International Norms and Legislation of The Azerbaijan Republic for Exclusion of Carrier’s Liability in Maritime Freight

This chapter examines the complicated history of Zainichi, Korean residents in Japan, who came to Japan during the colonial era. After 1945, Zainichi lost all citizenship rights and had to fight for many rights, but the division in the Korean peninsula cast a shadow over Zainichi communities, hampering effective activism for more rights in Japan. Focusing on the issue of fingerprinting—the most salient example of rights violations against Zainichi—the chapter demonstrates how, since the late 1970s, global human rights principles have enabled Zainichi to recast their movement as claims for universal rights regardless of citizenship and to use international forums to pressure the Japanese government, leading to the abolition of the fingerprinting practice. Zainichi achieved similar successes in other areas of rights except for political rights, where international norms do not clearly support suffrage for noncitizens. Zainichi also contributed to global human rights by advancing rights for noncitizen minorities.

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Diplomacy

10.1093/oso/9780198755203.003.0005 ◽

2018 ◽

Author(s):

James Pattison

Keyword(s):

International Norms ◽

Moral Importance ◽

International Body ◽

Naming And Shaming

This chapter considers diplomatic measures, including diplomatic criticism (naming and shaming), dialogue and mediation, the cutting of diplomatic ties, and the denial of membership of an international body. The first part of the chapter focuses on diplomatic criticism, arguing that it can help to address the situation, contribute to morally valuable international norms, and even punish offenders. In doing so, it considers the objection that diplomatic criticism is too demanding and that states are not entitled to criticize others when they are being hypocritical. More broadly, the chapter establishes the moral importance of expressing condemnation and upholding morally valuable international norms. The chapter also generally defends the case for mediation, negotiation, and denial of membership, but rejects the utility of the cutting of diplomatic ties.

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Conclusion

10.1093/oso/9780198820376.003.0009 ◽

2018 ◽

Author(s):

Astrid Kjeldgaard-Pedersen

Keyword(s):

International Law ◽

International Norms ◽

Individual Rights ◽

A Posteriori ◽

Legal Personality ◽

International Legal Personality

Chapter 9 reiterates and reflects on the overall conclusions of the previous chapters: (1) that positive international law has consistently supported Kelsen’s ‘a posteriori’ conception of international legal personality; (2) that, consequently, the international legal personality of any entity is solely a matter of (presumption-free) interpretation of international norms; and (3) that we must abandon both the widespread presumption against direct individual rights and obligations (in accordance with the ‘modified States-only’ conception of international legal personality) and the use of the orthodox ‘States-only’ conception of international legal personality as means to distinguish between international law and national law.

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