Bobbio, i diritti umani e la dottrina internazionalista italiana

2009 ◽  
pp. 485-502
Author(s):  
Francesco Salerno
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
State Level ◽  
Legal Framework ◽  
Legal Studies ◽  
Long Time ◽  
Legal Thinking ◽  
The Right ◽  
The Impact

- Two elements must be taken into account in order to assess Bobbio's influence on Italian legal thinking regarding human rights and their protection at the international level: on one side, Bobbio's polyedric attitude towards legal studies; on the other side, the difficulty experienced by the Italian doctrine of international law in moving away from traditional positivist and statalist paradigms. The "dialogue" between Bobbio and international legal thinking probably reached its peak in the middle of the 20th Century, when some international law scholars, referring inter alia to Bobbio's reflection on custom as a source of law, developed the idea of "spontaneous law" in connection with international customary rules. Yet, this "contact" had only a limited impact on the law of human rights, probably due to the fact that, for a long time, Italian scholars have generally followed a very cautious approach over the possibility of ascertaining the existence of universal rules for the protection of such rights. Besides, the Italian doctrine of international law, in line with its formalistic and statalist foundations, paid in general little attention to the "promotional" function of international law in the area of human rights, despite Bobbio's attempts to draw the attention to its potentials, especially after the adoption of the Universal Declaration of Human Rights(1948). Italian scholars, assuming that international relations and international law should be looked at from the standpoint of the "constitutional sovereignty" of the State, have also been generally unwilling to study the impact of international rules over issues of constitutional law and to assess whether international law requires States to adopt an institutional and legal framework compatible with the "right to democracy". Instead, Bobbio's attention to federalism has proved to be more easy to share among international law scholars, especially in connection with international organizations acquiring a supra-national dimension: the need of assuring respect of human rights within such organizations, just like at State level, has been constantly remarked by Italian authors.

Legal Protection of Children in Non-International Armed Conflicts in Nigeria

2021 ◽  
pp. 1-27
Author(s):  
Olaitan Oluwaseyi Olusegun
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Conflict Situations ◽  
Legal Frameworks ◽  
The Impact ◽  
Domestic Law

Abstract Armed conflicts are characterised by violence and human rights violations with various implications on the citizens, economy and development of nations. The impact is however more pronounced with life-long consequences on children, the most vulnerable members of the society. This article examines the impact of non-international armed conflicts on children in Nigeria and identifies the laws for the protection of children against armed conflicts, both in international law and Nigeria’s domestic law. It also addresses the challenges involved in the protection of children in armed conflict situations in Nigeria. The study found that legal efforts to protect children have not been given sufficient attention in Nigeria. This is mostly due to various challenges including the fragmentation of legal framework and the refusal to domesticate relevant treaties. It is thus recommended that these challenges be addressed through the implementation of effective legal frameworks.

scholarly journals La primauté du droit : la situation des immigrants et des réfugiés en droit canadien au regard des Chartes et des textes internationaux

2005 ◽  
Vol 28 (3) ◽  
pp. 585-624 ◽  
Author(s):  
Christian Brunelle
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
Legal Protection ◽  
The Rule Of Law ◽  
Immigrants And Refugees ◽  
Long Time ◽  
International Obligations ◽  
The Impact ◽  
Discretionary Powers

The « rule of law » which for a long time was considered as an unwritten part of the Constitution now enjoys full constitutional status. Its enshrining in the preamble of the Canadian Charter sheds considerable light on the manner in which the rights and freedoms of the Charter should be perceived. The author opens his discussion by examining the impact that the constitutionalization of the « rule of law » has had on immigrants and refugees in Canada. As the Immigration Act of 1976 confers numerous discretionary powers which could result in their abusive use, the author analyses how the Human Rights charters applicable in Canada and in Quebec can insure the legal protection of immigrants and refugees. In the second part of his study, the author discusses the principal international texts ratified by Canada which have as their purpose the protection of the rights of immigrants and refugees. As international law is not « self-enforcing » in Canada, the author shows how the internal legal community conforms to the international obligations contracted by Canada.

