Sir Adam Roberts
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199275359
- eISBN:
- 9780191603686
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199275351.003.0004
- Subject:
- Political Science, International Relations and Politics
Along with identifying a number of pitfalls to be avoided in this project of conceptualizing a Just Peace, Roberts proposes using the term ‘justifiable force’ rather than Just War. This would move ...
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Along with identifying a number of pitfalls to be avoided in this project of conceptualizing a Just Peace, Roberts proposes using the term ‘justifiable force’ rather than Just War. This would move the tradition away from appearing to approve of war as a whole, and towards recognizing something more conditional and cautious — that the threat and use of military force by a particular state or group of states may, in precise circumstances, be justifiable. Roberts writes about how the development of the European Union has affected the nations of this region, and encourages an idea of ‘induction’ through adherence to human rights law as the way to become a part of this union. It is through processes at the regional level that we can find positive illustrations of how justice can be maximized without the introduction of force. Since a desire to proliferate the ‘good’ has long been what has shaped human relations, this examination of ‘induction’ provides an example of how an internal focus on justice can create an environment that promotes promulgation.Less
Along with identifying a number of pitfalls to be avoided in this project of conceptualizing a Just Peace, Roberts proposes using the term ‘justifiable force’ rather than Just War. This would move the tradition away from appearing to approve of war as a whole, and towards recognizing something more conditional and cautious — that the threat and use of military force by a particular state or group of states may, in precise circumstances, be justifiable. Roberts writes about how the development of the European Union has affected the nations of this region, and encourages an idea of ‘induction’ through adherence to human rights law as the way to become a part of this union. It is through processes at the regional level that we can find positive illustrations of how justice can be maximized without the introduction of force. Since a desire to proliferate the ‘good’ has long been what has shaped human relations, this examination of ‘induction’ provides an example of how an internal focus on justice can create an environment that promotes promulgation.
Kristine Kalanges
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199859467
- eISBN:
- 9780199933518
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199859467.003.0003
- Subject:
- Law, Public International Law, Comparative Law
Freedom of religion did not become a legal reality until the modern era (e.g., through the First Amendment), and even as late as the Second World War, one global study declared a total absence of “a ...
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Freedom of religion did not become a legal reality until the modern era (e.g., through the First Amendment), and even as late as the Second World War, one global study declared a total absence of “a generally accepted postulate of international law that every State is under legal obligation to accord religious liberty within its jurisdiction.” However, in the relatively brief historical period since, freedom of religion or belief has become just such an accepted postulate of international law. This chapter explores key elements of that development, beginning with an examination of religious liberty provisions in international human rights law—the major documents and treaties, as well as issues of special concern. Next, it briefly considers two additional sources of international rights monitoring and enforcement: the U.S. Commission on International Religious Freedom and the European Court of Human Rights. Finally, it discusses the twentieth-century contributions of religious institutions to religious liberty, focusing on the role of the Catholic Church in elaborating a moral foundation for religious freedom and championing it as a pathway to peace.Less
Freedom of religion did not become a legal reality until the modern era (e.g., through the First Amendment), and even as late as the Second World War, one global study declared a total absence of “a generally accepted postulate of international law that every State is under legal obligation to accord religious liberty within its jurisdiction.” However, in the relatively brief historical period since, freedom of religion or belief has become just such an accepted postulate of international law. This chapter explores key elements of that development, beginning with an examination of religious liberty provisions in international human rights law—the major documents and treaties, as well as issues of special concern. Next, it briefly considers two additional sources of international rights monitoring and enforcement: the U.S. Commission on International Religious Freedom and the European Court of Human Rights. Finally, it discusses the twentieth-century contributions of religious institutions to religious liberty, focusing on the role of the Catholic Church in elaborating a moral foundation for religious freedom and championing it as a pathway to peace.
Emilie M. Hafner-Burton
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691155357
- eISBN:
- 9781400846283
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691155357.003.0005
- Subject:
- Law, EU Law
This chapter reviews scholarly research on international human rights law, focusing on systematic studies that are based on historical statistics and carried out by social scientists. The systematic, ...
