Relevant bibliographies by topics / Human rights treaty obligations

Academic literature on the topic 'Human rights treaty obligations'

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Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Human rights treaty obligations"

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Zvobgo, Kelebogile, Wayne Sandholtz, and Suzie Mulesky. "Reserving Rights: Explaining Human Rights Treaty Reservations." International Studies Quarterly 64, no. 4 (September 17, 2020): 785–97. http://dx.doi.org/10.1093/isq/sqaa070.

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Abstract International relations scholarship has made significant strides in explaining how states design treaty obligations and why they accept treaty commitments. However, far less attention has been paid to factors that may influence states’ modification of their treaty obligations via reservations. We theorize that states will be more likely to enter reservations when treaty obligations increase compliance costs and policy adjustment costs. More specifically, we expect that demanding provisions, i.e., provisions that create strong, precise obligations requiring domestic action, will enhance the likelihood of reservation. To test our theory, we exploit an original dataset that codes reservations at the provision (treaty–article–paragraph) level for the ten core international human rights treaties. Consistent with our expectations, we find that states are more likely to enter reservations on more demanding treaty provisions. In contrast to prior studies, our results indicate that reservations are not driven purely by state-level characteristics such as regime type or the nature of the legal system. Rather, it appears that states weigh individual treaty obligations and calibrate their commitments accordingly.
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Österdahl, Inger. "The Human Rights Treaty Obligations of Peacekeepers." Nordic Journal of Human Rights 32, no. 1 (January 2, 2014): 84–86. http://dx.doi.org/10.1080/18918131.2013.878895.

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Bates, Ed. "AVOIDING LEGAL OBLIGATIONS CREATED BY HUMAN RIGHTS TREATIES." International and Comparative Law Quarterly 57, no. 4 (October 2008): 751–88. http://dx.doi.org/10.1017/s0020589308000602.

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AbstractThis article examines the legality of the options that may be open to a State that is unwilling to accept a legal obligation created by a human rights treaty it has already ratified. It briefly addresses the subject of ‘derogation’ from human rights treaties before looking in detail at denunciation of the same. It proceeds to examine the legality of strategies such as entering a late reservation to a human rights treaty and of denouncing the treaty with the sole purpose of entering a new reservation to it.
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Salvador, Ana Manero. "The EU and Extraterritorial Obligations Concerning Human Rights." International Human Rights Law Review 8, no. 2 (November 30, 2019): 275–85. http://dx.doi.org/10.1163/22131035-00802007.

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The Treaty on European Union prescribes that the Union will promote its principles and values in international relations. Though the scope of the obligations foreseen by the treaty remains unclear, some aspects are becoming clearer, especially with regard to due diligence and the need for human rights impact assessment. Presently, it is generally recognised that actions with extraterritorial effects will undoubtedly be linked to these principles and values, and more specifically to human rights. This paper provides an analysis from current praxis of the scope of these obligations, including a description of the implications of the Treaty of Lisbon and developments that have taken place since it came into force.
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Harrington, Joanna. "The Role for Human Rights Obligations in Canadian Extradition Law." Canadian Yearbook of international Law/Annuaire canadien de droit international 43 (2006): 45–100. http://dx.doi.org/10.1017/s0069005800008742.

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SummaryTo secure greater inter-state cooperation in criminal law enforcement, Canada has entered into a number of extradition treaties. Yet alongside this network of extradition treaties lies a network of human rights treaties to which Canada has also agreed to be bound. Given the inherently international nature of extradition, and the interconnection between Canada's human rights treaties and its obligations under the Canadian Charter of Rights and Freedoms, one would have thought that Canada's international human rights obligations might play some role in bolstering the protection afforded by the Charter to the rights of an individual facing extradition from Canada, even if the threshold for invoking the latter remains high. And yet, while a review of Canada's extradition jurisprudence for the past thirty years confirms that a role for human rights has emerged in Canadian extradition law, scant attention has been paid to Canada's international human rights treaty obligations as treaty obligations when deciding whether to extradite upon receiving a valid request. The author argues that if Canada's international human rights obligations were considered, along with Canada's domestic Charter obligations, greater guidance would be made available as to the appropriate balance of rights and obligations at stake, while also affording equal treatment to all of the treaty obligations relevant to extradition.
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BERNAZ, Nadia, and Irene PIETROPAOLI. "Developing a Business and Human Rights Treaty: Lessons from the Deep Seabed Mining Regime Under the United Nations Convention on the Law of the Sea." Business and Human Rights Journal 5, no. 2 (May 18, 2020): 200–220. http://dx.doi.org/10.1017/bhj.2020.7.