scholarly journals El derecho humano a participar: Estudio del artículo 21 de la Declaración Universal de Derechos Humanos = The human right to participate: Study of article 21 of the Universal Declaration of Human Rights

2019 ◽  
pp. 33
Author(s):  
Jorge Castellanos Claramunt
Keyword(s):  
Human Rights ◽  
Political Participation ◽  
International Law ◽  
International Development ◽  
Universal Declaration ◽  
Human Right ◽  
Citizenship Rights ◽  
Derechos Humanos ◽  
The Right ◽  
The Impact

RESUMEN: El derecho a la participación política se encuentra en el artículo 21 de la Declaración Universal de Derechos Humanos como un derecho humano. Este derecho ha seguido un desarrollo a nivel internacional desde una perspectiva global, así como continental, por lo que se analiza su evolución en los últimos 70 años y el impacto que ha tenido dentro del desarrollo del Derecho Internacional de los Derechos Humanos. Por último se subraya el carácter fundamental del derecho a participar así como una proyección de su desarrollo en el futuro.ABSTRACT: The right to political participation is found in article 21 of the Universal Declaration of Human Rights as a human right. This right has followed an international development from a global as well as a continental perspective, so its evolution over the last 70 years and the impact it has had on the development of the International Law of Human Rights is analyzed. Finally, the fundamental character of the right to participate is stressed, as well as a projection of its.PALABRAS CLAVE: derechos humanos, participación política, democracia, ciudadanía, derechos.KEYWORDS: human rights, political participation, democracy, citizenship, rights.

Transnational Lawmaking Coalitions for Human Rights

2021 ◽  
Author(s):  
Nina Reiners
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Significant Contribution ◽  
Hate Speech ◽  
Original Data ◽  
Transnational Actors ◽  
Treaty Body ◽  
The Right

Transnational Lawmaking Coalitions is the first comprehensive analysis of the role and impact of informal collaborations in the UN human rights treaty bodies. Issues as central to international human rights as the right to water, abortion, torture, and hate speech are often only clarified through the instrument of treaty interpretations. This book dives beneath the surface of the formal access, procedures, and actors of the UN treaty body system to reveal how the experts and external collaborators play a key role in the development of human rights. Nina Reiners introduces the concept of 'Transnational Lawmaking Coalitions' within a novel theoretical framework and draws on a number of detailed case studies and original data. This study makes a significant contribution to the scholarship on human rights, transnational actors, and international organizations, and contributes to broader debates in international relations and international law.

Intersections between Diplomatic Immunities and the Immunities of International Organizations

2017 ◽  
Author(s):  
Alison Duxbury
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Framework ◽  
Legal Regime ◽  
The Supreme Court ◽  
Diplomatic Immunity ◽  
The Right ◽  
International Law Commission ◽  
The Impact ◽  
Right Of Access

This chapter examines the immunities of international organizations and the impact of the VCDR on this legal regime. While the VCDR is not directly applicable in this context, consideration of the immunities of officials of international organizations and diplomats has intersected in various contexts. These intersections are apparent during the discussions surrounding the drafting of instruments dealing with international immunities (including in the International Law Commission) and also in arguments concerning the application of such immunities in courts (for example, the Supreme Court of New York’s consideration of Strauss-Kahn’s immunity claim). This chapter explores the legal framework that applies in such cases and also analyses the differences between the two systems. Finally, it examines cases where arguments relating to the right of access to the courts, first considered in the context of the immunities of international organizations, have been applied to State and diplomatic immunity.

scholarly journals The Libyan Uprising and the Right of Revolution in International Law

2011 ◽  
Vol 11 (1) ◽  
pp. 7-32
Author(s):  
Thomas Keenan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
Legal Remedy ◽  
Protection Of Human Rights ◽  
The Law ◽  
Peace Enforcement ◽  
The Individual ◽  
The Right ◽  
International Instruments