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This chapter reviews scholarly research on international human rights law, focusing on systematic studies that are based on historical statistics and carried out by social scientists. The systematic, scholarly study of international human rights law can be grouped into two main categories. First are studies on the process of international law, such as on how judges in human rights tribunals make decisions. Second are studies that look for relationships between the presence of law (and laws of different types) and actual changes in human behavior. The chapter concentrates on the second category of research and highlights its main weaknesses. It also discusses some of the findings of statistical research regarding civil and political rights as well as economic, social, and cultural rights. Finally, it examines the mechanisms of influence of the international human rights legal system.Less
This chapter reviews scholarly research on international human rights law, focusing on systematic studies that are based on historical statistics and carried out by social scientists. The systematic, scholarly study of international human rights law can be grouped into two main categories. First are studies on the process of international law, such as on how judges in human rights tribunals make decisions. Second are studies that look for relationships between the presence of law (and laws of different types) and actual changes in human behavior. The chapter concentrates on the second category of research and highlights its main weaknesses. It also discusses some of the findings of statistical research regarding civil and political rights as well as economic, social, and cultural rights. Finally, it examines the mechanisms of influence of the international human rights legal system.
Zohar Efroni
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199734078
- eISBN:
- 9780199866137
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199734078.003.0003
- Subject:
- Law, Public International Law
Two principal missions underlay the discussion in this chapter. First, it scrutinizes the notion of “access to information” and translates it into a vocabulary that property law can process and ...
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Two principal missions underlay the discussion in this chapter. First, it scrutinizes the notion of “access to information” and translates it into a vocabulary that property law can process and analyze. Second, the analysis explored three main routes as potential legal sources to rights-of-access: copyright law, free speech law, and human rights law. It concludes that positive copyright law itself does not provide a solid and sufficiently explicit basis for such rights. Also the remaining routes have proven to a large extent unable to safeguard rights-of-access, especially when the information at issue is subject to copyright exclusivity.Less
Two principal missions underlay the discussion in this chapter. First, it scrutinizes the notion of “access to information” and translates it into a vocabulary that property law can process and analyze. Second, the analysis explored three main routes as potential legal sources to rights-of-access: copyright law, free speech law, and human rights law. It concludes that positive copyright law itself does not provide a solid and sufficiently explicit basis for such rights. Also the remaining routes have proven to a large extent unable to safeguard rights-of-access, especially when the information at issue is subject to copyright exclusivity.
Emily Crawford
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199578962
- eISBN:
- 9780191722608
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199578962.003.0004
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter looks to the law of international human rights, which provides further rules regarding the treatment of persons deprived of their liberty in relation to a non-international armed ...
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This chapter looks to the law of international human rights, which provides further rules regarding the treatment of persons deprived of their liberty in relation to a non-international armed conflict. The protections of international human rights law act to supplement the IHL rules, so that it is possible to speak of a substantial body of rules applicable in non-international armed conflict that effectively duplicate nearly all the protections afforded to combatants and POWs.Less
This chapter looks to the law of international human rights, which provides further rules regarding the treatment of persons deprived of their liberty in relation to a non-international armed conflict. The protections of international human rights law act to supplement the IHL rules, so that it is possible to speak of a substantial body of rules applicable in non-international armed conflict that effectively duplicate nearly all the protections afforded to combatants and POWs.
Emilie M. Hafner-Burton
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691155357
- eISBN:
- 9781400846283
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691155357.001.0001
- Subject:
- Law, EU Law
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 ...
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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.Less
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.
Susan Tiefenbrun
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195385779
- eISBN:
- 9780199776061
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195385779.003.008
- Subject:
- Law, Public International Law
This chapter examines various types of coded sign systems that, when decoded contextually and from the point of view of cultural peculiarities known to Iranians, reveal hidden realities about women's ...
