Roadblocks to Remedies: Recently-Developed Barriers to Relief for Aliens Who Suffer Harm by U.S. Officials' Illegal Acts, Contrary to the Founders’ Desires and International Law Obligations

2012 ◽  
Author(s):  
Gwynne Skinner
Keyword(s):  
International Law ◽  
Illegal Acts

scholarly journals Reparations — Legally Justified and Sine qua non for Global Justice, Peace and Security

2017 ◽  
Vol 9 (2) ◽  
Author(s):  
Nora Wittmann
Keyword(s):  
Economic System ◽  
International Law ◽  
Indigenous Peoples ◽  
Global Justice ◽  
Financial Compensation ◽  
The Earth ◽  
Human Habitat ◽  
Peace And Security ◽  
Illegal Acts

The paper assesses current rising reparations claims for the Maafa/ Maangamizi (‘African holocaust,’ comprising transatlantic slavery, colonialism and neo-colonialism) from two angles. First, it explores the connectivity of reparations and global justice, peace and security. Second, it discusses how the claim is justified in international law. The concept of reparations in international law is also explored, revealing that reparations cannot be limited to financial compensation due to the nature of the damage and international law prescriptions. Comprehensive reparations based in international law require the removal of structures built on centuries of illegal acts and aggression, in the forms of transatlantic slavery, colonialism and neo-colonialism. Reparations must also lead to the restitution of sovereignty to African and indigenous peoples globally. They are indispensable to halt the destruction of the earth as human habitat, caused by the violent European cultural, political, socio-economic system known as capitalism that is rooted in transatlantic slavery. 

27. Multilateral public order and issues of responsibility

2019 ◽  
pp. 577-588
Author(s):  
James Crawford
Keyword(s):  
Collective Action ◽  
International Law ◽  
Public Order ◽  
Illegal Acts ◽  
Peremptory Norms

International law has remained imprecise with respect to the scope and consequences of serious, systemic illegality, but there have been developments that have made collective action under law possible. The chapter reviews the objective consequences of illegal acts, covering peremptory norms (ius cogens), the obligation not to recognize a situation as lawful, and the obligation of putting an end to an unlawful situation.

scholarly journals MARITIME INTERCEPTION ON FOREIGN VESSELS CARRYING REFUGEES AND ASYLUM SEEKERS: A VIOLATION OF UNCLOS AND NON-REFOULEMENT PRINCIPLE?

2020 ◽  
Vol 4 (1) ◽  
pp. 114-131
Author(s):  
Mizalfia Nursabrina
Keyword(s):  
Human Rights ◽  
National Security ◽  
International Law ◽  
Asylum Seekers ◽  
State Responsibility ◽  
Human Rights Violations ◽  
International Protection ◽  
Illegal Acts ◽  
The Right ◽  
Refugees And Asylum Seekers

AbstractEach state has the right to protect their national security in every possible way, and illegal acts such as aliens entering their territory without permit is no exception. They implement regulations and policies to prevent people smuggling, including but not limited to maritime interception towards vessels under suspicion of carrying refugees and asylum seekers. Yet, in the implementation, human rights violations tend to happen towards the passengers. This study aims to analyze the legality of maritime interception on foreign vessels carrying refugee and asylum seekers, and whether the said conduct raised issues of state responsibility. This study was conducted by analyzing relevant international law instruments and principles such as non-refoulement and state responsibility. The analysis comes to the conclusion that states have certain jurisdiction to conduct interception operations at sea with the means of protecting their national security. Should the act of interception be proven to inflict threats of danger towards the lives of the intercepted refugees and asylum seekers, states should be held responsible for the damage bared to the refugees and asylum seekers. In conducting maritime interceptions, states should ensure the refugee identity of the intercepted vessel’s passengers and should seek that they are entitled to international protection. Keywords: Maritime Interception, Principle of Non-Refoulement, State Responsibility   AbstrakSetiap negara mempunyai hak untuk melindungi keamanan nasionalnya dengan berbagai macam cara, dan tindakan ilegal seperti warga negara asing memasuki wilayah suatu negara tanpa izin bukan merupakan pengecualian. Negara-negara telah menetapkan seperangkat peraturan dan kebijakan untuk mencegah penyelundupan manusia, termasuk namun tidak terbatas pada pencegatan kapal di wilayah laut yang dicurigai mengangkut para pengungsi dan pencari suaka. Namun, dalam pelaksanaannya tindakan pencegatan seringkali menimbulkan pelanggaran hak asasi manusia kepada para penumpang kapal. Penelitian ini bertujuan untuk menganalisis legalitas pencegatan kapal yang mengangkut pengungsi dan pencari suaka. Penelitian ini dilaksanakan dengan menganalisa hukum internasional yang berkaitan. Penelitian ini menunjukan bahwa negara mempunyai yurisdiksi tertentu untuk melaksanakan pencegatan di laut dengan tujuan untuk mempertahankan keamanan nasional. Selain itu, negara harus bertanggung jawab atas kerugian yang dialami oleh para pengungsi dan pencari suaka selaku penumpang kapal yang dicegat apabila pencegatan tersebut menimbulkan ancaman bagi hidup mereka. Dalam melaksanakan pencegatan di wilayah laut, negara-negara harus memastikan identitas para penumpang kapal yang dicegat, dan memberikan perlindungan internasional bagi mereka yang berstatus sebagai pengungsi dan pencari suaka. Kata Kunci: Pencegatan Wilayah Laut, Prinsip Non-Refoulement, Tanggung Jawab Negara