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AbstractThis article delves into the deep seabed mining regime under the United Nations Convention on the Law of the Sea (UNCLOS) with a view to inform the negotiating process of the proposed business and human rights (BHR) treaty. It highlights points of convergence and divergence between the two regulatory regimes and explores how the BHR treaty negotiations could draw from the deep seabed mining regime with regard to the responsibility and liability of states and corporations. In particular, it suggests that a BHR treaty could incorporate some of the arrangements of UNCLOS to address state obligations and direct corporate human rights obligations, both of a general and specific nature, including the obligation to carry out human rights due diligence. The article also proposes a mechanism of responsibility and liability of states and corporations under the future BHR treaty going beyond UNCLOS and embracing residual liability for home and/or host states.
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KRAJEWSKI, Markus. "A Nightmare or a Noble Dream? Establishing Investor Obligations Through Treaty-Making and Treaty-Application." Business and Human Rights Journal 5, no. 1 (January 2020): 105–29. http://dx.doi.org/10.1017/bhj.2019.29.

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AbstractThis article assesses different approaches currently discussed and developed in international human rights and investment law to establish investor obligations. The article begins with a general framework of analysing and comparing these approaches. Next, attempts to include direct obligations of business entities in international human rights treaties are discussed. Despite earlier indications the recent initiative to create a legally binding instrument on business and human rights will most likely not include direct obligations for business entities. Subsequently, the article assesses the development of investor obligations in new international investment treaties and through the interpretation and application of existing international investment agreements. Arguably, the former will not lead to binding obligations in the foreseeable future and the latter rests on methodologically questionable grounds. Consequently, the article suggests that the way forward will require domestic legislation in host and home states to establish investor obligations which can be taken into account when interpreting existing investment treaty clauses requiring the investor to adhere to domestic law. This would reflect recent trends both in investment law reforms as well as the business and human rights movement.
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el-Khoury, Naiade. "Human Rights Treaties and the Law of State Succession in the Event of Secession." Max Planck Yearbook of United Nations Law Online 23, no. 1 (December 3, 2020): 340–54. http://dx.doi.org/10.1163/18757413_023001012.

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International practice indicates a tendency that the obligations under human rights treaties continue under the law of State succession. The successor State is thus bound to respect the rights previously granted under a human rights treaty to the inhabitants of a territory it has assumed responsibility for. However, the successor State is not automatically party to the human rights treaty which its predecessor was a party to. As such, the continuity of human rights obligations has not occurred ipso iure. Yet, States have acquiesced to the jurisprudence of the Human Rights Committee and accepted their human rights obligations retroactively upon the ratification of the human rights treaties.
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Palmer, Geoffrey. "Human Rights and the New Zealand Government's Treaty Obligations." Victoria University of Wellington Law Review 29, no. 1 (January 1, 1999): 57. http://dx.doi.org/10.26686/vuwlr.v29i1.6047.

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The International Law Association established a New Zealand branch in Wellington in 1996. This article is an edited version of the speech made by Sir Geoffrey Palmer, on the occasion of the inaugural meeting of the Association in Auckland on 30 April 1998. The author discusses the place of international law in contemporary New Zealand society, especially following the Second World War. He then goes onto discuss international law and municipal law, arguing that there is a substantial degree of overlap between the two. Parliamentary involvement with treaties is also discussed, noting that recent Parliamentary scrutiny of treaties bolsters the argument in favour of courts giving enhanced weight to treaties to which New Zealand has acceded or ratified, even where there is no complementary local legislation. The article then goes onto discuss international law providing a framework for the delivery of human rights to individuals at a domestic level, including in New Zealand. The author expresses regret at New Zealand's general failure to comply with international treaties, arguing that international environmental law and trade law were likely to present similar problems.
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Kitharidis, Sophocles. "The Power of Article 103 of the un Charter on Treaty Obligations." Journal of International Peacekeeping 20, no. 1-2 (December 8, 2016): 111–31. http://dx.doi.org/10.1163/18754112-02001008.

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Understanding Article 103 of the Charter of the United Nations (un Charter) has proven to be complex and controversial. This provision stipulates that in the event of a conflict, the obligations imposed on un Member States under the un Charter prevail over international treaty obligations. Difficulties arise when state parties must determine whether to construe the provision as applying narrowly only to express Charter obligations, or more widely to obligations generated by Charter bodies such as the United Nations Security Council (unsc). Within the context of un peacekeeping operations, such operations are mandated by the unsc. Emphasizing on the respect of the relationship between the unsc and the un Charter, Article 25 serves as a specific legal basis for the unsc’s obligations to respect the provisions of the un Charter by developing intra vires decisions which are consistent with Charter obligations. State practice therefore presupposes that priority for unsc resolutions over treaty obligations is provided by Article 103. This article will first analyse Article 103 and in doing so, it will examine the obligations that the unsc can impose on states. This will include a consideration of when unsc mandated peacekeeping operations can, by their nature, contravene international human rights treaty obligations. It will then discuss the impact on peacekeeping operations on the presumption of complying with human rights obligations, including the right to life, freedom from torture and the right to liberty and security. Finally, this article will offer a critique of the capacity of Article 103 to override human rights obligations through the unsc interpretation of ‘all means necessary’ in peacekeeping operations.
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Dissertations / Theses on the topic "Human rights treaty obligations"

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Clarke, Sharna-Lee. "Holding South Africa Accountable : A Critique of the Reports Submitted to Treaty Bodies Pertaining to the Rights of Children with Disabilities." University of the Western Cape, 2016. http://hdl.handle.net/11394/5143.