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This chapter examines various types of coded sign systems that, when decoded contextually and from the point of view of cultural peculiarities known to Iranians, reveal hidden realities about women's human rights in Iran. It determines how and the extent to which basic human rights are being denied to women in Iran today and whether there is hope for more justice and gender equality in Iran in the future. The chapter is organized as follows. Part I examines the historic and political contexts of women's human rights in Iran. Part II looks at the sign system of wearing women's Islamic garb known as the hejab or veil in an attempt to uncover the meaning of the many different messages this speech act conveys. Part III investigates cultural manifestations of women's human rights abuses in Iran through a study of the memoirs and films of four Iranian women. Part IV investigates the Iranian family laws as a sign system that reflects the culture in Iran and conditions the status of women's rights today in that country. Part V examines some of the international human rights laws and instruments that protect gender equality. Finally, this chapter concludes by looking at the future of women's rights in Iran.Less
This chapter examines various types of coded sign systems that, when decoded contextually and from the point of view of cultural peculiarities known to Iranians, reveal hidden realities about women's human rights in Iran. It determines how and the extent to which basic human rights are being denied to women in Iran today and whether there is hope for more justice and gender equality in Iran in the future. The chapter is organized as follows. Part I examines the historic and political contexts of women's human rights in Iran. Part II looks at the sign system of wearing women's Islamic garb known as the hejab or veil in an attempt to uncover the meaning of the many different messages this speech act conveys. Part III investigates cultural manifestations of women's human rights abuses in Iran through a study of the memoirs and films of four Iranian women. Part IV investigates the Iranian family laws as a sign system that reflects the culture in Iran and conditions the status of women's rights today in that country. Part V examines some of the international human rights laws and instruments that protect gender equality. Finally, this chapter concludes by looking at the future of women's rights in Iran.
Sir Adam Roberts
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0005
- Subject:
- Political Science, International Relations and Politics
Demonstrates that the United Nations has been at the centre of key field operations and policy debates relating to humanitarian intervention since the end of the Cold War. However, the issue of ...
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Demonstrates that the United Nations has been at the centre of key field operations and policy debates relating to humanitarian intervention since the end of the Cold War. However, the issue of humanitarian intervention also poses a challenge to the UN and its member states, and could even undermine the organization. At the heart of the UN’s difficulty is a delicate balance between the rights of individuals and the rights of states. For its first 45 years, the body was associated with the principle of non-intervention and the non-use of force, yet, since 1990, it has endorsed a series of interventions for humanitarian purposes. After considering the history and causes of this shift, the author discusses nine cases of intervention between 1990 and 2001. These cases reveal a number of issues and controversies, including reliance on the UN Security Council for authorization, the stance of the UN Secretary General, and the impact of the 2002 National Security Strategy of the United States.Less
Demonstrates that the United Nations has been at the centre of key field operations and policy debates relating to humanitarian intervention since the end of the Cold War. However, the issue of humanitarian intervention also poses a challenge to the UN and its member states, and could even undermine the organization. At the heart of the UN’s difficulty is a delicate balance between the rights of individuals and the rights of states. For its first 45 years, the body was associated with the principle of non-intervention and the non-use of force, yet, since 1990, it has endorsed a series of interventions for humanitarian purposes. After considering the history and causes of this shift, the author discusses nine cases of intervention between 1990 and 2001. These cases reveal a number of issues and controversies, including reliance on the UN Security Council for authorization, the stance of the UN Secretary General, and the impact of the 2002 National Security Strategy of the United States.
Nils Melzer
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199533169
- eISBN:
- 9780191714511
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533169.003.0008
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter addresses the question of whether the conventional right to life has become part of general international law and, if so, whether it may be derogated from under the rules of general ...
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This chapter addresses the question of whether the conventional right to life has become part of general international law and, if so, whether it may be derogated from under the rules of general international law. It also examines the territorial scope of the non-conventional right to life. It argues that, today, the jus cogens character of the right to life has become virtually unassailable. Outside the conduct of hostilities, even a single targeted killing carried out by State agents in deviation from the normative paradigm of law enforcement constitutes an unjustifiable violation of international jus cogens.Less
This chapter addresses the question of whether the conventional right to life has become part of general international law and, if so, whether it may be derogated from under the rules of general international law. It also examines the territorial scope of the non-conventional right to life. It argues that, today, the jus cogens character of the right to life has become virtually unassailable. Outside the conduct of hostilities, even a single targeted killing carried out by State agents in deviation from the normative paradigm of law enforcement constitutes an unjustifiable violation of international jus cogens.
Anja Seibert-Fohr
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199569328
- eISBN:
- 9780191721502
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569328.003.0008
- Subject:
- Law, Human Rights and Immigration, Criminal Law and Criminology
Since this entire study provides evidence of a growing convergence of human rights and international criminal law, this last chapter presents an evaluation of that new trend in international law. It ...
