American Courts, Global Norms

Human Rights Law ◽

High Profile ◽

The Supreme Court ◽

Heated Area ◽

This chapter considers a phenomenon that has consistently been among the most contentious of modern legal controversies—the application by American courts of international human rights. Recent years have witnessed high-profile conflicts over international human rights law. One major battle involves whether, when, and how U.S. courts should recognize rights set out in the nation's treaty obligations. Another heated area of contention has arisen under an act of Congress, the Alien Tort Statute. Perhaps most heated of all have been debates over the use of foreign legal materials, including customary international law, to interpret the Constitution of the United States. In these areas as well, the Supreme Court, and the judiciary generally, has wavered. Yet once more, a fresh appreciation of the principles the Founders entrenched, the subsequent custom that on balance confirms that original vision, and the consequences of the way nations interact in a globalized age—all these imperatives point away from the path that the judiciary appears more and more to be considering, and back to the course first established.

The Idea of International Human Rights Law

10.1093/oso/9780198749844.001.0001 ◽

2019 ◽

Author(s):

Steven Wheatley

Keyword(s):

Human Rights ◽

International Law ◽

Human Rights Law ◽

Moral Concept ◽

Fragmentation Of International Law

Human Rights Treaties ◽

International Human ◽

International Human Rights Law has emerged as an academic subject in its own right, separate from, but still related to, International Law. This book explains the distinctive nature of the new discipline by examining the influence of the moral concept of human rights on general international law. Rather than make use of moral philosophy or political theory, the work explains the term ‘human rights’ by examining its usage in international law practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice in the United Nations, the core human rights treaties, and customary international law, The Idea of International Human Rights Law shows how a moral concept of human rights emerged, and then influenced the international law doctrine and practice on human rights, a fact that explains the fragmentation of international law and the special nature of International Human Rights Law.

Judgment of the Supreme Court of Canada of February 28, 2020, on Nevsun v. Araya: a “quiet revolution” in the assessment of the status of corporations under public international law?

Meždunarodnoe pravosudie ◽

10.21128/2226-2059-2021-2-25-39 ◽

2021 ◽

Vol 11 (2) ◽

pp. 25-39

Author(s):

Vera Rusinova ◽

Olga Ganina

Keyword(s):

Human Rights ◽

Supreme Court ◽

International Law ◽

Supreme Court Of Canada ◽

Human Rights Law ◽

Public International Law ◽

The Supreme Court ◽

The article analyses the Judgment of the Supreme Court of Canada on the Nevsun v. Araya case, which deals with the severe violations of human rights, including slavery and forced labor with respect of the workers of Eritrean mines owned by a Canadian company “Nevsun”. By a 5 to 4 majority, the court concluded that litigants can seek compensation for the violations of international customs committed by a company. This decision is underpinned by the tenets that international customs form a part of Canadian common law, companies can bear responsibility for violations of International Human Rights Law, and under ubi jus ibi remedium principle plaintiffs have a right to receive compensation under national law. Being a commentary to this judgment the article focuses its analysis on an issue that is of a key character for Public International Law, namely on the tenet that international customs impose obligations to respect human rights on companies and they can be called for responsibility for these violations. This conclusion is revolutionary in the part in which it shifts the perception of the companies’ legal status under International Law. The court’s approach is critically assessed against its well-groundness and correspondence to the current stage of International law. In particular, the authors discuss, whether the legal stance on the Supreme Court of Canada, under which companies can bear responsibility for violations of International Human Rights Law is a justified necessity or a head start.

Jurisdictional Immunities of the State for Serious Violations of International Human Rights Law or the Law of Armed Conflict

Canadian Yearbook of international Law/Annuaire canadien de droit international ◽

10.1017/s0069005800010857 ◽

2013 ◽

Vol 50 ◽

pp. 243-287 ◽

Cited By ~ 2

Author(s):

Paul David Mora

Keyword(s):

Human Rights ◽

International Law ◽

Armed Conflict ◽

The State ◽

Human Rights Law ◽

Law Of Armed Conflict ◽

SummaryIn its recent decision in Jurisdictional Immunities of the State (Germany v Italy: Greece Intervening), the International Court of Justice (ICJ) held that Italy had failed to respect immunities enjoyed by Germany under international law when the Italian courts allowed civil actions to be brought against Germany for alleged violations of international human rights law (IHRL) and the law of armed conflict (LOAC) committed during the Second World War. This article evaluates the three arguments raised by Italy to justify its denial of immunity: first, that peremptory norms of international law prevail over international rules on jurisdictional immunities; second, that customary international law recognizes an exception to immunity for serious violations of IHRL or the LOAC; and third, that customary international law recognizes an exception to immunity for torts committed by foreign armed forces on the territory of the forum state in the course of an armed conflict. The author concludes that the ICJ was correct to find that none of these arguments deprived Germany of its right under international law to immunity from the civil jurisdiction of the Italian courts.