scholarly journals ETHICS OF PUBLIC OFFICER AS A MEANS OF ANTI-CORRUPTION

2021 ◽  
Vol 77 (4) ◽  
pp. 127-133
Author(s):  
Yurii Kozar ◽  
Keyword(s):  
International Law ◽  
Public Administration ◽  
The United States ◽  
Executive Power ◽  
Council Of Europe ◽  
State Institutions ◽  
Ethical Violations ◽  
The Us ◽  
The World ◽  
Illegal Acts

The article analyzes the concept of corruption, which is contained in the legislation of Ukraine, substantiates the inexpediency of considering this concept in the narrow sense, that is in the exclusively criminal law, and suggests ways to improve it. It is noted that the proposed methods should be based on international experience. It is analyzed what forms of illegal acts are included in the concept of corruption and it is proposed to expand this list by including such forms as "request to provide", "possession", "misuse" or "acquisition". It is indicated at what stages the control over observance of ethical requirements of behavior in the sphere of public administration of Ukraine should be carried out. The connection between the level of ethics of public officer and the level of corruption is substantiated. The article also analyzes the international law on corruption and the ethics of public officers. In particular, attention is paid to the Recommendations of the Council of Europe. It is noted which international anti-corruption instruments have been ratified by Ukraine. The article also deals with the activities of Ukraine in the Organization for Economic and Social Development. Attention is paid to the experience of other countries in anti-corruption, special attention is paid to the regulation of public officers’ ethics in these countries. The experience in anti-corruption in the least corrupt countries of the world, Denmark, New Zealand, and Finland, is described. The process of introducing programs to improve the level of ethics in the system of executive power in the United States is analyzed. The US legislation in this area is described. It is emphasized that in this country there are special procedures for resolving cases of ethical violations in the civil service and mechanisms for enforcement of rules governing ethical conduct, in particular through the activities of authorized bodies. The need to expand the scope of corruption to non-state institutions is substantiated.

Part VIII Compliance, Implementation, and Effectiveness, Ch.58 International Environmental Responsibility and Liability

2021 ◽  
Author(s):  
Voigt Christina
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Strict Liability ◽  
Standard Of Care ◽  
Customary Law ◽  
Environmental Harm ◽  
State Responsibility ◽  
Environmental Damage ◽  
Illegal Acts ◽  
The Relationship

This chapter analyses the relationship between international environmental law and state responsibility, considering primary obligations, environmental harm, and the standard of care/due diligence. Accountability for internationally illegal acts, such as breach of a treaty or the violation of customary law rules, is relatively well developed in general international law under the concept of state responsibility, though not in a codified, treaty-based manner and some uncertainties exist. In general, ‘state responsibility’ refers to the accountability of a state for a violation of international law and is premised upon an internationally wrongful act which can be attributed to a state. The consequences of international responsibility for a wrongful act are the obligation of the wrongdoer to cease that act, to offer assurances of non-repetition, and to make full reparation of the injury caused by the internationally wrongful act, including compensation for environmental damage. On the other hand, rules for strict liability for environmental harm resulting from lawful activities are not so well established, and remain singular and exceptional.

Reforming the Law of Humanitarian Intervention

2018 ◽  
Author(s):  
Allen Buchanan
Keyword(s):  
International Law ◽  
Humanitarian Intervention ◽  
Public Commitment ◽  
Illegal Acts ◽  
The Law ◽  
Nato Intervention

This chapter examines key relationships between law, morality, and morally progressive changes in the law. It first documents that in some important cases improvements in international law have come about through processes that involved the violation of existing international law. Then it makes the case that illegal acts can be morally permissible if they are credibly directed toward significant improvement in the law and if they are undertaken in a way that exhibits a public commitment to lawfulness. The 1999 NATO intervention in Serbia for the sake of protecting ethnic Albanians in Kosovo is employed as a concrete example to illustrate the issues and distinctions.

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