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Magister Legum - LLM
South Africa recently submitted reports to three treaty bodies regarding steps taken over the past two decades to implement the rights of children with disabilities. This study is focused on critically analysing the South African reports submitted to the United Nations Committee on the Rights of the Child (hereinafter referred to as the CRC Committee), the African Committee of Experts on the Rights and Welfare of the Child (hereinafter referred to as the ACERWC) and the Committee on the Rights of Persons with Disabilities (hereinafter referred to as the CRPD Committee) regarding the implementation of the CRC, ACRWC and the CRPD in South Africa. In doing so, the study focuses on all matters pertaining to children with disabilities as well as focusing on particular groups of children with disabilities. This will be done to determine whether or not the State meets the international law obligation of implementing the CRC, ACRWC and the CRPD in South Africa.
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Kapembwa, Julius. "Wildlife rights and human obligations." Thesis, University of Reading, 2017. http://centaur.reading.ac.uk/78228/.

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Despite exponential growth of the field of animal ethics, wildlife ethics has continued to be a fringe discussion. My thesis seeks to make a theoretical contribution by focusing only on human-induced harms to wild animals. I use the rights approach to investigate demands of wildlife justice on human behaviour and wildlife policy. I take rights to be the best normative resource for determining and evaluating just and unjust relations. Given the fundamental position of moral rights that I espouse, moral rights must constitute the core of an ethically sound wildlife policy. The analytical framework I deploy throughout the thesis consists of the Interest Theory of Rights couched in the Hohfeldian matrix of rights. This framework provides some insights for improving on the influential rights approach expounded by Tom Regan. I apply the adopted rights view to several important ethical conundrums. These include the institution of wildlife property; human interference in wildlife predation and wildlife population control; humanwildlife conflict; and state obligations to ensure wildlife justice. From the rights view, I conclude that wild animals are morally not human property and that they are in fact owners of their habitats and the natural goods on which their wellbeing depends. Humans are morally prohibited from killing predators or lethally controlling wildlife populations except in the unlikely event of preventing an ecological catastrophe. Furthermore, humans are permitted in their acts of self- or other- defence in those circumstances where the humans are innocent and are not morally liable. Policies and cultures that allow the killing of wildlife as a resource are unjust and therefore prohibited. Lastly, I contend that the responsibility for protecting wildlife lies with all states whose citizens, organisations, or corporations harm wildlife anywhere on earth. The diffuse and extraterritoriality of unjust harms to wild animals seems to require a cooperative international approach to securing wildlife rights.
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Savasan, Zerrin. "The Eu Constitutional Treaty And Human Rights." Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/12607585/index.pdf.

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The thesis seeks to answer the question whether the European Union (EU) constitutional treaty offers improved protection for human rights in the EU jurisdiction. Within this context, it first seeks to find out what the incorporation of the Charter of Fundamental Rights in the constitutional treaty promises for the human rights&rsquo
field. Furthermore, it examines how the possible accession of the EU to the European Convention on Human Rights will affect this field. Then, it focuses on what the constitutional treaty offers for third countries concerning human rights. Finally, in the light of the recent developments on the treaty, the discussion enlightens the role of the constitutional treaty on protecting and developing human rights in the EU.
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Stehlík, V. "EU human rights protection under the Treaty of Lisbon." Thesis, Ukrainian Academy of Banking of the National Bank of Ukraine, 2009. http://essuir.sumdu.edu.ua/handle/123456789/60647.

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The aim of my paper is to show the recent proposed changes of human rights protection in the EU based on the Treaty of Lisbon (further referred as “TL”). The TL is the last reform of the EU primary law and its ratification process in all EU Member States has been finalised in November 2009. The paper will focus both on the outline of the present state of human rights protection in the EU from the historical perspective and changes brought by the TL.
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Obokata, Tomoya. "Trafficking of human beings as a human rights violation : obligations and accountability under international human rights law." Thesis, University of Nottingham, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.408594.

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Afrim-Narh, Abraham T. "Human rights limitations : clarifying the emerging obligations of business." Thesis, Middlesex University, 2015. http://eprints.mdx.ac.uk/18464/.

