The Review of Articles from Korea International Law Review (Vol. 1-49): International Human Rights Law

Human Rights Law ◽

Fragmentation Of International Law

Moral Concept ◽

Customary 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.

Governmental human rights focal points in federal contexts: The implementation of the Istanbul convention in Switzerland as a case study

Netherlands Quarterly of Human Rights ◽

10.1177/09240519211016947 ◽

2021 ◽

pp. 092405192110169

Author(s):

Matthieu Niederhauser

Keyword(s):

Domestic Violence ◽

Human Rights ◽

International Law ◽

Focal Points ◽

Human Rights Law ◽

Federal States ◽

The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.

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.

IS THE PRINCIPAL FUNCTION OF INTERNATIONAL HUMAN RIGHTS LAW TO ADDRESS THE PATHOLOGIES OF INTERNATIONAL LAW? A COMMENT ON PATRICK MACKLEM’S THE SOVEREIGNTY OF HUMAN RIGHTS

University of Toronto Law Journal ◽

10.3138/utlj.67.7 ◽

2017 ◽

Vol 67 (4) ◽

pp. 623-636 ◽

Cited By ~ 2

Author(s):

Christopher McCrudden

Keyword(s):

Human Rights ◽

International Law ◽

Human Rights Law ◽

Principal Function ◽

Rescuing Asylum-Seeker Stranded at Sea: Malaysia’s Duty under International Law

International Journal of Engineering & Technology ◽

10.14419/ijet.v7i3.30.18224 ◽

2018 ◽

Vol 7 (3.30) ◽

pp. 182

Author(s):

Syafiq Sulaiman ◽

Salawati Mat Basir ◽

Mohd Zamre Mohd Zahir

Keyword(s):

Human Rights ◽

International Law ◽

Asylum Seekers ◽

Law Of The Sea ◽

Human Rights Law ◽

Right To Life ◽

International Human ◽

The Right

The protection of the right to life and the duty to rescue persons in distress at sea are the fundamental obligations under two specialized international law regimes which are the international human rights law and the law of the sea. These rules when read together form a strong protection of the human rights of the asylum-seekers stranded at sea. However, often states failed to honour this obligation for various reasons ranging from national security to economic reasons. This article will analyse Malaysia’s responsibilities as regards the right to life and the duty to rescue of these asylum-seekers. It will also identify the existing international and domestic legal framework relevant to the application of these obligations upon Malaysia and whether it has acted in breach of such obligations. The article then proceeded with suggestions for further improvement that Malaysia can adopt in order to better perform its obligations. This study is a pure doctrinal legal research which is qualitative in nature. The data used in this research is collected from library-based resources. These data were then analyzed by using methods of content analysis as well as critical analysis. The article found that Malaysia has a duty to protect the right to life under international human rights law. Additionally, Malaysia is also bound under the law of the sea to perform its duty to rescue. In view of Malaysia’s failure to perform these duties in two occasions in the past consequently had resulted in a violation of international law. Therefore, it is suggested that Malaysia should initiate a revision of its national laws and policies regarding treatment of asylum-seekers stranded at sea to be in line with Malaysia’s duty under international law. Besides, the Malaysian Maritime Enforcement Agency is call upon to comply with the international standards of treatment of persons in distress at sea which includes the asylum-seekers.

Humanity and Human Rights: The Contours of International Law

Nordicum-Mediterraneum ◽

10.33112/nm.12.2.4 ◽

2017 ◽

Vol 12 (2) ◽

Author(s):

Eyassu Gayim

Keyword(s):

Human Rights ◽

International Law ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Human Beings ◽

Human Rights Law ◽

Law Of Nations ◽

Laws regulate conducts by responding to social and political requirements. This holds true for the law of nations as well. Contemporary international law follows two separate tracks when it comes to regulating human rights and humanitarian questions. If international human rights law and international humanitarian law are intended to protect the dignity and worth of human beings, as it is often said, why follow separate tracks? Does humanity really exist? If it does, how does it relate to human rights? If the two are distinct, where do they converge? This article highlights these questions by revisiting the contours of international law.

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 ◽

Customary International 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.

International Human Rights Law and International Humanitarian Law : An Integrated International Law Response to the Prevention of Child Soldiering

International Law and Child Soldiers ◽

10.5040/9781474201070.ch-004 ◽

2014 ◽

Keyword(s):

Human Rights ◽

International Law ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Human Rights Law ◽

International Human ◽

Child Soldiering

Translating International Law into Domestic Law, Policy, and Practice

Foundations of Global Health & Human Rights ◽

10.1093/oso/9780197528297.003.0006 ◽

2020 ◽

pp. 113-132

Author(s):

Gillian MacNaughton ◽

Angela Duger

Keyword(s):

Human Rights ◽

International Law ◽

Human Rights Law ◽

Policy And Practice ◽

International Human ◽

Judicial Actions ◽

Domestic Law ◽

Subnational Governments

This chapter provides an overview of the means through which international human rights law is translated into domestic law, policy, and practice. To have an influence on public health, international human rights law must be translated into domestic action. As international human rights law is largely state centered, it relies upon national and subnational governments to implement it—to promote and protect human rights and to provide remedies to victims of human rights violations. Based upon international rules on domestic implementation, there are four general approaches to translate international law into domestic action: human rights education, policymaking, judicial actions, and engagement with international human rights mechanisms. National and subnational governments use these four approaches to translate international human rights law into domestic law, policy, and practice for health, while nongovernmental organizations and international human rights mechanisms play important roles in monitoring these processes.

Introduction

The Idea of International Human Rights Law ◽

10.1093/oso/9780198749844.003.0001 ◽

2019 ◽

pp. 1-16

Author(s):

Steven Wheatley

Keyword(s):

Human Rights ◽

International Law ◽

Complexity Theory ◽

Human Rights Law ◽

The Moon ◽

Moral Concept ◽

The Introduction observes the emergence of International Human Rights Law as a discipline in its own right, related to, but different from, international law. It notes the criticisms made by some general international lawyers of the distinct methodologies used by human rights lawyers, making the point that any differences between ‘international law’ and ‘international human rights law’ can only be explained by the influence of the moral concept of human rights on international law doctrine and practice—in the same way the Moon influences the Earth’s tides. The work explains how we can use complexity theory to examine the influence of human rights on international law, introducing complexity theory as a methodology in international law. It then explains the general approach in the book.