scholarly journals Wither International Law? Security Certificates, the Supreme Court, and the Rights of Non-Citizens in Canada

Refuge ◽  
2010 ◽  
Vol 26 (1) ◽  
pp. 172-186
Author(s):  
Graham Hudson
Keyword(s):  
Human Rights ◽  
National Security ◽  
International Law ◽  
International Human Rights ◽  
International Context ◽  
Foreign Law ◽  
The Supreme Court ◽  
International Human ◽  
The One

In this paper, the author examines the role of international law on the development of Canada’s security certificate regime. On the one hand, international law has had a perceptible impact on judicial reasoning, contributing to judges’ increased willingness to recognize the rights of non-citizens named in certificates and to envision better ways of balancing national security and human rights. On the other hand, the judiciary’s attitudes towards international law as non-binding sources of insight akin to foreign law has reinforced disparities in levels of rights afforded by the Canadian Charter of Rights and Freedoms and those afforded by international human rights. Viewed skeptically, one might argue that the judiciary’s selective result-oriented use of international law and foreign law helped it spread a veneer of legality over an otherwise unaltered and discriminatory certificate regime. Reviewing Charkaoui I and II in international context, the author suggests an alternative account. He suggests that the judiciary’s use of international law and foreign law, although highly ambiguous and ambivalent, both was principled and has progressively brought named persons’ Charter rights more closely in step with their international human rights. Although the current balance between national security and human rights is imperfect, the way in which aspects of Canada’s certificate regime have been improved suggests that international law is a valuable resource for protecting the rights of non-citizens in Canada.

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?

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 ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Public International Law ◽  
The Supreme Court ◽  
International Human

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.

scholarly journals Jusnaturalism as the foundation of the concept of international protection of human rights in H. Lauterpacht’s works

2021 ◽  
pp. 392-396
Author(s):  
O. M. Sheredʹko
Keyword(s):  
Human Rights ◽  
International Law ◽  
Natural Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Protection Of Human Rights ◽  
International Human ◽  
International Document

Prominent international law scholar H. Lauterpacht devoted most of his exploratory work to the issue of human rights in international law.This article reveals H. Lauterpacht’s views on the role of international law in the recognition and consolidation of human rights and the role of jusnaturalism as the basis of international human rights law. Analyzing the works by H. Lauterpacht, we can say that the scholar was the founder of international human rights law. Natural law and natural human rights, according to H. Lauterpacht, have been the unchanging basis of human rights of all times.The origins and periodization of jusnaturalism in the works of leading international law scholar are considered. The main statements of the representatives of the natural law concept of different times, in particular, the basic ideas in the works of Socrates, Aulis Aarnio, Francisco de Vitoria, Francisco Suarez, Alberico Gentili, Thomas Hobbes, Samuel von Pufendorf, Hugo Grotius are outlined.The views of prominent philosophers are the foundation of the concept of jusnaturalism.  Numerous supporters of the concept of natural law in different periods of history testify to its importance at every stage of human rights development.International law in this matter is a kind of second stage of recognition and protection of human rights, after recognition in the national law of states.International law is designed to consolidate the rights granted by nature to the human in the international arena.H. Lauterpacht saw the real recognition and protection of human rights by enshrining them in an international document signed by all countries of the world.The scientist proposed a draft international document on the recognition of human rights at the international level called International Bill of the Rights of Man. The provisions proposed in this document were later enshrined in international instruments such as the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966 and the International Covenant on Civil and Political Rights of 1966.

The Limits of Law

2020 ◽  
pp. 109-130
Author(s):  
Michelle Jurkovich
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Right To Food ◽  
International Human ◽  
The Right

This chapter considers the puzzling role of international law around the right to food and examines why the existing law has been unable to generate norms within the advocacy community. It explores the reasons why international anti-hunger organizations rarely legitimate the right to food in legal terms and how this case can challenge the understanding of the relationships between norms, human rights, and law. It also provides a conceptual discussion of the distinction between formal law and norms, underscoring the importance of not conflating the two concepts. The chapter argues that many international anti-hunger organizations still do not conceptualize food as a human right, making international human rights law less relevant. It looks at the hunger case that suggests there is nothing automatic about law generating norms among activists or society at large.

scholarly journals THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: ITS CONTRIBUTION TO THE DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS LAW

REVISTA ESMAT ◽  
2019 ◽  
Vol 11 (17) ◽  
pp. 209
Author(s):  
Mona Paré
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
International Human ◽  
The One ◽  
The Impact

This article examines the impact that the United Nations Convention on the Rights of Persons with Disabilities (CRPD) has had on international human rights law. While it seems that the convention may have a narrow focus, as it focuses on a specific group of people, this paper argues that it has had an impact on international human rights law more generally. This impact started with the negotiation of the convention between 2002 and 2006, and is continuing with its implementation since its entry into force in 2008. The impact is of both procedural and substantive nature. On the one hand, the procedure that led to the development and adoption of the CRPD was innovative, as are the mechanisms that have been put into place to monitor its implementation. On the other hand, the convention introduces and develops concepts in a novel way in international law, such as new ways of considering the concept of equality, and to understand development, for example. The article concludes that the international community should capitalize on the new approaches, and that their application and interpretation should be closely monitored.