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The United Nations recognises that businesses have responsibility for human rights and there are ongoing negotiations that may lead to the adoption of legally binding framework to ascribe human rights obligations to businesses. The present study considers that ascribing human rights obligations to businesses raises the corresponding need to clarify whether human rights limitations could be factored into their obligations. In contribution to the clarification of this issue, this thesis examines two requirements for permissible limitation of human rights, namely, the concepts of ‘law’ and ‘legitimate aims’. It undertakes a legal analysis of these concepts in terms of whether within the specific context of business, they might respectively include (i) rules that are generated by businesses themselves and (ii) the core interests of businesses as grounds for human rights limitations. It shows how the doctrine of private delegation explains the disposition of businesses to generate rules that may serve as valid bases for human rights limitations and finally proposes the core interests of businesses that may also have to be prioritised as the ‘equivalents’ of legitimate grounds for human rights limitations in business contexts.
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McCall-Smith, Kasey Lowe. "Reservations to human rights treaties." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6320.

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This thesis examines the default application of the 1969 Vienna Convention on the Law of Treaties reservation rules to reservations to human rights treaties. The contemporary practice of formulating reservations allows states to unilaterally modify their treaty obligations following the conclusion of negotiations. Though multilateral treaties address a broad spectrum of subjects and are negotiated using a variety of methods, all treaties are governed by the same residual reservation rules of the Vienna Convention when there is not a treaty-specific reservation regime in place. The Vienna Convention system is only engaged if a state seizes the opportunity to determine whether a reservation is valid pursuant to default rules or if a challenge regarding the validity of a reservation is brought before another competent mechanism of review, such as a dispute resolution mechanism. Even when applied, the Vienna Convention rules are ambiguous at best and have been criticised since their inception due to the high degree of flexibility in their application, especially in relation to human rights treaties. In light of the inherent flaws of the Vienna Convention reservation regime and the structural characteristics of human rights treaties, rarely will a reserving state be deprived of the benefit of the reservation even if it is determined to be invalid by another State Party. Though the consequences of an invalidity determination are more concrete when the decision is taken by a dispute resolution mechanism, such as a court, seldom are disputes over the validity of a reservation to a human rights treaty submitted to a competent mechanism. Using the core UN human rights treaties as a case study this research highlights that the past thirty years have revealed a practical impasse in treaty law when the default reservation rules are relied upon to regulate reservations to human rights treaties. Reservations of questionable validity gain the same status as valid reservations because the Vienna Convention rules do not address the consequence for a reservation determined to be invalid outwith the traditional inter se application of the reservation between the reserving and objecting states, which is not logical in the context of a human rights treaty. Against this background, this thesis examines whether the default reservation rules adequately govern reservations to human rights treaties. The conclusion affirms that the Vienna Convention reservation regime can regulate reservations to human rights treaties but only if there is a clearly defined final view on the validity of a reservation taken by an organ other than the state. Therefore, it is argued that treaty-specific supervisory mechanisms attached to each of the core UN human rights treaties should be invested with the competency to serve a determinative function with respect to evaluating reservations to human rights treaties in order to facilitate a stronger basis for the international human rights system.
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Söderlund, Erik. "Transnational Corporations and Human Rights : Assessing the position of TNCs within international human rights law, and the appropriateness of an international treaty on business and human rights." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-363144.

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Transnational corporations are playing an important role in the global economy of today. Many of these corporations have great economic resources and have the possibility of contributing to the development of societies in developing states. At the same time, in their search for profit, the activities of TNCs have proven fatal to some of the individuals employed by them, or otherwise in contact with their activities. Within the international legal framework, corporations are not traditionally treated as subjects and if a TNC allocates its production to a state with lax human rights protection, no binding international standards exist to regulate the conduct of the corporation.  In my thesis I will assess the position of TNCs under the present core human rights instruments and soft law initiatives. I will also analyze a draft treaty text produced by the Intergovernmental Working Group on Business and Human Rights, released in July 2018, to reach a conclusion on whether such an instrument would affect the international legal status of TNCs and provide a more robust protection of international human rights.
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Raible, Lea Alexa. "Human rights unbound : a theory of extraterritorial human rights obligations with special reference to the International Covenant on Economic, Social and Cultural Rights." Thesis, University College London (University of London), 2018. http://discovery.ucl.ac.uk/10041896/.

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This thesis advances four main arguments aimed at fundamentally changing the way we think about extraterritorial human rights obligations. First, I argue that the questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, I seek to show that human rights as found in international human rights law, including the International Covenant on Economic, Social and Cultural Rights, are underpinned by the values of integrity and equality. Third, I argue that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over said individuals. And fourth, I show that title to territory is best captured by the value of stability, as opposed to integrity and equality. Because of this, models of jurisdiction that incorporate a close relationship with title to territory cannot be successful. The consequence of these arguments is a major shift in how we view extraterritorial human rights obligations. Namely, the upshot is that all standards in international human rights law that count as human rights require that a threshold of jurisdiction, understood as political power, is met. However, on my account, this threshold is not a conceptual necessity but a normative one. It is the relevant threshold not only for practical reasons, but because it justifies the allocation of human rights obligations.
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Kolliniati, Maria-Artemis [Verfasser]. "Human Rights and Positive Obligations to Healthcare : Reading the European Convention on Human Rights through Joseph Raz's Theory of Rights / Maria-Artemis Kolliniati." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://d-nb.info/1192102681/34.

