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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Černic, Jernej Letnar. "Corporate Human Rights Obligations under Socio-economic Rights." Philosophy of law and general theory of law, no. 1 (December 21, 2021): 64–102. http://dx.doi.org/10.21564/2707-7039.1.247453.
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In the chapter it is examined obligations of business in the field of socio-economic rightsThe author proceeds from the understanding of the importance of socio-economic rights to ensurethe livelihood of people and the creation of human opportunities, as well as their fundamental naturein terms of enjoying civil and political rights. The author is convinced that not only states, but alsocorporations, have certain obligations in the field of socio-economic rights. Because socioeconomicrights are linked to financial resources, corporations can make a significant contribution to securingthem in case of state fragility.The author analyzes international documents, compares national legal systems, as well as othersources (decisions of treaty bodies on human rights), and he concludes that corporate obligationsgain their legitimacy due to the horizontal application of national and international human rights law.It is noted that the UN Guiding Principles on Business and Human Rights, the OECD Guidelines forTransnational Enterprises, the UN Global Compact, the ILO Tripartite Declaration play a significantrole in promoting corporate human rights obligations in the field of socio-economic rights.The author also analyzes the significance of voluntary commitments of both individual corporationsand individual sectors that are generally the part of corporate policy and suggests their questionablelegal nature (lex imperfecta), as they do not provide sanctions for their violation.Analyzing the features of corporate obligations under socio-economic rights, the author takes asa basis the negative and positive dichotomy of human rights, as well as the approach embodied ininternational human rights law on three types of human rights obligations – to respect, protect, ensure.The author concludes that within each of the types of socio-economic rights obligations, corporationshave both preventive (negative and positive) and some corrective (negative and positive) obligations,especially where they control and/or or influence or in proximity of their operations.
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Cerna, Christina M. "Keyu v. Secretary of State for Foreign and Commonwealth Affairs (U.K. Sup. Ct.)." International Legal Materials 55, no. 3 (June 2016): 525–81. http://dx.doi.org/10.5305/intelegamate.55.3.0525.
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On November 25, 2015, the U.K. Supreme Court dismissed a case in which the British Secretaries of State for Foreign Affairs and Defense failed to hold a public inquiry into an atrocity committed in 1948 by British troops in the British protectorate of Malaya, today Malaysia. The case is of particular interest because it concerns the obligations of states for atrocities committed in the past, before their obligations under the European Convention on Human Rights (European Convention) or a comparable treaty, entered into force. Whereas the principle of the nonretroactivity of treaties protects a state from responsibility for acts committed before the human rights treaty entered into force for that state, the issue in this case was whether the state nonetheless had an obligation to investigate the crimes of the past.
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Meier, Benjamin Mason, and Alicia Ely Yamin. "Right to Health Litigation and HIV/AIDS Policy." Journal of Law, Medicine & Ethics 39, S1 (2011): 81–84. http://dx.doi.org/10.1111/j.1748-720x.2011.00573.x.
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Domestic litigation has become a principal strategy for realizing international treaty obligations for the human right to health, providing causes of action for the public’s health and empowering individuals to raise human rights claims for HIV prevention, treatment, and care. In the past 15 years, advocates have laid the groundwork on which a rapidly expanding enforcement paradigm has arisen at the intersection of human rights litigation and HIV/AIDS policy. As this enforcement develops across multiple countries, human rights are translated from principle to practice in the global response to HIV/AIDS, transforming aspirational declarations into justiciable obligations and implementing human rights through national policies and programs.
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Zambrana-Tévar, Nicolás. "The International Responsibility of the Holy See for Human Rights Violations." Religions 13, no. 6 (June 6, 2022): 520. http://dx.doi.org/10.3390/rel13060520.
