scholarly journals Reconstructing Westphalian Sovereignty as an Effort to Enforce Human Rights Case Study: Humanitarian Intervention in the Libyan Conflict

2019 ◽  
Vol 2 (1) ◽  
pp. 1-10
Author(s):  
Anna Kharisma Fehmita Mubin
Keyword(s):  
Human Rights ◽  
International Politics ◽  
Humanitarian Intervention ◽  
Causal Explanation ◽  
International Community ◽  
State Sovereignty ◽  
Critical Approach ◽  
Human Rights Protection ◽  
Human Rights Norms

State sovereignty and humanitarian intervention are two sides of a coin, presenting a threat to human rights enforcement, especially when human rights violation is done by the state. Failure from a state to provide human rights protection for its citizen will lead to intervention from the international community to enforce human rights in the name of humanitarian norms. The humanitarian intervention will indirectly weaken the principles of Westphalian state sovereignty as the main premise in the politics of international relations. This article is a case study of the Libyan conflict in 2011. This study uses the constructivism approach to analyze the contrasting relation between the principles of traditional Westphalian sovereignty and humanitarian intervention concept, and how this relationship may shift the human rights norms in the international community. In the constructivism approach, it is not enough to offer a causal explanation in order to understand international politics. Instead, it needs a more interpretative understanding. Hence, this study is conducted with a qualitative method, a critical approach to human rights in contemporary international politics.

scholarly journals Human Rights between the Local and Global

2017 ◽  
Vol 18 (1) ◽  
pp. 78-107
Author(s):  
Andrew Wolman
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Core ◽  
Human Rights Regime ◽  
The World ◽  
Human Rights Norms ◽  
Institutional Relationships

Over the last two decades, municipal human rights institutions have proliferated around the world. One of the newest examples of such initiatives is the Seoul Human Rights Ombudsperson Office, which was established in January 2013 as one of the core institutions of human rights protection in Seoul, Korea. This article will present a case study of the operations of the Seoul Human Rights Ombudsperson Office based on interviews and documentary research. It will focus on the question of how this newly established institution fits into the existing human rights regime, and in particular address three distinct issues, namely the degree to which the Seoul Human Rights Ombudsperson Office reflects local versus national or international influences, the types of institutional relationships it has with other human rights actors, and the degree to which it implements local versus national or international human rights norms.

scholarly journals THE POSSIBILITY OF THE RIGHT TO RELIGION EMERGING AS A JUS COGENS NORM (PART 2)

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
David Abrahams ◽  
Tayla Dye
Keyword(s):  
Human Rights ◽  
International Community ◽  
Previous Article ◽  
Republic Of Korea ◽  
Human Rights Violations ◽  
Jus Cogens ◽  
The Right ◽  
Near Future

This article follows a previous article published in Obiter Vol 2 of 2016. In that article the concept of jus cogens and its role in the international community, together with the nature of the right to religion, were discussed. In Part Two, the seriousness of such human rights violations needs to be appreciated by the international community at large. To this end, the Democratic People’s Republic of Korea will serve as a case study, examining the extent of the DPRK’s compliance of its obligations vis-à-vis the right to religion. This should ultimately lead to an understanding as to why the right to religion emerging as a jus cogens norm will not solve the problem of enforcement, and even if it could, due to the uncertainty surrounding the formation of jus cogens it is unlikely that other human rights will be added to the list in the near future.

scholarly journals Chinese Foreign Direct Investment and Human Rights in Kenya: A Mutually-Affirming Relationship?

2021 ◽  
Vol 2 (1) ◽  
pp. 133-154
Author(s):  
Rosemary Mwanza
Keyword(s):  
Human Rights ◽  
Foreign Direct Investment ◽  
Direct Investment ◽  
International Investment ◽  
Reciprocal Relationship ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Investment Arbitration ◽  
Human Rights Norms ◽  
Chinese Foreign Direct Investment