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Since this entire study provides evidence of a growing convergence of human rights and international criminal law, this last chapter presents an evaluation of that new trend in international law. It encapsulates the insight gained from the preceding analysis and considers the role human rights law should play in the emerging concept of global justice in order to guide the future. With respect to victims rights, it cautions against the assumption of a right to justice and summarizes the counter-arguments. Though advocating a prima facie obligation to prosecute serious human rights violations, the chapter militates against an absolute prohibition of amnesties and advocates a balancing approach. The chapter concludes with a caveat not to use human rights law to extend the scope of international criminal law without a firm legal basis.Less
Since this entire study provides evidence of a growing convergence of human rights and international criminal law, this last chapter presents an evaluation of that new trend in international law. It encapsulates the insight gained from the preceding analysis and considers the role human rights law should play in the emerging concept of global justice in order to guide the future. With respect to victims rights, it cautions against the assumption of a right to justice and summarizes the counter-arguments. Though advocating a prima facie obligation to prosecute serious human rights violations, the chapter militates against an absolute prohibition of amnesties and advocates a balancing approach. The chapter concludes with a caveat not to use human rights law to extend the scope of international criminal law without a firm legal basis.
Alison Kesby
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199600823
- eISBN:
- 9780191738272
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199600823.001.0001
- Subject:
- Law, Public International Law
Writing in the immediate aftermath of the Second World War, the political theorist Hannah Arendt argued that the plight of stateless people in the inter-war period pointed to the existence of a ...
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Writing in the immediate aftermath of the Second World War, the political theorist Hannah Arendt argued that the plight of stateless people in the inter-war period pointed to the existence of a ‘right to have rights’. This right to have rights was the right to citizenship—to membership of a political community. Since then, and especially in recent years, theorists have continued to grapple with the meaning of the right to have rights. In the context of enduring statelessness, mass migration, people flows, and the contested nature of democratic politics, the question of the right to have rights remains of pressing concern for writers and advocates across the disciplines. This book provides the first in-depth examination of the right to have rights in the context of the international protection of human rights. It explores two overarching questions. First, how do different and competing conceptions of the right to have rights shed light on right-bearing in the contemporary context, and in particular on concepts and relationships central to the protection of human rights in public international law? Secondly, given these competing conceptions, how is the right to have rights to be understood in the context of public international law? In the course of the analysis, the author examines the significance and limits of citizenship, nationality, humanity, and politics for right-bearing, and argues that their complex interrelation points to how the right to have rights might be rearticulated for the purposes of international legal thought and practice.Less
Writing in the immediate aftermath of the Second World War, the political theorist Hannah Arendt argued that the plight of stateless people in the inter-war period pointed to the existence of a ‘right to have rights’. This right to have rights was the right to citizenship—to membership of a political community. Since then, and especially in recent years, theorists have continued to grapple with the meaning of the right to have rights. In the context of enduring statelessness, mass migration, people flows, and the contested nature of democratic politics, the question of the right to have rights remains of pressing concern for writers and advocates across the disciplines. This book provides the first in-depth examination of the right to have rights in the context of the international protection of human rights. It explores two overarching questions. First, how do different and competing conceptions of the right to have rights shed light on right-bearing in the contemporary context, and in particular on concepts and relationships central to the protection of human rights in public international law? Secondly, given these competing conceptions, how is the right to have rights to be understood in the context of public international law? In the course of the analysis, the author examines the significance and limits of citizenship, nationality, humanity, and politics for right-bearing, and argues that their complex interrelation points to how the right to have rights might be rearticulated for the purposes of international legal thought and practice.
Menno T. Kamminga
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199565221
- eISBN:
- 9780191705281
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565221.003.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter begins with a brief explanation of the approach used by the Committee on International Human Rights Law and Practice in preparing their report on the relationship between general ...
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This chapter begins with a brief explanation of the approach used by the Committee on International Human Rights Law and Practice in preparing their report on the relationship between general international law and international human rights law. It then discusses the structure of international obligations, the formation of customary international law, treaty law, international law and domestic law, immunity, diplomatic protection, the right to consular notification, and state responsibility.Less
This chapter begins with a brief explanation of the approach used by the Committee on International Human Rights Law and Practice in preparing their report on the relationship between general international law and international human rights law. It then discusses the structure of international obligations, the formation of customary international law, treaty law, international law and domestic law, immunity, diplomatic protection, the right to consular notification, and state responsibility.
Sarah Joseph
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199565894
- eISBN:
- 9780191728693
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565894.003.0003
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter examines the philosophical and normative relationship between the WTO and international human rights regimes. The philosophical issues essentially concern the extent to which the two ...
