An International Relations Perspective on the Reform Needs of the Human Rights Council

2021 ◽  
Vol 62 (1) ◽  
pp. 43-80
Author(s):  
Wolfgang S. Heinz

Abstract: This article approaches the matter of institutional reform of the United Nations Human Rights Council from an international relations perspective. A well-known tension exists between State representatives acting for their governments in international organisations, but whose decisions are presented as UN policies. The latter should be guided primarily by the UN Charter and public international law. However, in reality, different worldviews and foreign policy considerations play a more significant role. In a comprehensive stock-take, the article looks at four major dimensions of the Council, starting with structure and dynamics and major trends, followed by its country and thematic activities, and the role of key actors. Council reform proposals from both States and civil society are explored. Whilst the intergovernmental body remains the most important authority responsible for the protection of human rights in the international sphere, it has also been the subject of considerable criticism. Although it has made considerable progress towards enlarging its coverage and taking on more challenging human rights crises, among some of its major weaknesses are the election of human rights-unfriendly countries into its ranks, the failure to apply stronger sanctions on large, politically influential countries in the South and North, and lack of influence on human rights crises and chronic human rights problems in certain countries. Whilst various reform proposals have emerged from States and NGOs, other more far reaching propositions are under sometimes difficult negotiations. In the mid- to long-term, the UN human rights machinery can only have a stronger and more lasting impact if support from national/local actors and coalitions in politics and society can be strengthened.

2020 ◽  
Vol 50 (1-2) ◽  
pp. 17-33
Author(s):  
Bharat H. Desai ◽  
Balraj K. Sidhu

This study examines the role of international courts and tribunals (ICTs) as important agents for the peaceful settlement of international disputes through the instrumentality of law. The rapid upswing in the number of specialised international courts and tribunals (in areas such as trade, human rights, law of the sea, criminal justice and environment) can be perceived as an attempt by sovereign States to maintain the viability of ICTs in light of perplexity in international relations, growing recognition of peaceful co-existence, quest for institutionalised cooperation and emergence of some of the “common concerns of humankind”, as well as the “duty to cooperate”. The article has sought to make sense of the emergence of ICTs as the “New Environmental Sentinels” and what it portends for our common future. Do we need a specialised international environmental court?


Author(s):  
O. M. Sheredʹko

Prominent international law scholar H. Lauterpacht devoted most of his exploratory work to the issue of human rights in international law.This article reveals H. Lauterpacht’s views on the role of international law in the recognition and consolidation of human rights and the role of jusnaturalism as the basis of international human rights law. Analyzing the works by H. Lauterpacht, we can say that the scholar was the founder of international human rights law. Natural law and natural human rights, according to H. Lauterpacht, have been the unchanging basis of human rights of all times.The origins and periodization of jusnaturalism in the works of leading international law scholar are considered. The main statements of the representatives of the natural law concept of different times, in particular, the basic ideas in the works of Socrates, Aulis Aarnio, Francisco de Vitoria, Francisco Suarez, Alberico Gentili, Thomas Hobbes, Samuel von Pufendorf, Hugo Grotius are outlined.The views of prominent philosophers are the foundation of the concept of jusnaturalism.  Numerous supporters of the concept of natural law in different periods of history testify to its importance at every stage of human rights development.International law in this matter is a kind of second stage of recognition and protection of human rights, after recognition in the national law of states.International law is designed to consolidate the rights granted by nature to the human in the international arena.H. Lauterpacht saw the real recognition and protection of human rights by enshrining them in an international document signed by all countries of the world.The scientist proposed a draft international document on the recognition of human rights at the international level called International Bill of the Rights of Man. The provisions proposed in this document were later enshrined in international instruments such as the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966 and the International Covenant on Civil and Political Rights of 1966.


2021 ◽  
Author(s):  
Bartosz Pacholski

The subject matter of this commentary, which instigates the Views of the Human Rights Committee of 27 January 2021, is the protection of one of the fundamental human rights – the right to life. The Committee, as an authority appointed to oversee compliance with the International Covenant on Civil and Political Rights, had to decide on the issue of Italy’s responsibility for failing to provide assistance to a boat in distress, even if the area in which the vessel was located was not within the territory of this state and other acts of international law attribute the responsibility for executing the rescue operation to a third country. According to the Committee’s views, which applied extraterritorial approach to the protection of the right to life, whenever states have the opportunity to take action for the protection of human rights they should do everything possible in a given situation to help people in need.


Author(s):  
Gisela Hirschmann

This introductory chapter highlights why pluralist accountability is an important empirical phenomenon in global governance that needs to be studied systematically. It demonstrates the limits of the existing literature on international organization (IO) accountability, which has focused on traditional, vertical accountability, whereby the implementing actors are held accountable directly by the mandating authority. The chapter introduces the concept of pluralist accountability as standard setting, monitoring, and sanctioning by independent third parties. It presents the argument that a competitive environment that stimulates third parties to act as accountability holders and the vulnerability of implementing actors regarding human rights demands shape the evolution of pluralist accountability. The chapter then outlines the implications of the book’s analysis for current International Relations and international law scholarship on IOs, in particular with regard to complex delegation, the role of nonstate actors and the study of IO legitimacy. It also contains an overview of the subsequent chapters.


