scholarly journals The Uyghur Minority in China: A Case Study of Cultural Genocide, Minority Rights and the Insufficiency of the International Legal Framework in Preventing State-Imposed Extinction

Laws ◽  
2020 ◽  
Vol 9 (1) ◽  
pp. 1 ◽  
Author(s):  
Ciara Finnegan
Keyword(s):  
International Law ◽  
Minority Groups ◽  
International Crime ◽  
Legal Framework ◽  
Genocide Convention ◽  
Cautionary Tale ◽  
Loss Of Life ◽  
Cultural Genocide ◽  
International Obligations

Raphael Lemkin, the man who founded the term ‘genocide,’ did so with a view to protecting not only physical beings from systematically imposed extinction, but also protecting their cultures from the same fate. However, in the wake of the atrocities and bloodshed of WWII, cultural genocide was omitted from the 1948 Genocide Convention, and as a result, does not constitute an international crime. This omission has left a lacuna in international law which threatens minority groups. Not a threat of loss of life but rather loss of the culture that distinguishes them and identifies them as a minority. Powerful States with indifferent attitudes towards their international obligations face no significantly harsher punishment for cultural genocide than they do for other human rights transgressions. Consequently, cultural genocide continues as minority cultures are rendered extinct at the hands of States. The Case Study of this article investigates the present-day example of the Uyghur minority in China and analyzes whether this modern cultural genocide can pave the way for the recognition of cultural genocide as an international crime or whether the Uyghur culture will become a cautionary tale for minorities in the future.

scholarly journals “International arbitration in investment disputes” case study of Egypt

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sabah Ahmd Farag
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Investment Climate ◽  
International Arbitration ◽  
Content Type ◽  
Investment Promotion ◽  
Arbitration Process ◽  
Peaceful Settlement ◽  
The Subject

Purpose This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion and protection agreementsTypes of arbitration in investment disputes. The Egyptian experience in investment disputes arbitration. The National legal framework. Egypt on the map of investment disputes in the world. A case study. Conclusion: Results related to the legal framework regulating investment disputes in Egypt. Results related to The arbitration cases against Egypt. Design/methodology/approach The researcher investigates the subject of international arbitration in investment disputes in the framework of voluntary theory, which is based on the premise that the satisfaction of people who are addressing the international legal norm is the basis of the same rule. In other words, the basis of international law is based on the satisfaction of the State and other international legal persons Both, and then express or implied consent. Findings Despite the availability of domestic and regional arbitration mechanisms in Egypt represented by a large number of cases. Research limitations/implications The theme for the study primarily on Egypt and the international arbitration of investment disputes, through theoretical and practical study of disputes arbitration which Egypt is a party defendant in which to focus on what was issued in which the provisions of the International Center for Settlement of Investment Disputes, in an attempt to find out the reasons for the verdicts image released it, where it came mostly against Egypt, and whether these judgments against them in investment disputes due to reasons related to the legal framework of the arbitration process, or for reasons of bodies of arbitration issued by those provisions, or to the defense, which represents the Egyptian party, or to the circumstances Economic and political (which represents the investment climate). Originality/value The proposed solutions to improve the conditions and factors surrounding the arbitration disputes that Egypt is waging against foreign investors, whether they are initially alleged or accused of drafting agreements and contracts, through amending the relevant legislation and laws, selecting arbitration bodies and defense bodies.

scholarly journals Enclave Governance and Transnational Labour Law – A Case Study of Chinese Workers on Strike in Africa

2019 ◽  
Vol 88 (4) ◽  
pp. 558-586 ◽  
Author(s):  
Yifeng Chen ◽  
Ulla Liukkunen
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Equatorial Guinea ◽  
Private International Law ◽  
Labour Law ◽  
Cross Border ◽  
Legal Context ◽  
Chinese Workers ◽  
Economic Globalisation