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This chapter examines the philosophical and normative relationship between the WTO and international human rights regimes. The philosophical issues essentially concern the extent to which the two regimes are driving towards the same, or different, ends. The normative relationship concerns the issue of how conflicts between the two systems are addressed in international law. It is argued that the WTO and human rights have divergent philosophical backgrounds and goals. The normative relationship between WTO law and human rights law is complex. At least some, if not all, human rights norms are likely to be hierarchically superior within international law to WTO law. This position is reflected in the case law and statements of numerous human rights bodies as well as the European Court of Justice.Less
This chapter examines the philosophical and normative relationship between the WTO and international human rights regimes. The philosophical issues essentially concern the extent to which the two regimes are driving towards the same, or different, ends. The normative relationship concerns the issue of how conflicts between the two systems are addressed in international law. It is argued that the WTO and human rights have divergent philosophical backgrounds and goals. The normative relationship between WTO law and human rights law is complex. At least some, if not all, human rights norms are likely to be hierarchically superior within international law to WTO law. This position is reflected in the case law and statements of numerous human rights bodies as well as the European Court of Justice.
Ernst-Ulrich Petersmann
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199285822
- eISBN:
- 9780191700378
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199285822.003.0002
- Subject:
- Law, Public International Law
The lack of any explicit linkages of human rights and trade rules in WTO law contrasts with the integrated regulation of the common market and human rights in many national constitutions as well as ...
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The lack of any explicit linkages of human rights and trade rules in WTO law contrasts with the integrated regulation of the common market and human rights in many national constitutions as well as in the 2004 EU Treaty Constitution. Most national constitutions protect freedom of trade inside national frontiers without authorizing sub-national authorities to introduce internal, discriminatory market restrictions vis-à-vis domestic citizens. This chapter aims to outline some of the issues related to the obligations of States and rights/obligations of private actors in the context of trade from the perspective of human rights law. It first examines what the treaties and their monitoring bodies say about the obligations of States parties to implement the rights contained in the treaties, as well as the obligations, both direct and indirect, of non-State actors.Less
The lack of any explicit linkages of human rights and trade rules in WTO law contrasts with the integrated regulation of the common market and human rights in many national constitutions as well as in the 2004 EU Treaty Constitution. Most national constitutions protect freedom of trade inside national frontiers without authorizing sub-national authorities to introduce internal, discriminatory market restrictions vis-à-vis domestic citizens. This chapter aims to outline some of the issues related to the obligations of States and rights/obligations of private actors in the context of trade from the perspective of human rights law. It first examines what the treaties and their monitoring bodies say about the obligations of States parties to implement the rights contained in the treaties, as well as the obligations, both direct and indirect, of non-State actors.
Arthur C. Helton
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199250318
- eISBN:
- 9780191599477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199250316.003.0006
- Subject:
- Political Science, International Relations and Politics
Several broad trends provide the context for current refugee policy responses. The debate over national sovereignty and humanitarian intervention, while not new, reached a crescendo over the past ...
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Several broad trends provide the context for current refugee policy responses. The debate over national sovereignty and humanitarian intervention, while not new, reached a crescendo over the past decade as refugees and population movements more generally necessarily diminished the exclusive prerogative of state sovereignty relating to border control in the modern world. Europe is a fertile setting for the development of regional capacities that can blend military and civilian responses to humanitarian crises, both within and outside Europe, including at the North Atlantic Treaty Organization (NATO). Yet, the difficulty of protecting and assisting internally displaced persons, continues to raise basic questions about the competence of the international system and the implementation mechanisms for human rights and humanitarian law. International migration provides the broad context for the evolution of refugee policy.Less
Several broad trends provide the context for current refugee policy responses. The debate over national sovereignty and humanitarian intervention, while not new, reached a crescendo over the past decade as refugees and population movements more generally necessarily diminished the exclusive prerogative of state sovereignty relating to border control in the modern world. Europe is a fertile setting for the development of regional capacities that can blend military and civilian responses to humanitarian crises, both within and outside Europe, including at the North Atlantic Treaty Organization (NATO). Yet, the difficulty of protecting and assisting internally displaced persons, continues to raise basic questions about the competence of the international system and the implementation mechanisms for human rights and humanitarian law. International migration provides the broad context for the evolution of refugee policy.
Andrew Lang
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199592647
- eISBN:
- 9780191731396
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199592647.001.0001
- Subject:
- Law, Public International Law
The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World ...