Human Rights: Effectiveness of International and Regional Mechanisms

2017 ◽  
Author(s):  
Par Engstrom
Keyword(s):  
Human Rights ◽  
Relative Effectiveness ◽  
International Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
United Nations System ◽  
The One ◽  
Human Rights Norms ◽  
Nations System

The issue of human rights presents a dilemma for the discipline of international relations (IR) in general and the literature on international institutions in particular. Since international human rights institutions are primarily, but not exclusively, concerned with how states treat their own citizens, they seek to empower individual citizens and groups vis-à-vis their own governments. A major concern is whether such institutions make a difference for the protection and promotion of human rights. This concern has spawned a series of research questions and some major lines of enquiry. The study of human rights regimes has developed at the interface between IR and international law, along with the norms and practices of global human rights institutions. In addition, human rights has been institutionalized globally through the United Nations system and the connections between the development over time of international human rights institutions on the one hand, and their relative effectiveness in shaping human rights behavior on the other. The development and impact of international human rights law and policy have also been influenced by regionalism. While the research on human rights regimes has provided important insights into the role of institutions in narrowing the gap between the rhetoric and practice of human rights, there are crucial areas that need further scholarly attention, such as the domestic actors and institutions that act and could potentially act as “compliance constituencies” and conduits of domestic implementation linking international human rights norms to domestic political and legal institutions and actors.

The Evolving Role of Nationality in the Protection and Enjoyment of Human Rights

2019 ◽  
pp. 50-90
Author(s):  
Michelle Foster ◽  
Hélène Lambert
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Treaty Law ◽  
History Of ◽  
International Human

Chapter 3 considers the role of nationality in the protection and enjoyment of human rights. It examines the history of international law’s involvement in and regulation of matters concerning nationality, thereby providing a crucial link between Chapter 2 and Chapters 4, 5, and 6. It begins by reviewing the traditional position whereby considerations of nationality, including the practice of re-admission for non-nationals, fell within the reserved domain of states through their own nationality laws. The chapter outlines the evolution of international human rights law and its impact on state discretion, such that in many instances, deprivation of nationality (i.e. denial of nationality and/or withdrawal of nationality) may now well violate norms of international law. The chapter therefore examines deprivation of nationality, and the consequences for the persons concerned, in treaty law, UN documents, and the jurisprudence of international and regional courts.

scholarly journals The Laws of Antiterrorism Between Security Necessity And International Human Rights Standards

2020 ◽  
Vol 9 (3) ◽  
pp. 143
Author(s):  
Saido J. Hasso ◽  
Khalida Th. Maree
Keyword(s):  
Human Rights ◽  
International Law ◽  
The Other ◽  
International Human Rights ◽  
Wide Range ◽  
International Human ◽  
The One ◽  
Human Rights Standards

There is no doubt about the seriousness of terrorism، and there is no dispute that it must be combated and eradicated، to protect the security and safety of the society. International law does not prevent states from resorting to laws and taking necessary measures to combat terrorism. However, these laws, procedures and restrictions must conform to international human rights standards، and the interests of which the restrictions preserve are less valuable than the rights themselves, which means there must be a balance between the security and safety of society on the one hand and the preservation of rights and freedoms on the other, but the problem lies in the misuse of this right and these standards by criminalizing a wide range of permissible acts, to achieve political goals، and the liquidation of opponents and other illegal objectives.

scholarly journals THE ROLE OF HUMAN RIGHTS IN THE PROCESS OF CONSTITUTIONALIZATION OF INTERNATIONAL LAW

2020 ◽  
Vol 25 (1) ◽  
pp. 235
Author(s):  
Angela Jank Calixto ◽  
Luciani Coimbra de Carvalho
Keyword(s):  
Human Rights ◽  
International Law ◽  
Historical Context ◽  
International Norms ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Deductive Method ◽  
International Human

This paper aims to verify how the development of International Human Rights Law demonstrates the existence of a constitutional tendency in International Law. Adopting the deductive method, it analyzes the main doctrines that recognize the possibility of International Law assuming constitutional characteristics, the historical context that led to the emergence of these ideas, and the advances brought by the IHRL. It was verified that the development of the IHRL has consolidated means of affirming the existence of a process of constitutionalization, giving greater legitimacy and force to the international norms intended to protect individuals.

scholarly journals Globalization, International Human Rights, and Civil Procedure

1969 ◽  
pp. 671 ◽  
Author(s):  
Trevor C. W. Farrow
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Civil Procedure ◽  
World War ◽  
Specific Context ◽  
International Human Rights ◽  
Global Context ◽  
International Human ◽  
The One

This article discusses the modem convergence of three traditionally separate topics: globalization and international human rights on the one hand, and civil procedure on the other. Its project is twofold: first, to highlight the role of domestic legal processes and communities in the advancement of the post-World War II international human rights project. Second—in contemplation of the specific context of teaching civil procedure—to help bring alive the power and increasingly-global context of civil procedure for the benefit of students.

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