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.

18. Human Rights

2017 ◽  
Author(s):  
Michael Freeman
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Cultural Relativism ◽  
Cultural Imperialism ◽  
World War ◽  
International Human Rights ◽  
Human Rights Regime ◽  
The World ◽  
History Of ◽  
International Human

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.

2. Historical background

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Historical Background ◽  
International Labour Organization ◽  
World War ◽  
International Human Rights ◽  
Traditional Concept ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Human

This chapter provides an historical sketch of international human rights. It considers the divergent views as to the origins of human rights, and suggests that human rights represent the modern interpretation and an expansion of the traditional concept of the rule of law. The chapter discusses the law of aliens; diplomatic laws; the laws of war; slavery; minority rights; the establishment of the International Labour Organization; and human rights protection after World War II.

The Evolving International Human Rights System

2006 ◽  
Vol 100 (4) ◽  
pp. 783-807 ◽  
Author(s):  
Thomas Buergenthal
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
World War I ◽  
International Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
World War ◽  
International Human Rights ◽  
International Human ◽  
American Society

Few, if any, branches of international law have undergone such dramatic growth and evolution as international human rights in the one hundred years since the founding of the American Society of International Law. This branch of international law did not really come into its own until after World War II. Before then, what today we would broadly characterize as human rights law consisted of diffuse or unrelated legal principles and institutional arrangements that were in one way or another designed to protect certain categories or groups of human beings. Included in this mix prior to World War I were state responsibility for injuries to aliens, international humanitarian law (as we know it today), the protection of minorities, and humanitarian intervention.

The Movement

2020 ◽  
pp. 1-26
Author(s):  
Aryeh Neier
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Medical Personnel ◽  
World War ◽  
International Human Rights ◽  
Men And Women ◽  
Widespread Agreement ◽  
Human Rights Movement ◽  
History Teacher ◽  
International Human

This chapter begins with an account of Natalya Estemirova, a Russian human rights organization Memorialand former history teacher who was abducted and murdered in Chechnya in 2009. It focuses on the international human rights movement that is made up of men and women who gather information on rights abuses, lawyers and others who advocate for the protection of rights, and medical personnel who specialize in the treatment and care of victims. It also points out how human rights was recognized in international agreements such as the Charter of the United Nations and the Universal Declaration of Human Rights since the end of World War II. The chapter highlights the widespread agreement on the international human rights movement that include a prohibition on the arbitrary or invidious deprivation of life or liberty. It also recounts the emergence of the international human rights movement as a force in world affairs in the late 1970s.

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.

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.

The Influence of the Two Covenants on States Parties Across Regions

2018 ◽  
Author(s):  
Samantha Besson
Keyword(s):  
Human Rights ◽  
Domestic Institutions ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
International Human ◽  
Domestic Influence ◽  
Domestic Law

As a companion to the five regional reports in this volume, this chapter’s aim is a double one: first, to bring the comparison up to the regional level, and second, to analyse the international and domestic institutions, procedures, and mechanisms that affect how international human rights instruments influence domestic law. The chapter is therefore both a study in comparative international human rights law and a contribution to its methodology. Its structure is four-pronged. The first section clarifies the aim, object, and method of the comparison. The second section presents a comparative assessment of the Covenants’ domestic influence across regions and develops a grid of comparative analysis. The third section addresses the authority of the Committees’ interpretations of the Covenants, relying on a bottom-up comparative law argument. The fourth section discusses the role of human rights comparison and of regional human rights law in enhancing the legitimacy of the Committees’ future interpretations.

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

2021 ◽  
Vol 28 (1) ◽  
pp. 24-31
Author(s):  
Nina I. Karpachova
Keyword(s):  
Human Rights ◽  
Current Status ◽  
Human Rights Violations ◽  
International Human Rights ◽  
Quantitative And Qualitative Research ◽  
Human Rights Organizations ◽  
High Commissioner ◽  
Protection Of Human Rights ◽  
International Human

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

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