Abstract Despite the ubiquitous coverage of the Libyan revolution throughout the last six months, very little has been said regarding the legal foundations for the rebels’ actions. Within the international legal framework, it must be asked whether the Libyan people even had a legal right in the first place to overthrow the Gaddafi regime. In fact, the existence of a right to rebel under international law is very much an unsettled matter. Among the sources of international law, a right to rebel is not enumerated in any of the principal international instruments. In truth, the only significant mention of the right is a passing but ambiguous reference in the preamble of the Universal Declaration of Human Rights. A customary right of revolution is similarly absent, as many nations criminalize treason and other insurrectionary activities. Instead, if such a right exists in international law, it must derive from the well-enshrined right of self-determination. Th is right would thus constitute an additional exception to international law’s general prohibition on the use force, standing alongside self-defense and Security Council peace enforcement. Yet establishing a right of revolution would mark a significant departure from these other exemptions. In essence, the right of revolution represents an allowance for non-state actors to resort to force unilaterally for the protection of human rights. For this very reason, contemporary international law likely does not recognize a popular right to revolt. In light of international law’s fi rm restrictions on lawful uses of force, there is no evidence that the law currently acknowledges a novel exception for the individual enforcement of human rights. Th us, in the absence of a change in the law, the proper legal remedy for the Libyan people was not rebellion but rather an appeal to the international community.

scholarly journals The problem of the legislative sentence to the death penalty in russia in the context of international obligations

2015 ◽  
Vol 2 (2) ◽  
pp. 153-161
Author(s):  
A V Ivanov
Keyword(s):  
Human Rights ◽  
International Law ◽  
Death Penalty ◽  
Capital Punishment ◽  
Right To Life ◽  
Council Of Europe ◽  
Fundamental Freedoms ◽  
Long Time ◽  
International Obligations ◽  
The Right

Legislative Sentence to the death penalty as an exceptional measure of capital punishment and its relation to the right to life have been a subject of public discussion for a long time, and nowadays they are topical ones for every civilized state.The International law prohibits the use of capital punishment by a country because the death penalty is the ultimate cruel, inhumanand degrading punishment as well as because the legislative Sentence to the death penalty is contrary to the basic principle of respectfor human rights and fundamental freedoms including the recognition of an absolute right to human life.One of the essential conditions for invitation of Russia to the Council of Europe has been the legislative Sentence for the abolition ofthe death penalty, but Russia still has not ratified Protocol No. 6, and has not taken action on the absolute refusal of the death penalty,so the problem of the Sentence to the death penalty as a capital punishment, continues to be topical more than ever.

scholarly journals Judicial Defence of Constitutionalism in the Assessment of South Africa's International Obligations

2019 ◽  
Vol 22 ◽  
pp. 1-23
Author(s):  
Francois Venter
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
South African ◽  
Judicial Review ◽  
Legal Order ◽  
Political Reality ◽  
International Obligations ◽  
The Impact ◽  
Parliamentary Oversight

The (sometimes fragile) balance between South Africa's constitutional obligations to protect and promote human rights in the international arena and the realities of political practice is the focus of this paper. The Constitution provides for solid dualist mechanisms and procedures for parliamentary oversight of the executive's conduct in the governance of international relations, including the conclusion of treaties. There is, however, a congenital constitutional flaw in the oversight instrumentation of the Constitution: the president is endowed with practically unfettered control over cabinet, and through the cabinet and the parliamentary caucus, he has indirect but firm control over parliament. Consequently, parliamentary oversight of international relations is severely challenged, effectively leaving it to the minority parties, civil society and the courts. This paper assesses the effectiveness of the protection of international human rights in South Africa by constitutional means. It begins by setting out the constitutional foundations that were designed to provide the desired protection and the place of international law in the South African legal order. This is followed by a description of the impact of political reality on the implementation of the constitutional oversight mechanisms. Due to the justiciability of government conduct under the Constitution, parliamentary oversight of executive conduct in the international sphere has largely taken the form of judicial review. In this, the courts have performed very well. This emerges from a concise overview of some key cases in which the courts developed sound principles and delivered strong judgments about the government's failures to maintain the required constitutional standards in its international relations. The cases show a sensitivity on the part of the courts to avoid judicial overreach, while taking up the responsibility to uphold constitutionalism. While the courts' stabilising interventions must be applauded, the executive tendency to flout its constitutional responsibilities remains a cause for concern.