This article examines deficits in the current legal framework of posted workers in a global setting through a case study involving Chinese posted workers striking in Equatorial Guinea. Posting highlights the challenges that economic globalisation and transformation of the labour market pose to labour law. As a phenomenon whose normativity is deeply embedded in the cross-border setting where it occurs, posting should profoundly affect the transnational labour law agenda. The emergence of transnational labour law should be seen from the perspective of reconceptualising existing normative regimes in the light of an underpinning transnationality and sketching the architecture for the normative edifice of transnational labour protection. The transnational legal context under scrutiny calls for a wider normative framework where the intersections between labour law, international law and private international law are taken seriously. Global protection of posted workers should be a featured project on the transnational labour law agenda.

scholarly journals The Transfer of Asylum Seekers in Australia to Third Countries: A Case Study of Sovereignty versus International Law

2013 ◽  
pp. 187-196
Author(s):  
Hugh S. Tuckfield
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Refugee Convention ◽  
Refugee Law ◽  
Human Rights Treaties ◽  
International Obligations ◽  
The Cost ◽  
International Conventions

Asylum is an issue equally central to refugee law and human rights. Generally, they are protected under the 1951 Refugee Convention, but asylum cases are largely state regulated affair, subject to state legislations, policies and guidelines, which certainly do not preclude the applicability of international obligations directing the conduct of state towards the asylum seekers, which emanate from the recognized international human rights principles such as right to seek asylum and right against refoulement and right not to be arbitrarily detained. Contracting parties to international conventions such as the 1951 Refugee Convention, ICCPR, ISESCR, CAT, CRC, CEDAW and CERD among others acquire the responsibility to respect, protect and fulfill the obligations adducible in treatment of asylum seekers. In this regard, Australia was one of the earliest state parties to the 1951 Refugee Convention and is also a party to the relevant human rights treaties. However, it is determined to adhere to its conventional understanding of sovereignty and nationalism, at the cost of comprising the minimum protection of the rights of those who seek asylum in it.

Protecting cultural property in Syria: New opportunities for States to enhance compliance with international law?

2017 ◽  
Vol 99 (906) ◽  
pp. 1037-1074 ◽  
Author(s):  
Polina Levina Mahnad
Keyword(s):  
International Law ◽  
Legal Framework ◽  
International Community ◽  
Cultural Property ◽  
Third Party ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Loss Of Life ◽  
Near Future ◽  
Political Settlement

AbstractThe war in Syria has lasted for six years and has led to massive destruction and loss of life. Stymieing international peace efforts from the outset, there is increasing doubt that the conflict will reach a resolution or political settlement in the near future. This frustration has triggered an appetite among States, civil society and the international community for finite and concrete measures that can contribute to greater protection and compliance with international law. A recent constellation of events around the protection of cultural property appears to herald a shift in the response of the international community toward prescribing practical and actionable measures for third-party States. Drawing on the responsibility of third States “to respect and ensure respect for” international humanitarian law, this article examines the legal framework protecting cultural property and recent innovative protection responses that contribute to ensuring compliance with international law in Syria, short of military assistance and intervention.

scholarly journals Pelanggaran Berat HAM dalam RUU KUHP: Tinjauan dari Hukum Internasional (Gross Violations of Human Rights in the Criminal Code Bill: an Overview from International Law)

2020 ◽  
Vol 11 (2) ◽  
pp. 125-144
Author(s):  
Bernhard Ruben Fritz Sumigar
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
Criminal Code ◽  
Crimes Against Humanity ◽  
Human Rights Violations ◽  
Legal Challenges ◽  
International Obligations

