scholarly journals Human Rights and the New Zealand Government's Treaty Obligations

1999 ◽  
Vol 29 (1) ◽  
pp. 57
Author(s):  
Geoffrey Palmer
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
International Law ◽  
Environmental Law ◽  
Second World War ◽  
International Treaties ◽  
Inaugural Meeting ◽  
Trade Law ◽  
Municipal Law ◽  
Second World

The International Law Association established a New Zealand branch in Wellington in 1996. This article is an edited version of the speech made by Sir Geoffrey Palmer, on the occasion of the inaugural meeting of the Association in Auckland on 30 April 1998. The author discusses the place of international law in contemporary New Zealand society, especially following the Second World War. He then goes onto discuss international law and municipal law, arguing that there is a substantial degree of overlap between the two. Parliamentary involvement with treaties is also discussed, noting that recent Parliamentary scrutiny of treaties bolsters the argument in favour of courts giving enhanced weight to treaties to which New Zealand has acceded or ratified, even where there is no complementary local legislation. The article then goes onto discuss international law providing a framework for the delivery of human rights to individuals at a domestic level, including in New Zealand. The author expresses regret at New Zealand's general failure to comply with international treaties, arguing that international environmental law and trade law were likely to present similar problems. 

Human Rights

2005 ◽  
Author(s):  
Keith Ewing
Keyword(s):  
Human Rights ◽  
International Law ◽  
Constitutional Law ◽  
Legal Systems ◽  
International Treaties ◽  
Municipal Law

This article begins with a brief discussion of what human rights are. It then considers the international treaties which have emerged to protect human rights in national legal systems, focusing on aspects of the scholarship which has developed alongside the cascade of these rights from international law to constitutional law to ordinary municipal law. This is a process which has been controversial as human rights and democracy are seen by some to be mutually dependent, but by others to be engaged in an abrasive struggle for superiority on the battleground of ideas.

scholarly journals The Concept of an International Institutional Bypass

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 231-235
Author(s):  
Mariana Mota Prado ◽  
Steven J. Hoffman
Keyword(s):  
Human Rights ◽  
International Trade ◽  
International Institutions ◽  
International Security ◽  
International System ◽  
Second World War ◽  
International Treaties ◽  
World War ◽  
The Creation ◽  
Second World

The rapid proliferation of international institutions has been a defining feature of the postwar international architecture. Since the end of the Second World War, the international system has seen the creation of thousands of international treaties and organizations that have established rules governing a multitude of issues that range from international security to human rights, and from international trade to the environment.

1. History

2017 ◽  
Author(s):  
Ed Bates
Keyword(s):  
Eighteenth Century ◽  
Human Rights ◽  
International Law ◽  
Historical Development ◽  
Second World War ◽  
World War ◽  
Universal System ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Second World

This chapter traces the historical development of the concept of human rights and their status in international law. It first discusses human rights on the domestic plane, focusing on the key developments since the late eighteenth century, and then examines international law from the perspective of human rights over the period up to the Second World War. Finally, the chapter considers the efforts to create a universal system of human rights protection in the 1940s, culminating with the proclamation of the Universal Declaration of Human Rights in 1948.

18. The Protection of Human Rights

2020 ◽  
pp. 404-426
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalà
Keyword(s):  
Human Rights ◽  
International Law ◽  
Second World War ◽  
International Level ◽  
Human Rights Law ◽  
World War ◽  
Minimum Standards ◽  
Protection Of Human Rights ◽  
Treat All ◽  
Second World

This chapter surveys the process of emergence of human rights law in the post-1945 era, focusing on the major milestones, the 1948 Universal Declaration of Human Rights, the two 1966 International Covenants, and the establishment of several regional mechanisms in Europe, the Americas, and Africa. It emphasizes the tension between traditional international law and the development of human rights as a ground-breaking doctrine after the Second World War. In essence the human rights doctrines force States to give account of how they treat all individuals, including their nationals; this make States accountable for how they administer justice, run prisons, and so on. Potentially, it can subvert their domestic orders and requires them to adhere to minimum standards agreed at international level. As a further consequence, human rights doctrines have altered the traditional configuration of the international community as driven only by the interests of States.

Tracing the Relational Internationalist Perspective in Europe After the Second World War

2018 ◽  
Author(s):  
Roxana Banu
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
International Law ◽  
Second World War ◽  
Private International Law ◽  
World War ◽  
Analytical Point ◽  
The Individual ◽  
Second World ◽  
Point Of Reference

This chapter describes the internationalist thinking in private international law after the Second World War and the extent to which internationalist scholars of this period took the individual or the state as the analytical point of reference. It shows how, around the middle of the twentieth century, Henri Batiffol in France and Gerhard Kegel in Germany reawakened an interest in theoretical discussions around the justice dimensions of private international law, while also attempting to repurpose and validate private international law methodology and techniques. Furthermore, this chapter provides an in-depth reading of English private international law scholarship after the Second World War in order to show how English scholars tried to reconstruct private international law theories focused on vested rights as human rights theories.