Does the increase in Chinese foreign direct investment (FDI) inflows into Kenya portend doom for human rights in the country? The prominent narrative has been that FDI undermines human rights in host states, especially those in the developing world. This narrative is countered by claims that there exists a mutually affirming relationship between FDI and human rights. Proponents of this view posit that FDI facilitates the diffusion of human rights norms and correlates with the improved rule of law in host states. They also point to emerging human rights jurisprudence in international investment arbitration as evidence of a reciprocal relationship between FDI and human rights. In light of these arguments, this paper analyses the extent to which such a reciprocal relationship bears out between Chinese FDI and human rights in Kenya. It will be demonstrated that given the lack of a framework for human rights accountability for corporations at the international level, the restrictive treatment of human rights in international investment arbitration tribunals and weak institutional capacity in host states, a positive overlap between FDI and human rights is hardly a panacea for human rights protection in Kenya. Therefore, a synergy of legal measures and non-legal measures provide a pragmatic approach to insulate human rights from violations that may be associated with Chinese FDIs.

Triage

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
Legal Reform ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Effective Implementation ◽  
The Core ◽  
International Human ◽  
Core Idea ◽  
Human Rights Norms

This chapter advocates a process called “triage” for resource allocation that requires investing more heavily in areas where the evidence indicates that human rights promotion is most likely to work. It argues that the universality of human rights norms, which are the bedrock of the international human rights legal system and the core idea of the Universal Declaration of Human Rights, is not a tenable guide for the most effective implementation of human rights norms. It explains why human rights is a matter of national interest and how assessments of leverage impact human rights. It shows how triage can help stewards in the area of international legal reform and concludes by outlining steps that could transform the process through which government stewards work to protect human rights and increase the returns on international promotion efforts for human rights protection.

Part II Substantive Aspects, Ch.4 Intentional Destruction of Cultural Heritage

2020 ◽  
Author(s):  
Lenzerini Federico
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
International Law ◽  
International Community ◽  
Cultural Groups ◽  
Special Significance ◽  
Customary International Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Cultural Heritage

This chapter focuses on the practice of deliberate destruction of cultural heritage, which has represented a plague accompanying humanity throughout all phases of its history and has involved many different human communities either as perpetrators or victims. In most instances of deliberate destruction of cultural heritage, the target of perpetrators is not the heritage in itself but, rather, the communities and persons for whom the heritage is of special significance. This reveals a clear discriminatory and persecutory intent against the targeted cultural groups, or even against the international community as a whole. As such, intentional destruction of cultural heritage, in addition of being qualified as a war crime, is actually to be considered as a crime against humanity. Furthermore, it also produces notable implications in terms of human rights protection. Protection of cultural heritage against destruction is today a moral and legal imperative representing one of the priorities of the international community. In this respect, two rules of customary international law exist prohibiting intentional destruction of cultural heritage in time of war and in peacetime.

19. Indigenous Peoples’ Human Rights

2016 ◽  
Author(s):  
Paul Havemann
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Indigenous Peoples ◽  
Self Determination ◽  
State Sovereignty ◽  
Group Rights ◽  
Indigenous Group ◽  
The Right ◽  
The Impact

This chapter examines issues surrounding the human rights of Indigenous peoples. The conceptual framework for this chapter is informed by three broad, interrelated, and interdependent types of human rights: the right to existence, the right to self-determination, and individual human rights. After describing who Indigenous peoples are according to international law, the chapter considers the centuries of ambivalence about the recognition of Indigenous peoples. It then discusses the United Nations's establishment of a regime for Indigenous group rights and presents a case study of the impact of climate change on Indigenous peoples. It concludes with a reflection on the possibility of accommodating Indigenous peoples' self-determination with state sovereignty.

18. Human Rights and Forced Migration

2016 ◽  
Author(s):  
Gil Loescher
Keyword(s):  
Human Rights ◽  
Forced Migration ◽  
International Community ◽  
World Politics ◽  
Internal Displacement ◽  
High Commissioner ◽  
Forced Migrants ◽  
International Refugee Regime

This chapter examines the link between human rights and forced migration. It first considers the human rights problems confronting forced migrants both during their flight and during their time in exile before discussing the differing definitions accorded refugees today as well as the difficulty in coming up with a widely accepted definition. It then explores the roles and functions of the Office of the UN High Commissioner for Refugees and the international refugee regime. It also uses the case study of Myanmar to illustrate many of the human rights features of a protracted refugee and internal displacement crisis. Finally, it describes how the international community might respond to new and emerging challenges in forced migration and world politics, and better adapt to the ongoing tension between the power and interests of states and upholding refugee rights.

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