The spirit of the drafter of the Criminal Code Bill (CCB) to fully codify all criminal provisions, including those relating to the gross violations of human rights, into a single legally binding instrument is marked with the inconsistency of its formula with the standard provided in numerous instruments under international law. In light of this situation, this article is presence to discuss legal challenges arising from the stipulation of gross violations of human rights under CCB. By using qualitative and descriptive normative methods, this article finds three fundamental problems between the provisions of CCB and the international legal framework. The problems in question are related to (i) the inaccuracy of the use of the term “Serious Crimes against Human Rights” in CCB, as well as misregulation of (ii) crimes of genocide and (iii) crimes against humanity in CCB with international law. On this basis, this article concludes that the provisions of gross human rights violations in CCB are contrary to the provisions of international law which are binding and applicable to Indonesia, and therefore, this article is prepared to provide recommendations for policymakers to reconsider the formulation of the provisions of gross human rights violations in CCB in order to be compatible with Indonesia’s international obligations to comply with the provisions of international law. AbstrakSemangat perumus Rancangan Undang-Undang KUHP (RUU KUHP) untuk melakukan kodifikasi total semua ketentuan pidana, termasuk yang berkaitan dengan pelanggaran berat HAM, ditandai dengan ketidak-konsistenan antara rumusan yang diatur dengan standar dalam sejumlah instrumen hukum internasional. Berdasarkan hal tersebut, artikel ini disusun untuk mendiskusikan tantangan hukum yang akan timbul dari pengaturan tentang pelanggaran berat HAM dalam RUU KUHP. Dengan menggunakan metode kualitatif dan deskriptif normatif, artikel ini menemukan 3 (tiga) permasalahan antara ketentuan RUU KUHP dan kerangka hukum internasional, yaitu (i) istilah “Tindak Pidana Berat terhadap HAM” yang tidak tepat (ii) kejahatan genosida, dan (iii) kejahatan terhadap kemanusiaan. Berdasarkan 6pembahasan, artikel ini menyimpulkan bahwa ketentuan pelanggaran berat HAM dalam RUU KUHP bertentangan dengan ketentuan hukum internasional yang mengikat dan berlaku bagi Indonesia. Oleh karena itu, artikel ini memberikan rekomendasi bagi pembuat kebijakan untuk merumuskan kembali ketentuan pelanggaran berat HAM dalam RUU KUHP agar sepadan dengan ketentuan hukum internasional.

Part II Substantive Aspects, Ch.6 The Responsibilities to Protect Cultural Heritage and Prevent Cultural Genocide

2020 ◽  
Author(s):  
Nafziger James A R
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
International Crime ◽  
Responsibility To Protect ◽  
Soft Law ◽  
Cultural Genocide ◽  
Secure Foundation ◽  
Political Principle ◽  
International Discourse ◽  
Atrocity Crimes

This chapter assesses the concept of a State’s limited responsibility to protect persons against atrocities (R2P). Though still quite new, R2P is already respected and modestly operational as a political principle or, arguably, as soft law. It is importantly related to the international crime of genocide, as acknowledged, for example, by the title and mission of the United Nations Office on Genocide Prevention and the Responsibility to Protect. The chapter then looks at the applicability of R2P to cultural heritage, introducing the concepts of cultural genocide and cultural cleansing against a background of armed conflict. With reference to R2P, the intentional mass destruction of cultural material already has been accepted under international law as evidence of atrocity crimes against persons. Somewhat paradoxically, however, although cultural genocide has become prominent in international discourse as a threat to fundamental human rights and global order, it lacks a secure foundation in international law.

Picking Battles

2019 ◽  
pp. 216-232
Author(s):  
Rotem Giladi
Keyword(s):  
South Africa ◽  
Twentieth Century ◽  
Human Rights ◽  
International Law ◽  
Racial Discrimination ◽  
International Society ◽  
Minority Groups ◽  
League Of Nations ◽  
Genocide Convention ◽  
Mandate System

Race is one of the more ubiquitous, yet least explored, shifts in twentieth-century international law. From law that was founded in key areas and concepts on racial distinctions, international law quickly came to denounce various manifestations of race theories and racial discrimination. The establishment of the UN reflected a racialized understanding of the international society assumptions of the League of Nations mandate system. The 1948 Universal Declaration addressed entitlement to human rights without distinction of race, yet the Genocide Convention extended protection to racial (identity of) minority groups. In South Africa, race policies provided both the impetus and multiple occasions for formulating claims about a new, de-racialized international law from 1946 onwards. At these struggles against apartheid, binary political confrontations could take form as competing visions of international law, both old and new. This chapter charts the sites of contestation over apartheid and its effects on international law.