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The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World Trade Organization. This book provides a new account of this transformation, and considers its enduring implications for international law. Against the commonly-held idea that ‘neoliberal’ policy prescriptions were encoded into WTO law, the book argues that the last decades of the 20th century saw a reinvention of the international trade regime, and a reconstitution of its internal structures of knowledge. In addition, the book explores the way that resistance to economic liberalism was expressed and articulated over the same period in other areas of international law, most prominently international human rights law. It considers the promise and limitations of this form of ‘inter-regime’ contestation, arguing that measures to ensure greater collaboration and cooperation between regimes may fail in their objectives if they are not accompanied by a simultaneous destabilization of each regime's structures of knowledge and characteristic features. With that in mind, the book contributes to a full and productive contestation of the nature and purpose of global economic governance.Less
The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World Trade Organization. This book provides a new account of this transformation, and considers its enduring implications for international law. Against the commonly-held idea that ‘neoliberal’ policy prescriptions were encoded into WTO law, the book argues that the last decades of the 20th century saw a reinvention of the international trade regime, and a reconstitution of its internal structures of knowledge. In addition, the book explores the way that resistance to economic liberalism was expressed and articulated over the same period in other areas of international law, most prominently international human rights law. It considers the promise and limitations of this form of ‘inter-regime’ contestation, arguing that measures to ensure greater collaboration and cooperation between regimes may fail in their objectives if they are not accompanied by a simultaneous destabilization of each regime's structures of knowledge and characteristic features. With that in mind, the book contributes to a full and productive contestation of the nature and purpose of global economic governance.
Freya Baetens
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199589104
- eISBN:
- 9780191595455
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199589104.003.0009
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
When comparing nationality-based discrimination prohibitions in human rights and investment law, the question arises whether human rights jurisprudence could be instructive for interpretations of the ...
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When comparing nationality-based discrimination prohibitions in human rights and investment law, the question arises whether human rights jurisprudence could be instructive for interpretations of the equivalent provisions in investment law or whether the objective, nature, and content of the respective fields differ so as to impede inter-field guidance. Instead of looking at WTO jurisprudence on most-favoured-nation and national treatment to concretize similar provisions in investment law, and hence to conclude from the absence of Article XX GATT-type provisions in investment treaties that exceptions are not permissible, investment tribunals could obtain inspiration from the human rights law interpretations. Human rights dispute settlement bodies and treaty-based committees have allowed proportional differentiations for legitimate policy purposes without explicit basis in the treaty texts but rather as a factor in determining likeness. Adopting such an analysis in investment law could help to avoid manifestly unreasonable results following from the rejection of any differentiation.Less
When comparing nationality-based discrimination prohibitions in human rights and investment law, the question arises whether human rights jurisprudence could be instructive for interpretations of the equivalent provisions in investment law or whether the objective, nature, and content of the respective fields differ so as to impede inter-field guidance. Instead of looking at WTO jurisprudence on most-favoured-nation and national treatment to concretize similar provisions in investment law, and hence to conclude from the absence of Article XX GATT-type provisions in investment treaties that exceptions are not permissible, investment tribunals could obtain inspiration from the human rights law interpretations. Human rights dispute settlement bodies and treaty-based committees have allowed proportional differentiations for legitimate policy purposes without explicit basis in the treaty texts but rather as a factor in determining likeness. Adopting such an analysis in investment law could help to avoid manifestly unreasonable results following from the rejection of any differentiation.
ANDREW CLAPHAM
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199288465
- eISBN:
- 9780191707681
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199288465.003.0002
- Subject:
- Law, Human Rights and Immigration
This chapter covers the arguments for and against an extension of human rights law to admit obligations for non-state actors. Most of the arguments are political or philosophical. The chapter ...
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This chapter covers the arguments for and against an extension of human rights law to admit obligations for non-state actors. Most of the arguments are political or philosophical. The chapter concludes with a call for us to look at human rights in new ways and evokes the idea that there may be simultaneous complementary regimes for protecting the victims of human rights violations. The existence of a regime focused on non-state actors need not undermine an existing regime for holding states accountable.Less
This chapter covers the arguments for and against an extension of human rights law to admit obligations for non-state actors. Most of the arguments are political or philosophical. The chapter concludes with a call for us to look at human rights in new ways and evokes the idea that there may be simultaneous complementary regimes for protecting the victims of human rights violations. The existence of a regime focused on non-state actors need not undermine an existing regime for holding states accountable.