4. Human Rights in International Law

Human Rights: Politics and Practice ◽

10.1093/hepl/9780198708766.003.0005 ◽

2016 ◽

Author(s):

Rhona K. M. Smith

Keyword(s):

Human Rights ◽

International Law ◽

Human Rights Law ◽

Legal Context ◽

National Human ◽

International Human ◽

United Nations System

This chapter examines the international legal context of human rights. It first considers the historical evolution of international human rights law, with particular emphasis on the reincarnation of philosophical ideals as international laws (treaties), before discussing the principal sources of international human rights law such as customary international law and ‘soft’ law. It then describes the various forms of expressing human rights, along with the core international human rights instruments. It also explores the mechanisms for monitoring and enforcing human rights, including the United Nations system, regional human rights systems, and national human rights systems. Finally, it explains the process followed for a state wishing to be bound to the provisions of a treaty and the benefits of listing human rights in treaties.

REPUTATION AND COMPLIANCE WITH INTERNATIONAL HUMAN RIGHTS LAW: EXPERIMENTAL EVIDENCE FROM THE US AND SOUTH KOREA

Journal of East Asian Studies ◽

10.1017/jea.2019.20 ◽

2019 ◽

Vol 19 (2) ◽

pp. 215-238

Author(s):

Matthew Dale Kim

Keyword(s):

Human Rights ◽

South Korea ◽

Public Support ◽

The United States ◽

Human Rights Law ◽

The Us ◽

Survey Experiments ◽

AbstractPast studies suggest that domestic public support for compliance with international human rights law can constrain governments to comply with human rights law. But the question remains: Why does the public care about compliance? Using a series of survey experiments in South Korea and the United States, this study finds that constituents are concerned about compliance in one issue area—such as human rights—because they believe it will affect the country's reputation in other domains of international law. Cross-national survey experiments demonstrate that past noncompliance negatively affects the South Korean public's second-order beliefs about the likelihood of future compliance across different issue areas. However, past noncompliance has a limited impact on the US public's first-order beliefs across different domains.

Customary International Law and International Human Rights Law: A Proposal for the Expansion of the Alien Tort Statute

Indiana International & Comparative Law Review ◽

10.18060/17886 ◽

2013 ◽

Vol 23 (3) ◽

pp. 523-554

Author(s):

Anne Lowe

Keyword(s):

Human Rights ◽

International Law ◽

Human Rights Law ◽

International Human ◽

Alien Tort Statute

The United States’ Approach to International Human Rights Law

Effective Strategies for Protecting Human Rights ◽

10.4324/9781315203454-13 ◽

2017 ◽

pp. 135-146

Author(s):

David Weissbrodt

Keyword(s):

United States ◽

Human Rights ◽

The United States ◽

Human Rights Law ◽

Armed Groups and Customary International Human Rights Law

10.1093/oso/9780198808381.003.0011 ◽

2017 ◽

Author(s):

Katharine Fortin

Keyword(s):

Human Rights ◽

International Law ◽

Human Rights Law ◽

Armed Groups ◽

Legal Obligations ◽

Chapter 11 analyses arguments that armed groups are bound by human rights law by virtue of customary international law. In doing so, the chapter draws together theories that have been explored in Chapters 7 and 9 about the relevance of territory to the acquisition of legal obligations. The chapter starts by examining the debates about how customary international human rights law binding upon armed groups should be constituted, finding that it will be formed through State practice and opinio juris. It ends by examining different articulations of the theory that armed groups are bound by customary international law by accountability mechanisms, evaluating their credence and making suggestions for their improvement.

IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS STANDARDS THROUGH THE NATIONAL COURTS IN MALAWI

Journal of African Law ◽

10.1017/s0221855302001773 ◽

2002 ◽

Vol 46 (1) ◽

pp. 31-42

Author(s):

THOMAS TRIER HANSEN

Keyword(s):

Human Rights ◽

National Court ◽

Human Rights Law ◽

National Courts ◽

The Supreme Court ◽

International Human ◽

Human Rights Standards ◽

Municipal Level

This article discusses the application of international human rights law by the courts in Malawi. It is divided into five parts. The first part examines the constitutional position of international law at the municipal level and will focus primarily on the position under the current Constitution of Malawi. The second discusses the relevance of international human rights law before national court, with the third part then analysing the relevance of such law in the courts. The fourth part considers the reasons for the attitude of the courts to international human rights law, whilst the final part contains some concluding remarks. The case law discussed is largely that handed down by the Supreme Court and the High Court since 1994.

Due Process Is in the Details: U.S. Targeted Economic Sanctions and International Human Rights Law

AJIL Unbound ◽

10.1017/aju.2019.25 ◽

2019 ◽

Vol 113 ◽

pp. 157-162 ◽

Cited By ~ 1

Author(s):

Elena Chachko

Keyword(s):

Human Rights ◽

Due Process ◽

The United States ◽

International Standards ◽

The European Union ◽

Human Rights Law ◽

Wide Range ◽

The United States has employed targeted sanctions—economic and travel restrictions imposed directly on natural and legal persons—in a wide range of policy areas in the past two decades. This includes counterterrorism, nonproliferation, and cyber, as well as sanctions regimes aimed at changing the behavior of various governments. A substantial literature has considered the compatibility with international human rights law of the targeted sanctions practices of other actors, particularly the UN Security Council and the European Union. But relatively few scholars have examined U.S. targeted sanctions practices from that perspective. This essay argues that in principle, current U.S. designation practices can be reconciled with international standards. However, a more robust conclusion about the practices’ compatibility with international human rights law would require more information on the application of designation procedures in individual cases.