The Law of Genocide

2018 ◽  
Author(s):  
Robert Weiner
Keyword(s):  
International Law ◽  
Ad Hoc ◽  
International Crime ◽  
International Community ◽  
Criminal Court ◽  
Genocide Convention ◽  
Sovereign State ◽  
Winston Churchill ◽  
United Nations General ◽  
International War

Genocide is described as the most extreme form of crime against humanity; Winston Churchill even called it the “crime with no name.” The word “genocide” was coined by Raphael Lemkin, a Polish lawyer who embarked on a mission to persuade the international community to accept genocide as an international crime under international law. In 1946, the first session of the United Nations General Assembly adopted a resolution declaring genocide as a crime under international law. This resolution became the basis for the Convention on the Prevention and Punishment of the Crime of Genocide, introduced in 1948. However, it would take another fifty years before the Genocide Convention would establish an International Criminal Court that would prosecute international war criminals. In the 1990s, special ad hoc tribunals were created for Yugoslavia and Rwanda to deal with international crimes such as genocide, crimes against humanity, and war crimes. In reaction to the failure of the international community to deal with genocide in Rwanda, a great deal of emphasis has been placed on the norm of “the Responsibility to Protect.” The Genocide Convention was tested in the case brought by Bosnia and Herzegovina against Serbia (originally Serbia and Montenegro) in 1993. It was the first time in history that a sovereign state was placed on trial for the commission of genocide. The implications and ramifications of the International Court of Justice’s ruling that the Serbian government did not commit genocide in Bosnia became a subject of considerable debate among legal scholars.

Obligations erga omnes and the question of standing before the International Court of Justice

2021 ◽  
pp. 1-21
Author(s):  
Priya Urs
Keyword(s):  
International Law ◽  
International Community ◽  
Genocide Convention ◽  
International Court Of Justice ◽  
Collective Interest ◽  
Progressive Development ◽  
Court Of Justice ◽  
International Court ◽  
International Obligations ◽  
Issue Attention

Abstract A number of states have in recent years sought to invoke the responsibility of other states for breaches of their international obligations erga omnes. Their contention is that these obligations are not owed to them bilaterally but in the collective interest, whether as states parties to multilateral treaties or as members of the international community as a whole. This growing interest in the invocation of responsibility for breaches of obligations erga omnes is discussed primarily in relation to the International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts. The Articles being a statement of principle, and indeed, a progressive development of the law on the issue, attention must also be paid to the decisions and dicta of the International Court of Justice. Of particular interest, and the focus of this article, is the question of a state’s standing to institute proceedings before the Court to invoke responsibility for the breach of an obligation erga omnes even in the absence of any injury on its part. The most recent manifestation of this position is The Gambia’s institution in 2019 of proceedings against Myanmar, solely on the basis that all states parties to the Genocide Convention have a legal interest in compliance with the obligations therein. By scrutinizing the practice of the Court to date, the article examines the limits and consequences of an expansive right of standing for states seeking to enforce obligations erga omnes at the Court.

Heritage Listing as a Tool for Advocacy: The Possibilities for Dissent, Contestation, and Emancipation in International Law Through International Cultural Heritage Law

2015 ◽  
Vol 5 (2) ◽  
pp. 387-409 ◽  
Author(s):  
Lucas LIXINSKI
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Minority Groups ◽  
Jammu And Kashmir ◽  
Regional Autonomy ◽  
Territorial State ◽  
Cultural Minorities ◽  
Indian State ◽  
Social Agendas

This paper discusses the possible uses of heritage listing under UNESCO for the promotion of broader political and social agendas by minority groups. The paper uses as a case-study the “Buddhist Chanting of Ladakh: recitation of sacred Buddhist texts in the trans-Himalayan Ladakh region, Jammu and Kashmir, India”. This heritage showcases issues of Tibetan autonomy (both within India and more broadly), relationships between Tibetan and Muslim cultures, and regional autonomy and accommodation of cultural minorities in the Indian state. There are many uses of listing Ladakhi heritage, ranging from listing as a means for autonomy of the Ladakhi, to listing as an instrument of domination, or even geographical control. I argue that heritage listing is not as “apolitical” as normally thought of, and it can be used as a mechanism to both benefit or harm minority groups and the advocacy of their claims within or against the territorial state.

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