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In recent years, the Holy See has been accused of violating its human rights obligations because of acts of sex abuse by the Catholic clergy. Such accusations are based, in various ways, on the authority of the Holy See over the clergy. The Holy See is often referred to as a state and its obligations as state obligations. UN treaty bodies understand that the human rights obligations of the Holy See, as a treaty party, are of a legal––not moral––nature and apply extraterritorially, i.e., beyond the territory of the Vatican City State. The notion of state jurisdiction is, therefore, applied to the Holy See in the same way as to any other state. UN treaty bodies implicitly conclude that, for the purpose of human rights responsibility, the crimes of the clergy must be attributed to the Holy See and that anyone under the religious authority of the Holy See is under its state jurisdiction. However, a closer examination of the nature of the Holy See and its authority under international law, church doctrine, and church law paints a more complex and nuanced picture, where it is hard to describe the clergy as state organs or religious authority as state jurisdiction. Still, there are reasons to understand that certain acts and omissions of the Holy See in the context of the sex abuse crisis can be characterized as violations of its positive obligations of conduct.
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van Kempen, Piet Hein, and Masha Fedorova. "Regulated Legalization of Cannabis through Positive Human Rights Obligations and Inter se Treaty Modification." International Community Law Review 20, no. 5 (October 10, 2018): 493–526. http://dx.doi.org/10.1163/18719732-12341386.
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Abstract Although the UN narcotic drugs conventions do not allow states parties to legalize cannabis cultivation and trade for recreational use, there are possibilities for states to do so anyhow while staying within the boundaries of international public law. A first option concerns positive human rights obligations, i.e. obligations that require states to take measures in order to offer the best protection of human rights. If a state convincingly argues that with cannabis regulation positive human rights obligations to protect society can be more effectively achieved than under a prohibitive approach, the priority position of human rights obligations over the drugs conventions can justify such regulation. The second option regards the modification of the drugs conventions through an inter se agreement on cannabis regulation between certain of the states parties only. The positive human rights approach and the inter se possibility can strengthen each other and are a supreme combination.
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Clark, Tom, and Jan Niessen. "Equality Rights and Non-Citizens in Europe and America: The Promise, the Practice and Some Remaining Issues." Netherlands Quarterly of Human Rights 14, no. 3 (September 1996): 245–75. http://dx.doi.org/10.1177/092405199601400302.
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The article discusses the fundamental role played by the notion of equality and shows that a general promise of equality is a hallmark of the UN system to which non-citizens’ may lay claim. Recent international juridical practice shows a progressive move towards equality between citizens and non-citizens in civil and social rights. An international human rights doctrine and norms have been established for distinguishing between differentiation which is legitimate and discrimination. The article examines the effect of the international test and doctrine of equality for some of the key rights at issue in practice for several categories of non-citizens. The article reflects on the interpretative power of the texts of regional human rights treaties on State obligations under a ratified human rights treaty. When States enter into treaties involving human beings for whatever purpose, for example the North American Free Trade Agreement (NAFTA) or the Treaty on European Union (EU), they do not do so in a legal vacuum. Human beings attract human rights from treaties at the international and regional level. Many States have entered one or more of these human rights treaties so that any other additional treaty must be consonant with the existing human rights treaty obligations. One of the human rights treaty promises is that of human rights in equality. The article argues that when States jointly grant rights or benefits under a further treaty, the further treaty must ensure that the rights jointly granted must be granted in equality. The article concludes that to ensure the promise of non-discrimination for non-citizens requires further initiatives and suggests efforts to ensure treaties impacting non-citizens are ratified (especially those relating to economic and social rights and migrant workers), a review of existing treaties involving non-citizens, a more careful application of non-discrimination provisions by human rights treaty bodies and further efforts to establish the equality doctrine and norms in international human rights law by seeking to use the doctrine in complaints and reporting mechanisms.
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Boerefijn, Ineke. "ESTABLISHING STATE RESPONSIBILITY FOR BREACHING HUMAN RIGHTS TREATY OBLIGATIONS: AVENUES UNDER UN HUMAN RIGHTS TREATIES." Netherlands International Law Review 56, no. 02 (August 2009): 167. http://dx.doi.org/10.1017/s0165070x09001673.
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DE SCHUTTER, Olivier. "Towards a New Treaty on Business and Human Rights." Business and Human Rights Journal 1, no. 1 (November 13, 2015): 41–67. http://dx.doi.org/10.1017/bhj.2015.5.
