Pinochet’sLegacy Reassessed

2012 ◽  
Vol 106 (4) ◽  
pp. 731-768 ◽  
Author(s):  
Ingrid Wuerth
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
International Law ◽  
New Era ◽  
National Courts ◽  
House Of Lords ◽  
The World ◽  
Augusto Pinochet ◽  
The Way

One of the most dramatic moments in twentieth-century international law transpired in 1999 when the House of Lords denied immunity to Augusto Pinochet, the former dictator of Chile. The “breathtaking” judgment cleared the way for the possible prosecution of Pinochet in Spanish national courts on charges of torture committed during his rule. By limiting immunity, the House of Lords’ rulings turned the world “upside down” and ushered in a new era of accountability for egregious violations of human rights. At least that is the prevailing narrative, one that pits accountability against the international law of immunity and seesPinochetas a watershed moment in that struggle.

scholarly journals WATER FOR ALL? DEVELOPING A HUMAN RIGHT TO WATER IN NATIONAL AND INTERNATIONAL LAW

2016 ◽  
Vol 65 (4) ◽  
pp. 771-789 ◽  
Author(s):  
The Rt Hon Lady Justice Arden
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
World War Ii ◽  
International Law ◽  
Universal Declaration ◽  
European Convention ◽  
World War ◽  
Human Right ◽  
The World ◽  
The Way

Human rights are one of the great ideas of the twentieth century. After World War II, first Eleanor Roosevelt in relation to the Universal Declaration of Human Rights (‘the Universal Declaration’), and then later the drafters of the European Convention on Human Rights (‘the European Convention’) saw human rights as the way to make the world fairer and safer.

Comparative Views on the Right to Vote in International Law

2018 ◽  
Author(s):  
Shai Dothan
Keyword(s):  
Human Rights ◽  
International Law ◽  
National Courts ◽  
European Court ◽  
Right To Vote ◽  
The Right ◽  
Democratic Elections ◽  
The Way

There is a consensus about the existence of an international right to vote in democratic elections. Yet states disagree about the limits of this right when it comes to the case of prisoners’ disenfranchisement. Some states allow all prisoners to vote, some disenfranchise all prisoners, and others allow only some prisoners to vote. This chapter argues that national courts view the international right to vote in three fundamentally different ways: some view it as an inalienable right that cannot be taken away, some view it merely as a privilege that doesn’t belong to the citizens, and others view it as a revocable right that can be taken away under certain conditions. The differences in the way states conceive the right to vote imply that attempts by the European Court of Human Rights to follow the policies of the majority of European states by using the Emerging Consensus doctrine are problematic.

Making Human Rights a Reality

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Population ◽  
International Human Rights Law ◽  
Legal Norms ◽  
Human Rights Protection ◽  
National Human ◽  
The World ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

Recognized and Violated by International Law: The Human Rights of the Global Poor

2005 ◽  
Vol 18 (4) ◽  
pp. 717-745 ◽  
Author(s):  
THOMAS POGGE
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
International Law ◽  
World Bank ◽  
International Organizations ◽  
Human Beings ◽  
Customary International Law ◽  
The World Bank ◽  
Institutional Structures ◽  
The World

Various human rights are widely recognized in codified and customary international law. These human rights promise all human beings protection against specific severe harms that might be inflicted on them domestically or by foreigners. Yet international law also establishes and maintains institutional structures that greatly contribute to violations of these human rights: fundamental components of international law systematically obstruct the aspirations of poor populations for democratic self-government, civil rights, and minimal economic sufficiency. And central international organizations, such as the WTO, the IMF, and the World Bank, are designed so that they systematically contribute to the persistence of severe poverty.

scholarly journals Corruption and Combating Corruption: A Framework for Peace, Human Rights and Sustainable Development in Post-Independent Africa

2018 ◽  
Vol 9 (5) ◽  
pp. 9-17
Author(s):  
Eric Che Muma
Keyword(s):  
Decision Making ◽  
Sustainable Development ◽  
Economic Development ◽  
Human Rights ◽  
Sustainable Peace ◽  
The World ◽  
Decision Making Processes ◽  
Global Peace ◽  
The Way

Abstract Since the introduction of democratic reforms in post-independent Africa, most states have been battling corruption to guarantee sustainable peace, human rights and development. Because of the devastating effects of corruption on the realisation of peace, human rights and sustainable development, the world at large and Africa in particular, has strived to fight against corruption with several states adopting national anti-corruption legislation and specialised bodies. Despite international and national efforts to combat corruption, the practice still remains visible in most African states without any effective accountability or transparency in decision-making processes by the various institutions charged with corruption issues. This has further hindered global peace, the effective enjoyment of human rights and sustainable development in the continent. This paper aims to examine the concept of corruption and combating corruption and its impact on peace, human rights and sustainable development in post-independent Africa with a particular focus on Cameroon. It reveals that despite international and national efforts, corruption still remains an obstacle to global peace in Africa requiring a more proactive means among states to achieve economic development. The paper takes into consideration specific socio-economic challenges posed by corruption and the way forward for a united Africa to combat corruption to pull the continent out of poverty, hunger and instability, and to transform it into a better continent for peace, human rights and sustainable development.