Tom Campbell, K.D. Ewing, and Adam Tomkins (eds)
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199606078
- eISBN:
- 9780191729720
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199606078.001.0001
- Subject:
- Law, Human Rights and Immigration
Reacting to the poor record of the UK Human Rights Act 1998 and similar provisions in protecting human rights, this book explores ways of promoting human rights more effectively through political and ...
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Reacting to the poor record of the UK Human Rights Act 1998 and similar provisions in protecting human rights, this book explores ways of promoting human rights more effectively through political and democratic mechanisms. The book expresses ideological scepticism concerning the relative neglect of social and economic rights and institutional scepticism concerning the failures of court-centred means for enhancing human rights goals in general. Criticizing the ‘juridification’ of human rights through the transferring of the prime responsibility for defining human rights violations to courts and advocating the greater ‘politicization’ of human rights responsibilities through such measures as enhanced Parliamentary scrutiny of existing and proposed legislation, a group of twenty-four human rights scholars present a variety of perspectives on the disappointing human rights outcomes of recent institutional developments and consider the prospects of reviving the moral force and political implications of human rights values. Thus, one chapter recounts the Human Rights Act failures with respect to counter-terrorism legislation, another charts how the ‘dialogue’ model reduces parliaments' capacities to hold governments to accountable for human rights violations, a further chapter considers which institutions best protect fundament al rights, and another chapter reflects on how the idea of human rights could be ‘rescued’ in Britain today. Other chapters deal with the historical human rights failures of courts during the Cold War and in Northern Ireland, the diverse outcomes of human rights judicial review, and examine aspects of the human rights regimes in a variety of jurisdictions, including Finland, Sweden, New Zealand, Australia, Scotland, Canada, Europe, and the United States.Less
Reacting to the poor record of the UK Human Rights Act 1998 and similar provisions in protecting human rights, this book explores ways of promoting human rights more effectively through political and democratic mechanisms. The book expresses ideological scepticism concerning the relative neglect of social and economic rights and institutional scepticism concerning the failures of court-centred means for enhancing human rights goals in general. Criticizing the ‘juridification’ of human rights through the transferring of the prime responsibility for defining human rights violations to courts and advocating the greater ‘politicization’ of human rights responsibilities through such measures as enhanced Parliamentary scrutiny of existing and proposed legislation, a group of twenty-four human rights scholars present a variety of perspectives on the disappointing human rights outcomes of recent institutional developments and consider the prospects of reviving the moral force and political implications of human rights values. Thus, one chapter recounts the Human Rights Act failures with respect to counter-terrorism legislation, another charts how the ‘dialogue’ model reduces parliaments' capacities to hold governments to accountable for human rights violations, a further chapter considers which institutions best protect fundament al rights, and another chapter reflects on how the idea of human rights could be ‘rescued’ in Britain today. Other chapters deal with the historical human rights failures of courts during the Cold War and in Northern Ireland, the diverse outcomes of human rights judicial review, and examine aspects of the human rights regimes in a variety of jurisdictions, including Finland, Sweden, New Zealand, Australia, Scotland, Canada, Europe, and the United States.
Dinah Shelton
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199207534
- eISBN:
- 9780191708794
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207534.001.0001
- Subject:
- Law, Human Rights and Immigration
This book provides a comprehensive treatment of remedies for human rights violations and reviews the jurisprudence of international tribunals on these violations. It provides a theoretical framework ...
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This book provides a comprehensive treatment of remedies for human rights violations and reviews the jurisprudence of international tribunals on these violations. It provides a theoretical framework and a practical guide on human rights law. This edition incorporates a new chapter on historical injustices. All the cases of the Inter-American and European Courts of Human Rights are included, as well as decisions of the African and Inter-American Commissions on Human Rights, UN bodies, the European Court of Justice, international administrative tribunals, and national courts applying human rights law.Less
This book provides a comprehensive treatment of remedies for human rights violations and reviews the jurisprudence of international tribunals on these violations. It provides a theoretical framework and a practical guide on human rights law. This edition incorporates a new chapter on historical injustices. All the cases of the Inter-American and European Courts of Human Rights are included, as well as decisions of the African and Inter-American Commissions on Human Rights, UN bodies, the European Court of Justice, international administrative tribunals, and national courts applying human rights law.