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AbstractThis article examines the legal as well as political feasibility of four potential options for a legally-binding international instrument in the area of business and human rights. The four options that the open-ended intergovernmental working group may wish to consider while negotiating an instrument are: (i) to clarify and strengthen the states’ duty to protect human rights, including extraterritorially; (ii) to oblige states, through a framework convention, to report on the adoption and implementation of national action plans on business and human rights; (iii) to impose direct human rights obligations on corporations and establish a new mechanism to monitor compliance with such obligations; and (iv) to impose duties of mutual legal assistance on states to ensure access to effective remedies for victims harmed by transnational operations of corporations. As these options are not mutually exclusive, the author argues that a hybrid instrument building on elements of the first and the fourth option may be the best way forward both in terms of political feasibility and improving access to effective remedies for victims.
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McConnell, Lee. "ASSESSING THE FEASIBILITY OF A BUSINESS AND HUMAN RIGHTS TREATY." International and Comparative Law Quarterly 66, no. 1 (November 23, 2016): 143–80. http://dx.doi.org/10.1017/s0020589316000476.
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AbstractIn light of a recent shift in dialogue to hard law standards in the domain of business and human rights, this article provides an in-depth examination of the viability of a business and human rights treaty. It seeks to advance a valid theoretical model for a treaty that directly addresses non-State actors, explores the allocation of responsibility among multiple duty-bearers, and contemplates the scope, content, and enforcement of the potential obligations. By supplementing this analysis with analogies drawn from existing treaty regimes, the article aims to contribute positively to the normative development of international law in the field.
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Gadkowski, Aleksander. "The Convention for the Protection of Human Rights and Fundamental Freedoms as an International Treaty and a Source of Individual Rights." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 13 (December 31, 2021): 77–96. http://dx.doi.org/10.14746/ppuam.2021.13.04.
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The aim of this paper is to present the legal nature of the Convention for the Protection of Human Rights and Fundamental Freedoms as a special treaty under international human rights law. The article focuses on the twofold nature of the Convention. First, it presents the Convention as an international treaty, and thus as a source of specific obligations of states-parties. Second, it presents the Convention as the source of fundamental individual human rights. The article also discusses the role of ECtHR case law in the context of fundamental individual human rights.
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WYTHES, ANNIKA. "Investor–State Arbitrations: Can the ‘Fair and Equitable Treatment’ Clause Consider International Human Rights Obligations?" Leiden Journal of International Law 23, no. 1 (February 2, 2010): 241–56. http://dx.doi.org/10.1017/s0922156509990409.
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AbstractThe recent investor–state arbitration claim of Piero Foresti, Laura De Carli and others v. Republic of South Africa considers the extent to which international human rights obligations might be compromised by investor protections. In this regard, the paper examines the investor protection known as fair and equitable treatment (FET). It addresses this treatment obligation in the context of the South Africa–Italy bilateral investment treaty, and its invocation by investors who feel wronged by South Africa's black economic empowerment policies. It analyses the main interpretative theories of the FET clause, and concludes that it is to be interpreted as a self-contained treaty standard. This sui generis approach to interpreting FET clauses more accurately reflects the intentions of the state parties. Such a view supports the conclusion that international human rights should be considered in the interpretation of the FET clause.
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Wabwile, Michael. "Re-examining States’ External Obligations to Implement Economic and Social Rights of Children." Canadian Journal of Law & Jurisprudence 22, no. 2 (July 2009): 407–49. http://dx.doi.org/10.1017/s0841820900004756.
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International law on the protection and promotion of social and economic rights of the child binds states parties to respect, protect and secure these rights both in their own territories as well as to contribute to the programmes for such fulfilment in other countries in a strategy aiming at global implementation of these rights. This paper explores the legal basis for states‘ external obligations to support fulfilment of social and economic rights. It surveys inter alia the relevant treaty texts, explanatory resolutions of the UN General Assembly and statements in reports submitted by states parties to the UN monitoring committees, and argues that recent state practice and interpretation of human rights obligations confirms the extraterritorial obligations to support fulfilment of these rights. Since these are obligations to fulfil the rights of human beings in other countries rather than obligations to third states, they can be referred to as ‘diagonal obligations‘ to distinguish them from inter-state horizontal responsibility.
