Dynamics of International Human Rights in Japan

Human Rights Regime ◽

International Human ◽

Individual Petition

Starting with a preliminary evaluation of Canadian human rights practices, the author critically traces the development of international human rights ih Japan. While the country has been aflfcted favourably by the newly-emerging international human rights regime, judicial reluctance to acknowledge the relevance of human dignity leads the author to conclude that there is still a long way to go in achieving the desired situation. The article ends with a calI for the acceptance of treaty-based individual petition procedures, which in his view may effectively induce the judiciary to open up to the universal norms for the protection of human rights.

The Conservationist Principle under International Humanitarian Law versus a Transformative Occupation in a Human Rights Context

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) ◽

10.22304/pjih.v6n1.a2 ◽

2019 ◽

Vol 06 (01) ◽

pp. 27-49

Author(s):

Maria Yánez

Keyword(s):

Human Rights ◽

International Humanitarian Law ◽

State Responsibility ◽

International Human Rights Law ◽

Humanitarian Law ◽

Human Rights Regime ◽

International Human ◽

The Law

This article presents a discussion about the necessary evolution of the law of occupation facing the obligations set for by the International Human Rights regime, based on the law of State responsibility. In the first section of this two-part study, the article delivers a state of the art through the analysis of doctrine and both universal and regional jurisprudences on State responsibility based on the extraterritorial application of International Human Rights Law. On the second part, the article provides analysis on temporal (beginning and end) and territorial aspects of occupation that have a direct impact on the obligation to respect and to ensure the rights of every subject to the State’s jurisdiction. In the final section, the article discusses the clash between the traditional conservationist principle and the transformative occupation principle. This study employed a logic-inductivist method. To conclude the discussion, this study is in the position that the conservative principle under International Humanitarian Law is considered archaic; and should give way to better protection of human rights in an international occupation context.

The Institutional Future of the Covenants

10.1093/oso/9780198825890.003.0014 ◽

2018 ◽

Author(s):

Felice D Gaer

Keyword(s):

Human Rights ◽

Body System ◽

Human Rights Treaties ◽

Treaty Monitoring ◽

Treaty Body ◽

International Human ◽

Normative Standards ◽

Individual Petition

Longstanding proposals to strengthen implementation of the international human rights treaties have often focused on procedural reforms such as harmonizing methods of work or consolidating ten treaty monitoring bodies into one. This article reviews past reform efforts and then considers proposals to create stronger individual petition mechanisms—including a ‘world court’—as a way of strengthening human rights implementation. After discussing these proposals, the author offers additional ways to make the system more effective and efficient. She rejects the oft-suggested proposal to create a ‘world court’ for human rights, noting legal, organizational, logistical, and financial obstacles. Rather than rushing to tear down the current treaty body system, the author offers a proposal for determining how consolidation of petition proceedings might affect normative standards.

China’s Evolving Posture toward the International Human Rights Regime: 1949–2017

China and the International Human Rights Regime ◽

10.1017/9781108888745.002 ◽

2021 ◽

pp. 42-76

Keyword(s):

Human Rights ◽

Human Rights Regime ◽

Regional Human Rights

10.5771/9783748910251 ◽

2021 ◽

Keyword(s):

Human Rights ◽

Protective Mechanisms ◽

Human Rights Protection ◽

Rights Protection ◽

Protection Systems ◽

International Human ◽

Local Languages ◽

Specific Country

Regional human rights mechanism are now in place covering nearly all five continents with the notable exception of Australia. Regional and international human rights protection are not meant to thwart each other. On the contrary, the regional protection of human rights is intended to back up and strengthen the international one by translating human rights into local languages and supporting them with additional protective mechanisms like commissions and courts that enforce regional human rights documents. In this volume, five experts from various continents will introduce regional human rights protection systems in Europe, Africa, Asia, Latin America and Australia providing an overview of the regional protections vis-à-vis the international one and then contextualising it in specific country context.