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Books on the topic "Human rights treaty obligations"

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Larsen, Kjetil Mujezinović. The human rights treaty obligations of peacekeepers. Cambridge: Cambridge University Press, 2012.

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The human rights treaty obligations of peacekeepers. Cambridge: Cambridge University Press, 2012.

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Sharia, Muslim states and international human rights treaty obligations: A comparative study. London: British Institute of International and Comparative Law, 2008.

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Abiad, Nisrine. Sharia, Muslim states and international human rights treaty obligations: A comparative study. London: British Institute of International and Comparative Law, 2008.

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Workshop on International Human Rights Instruments and Reporting Obligations (1991 Moscow, Russia). Workshop on International Human Rights Instruments and Reporting Obligations: Preparation of reports to United Nations human rights treaty bodies : report : Moscow, 26-30 August 1991. New York: United Nations, 1992.

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Workshop on international human rights instruments and reporting obligations: preparation of reports to United Nations human rights treaty bodies (1991 Moscow). Workshop on international human rights instruments and reporting obligations: preparation of reports to United Nations human rights treaty bodies: Report, Moscow, 26-30 August 1991. New York: United Nations, 1992.

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Deva, Surya, and David Bilchitz, eds. Human Rights Obligations of Business. Cambridge: Cambridge University Press, 2013. http://dx.doi.org/10.1017/cbo9781139568333.

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Tom, Regan, and Singer Peter 1946-, eds. Animal rights and human obligations. 2nd ed. Englewood Cliffs, N.J: Prentice Hall, 1989.

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Tashiro, Yasuhisa, Norihiro Kirihata, Yoshiyuki Nakajima, and Mikio Sono. Research on "universal human obligations". Tokyo, Japan: National Institute for Research Advancement, 1999.

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Universal human rights and extraterritorial obligations. Philadelphia: University of Pennsylvania Press, 2010.

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Book chapters on the topic "Human rights treaty obligations"

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Pribytkova, Elena. "Extraterritorial obligations in the United Nations system: UN treaty bodies." In The Routledge Handbook on Extraterritorial Human Rights Obligations, 95–109. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003090014-10.

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Huang, Song-Lih, and Yibee Huang. "The Role of NGOs in Monitoring the Implementation of Human Rights Treaty Obligations." In Economics, Law, and Institutions in Asia Pacific, 305–19. Singapore: Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-13-0350-0_17.

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de Varennes, Fernand. "Language Rights Standards in Europe: The Impact of the Council of Europe’s Human Rights and Treaty Obligations." In Rights, Promotion and Integration Issues for Minority Languages in Europe, 23–31. London: Palgrave Macmillan UK, 2009. http://dx.doi.org/10.1007/978-0-230-23375-1_2.

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Thorsteinsdóttir, Halldóra. "Globalisation and Court Practice in Iceland: New Case Law of the Supreme Court in Relation to the EEA Agreement and European Convention on Human Rights." In Ius Gentium: Comparative Perspectives on Law and Justice, 151–65. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-74851-7_9.

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AbstractThis article examines the status of international treaties in Iceland law and how Icelandic court practice has developed in recent years in that area. With regard to the relationship between domestic law and international law, Iceland adheres to the principle of dualism. This means that international law does not come into force as Icelandic law unless implemented by the legislator. As a result, Icelandic Courts will not, in general, apply provisions of international treaties unless they have been incorporated into Icelandic statutory law. However, this does not mean that international obligation are not fulfilled, as Icelandic Courts will seek to interpret domestic law in line with international obligation to the extent possible. If an international treaty has been implemented into Icelandic law, its provisions are binding like other domestic law. With regard to the EEA Agreement, Icelandic Courts will seek to interpret national law in accordance with EEA obligations and follow the judgments of the EFTA Court if the Icelandic provision in question is open to such an interpretation. With regard to the European Convention on Human Rights, Icelandic Courts will even go a step further, as recent judgments show that Icelandic Courts tend to interpret the human rights provisions of the Icelandic Constitution in line with interpretation laid down by The European Court of Human Rights, even in cases where such an interpretation does not exactly fit within the direct wording of the provision in question. This is due to a special connection between the human rights chapter of the Icelandic Constitution and the Convention, as one of the legislators’ main goals when amending the Constitution in 1994 was to bring the human rights chapter more in line with the Convention.
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Skogly, Sigrun. "Global human rights obligations." In The Routledge Handbook on Extraterritorial Human Rights Obligations, 25–39. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003090014-4.

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Pisillo Mazzeschi, Riccardo. "Spatial Scope of Obligations." In International Human Rights Law, 155–76. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-77032-7_9.

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Pisillo Mazzeschi, Riccardo. "Personal Scope of Obligations." In International Human Rights Law, 125–33. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-77032-7_7.

