Emergency Regimes in Cameroon: Derogations or Failures of Law?

2017 ◽  
Vol 25 (4) ◽  
pp. 519-537
Author(s):  
Gerard Emmanuel Kamdem Kamga
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
International Standards ◽  
The Rule Of Law ◽  
Emergency Situations ◽  
International Commitments ◽  
External Threat ◽  
International Instruments ◽  
Human Rights Violation

The article engages with the issue of emergency regimes in Cameroon and compliance with the international standards on that matter. Emergency regimes which entail human rights violation and infringement of the rule of law have become over the years an essential technique of government in Cameroon. Authorities are inclined to invoke such regimes more in times of democratic competition than in times of real external threat. With emergency regimes being organised by a set of international instruments mainly from a treaty-based system, the study focuses on the scale of compliance of the Cameroon emergency system with such international standards. These standards amount to a set of principles that states should comply with when confronted by emergency situations. For example, the UN Charter compels state parties to respect and protect human rights in all circumstances. With Cameroon being subject to international law and to its international commitments towards state and non-state actors, this article questions whether emergency regimes as currently designed in the country are mere derogations or failures of law.

The Involvement of UN in Palestine and the Possibility of a Global Protection Force

2021 ◽  
pp. 105-112
Author(s):  
Kainat Kamal
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Peacekeeping Operations ◽  
Security Environment ◽  
Sustainable Peace ◽  
Un Peacekeeping ◽  
Peace And Security ◽  
Peacekeeping Missions

The United Nations (UN) peacekeeping missions are mandated to help nations torn by conflict and create conditions for sustainable peace. These peacekeeping operations hold legitimacy under international law and the ability to deploy troops to advance multidimensional domains. Peacekeeping operations are called upon to maintain peace and security, promote human rights, assist in restoring the rule of law, and help conflict-prone areas create conditions for sustainable peace ("What is Peacekeeping", n.d.). These missions are formed and mandated according to individual cases. The evolution of the global security environment and developing situations in conflictridden areas requires these missions to transform from 'traditional' to 'robust' to 'hybrid', accordingly (e.g., Ishaque, 2021). So why is it that no such model can be seen in restoring peace and protection of Palestinian civilians in one of the most protracted and deadly conflicts in history?

Part III Structural Principles, Ch.20 Democracy and the Rule of Law

2013 ◽  
Author(s):  
Tomuschat Christian
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
The Rule Of Law ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
Structural Principles ◽  
International Instruments

This article examines the role of the rule of law and democracy in international human rights law. It discusses the legal nature and the formal recognition of the rule of law and democracy. It explains that that rule of law and democracy are elements that constitute essential pillars promoting real enjoyment of human rights but they are dependent on the general conditions prevailing within society. This article highlights the importance of the supervisory roles of international bodies in ensuring the effectiveness of the guarantees set forth in international instruments for the protection of human rights.

The Psychosis of Permanent War

2014 ◽  
Vol 44 (1) ◽  
pp. 42-51
Author(s):  
Chris Hedges
Keyword(s):  
United States ◽  
New York ◽  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
New York Times ◽  
The United States ◽  
Pulitzer Prize ◽  
Jewish State ◽  
The Rule Of Law

In this no-holds-barred essay, former New York Times Middle East correspondent and Pulitzer Prize–winning journalist Chris Hedges examines how the United States’ staunch support provides Israel with impunity to visit mayhem on a population which it subjugates and holds captive. Notwithstanding occasional and momentary criticism, the official U.S. cheerleading stance is not only an embarrassing spectacle, Hedges argues, it is also a violation of international law, and an illustration of the disfiguring and poisonous effect of the psychosis of permanent war characteristic of both countries. The author goes on to conclude that the reality of its actions against the Palestinians, both current and historical, exposes the fiction that Israel stands for the rule of law and human rights, and gives the lie to the myth of the Jewish state and that of its sponsor, the United States.

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

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 The role of prosecutors in state of emergency

2021 ◽  
Author(s):  
Tamara Manea ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Community Services ◽  
State Of Emergency ◽  
Health Crisis ◽  
The Rule Of Law ◽  
Emergency Situations ◽  
Procedural Time ◽  
Functional Autonomy

The COVID-19 pandemic has caused a global health crisis unlike any experienced for more than a century. The need for keeping social distancing and applying lockdown measures have resulted, in many instances, in the disruption of courts’ and prosecution services’ work, delays in proceedings and have impacted on procedural time limits and the suspension or reduction of legal aid, as well as public and community services. The measures have significantly affected international cooperation. The prosecutors have faced the challenge of making sure that, in the course of their work; the measures taken under public health emergency are used so as to protect people and not as a pretext for human rights infringements and those new legal measures are applied with strict respect for human rights obligations. The objective of Opinion nr. 15 is therefore to determine how prosecution services can, without hampering their functional autonomy, fulfill their mission with the highest quality and efficiency, respecting the rule of law and human rights, in the context of emergency situations, particularly the COVID-19 pandemic and their aftermath. This Opinion mostly does address the concerns of prosecutors to work as efficiently as possible, even under the most challenging circumstances, avoiding any unlawful or undue interference in their work and maintaining the highest quality in all their activities and strict respect for the law and human rights.

