethics ◽

Specific Content ◽

Societal Needs ◽

The One ◽

The Individual

Against the background of the trend of Islamizing human rights on the one hand, as well as increasing skepticism about the compatibility of Islam and human rights on the other, I intend to analyze the potential of Islamic ethics to meet the requirements for vitalizing the idea of human rights. I will argue that the compatibility of Islam and human rights cannot be determined merely on the basis of comparing the specific content of the Islamic moral code(s) with the rights stipulated in the International Bill of Rights, but by scanning (different conceptions of) Islamic ethics for the two indispensable formal prerequisites of any human rights conception: the principle of universalism (i.e., normative equality) and individualism (i.e., the individual enjoyment of rights). In contrast to many contemporary (political) attempts to reconcile Islam and human rights due to urgent (global) societal needs, this contribution is solely committed to philosophical reasoning. Its guiding questions are “What are the conditions for deriving both universalism and individualism from Islamic ethics?” and “What axiological axioms have to be faded out or reorganized hierarchically in return?”

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Comparative Views on the Right to Vote in International Law

10.1093/oso/9780190697570.003.0018 ◽

2018 ◽

Cited By ~ 1

Author(s):

Shai Dothan

Keyword(s):

Human Rights ◽

International Law ◽

National Courts ◽

European Court ◽

Right To Vote ◽

The Right ◽

Democratic Elections ◽

The Way

There is a consensus about the existence of an international right to vote in democratic elections. Yet states disagree about the limits of this right when it comes to the case of prisoners’ disenfranchisement. Some states allow all prisoners to vote, some disenfranchise all prisoners, and others allow only some prisoners to vote. This chapter argues that national courts view the international right to vote in three fundamentally different ways: some view it as an inalienable right that cannot be taken away, some view it merely as a privilege that doesn’t belong to the citizens, and others view it as a revocable right that can be taken away under certain conditions. The differences in the way states conceive the right to vote imply that attempts by the European Court of Human Rights to follow the policies of the majority of European states by using the Emerging Consensus doctrine are problematic.

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The SADC Tribunal

10.1093/oso/9780198795582.003.0006 ◽

2018 ◽

Cited By ~ 3

Author(s):

E. Tendayi Achiume

Keyword(s):

Human Rights ◽

Significant Role ◽

Economic History ◽

Southern African Development Community ◽

The Other ◽

Legal Decision ◽

African Development ◽

Sociopolitical Context ◽

Judicial Lawmaking

This chapter uses the trajectory of the Southern African Development Community (“SADC”) Tribunal to chart sociopolitical constraints on international judicial lawmaking. It studies the SADC Tribunal backlash case, which paved the way for a curtailment of the Tribunal’s authority, stripping the Tribunal of both private access and its jurisdiction over human rights. Showing how jurisprudential engagement with sociopolitical context plays a significant role in explaining the Tribunal's loss of authority, the chapter introduces the concept of sociopolitical dissonance. Sociopolitical dissonance is a state that results when a legal decision contradicts or undermines deeply held norms that a given society or community forms on the basis of its social, political, and economic history. Sociopolitical resonance, on the other hand, describes the quality of affirming or according with a given society's norms as informed by its sociopolitical history.

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To Discriminate in Order to Fight Discrimination

10.1093/oso/9780198795957.003.0007 ◽

2017 ◽

Author(s):

Dolores Morondo Taramundi

Keyword(s):

Human Rights ◽

United Kingdom ◽

The Other ◽

The United Kingdom ◽

European Court ◽

Main Technique ◽

Antidiscrimination Law ◽

The One ◽

Paradoxical Results ◽

Conflicts Of Rights

This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. Through discussion of Ladele and McFarlane v. The United Kingdom, a case before the European Court of Human Rights, the chapter examines how the construction of this kind of controversy in terms of ‘competing rights’ or ‘conflicts of rights’ seems to produce paradoxical results. Assessment of these apparent difficulties leads the discussion in two different directions. On the one hand, some troubles come to light regarding the use of the conflict of rights frame itself in the field of antidiscrimination law, particularly in relation to the main technique (‘balancing of rights’) to solve them. On the other hand, some serious consequences of the conflict of rights frame on the development of the antidiscrimination theory of the ECtHR are unearthed.

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The Value of Information in the Hold-Up Problem

German Economic Review ◽

10.1111/j.1465-6485.2004.00102.x ◽

2004 ◽

Vol 5 (2) ◽

pp. 177-203 ◽

Cited By ~ 11

Author(s):

Thomas Pfeiffer

Keyword(s):

Information System ◽

Information Structure ◽

Value Of Information ◽

The Other ◽

Information Control ◽

Ceteris Paribus ◽

Head Office ◽

Specific Investments ◽

Negative Effect ◽

Central Management

Abstract In the literature, the information structure of the hold-up problem is typically assumed to be exogenous. In this paper, we introduce an additional stage at which the head office may grant individual divisions access to an information system before they undertake their specific investments. Although more information ceteris paribus enhances each divisions’ profits, more information can reduce divisions’ investments and destroy synergies for the other division that would have been generated by the investments. If this negative effect dominates, then information can be harmful for the entire company. Hence, information control can be a subtle force to deal with the hold-up problem to a certain extent. In this paper we analyze those conditions under which information is either harmful or beneficial for central management.

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