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Yuen, Mary Mee-Yin. "Migration, Human Rights, and Obligations." In Solidarity and Reciprocity with Migrants in Asia, 61–89. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-33365-2_4.

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Mueller, Angela. "Justifying extraterritorial human rights obligations." In The Routledge Handbook on Extraterritorial Human Rights Obligations, 53–64. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003090014-6.

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Henn, Elisabeth Veronika. "Primary Obligations: Positive Human Rights Obligations in Context." In International Human Rights Law and Structural Discrimination, 93–105. Berlin, Heidelberg: Springer Berlin Heidelberg, 2019. http://dx.doi.org/10.1007/978-3-662-58677-8_4.

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Conference papers on the topic "Human rights treaty obligations"

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Duić, Dunja, and Veronika Sudar. "THE IMPACT OF COVID-19 ON THE FREE MOVEMENT OF PERSONS IN THE EU." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18298.

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The impact of the COVID-19 outbreak is being endured throughout the world, and the European Union (EU) is no exception. The rapid spreading of the virus effected, among other things, restriction on the freedom of movement. The EU member states introduced national response measures to contain the pandemic and protect public health. While broadly similar, the measures differ with regard to strictness and the manner of introduction, reflecting the political legitimacy of the respective country. With the ‘Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak’ – its first COVID-19-related Communication – the European Commission (EC) attempted to curb differing practices of the EU member states and ensure a coordinated approach. Ultimately, this action was aimed at upholding of fundamental rights as guaranteed to EU citizens, one such being the freedom of movement. Thus, from the very start of the pandemic, the coordinated actions of EU institutions sought to contain the spread of COVID-19 infections with the support and cooperation of EU member states. This is confirmed by the most recent Council of the EU (Council) recommendation on a coordinated approach to restrictions to freedom of movement within the EU of October 2020. While they did prevent the spread of infection and save countless lives, the movement restriction measures and the resulting uncertainty have greatly affected the people, the society, and the economy, thereby demonstrating that they cannot remain in force for an extended period. This paper examines the measures introduced by EU member states and analyses the legal basis for introducing therewith limitations on human rights and market freedoms. To what extent are the EU and member states authorized to introduce restrictions on the freedom of movement in the interest of public health? Have the EU and member states breached their obligations regarding market freedoms and fundamental rights under the Treaty? And most importantly: have they endangered the fundamental rights of the citizens of the EU?
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Widiyono, Try, and Hamdan Azhar Siregar. "The Relationship Between Human Basic (Human Rights) Obligations and Human Rights." In International Conference on Law Reform (INCLAR 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200226.031.

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Hoesein, Zainal. "Rights and Obligations of Human Rights in Islam Perspective." In 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.17-7-2019.2303494.

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"BUSINESS OBLIGATIONS N HUMAN RIGHTS IN THE INFORMATION SOCIETY." In Global Business and Law Development Imperatives. Київський національний торговельно-економічний університет, 2019. http://dx.doi.org/10.31617/k.knute.2019-10-10.47.

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Koneva, Aleksandra. "Strengthening the Human Rights Treaty Body System Today: Achievements and Challenges." In 2018 2nd International Conference on Education Science and Economic Management (ICESEM 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/icesem-18.2018.25.

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Campbell, Tara L., and Heather L. Treacy. "The Impact of Aboriginal Interests Upon Proposed Pipeline Projects." In 2004 International Pipeline Conference. ASMEDC, 2004. http://dx.doi.org/10.1115/ipc2004-0355.

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This paper will seek to address the rapidly evolving issues relating to the impact of aboriginal interests upon resource development projects. In particular, this paper will address the interaction between aboriginal interests and pipeline projects and recent judicial decisions that have impacted upon this interaction. This paper will specifically discuss the extent of consultation obligations with aboriginal people and strategies that may be employed by proponents of pipeline projects. More specifically, this paper will address the following: Distinctions between various types of constitutionally protected aboriginal interests, including, treaty rights (both historic treaties and comprehensive land claim agreements), aboriginal rights, including aboriginal title, and Me´tis rights; Understanding the obligations of government and third party resource developers to consult with aboriginal people, including consultation and accommodation of aboriginal interests and compensation issues; - Consultation as part of the regulatory approval processes for both provincially and federally regulated pipelines, including both National Energy Board requirements and provincial requirements (British Columbia and Alberta); and - The practical realities of consultation, including the scope of remedies for the unjustified infringement of aboriginal interests; and how to create a more effective consultation process and protect the interests of proponents of pipeline projects.
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Utama, Satria. "The Reconstruction of Tax Treaty In Indonesia." In Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.14-4-2021.2312319.

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BÎGU, Dragoș, and Mihail-Valentin CERNEA. "WORKPLACE VACCINATION MANDATES: MORAL DILEMMAS AND HUMAN RIGHTS." In International Management Conference. Editura ASE, 2022. http://dx.doi.org/10.24818/imc/2021/05.02.