scholarly journals HEROISM IN RUDYARD KIPLING’S NOVEL THE JUNGLE BOOK

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Hartini Selian ◽  
Jumino Suhadi ◽  
M. Manugeren
Keyword(s):  
Qualitative Research ◽  
Human Rights ◽  
Qualitative Method ◽  
Rudyard Kipling ◽  
The Novel ◽  
Social Inquiry ◽  
The World ◽  
The Way ◽  
Descriptive Qualitative

Abstract This study is about heroism in the novel The Jungle Book by Rudyard Kipling. There are three points of discussion under this title: giving protection, defending rights and gratitude. Defending rights is associated with heroic deeds. A hero is a random citizen that rises to an occasion and performs an action of superhero proportions. Gratitude implies thankfulness or an appreciation of benefits conferred together with a desire, when practicable, to return those benefits. Defending rights is tied to human rights which are universally applicable to one and all. These are the significant components of heroism. One of the relevant and outstanding modern theories of heroism applied here is proposed by Gibbon (2009) stating that hero is just an average man who fights to solve a common problem in today’s society. The study is conducted with Descriptive Qualitative Method proposed by Haughman (2009) in which he states that Qualitative research is a form of social inquiry that focuses on the way people interpret and make sense of their experiences and the world in which they live. Kipling leads children down the jungle path into adventures beyond their day to day imagining and along the way he shows the value of ‘doing for yourself', of 'learning who to trust'. The result shows that heroism is highlighted through the major characters and the conclusive points are some of the significant characters such as Mowgli, Father Wolf, Mother Wolf, Hathi, and Bagheera have done heroic deeds. Their heroism is presented in the forms of giving protection, defending rights and gratitude. Keywords: heroism, human rights, gratitude

scholarly journals U-22 Comparison of Common Human Rights with the UN Universal Declaration of Human Rights in the Context of the Farewell Sermon

2020 ◽  
Vol 4 (2) ◽  
pp. 335-350
Author(s):  
Abdul Razaq ◽  
Muhammad Usman Khalid
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
United Nations ◽  
Universal Declaration ◽  
General Assembly ◽  
Member States ◽  
The World ◽  
United Nations Charter ◽  
United Nation ◽  
As If

The last Hajj performed by the Messenger of Allah is called the Farewell Hajj in two respects. One is that you did the last Hajj and also with reference to the fact that the Holy Prophet himself said in this sermon: O people! By God, I don't know if I will be able to meet you in this place after today. You specifically said, "Ask me questions, learn and ask what you have to ask." I may not be able to meet you like this later this year.It was as if the Holy Prophet himself was saying goodbye. On this occasion, this Hajj is called the Farewell Hajj.The United Nation General Assembly, approved the: "Universal Declaration of Human Rights" on Dec. 1948. Following this historic achievement, the Assembly urged all its member states to make the announcement public and participate in its dissemination. The purpose of this manifesto was to protect basic human rights throughout the world and to find solutions to various problems facing nations. The rights granted to man under the United Nations Charter, established in the twentieth century, were granted to him by Islam fourteen hundred years ago.The 30 articles of the UN Charter define basic human rights in various ways. These provisions relate to social, religious and human rights. When we compare the Farewell Sermon of the Holy Prophet with this Manifesto, where many similarities come to the fore, the differences are also noticeable.

scholarly journals MEMILIH PASANGAN BAGI ANAK PEREMPUAN: KAJIAN FIQIH & HAM

2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Masthuriyah Sa’dan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
Reproductive Rights ◽  
Muslim Women ◽  
World Conference ◽  
Islamic Jurisprudence ◽  
The World ◽  
Muslim Men ◽  
The Right

In Islamic jurisprudence (fiqh), the right to choose a partner for a woman is set by families. This then becomes the spotlight of many circles who argue that fiqh is discriminatory against women. Muslim men have the right to decide with whom to marry. In contrary, Muslim women do not have such a right. Women right is taken over by parents in the name of Islamic law. In the World Conference on Population and Women in Cairo-Egypt in 1994, however, women were proclaimed to have their own reproductive rights that must be protected and maintained. One form of the demands of the reproductive rights is the right of women to determine their own life partner. This paper wants to examine the right to choose a husband for women from the perspective of Islamic law and international law on human rights. Keywords: the right to choose, women, Islamic law, human rights.

Contingency in International Law

2021 ◽  
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
International Law ◽  
Present State ◽  
Foreign Investment ◽  
Armed Conflict ◽  
The Past ◽  
Present Volume ◽  
State Of Affairs ◽  
The Way

This volume asks a question that is deceptive in its simplicity: Could international law have been otherwise? In other words, what were the past possibilities, if any, for a different law? The search for contingency in international law is often motivated, including in the present volume, by the refusal to accept the present state of affairs and by the hope that recovering possibilities of the past will facilitate a different future. The volume situates the search for contingency theoretically and within many fields of international law, such as human rights and armed conflict, migrants and refugees, the sea and natural resources, and foreign investment and trade. Today there is hardly a serious account that would consider the path of international law to be necessary and that would deny the possibility of a different law altogether. At the same time, however, behind every possibility of the past stands a reason – or reasons – why the law developed as it did. Those who embark in search of contingency soon encounter tensions when they want to recover past possibilities without downplaying patterns of determination and domination. Nevertheless, while warring critical sensibilities may point in different directions, only a keen sense of why things turned out the way they did makes it possible to argue about how they could plausibly have turned out differently.

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