Individual Patrimonial Rights Under the European Human Rights System: Some Reflections on the Concepts of Possession and Dispossession of Property

1997 ◽  
Vol 25 (1-3) ◽  
pp. 87-104
Author(s):  
Alberto M. Aronovitz
Keyword(s):  
Human Rights ◽  
Soviet Union ◽  
Eastern Europe ◽  
International Law ◽  
Former Soviet Union ◽  
Second World War ◽  
European Countries ◽  
World War ◽  
The Subject ◽  
Second World

Both in general and in regional international law, the subject of private patrimonial rights presents a spectrum of interesting points for discussion. Amid the most notorious issues that have loomed in recent times in relation to this topic, one could refer to the dispute over the dormant accounts of Holocaust victims in Switzerland and other European countries (or, more widely, to the entire question of gold and other property stolen by the Nazis during the Second World War), to the problem of reprivatization of property in Eastern Europe, or to the issue of restitution of property taken in pursuance of communist reforms in the former Soviet Union and its former satellite countries.

scholarly journals Rules and Monitoring Systems – Complementary or Conflicting Logics?: A Response to Fleur Johns

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 187-192
Author(s):  
Grégoire Mallard
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Monitoring Systems ◽  
Legal Regime ◽  
Member States ◽  
Trade Law ◽  
Formal Authority ◽  
Private Actors

In the last century, international law expanded to new domains that had traditionally fallen under exclusive governmental authority—such as human rights, environmental law, nonproliferation law, trade law, etc. This expansion of international rules coalesced into transnational legal fields, which not only include norms, rules, and procedures, but also monitoring systems designed to ensure compliance by member states and private actors. By assuming that all levels of a legal regime (from norms to rules and procedures, and then to monitoring systems and sanctioning mechanisms in case of observed violations) function in a harmonious and complementary way—as the apparatus of international law is supposed to—, some international law scholars may be tempted to avoid spending time analyzing the technical operations of monitoring agencies. The perusal of inspection and compliance manuals is less rewarding and more taxing than the analysis of preambles of treaties and conventions, where norms of good conduct, allocation of rights, and formal authority between institutions are usually delineated.

scholarly journals EMBRACING INTERNATIONAL HUMAN RIGHTS LAW: THE MALAYSIAN EXPERIENCE IN NAVIGATING THE DUAL QUALITY OF INTERNATIONAL LAW

2019 ◽  
Vol 27 (2) ◽  
pp. 265-277
Author(s):  
Farid Sufian Shuaib
Keyword(s):  
Human Rights ◽  
International Law ◽  
Second World War ◽  
World Population ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
World War ◽  
International Human Rights ◽  
International Human ◽  
Second World

International human rights law, as with the setting up of the United Nations at the end of the Second World War, promises in the dignity and worth of the human person of nations large and small.  International human rights law supposes to save the world population from the scourge of war, despots and other miseries.  The international legal order after the end of the Second World War also promises equal sovereignty where all states are equal under international law in spite of inequality of population size, resources and military might.  International human rights law thus applies to all states, to protect all populations. International human rights law has been used to liberate colonies and to protect people from oppression. The universal nature of international human rights law means that it applies to all nations large and small. However, the very fact that it is universal also is troublesome when in its application, the Eurocentric understanding of human rights is imposed on all.  This paper looks both at the acceptance of Malaysia of international human rights law and her schemes in determining the place for universalism in the application of the law.

Kurić and Others v. Slovenia & Kurić and Others v. Slovenia (Just Satisfaction) (Eur. Ct. H.R.)

2014 ◽  
Vol 53 (6) ◽  
pp. 1073-1160 ◽  
Author(s):  
Steven M. Schneebaum
Keyword(s):  
Human Rights ◽  
Federal Republic ◽  
International Law ◽  
Field Tests ◽  
Second World War ◽  
Responsibility To Protect ◽  
State Sovereignty ◽  
World War ◽  
European Continent ◽  
Second World

The dissolution of the Socialist Federal Republic of Yugoslavia (SFRY) brought in its wake massive bloodshed, as well as human rights violations not seen on the European continent since the end of the Second World War. It probed the boundaries of contemporary international law in numerous ways, including providing the first “field tests” of the doctrine of “responsibility to protect,” which may turn out to be the biggest challenge to the notion of state sovereignty posed in centuries.

scholarly journals The Contemporary Conception of Human Rights: Between Concepts, Foundations and Distinctions

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Francisco Cleiton Silva Paiva
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Person ◽  
Second World War ◽  
Fundamental Rights ◽  
World War ◽  
Federal Constitution ◽  
Review Study ◽  
The Right ◽  
Second World

This work aims to present and discuss the contemporary conception of human rights theory.Based on the defense of the dignity of the human person, human rights are the result of conquests throughout history, having taken effect in the international order since the end of the Second World War, when the United Nations (UN) promulgated the Universal Declaration of Human Rights. Human Rights, in 1948, when this document became the normative framework for humanitarian protection worldwide. The aforementioned Declaration provides for a set of rights belonging to every human person, regardless of nationality, race, sex, religion or any other characteristic. Among these rights are the right to life, freedom, food, work, among others, which underpin a dignified existence. In contemporary theory, although there are various ways of designating human rights, such as “human rights","individual rights","fundamental rights", “natural rights", among others, these expressions have the same meaning. However, the majority doctrine essentially distinguishes two terminologies as to its scope: “human rights”, which are used to define the rights established by international law; and “fundamental rights”, which corresponds to those referring to the rights recognized and affirmed by the States, as occurs in Brazil, in the text of the Federal Constitution of 1988. In methodological terms, this article deals with a review study, categorized as qualitative (as to nature), descriptive (as to objective) and bibliographic (as to object) research.

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