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This article attempts to provide a normative analysis for decision-making process behind workplace vaccination mandates. To be clear, the paper focuses on employer-based mandates and not situations when public authorities impose some form of compulsory vaccination. The first section of the article presents empirical data about the implementation of workplace vaccination in the case of influenza and COVID-19 and the positive economic effect that vaccination can have on business. The next section argues that employer mandated vaccination puts companies, from an ethical poin of view, in front of a difficult moral dilemma involving the careful balance of both employers’ and employees’ rights and obligations. The most important part of the framework discusses the relevant factors that need to be taken into account before such measures can be adopted in business and the complications involved by religious and philosophical exemptions. The article ends by concluding that, in the absence of any requirement by public authorities, employers should impose vaccination in quite limited context and, as such, measures to promote vaccination in the workplace without compulsion are more appropriate in a majority of situations.
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Du, Jianming. "Discussion on Human Rights Protection and State Obligations Against the Copyright System in the Internet Age." In 4th International Conference on Culture, Education and Economic Development of Modern Society (ICCESE 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200316.332.

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Yagubali Mammadova, Vafa. "THE PANDEMIC TREATY: NEW OPPORTUNITIES FOR INTERNATIONAL MEDICAL LAW." In X BEYNƏLXALQ ELMİ ARAŞDIRMALAR KONFRANSI. https://aem.az/, 2022. http://dx.doi.org/10.36719/2663-4619/2022/3/4/7-10.

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Açar sözlər: müqavilə, pandemiya, beynəlxalq hüquq, tibbi hüquq, insan hüquqları Keywords: treaty, pandemic, international law, medical law, human rights The need to unify the efforts of various countries of the world in the context of the fight against the spread of medical threats on a global scale was clearly studied against the background of the coronavirus pandemic (COVID-19). Although the issues of medical law have been discussed at the international level for many years, the urgency of the problem has become more obvious today. International law in the field of medicine is fragmented by various treaties, conventions, declarations and other documents of a mandatory and non-binding nature. The Framework Convention on Tobacco Control (FCTC), adopted within the framework of WHO in 2003, became the first international treaty. Another legal instrument of a binding nature is the International Health Regulations (IHR), adopted by WHO in 2005. However, as it became clear against the background of the COVID-19 pandemic, the mentioned documents have narrow focus.
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Reports on the topic "Human rights treaty obligations"

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Hicks, Jacqueline. Drivers of Compliance with International Human Rights Treaties. Institute of Development Studies (IDS), August 2021. http://dx.doi.org/10.19088/k4d.2021.130.

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Are international human rights treaties associated with better rights performance? The appetite for a conclusive answer has driven a number of large scale quantitative studies that have broadly shown little or no effect, and sometimes even a backsliding. However, the headline conclusions belie much more complicated findings, and the research methods used are controversial. These issues undermine confidence in the findings. Comparative and individual case studies allow for more detailed information about how domestic human rights activists use international human rights laws in practice. They tend to be more positive about the effect of treaties, but they are not as systematic as the quantitative work. Some indirect measures of treaty effect show that the norms contained within them filter down into domestic constitutions, and that the process of human rights reporting at the UN may be useful if dialogue can be considered an a priori good. It is likely that states are driven to comply with human rights obligations through a combination of dynamic influences. Drivers of compliance with international law is a major, unresolved question in the research that is heavily influenced by the worldview of researchers. The two strongest findings are: Domestic context drives compliance. In particular: (1) The strength of domestic non-governmental organisations (NGOs), and links with international NGOs (INGOs), and (2) in partial and transitioning democracies where locals have a reason to use the treaties as tools to press their claims. External enforcement may help drive compliance when: (1) other states link human rights obligations in the treaties to preferential trade agreements, and (2) INGOs ‘name and shame’ human rights violations, possibly reducing inward investment flows from companies worried about their reputation. Scholars also identify intermediate effects of continued dialogue and norm socialisation from the UN’s human rights reporting processes. Interviews with diplomats involved in UN reporting say that the process is more effective when NGOs and individual governments are involved.
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Kelly, Luke. Lessons Learned on Cultural Heritage Protection in Conflict and Protracted Crisis. Institute of Development Studies (IDS), April 2021. http://dx.doi.org/10.19088/k4d.2021.068.