Ensuring Human Rights in Criminal Proceedings in the Context of a Pandemic

2020 ◽  
Vol 11 ◽  
pp. 99-104
Author(s):  
O. V. Kachalova ◽  
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Rule Of Law ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Public Interests ◽  
The Rule Of Law ◽  
Emergency Situations ◽  
General Terms ◽  
Private And Public

The coronavirus pandemic has put a number of legal issues on the agenda of the world community – how to ensure the rule of law in the face of the need to save the lives and health of many people, how to achieve a reasonable balance in the ratio of various human rights in a pandemic situation, how to determine the criteria for proportionality of restrictions on essential human rights. The criminal justice authorities and courts have a serious task to ensure human rights, achieve the effectiveness of criminal proceedings and access to justice in the context of the coronavirus pandemic, on the one hand, and take the necessary measures to ensure the safety of persons involved in criminal proceedings, including their own, from the threat of COVID-19 infection, on the other. Measures that restrict human rights in the context of a pandemic must be implemented in accordance with the principles of the rule of law, respect for human rights, the rule of law, legal certainty and proportionality. Proportionality can be established by determining a reasonable balance of private and public interests in each particular situation, through an assessment of the affected interests in terms of their significance. In General terms, the rights and freedoms that provide the most significant benefits are given priority. The criteria for determining a reasonable balance between private and public interests and for resolving an emerging conflict of human rights are determined taking into account the immediate circumstances of the case (the epidemiological situation, the state of health of participants in the process, the urgency and significance of the proceedings for participants in criminal proceedings and the interests of justice, the ability to ensure the necessary sanitary and epidemiological requirements). The coronavirus pandemic has put on the agenda the issue of creating a strategy for the transformation of criminal justice institutions in emergency situations, when the normal mode of criminal proceedings is impossible due to objective reasons.

Nepal

2019 ◽  
pp. 628-655
Author(s):  
Pratyush Nath Upreti ◽  
Surya P. Subedi
Keyword(s):  
Economic Development ◽  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
Historical Background ◽  
Fair Share ◽  
The Rule Of Law ◽  
China And India ◽  
Liberal Democratic ◽  
Freedom Of Action

This chapter looks at international law in Nepal. Nepal has had more than its fair share of internal political upheavals. In the latter part of the twentieth century, this history was complemented by a diverse set of interactions with the United Nations and the regimes negotiated under its auspices. These interactions with the outside world and international law have tended to pursue three objectives: first, asserting and protecting Nepal’s freedom of action and maintaining its own equilibrium vis-à-vis its two larger neighbours, China and India; second, economic development; and third, promoting liberal democratic values underpinned by human rights and the rule of law. After reviewing this historical background, the chapter then considers the application of international law in the Nepalese legal system as well as the specific ways in which international law has been used in Nepalese politics to bridge normative gaps, in the context of hydro-diplomacy between India and Nepal and in the context of transit and trade rights.

scholarly journals REALIZATION OF LAW PROTECTION OF HUMAN RIGHTS CONDITION FOR STATE AND CITIZEN SAFETY

2017 ◽  
Vol 3 (1-2) ◽  
Author(s):  
Tatjana Gerginova
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
International Standards ◽  
European Convention ◽  
The European Union ◽  
The Rule Of Law ◽  
Fundamental Freedoms ◽  
Lasting Peace ◽  
Protection Of Human Rights

Security system of each country constitute the internationallegal documents and acts as well as national security that allow system isorganized as a part of the state apparatus, which system will to enable tomake possible the safety and independence of other states, as well as thelaw protection of basic human rights and freedoms. International documentsfor protection of human rights and fundamental freedoms, as well as legalacts of any national state determines the universal significance of humanrights and freedoms, whose observance is an important factor of peace,justice and security necessary to ensure the development of friendly relationsand cooperation among states, but also a precondition for progress on theestablishment of lasting peace, security, justice and cooperation in Europe. Fullrespect for human rights and fundamental freedoms and the development ofsocieties based on pluralistic democracy and the rule of law are prerequisitesfor progress in ensuring lasting peace, security, justice and cooperation inEurope. The Treaty establishing the European Union, signed in Maastricht in1992 stipulates that respect for human rights is one of the main prerequisitesfor membership in the European Union and the guarantees of human rightsestablished and guaranteed by the European Convention on Human Rights,are respected by Union as general principles of Union law. One of the mainobjectives of the common foreign and security policy of the Member States ofthe European Union is the development of democracy and the rule of law andrespect for human rights and fundamental freedoms. Republic of Macedoniain the processes of democratization incorporate the recommendations of theCouncil of Europe and other international institutions in finding appropriateeffective mechanisms by which holders of public authority will exerciseits powers with respect for and protection of human rights. Respect andprotection of human rights legislation in line with international standards inthis area, should be a primary task of each authority responsible for enforcingthe law.

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