The role of international human rights organisations in the context of the conflict in Eastern Ukraine

Journal of the National Academy of Legal Sciences of Ukraine ◽

10.37635/jnalsu.28(1).2021.24-31 ◽

2021 ◽

Vol 28 (1) ◽

pp. 24-31

Author(s):

Nina I. Karpachova

Keyword(s):

Human Rights ◽

Current Status ◽

Human Rights Violations ◽

Quantitative And Qualitative Research ◽

Human Rights Organizations ◽

High Commissioner ◽

The task of this paper is to study the role of international human rights organizations in response to the conflict taking place in eastern Ukraine. The study is based on recent reports from the Office of the UN High Commissioner for Human Rights and the OSCE on Ukraine. The relevance of the stated topic is determined by the situation with human rights violations in the armed conflict in Ukraine and the significant role of international human rights organizations, making active efforts to resolve it. The purpose of this study is to determine the main aspects of the role that international organizations play in resolving this range of issues. This will help to identify potential opportunities to tackle the problem with human rights violations in the Ukrainian territories. The study combines quantitative and qualitative research of the entire spectrum of issues brought into the subject. The main results obtained are: analysis of the role and place of international human rights organizations in assessing the situation with the conflict in the Ukrainian territories and obtaining statistical information on the current status of human rights violations in these territories. The value of this paper lies in obtaining practical recommendations for finding ways to peacefully resolve the conflict in the East of Ukraine and implementing comprehensive measures to create conditions for the protection of human rights in this region

Introduction to the International Human Rights Regime

10.1163/9789004479074 ◽

2003 ◽

Author(s):

Manfred Nowak

Keyword(s):

Human Rights ◽

Human Rights Regime ◽

Towards an International Human Rights Regime during the Inter-War Years:The League of Nations’ Combat of Traffic in Women and Children

Beyond sovereignty ◽

10.1057/9780230626522_4 ◽

2007 ◽

pp. 54-79 ◽

Cited By ~ 29

Author(s):

Barbara Metzger

Keyword(s):

Human Rights ◽

League Of Nations ◽

Human Rights Regime ◽

Women And Children ◽

Conclusion: Human Rights Treaties (Sometimes) Protect Rights

Contentious Compliance ◽

10.1093/oso/9780190910976.003.0007 ◽

2019 ◽

pp. 193-224

Author(s):

Courtenay R. Conrad ◽

Emily Hencken Ritter

Keyword(s):

Human Rights ◽

International Law ◽

International Institutions ◽

Domestic Institutions ◽

Human Rights Regime ◽

Human Rights Treaties ◽

This chapter highlights the conclusions and contributions of theresearch: obligation to international law can constrain leaders from violating human rights-and encourage potential dissidents to revolt against their governments. The argument that human rights treaties "work" is contrary to the explanations of a wide variety of scholars who maintain that the international human rights regime has been an abject failure. Although scholars have found evidence that domestic institutions can lead to decreased repression, there has been little support for the argument that international institutions do so.In contrast, this book finds that-if international law creates even the smallest shift in assumptions over domestic consequences for repressive authorities-these effects can yield a substantively meaningful reduction in rights violations when leaders have significant stakes in domestic conflicts.

18. Human Rights

Politics in the Developing World ◽

10.1093/hepl/9780198737438.003.0018 ◽

2017 ◽

Cited By ~ 1

Author(s):

Michael Freeman

Keyword(s):

Human Rights ◽

World War Ii ◽

Cultural Relativism ◽

Cultural Imperialism ◽

World War ◽

Human Rights Regime ◽

The World ◽

History Of ◽

This chapter examines the concept of human rights, which derives primarily from the Charter of the United Nations adopted in 1945 immediately after World War II. It first provides a brief account of the history of the concept of human rights before describing the international human rights regime. It then considers two persistent problems that arise in applying the concept of human rights to the developing world: the relations between the claim that the concept is universally valid and the realities of cultural diversity around the world; and the relations between human rights and development. In particular, it explores cultural imperialism and cultural relativism, the human rights implications of the rise of political Islam and the so-called war on terror(ism), and globalization. The chapter concludes with a discussion of the new political economy of human rights.

Part III Structural Principles, Ch.14 Human Dignity

The Oxford Handbook of International Human Rights Law ◽

10.1093/law/9780199640133.003.0015 ◽

2013 ◽

Author(s):

Carozza Paolo G

Keyword(s):

Human Rights ◽

Human Dignity ◽

Universal Declaration ◽

International Human Rights Law ◽

Human Rights Law ◽

Structural Principles ◽

International Human ◽

The Right ◽

International Instruments

This article examines the issue of human dignity in relation to human rights. It analyses the functions and principle of human dignity and its use in the Universal Declaration of Human Rights and other international instruments. It suggests that human dignity seems to help justify expansive interpretations of human rights and strengthens the centrality and importance of the right in question and limiting possible exceptions or limitations to that right. This article also contends that the difficulty of reaching greater consensus on the meaning and implications of human dignity in international human rights law may be attributed to the fact that it refers to both a foundational premise of human rights and to a principle that affect interpretation and application of specific human rights.