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This rapid review examines evidence on the lessons learned from initiatives aimed at embedding better understanding of cultural heritage protection within international monitoring, reporting and response efforts in conflict and protracted crisis. The report uses the terms cultural property and cultural heritage interchangeably. Since the signing of the Hague Treaty in 1954, there has bee a shift from 'cultural property' to 'cultural heritage'. Culture is seen less as 'property' and more in terms of 'ways of life'. However, in much of the literature and for the purposes of this review, cultural property and cultural heritage are used interchangeably. Tangible and intangible cultural heritage incorporates many things, from buildings of globally recognised aesthetic and historic value to places or practices important to a particular community or group. Heritage protection can be supported through a number of frameworks international humanitarian law, human rights law, and peacebuilding, in addition to being supported through networks of the cultural and heritage professions. The report briefly outlines some of the main international legal instruments and approaches involved in cultural heritage protection in section 2. Cultural heritage protection is carried out by national cultural heritage professionals, international bodies and non-governmental organisations (NGOs) as well as citizens. States and intergovernmental organisations may support cultural heritage protection, either bilaterally or by supporting international organisations. The armed forces may also include the protection of cultural heritage in some operations in line with their obligations under international law. In the third section, this report outlines broad lessons on the institutional capacity and politics underpinning cultural protection work (e.g. the strength of legal protections; institutional mandates; production and deployment of knowledge; networks of interested parties); the different approaches were taken; the efficacy of different approaches; and the interface between international and local approaches to heritage protection.
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Saunders, Joss. COVID-19 and Key Human Rights Principles in Practice: State obligations and business’ responsibilities in responding to the pandemic. Oxfam, August 2020. http://dx.doi.org/10.21201/2020.6331.

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The COVID-19 pandemic is exacerbating existing human rights violations, and enabling others. However, it is also stimulating opportunities to further the human rights agenda. A robust framing is needed to hold duty bearers to account, and to help governments and communities to build back better. This paper provides an overview of the issues through the lens of 5 key human rights principles. It uses a human rights framing to assist governments, business and civil society to understand their obligations and ways they can help manage the impacts of the pandemic. This is an advance version of the paper for discussion. The paper will be revised to take account of comments and a final version will be published in the coming months.
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Lehtimaki, Susanna, Kassim Nishtar, Aisling Reidy, Sara Darehshori, Andrew Painter, and Nina Schwalbe. Independent Review and Investigation Mechanisms to Prevent Future Pandemics: A Proposed Way Forward. United Nations University International Institute for Global Health, May 2021. http://dx.doi.org/10.37941/pb-f/2021/2.

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Based on the proposal by the European Council, more than 25 heads of state and the World Health Organization (WHO) support development of an international treaty on pandemics, that planned to be negotiated under the auspices of WHO, will be presented to the World Health Assembly in May 2021. Given that the treaty alone is not enough to ensure compliance, triggers for a high-level political response is required. To this end, to inform the design of a support system, we explored institutional mechanismsi with a mandate to review compliance with key international agreements in their signatory countries and conduct independent country investigations in a manner that manages sovereign considerations. Based on our review, there is no single global mechanism that could serve as a model in its own right. There is, however, potential to combine aspects of existing mechanisms to support a strong, enforceable treaty. These aspects include: • Periodic review - based on the model of human rights treaties, with independent experts as the authorized monitoring body to ensure the independence. If made obligatory, the review could support compliance with the treaty. • On-site investigations - based on the model by the Committee on Prevention of Torture according to which visits cannot be blocked by state parties. • Non-negotiable design principles - including accountability; independence; transparency and data sharing; speed; emphasis on capabilities; and incentives. • Technical support - WHO can provide countries with technical assistance, tools, monitoring, and assessment to enhance emergency preparedness and response.
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Lehtimaki, Susanna, Aisling Reidy, Kassim Nishtar, Sara Darehschori, Andrew Painter, and Nina Schwalbe. Independent Review and Investigation Mechanisms to Prevent Future Pandemics: A Proposed Way Forward. United Nations University International Institute for Global Health, April 2021. http://dx.doi.org/10.37941/rr/2021/1.

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The COVID-19 pandemic has created enormous challenges for national economies, livelihoods, and public services, including health systems. In January 2021, the World Health Organization proposed an international treaty on pandemics to strengthen the political commitment towards global pandemic preparedness, control, and response. The plan is to present a draft treaty to the World Health Assembly in May 2021. To inform the design of a support system for this treaty, we explored existing mechanisms for periodic reviews conducted either by peers or an external group as well as mechanisms for in-country investigations, conducted with or without country consent. Based on our review, we summarized key design principles requisite for review and investigation mechanisms and explain how these could be applied to pandemics preparedness, control, and response in global health. While there is no single global mechanism that could serve as a model in its own right, there is potential to combine aspects of existing mechanisms. A Universal Periodic Review design based on the model of human rights treaties with independent experts as the authorized monitoring body, if made obligatory, could support compliance with a new pandemic treaty. In terms of on-site investigations, the model by the Committee on Prevention of Torture could lend itself to treaty monitoring and outbreak investigations on short notice or unannounced. These mechanisms need to be put in place in accordance with several core interlinked design principles: compliance; accountability; independence; transparency and data sharing; speed; emphasis on capabilities; and incentives. The World Health Organization can incentivize and complement these efforts. It has an essential role in providing countries with technical support and tools to strengthen emergency preparedness and response capacities, including technical support for creating surveillance structures, integrating non-traditional data sources, creating data governance and data sharing standards, and conducting regular monitoring and assessment of preparedness and response capacities.
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