scholarly journals Prospects of decriminalization and legalization of euthanasia in Ukraine

2021 ◽  
pp. 55-60
Author(s):  
A.P Lutsenko ◽  
D.I. Khairullina
Keyword(s):  
Human Rights ◽  
Assisted Suicide ◽  
State Level ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Court ◽  
Right To Life ◽  
Human Right ◽  
The Right

This article is devoted to the study of the legal regulation of the institution of euthanasia in foreign practice and in Ukrainian law. We conducted a thorough analysis of the existing arguments for and against the legalization of the assisted suicide procedure, which have developed in scientific doctrine. Given the importance of the right to life in the fundamental human rights system, deprivation of any life is unacceptable, as it could set a precedent that would lead to the abuse of criminal intent by the possibility of masking premeditated murder with voluntary consent to accelerate biological death. That is why today in Ukraine deprivation of life at the request of a person is a crime, namely premeditated murder, and therefore euthanasia at the state level is now criminalized. However, after analyzing the views of scholars studying the dynamics of human rights, as well as paying attention to the practice of countries that have already legalized euthanasia at the state level, we concluded that assisted suicide today is a powerful mechanism that can guarantee the human right to a dignified existence at the end of her life. A number of foreign countries have shown by their example that the legalization of euthanasia is an important step towards building a more humane and humane society, where there is a place of mercy for terminally ill people who want to end their lives painlessly. The current position of the Constitutional Court of Ukraine on the interpretation of the right to life does not allow for its expanded understanding, and therefore there is a need to amend the Constitution (for example recognition of the right to die) or change the position of the Court. In order for the right to dispose of one's own life to be properly guaranteed in Ukraine as well, we have developed on the basis of our research and proposed an algorithm of actions that can be used in the implementation of the institute of assisted suicide in Ukraine. We emphasize the need to amend the Constitution of Ukraine or change the position of the Constitutional Court on the interpretation of the right to life and the development of an appropriate legal framework that should take into account the medical side of this issue.

Human rights in the Arab World (2009–10): the impact of wasted chances and the consecration of human rights violations

2011 ◽  
Vol 4 (1) ◽  
pp. 51-61 ◽  
Author(s):  
Muhsin ʿAwad
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Global Economy ◽  
Arab World ◽  
Arab Countries ◽  
Economic Rights ◽  
Wide Range ◽  
Long Time ◽  
The Right ◽  
The Impact

This article is based on the Arab Organization for Human Rights (AOHR) report on the situation of human rights in the Arab World (ʿAwad et al. 2010), which was issued in July 2010 and is comprehensive for the period extending from mid-2009 to mid-2010. This connotes a pivotal and decisive period when the Arab nation was obliged to confront critical decisions that will influence the future and the fate of the nation (ummah) for a long time to come. Across a wide range of pivotal issues central to the Arab nation there have been decisive gains at the level of the right of self-determination in Palestine and Iraq, and at the level of civil peace and territorial integrity in the Sudan, Somalia and Yemen, as well as on reform and democratic transition in many Arab countries. For a very long time there has not ceased to be a choice between development, social policies and Arab economic cooperation in the period between two global crises, the first of which depleted Arab sovereign funds by half and the second of which is brewing ominously on the horizon of the global economy. This paper tackles the most prominent features of the human rights condition through four main sections: the development of national legislation; political and civil rights; public freedoms; and developmental and environmental challenges and their impact on the implementation of social and economic rights.

Sign in / Sign up

Export Citation Format

Share Document