2005 ◽  
Vol 18 (3) ◽  
pp. 345-387 ◽  
Author(s):  
BALAKRISHNAN RAJAGOPAL

The multiplication of legal orders is characteristic of what one could call an age of globalization and counter-hegemonic globalization. In this age, the relationship between international law and other normative orders is increasingly important. The dominant disciplinary frameworks that provide explanations of such a relationship are focused on compliance with and/or the effectiveness of international norms in domestic legal orders and are derived from international relations. In this article, I examine the limits and possibilities of such approaches through a case study of the use of law (at multiple levels) by one of India's most prominent social movements, the Narmada Bachao Andolan (Save the Narmada). The article argues that the use of law by a social movement is a concrete instance of counter-hegemonic globalization in which international law is one of many different legal orders, a situation of global legal pluralism, in which it is impossible to tell in advance which normative order will best advance cosmopolitan goals such as human rights.


The subject of our research will be international protection as it is a theoretical concept, far from the practical meaning that relates to the international conventions and declarations on the protection of human rights and the mechanisms associated with them. It must now evolve only after long periods of time, and with timid beginnings, in this study we must address the stages in the development of international protection. Since international protection-in the sense that this research deals with - concerns international affairs, it has been affected by the development of international relations and similar problems, so this study will also address those problems, which have hindered the development of international protection within the methodology of comparative analysis.


2019 ◽  
Vol 19 (2) ◽  
pp. 284-292
Author(s):  
Malek Mousli

Formally, the Algerian-Russian partnership is labeled “strategic”. This research is providing the answer whether this relationship could be qualified as a “strategic partnership”. Firstly, through the “strategic partnership” concept analysis as a mechanism of modern international cooperation, and secondly, applying the defined elements of “strategic partnership” to the Algerian-Russian relations. The interstate strategic partnership is generally based on the following elements: long and distinguished historical relations, material factors such as strong economic and political relations in the long term, and non-material factors such as common values. By process-tracing some selected economic and political fields and issues of the Algerian-Russian relationship, this article reveals the significance of 2001 as a crucial point that has urged both Algiers and Moscow to significantly alter both their outlook on global politics and on each other. Moreover, distinguished historical lasting and steady ties are at the heart of Algeria's strategic partnership with Russia. The Algerian-Russian / Soviet relations have always been distinct and exemplary both during the War of Independence and during the Cold War or after. Algeria and Russia link a number of common values. These include commitment to democracy, pluralism, the rule of law, and respect for international law. Both countries also respect the sovereignty and territorial integrity of the partner states, promoting a more equitable and balanced system of international relations based on collective solution of global problems, the primacy of international law, and equal relations with the central coordinating role of the UN as the main organization governing international relations. This leads to the conclusion that cooperation between Algeria and Russia is both real and formally a “strategic partnership”.


Amicus Curiae ◽  
2019 ◽  
pp. 20-28
Author(s):  
Pavel Bureš

In this article Pavel Bureš (Senior Lecturer in Public International Law in the Faculty of Law at Palacky University, Czech Republic) aims to portray some basic elements of the relationship between the concepy of human dignity and the evolutive interpretation, setting out key elements, notions and considerations for further thoughts. The article presents some basic issues related to the subject matter, then focuses on the evolutive interpretation, and finally outlines the role of human dignity in the case law related to the evolutive interpretation. Index keywords: Human rights, human dignity, European Court of Human Rights


Author(s):  
S. P. Arteev

The article is in the genre of the review for textbook O. V. Plotnikova and O. Y. Dubrovina International relations of the regions States: characteristics and features (Moscow: Norma; INFRA-M, 2016. 192 p.). Textbook on international activities of sub-state/subnational actors in international relations. Under the sub-state/subnational actors refers to the regions of the States. The authors propose an along with interstate relations (first level) and supranational organizations (second level) to distinguish a third level of international relations - international relations of the regions in Federal and unitary States. The topic is very relevant due to the ongoing restructuring of the architecture of international relations and world politics. In addition, these processes lead to involvement in international relations new actors. The resulting configuration and the role of traditional players. In addition to long-term evolutionary processes, we should not forget about the position of Russia in the last few years. It is obvious that the current tensions around the Russian Federation may not be fully resolved with the old methods. At the same time, sub-state/ subnational actors as subjects of a combined nature, the role played by regions of the Russian Federation, able to combine harmoniously in its international activities as the techniques characteristic of the traditional actors - States and developments in the tools of non-traditional actors - international non-governmental and non-profit organizations etc. As a result of positive results can be achieved faster and at the interstate level. The review considers the subject and the relevance of the topic, presents the analysis of the content of the work. Marked strengths of the textbook, including those associated with the consideration of the diagonal ties and the political components in the international activities of the regions. In addition to the advantages, attention is paid to the analysis of controversial moments. Some authors benefits seem too rigid or insufficiently substantiated. Noted and some defects. The conclusion about the serious significance of this educational publication is not only for a student audience, but also for practitioners.


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