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Agarwal, Varsha, and Ganesh L. "Standards of human rights to palliative care: gaps and trends." International Journal of Human Rights in Healthcare 13, no. 4 (May 15, 2020): 293–98. http://dx.doi.org/10.1108/ijhrh-02-2020-0013.
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Purpose The purpose of this paper is to investigate key milestones in development of standards of human rights to health care in particular context of addressing palliative care, relevant efforts of advocacy in past decade and future area of growth. Design/methodology/approach In this study, analysis of human rights and its standards in context of palliative care has been provided through the lens of freedom from ill treatment and torture, right to health care and older persons’ and children’s rights. Findings Findings of this study highlighted significant developments in this area which include following: first treaty of human rights which explained right to palliative care; first resolution on palliative care by World Health Assembly; special rapporteur’s report focussed on denial of pain; and addressing issue of controlled medicine availability in special session of UN General Assembly. Originality/value Human rights standards and their development in context of palliative care have been most significant in relation to freedom from ill treatment and torture, right to health care and older persons’ rights. Further work is required in context of children’s rights and treaty bodies of human rights need to consistently address state obligations towards palliative care.
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Breitwieser-Faria, Yvonne. "Prevention of Atrocity Crimes: Legal Obligations of States and Due Diligence." German Yearbook of International Law 63, no. 1 (January 1, 2022): 451–79. http://dx.doi.org/10.3790/gyil.63.1.451.
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The conceptualisation of States’ obligations for atrocity prevention, legal and otherwise, has gained increasing momentum as atrocity crimes across the world continue to make seemingly endless headlines. While some States acknowledge that they incur a duty to prevent atrocity crimes; the source, scope, and nature of any legal atrocity prevention obligations remain largely unexplored and controversial. Any extraterritorial dimension to this end is subject to much debate. The International Court of Justice identified such an obligation regarding genocide to be one of due diligence, but its scope remains ambiguous and somewhat unspecific. This paper determines applicable due diligence obligations vis-à-vis atrocity crimes. It argues that States incur not-territorially-limited due diligence obligations for atrocity prevention arising from existing international treaty and customary law. States are thereby required to take reasonable measures to prevent the commission of atrocity crimes in their own territories, and in certain circumstances beyond their borders, as far as possible. The jurisprudence of human rights bodies concerning suppression and positive obligations in international human rights and humanitarian law further supports such atrocity prevention obligations. The paper ends with an examination of possible operational prevention methods to fulfil States’ obligations of atrocity prevention.
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Harrington, Joanna. "Scrutiny and Approval: The Role for Westminster-Style Parliaments in Treaty-Making." International and Comparative Law Quarterly 55, no. 1 (January 2006): 121–60. http://dx.doi.org/10.1093/iclq/lei069.
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In December 2004, Parliament's Joint Committee on Human Rights added its voice to the call for a greater parliamentary role in the making of treaties. In its report on Protocol No. 14 to the European Convention on Human Rights, the Joint Committee included a one-page chapter on ‘Increasing Parliament's involvement in the adoption of human rights treaties’, expressing the view that it was desirable for Parliament to become more involved prior to ratification on the grounds that effective parliamentary scrutiny would serve to ‘enhance the democratic legitimacy of human rights obligations incurred… by the Executive pursuant to the prerogative power.’1 Motivated by this concern, the Committee has undertaken, on its own initiative, an extensive review of the UK's treaty commitments in the human rights field with a view to securing greater parliamentary support for these obligations through the mechanism of public scrutiny.2
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Horowitz, Jonathan. "Human Rights, Positive Obligations, and Armed Conflict: Implementing the Right to Education in Occupied Territories." Journal of International Humanitarian Legal Studies 1, no. 2 (2010): 304–28. http://dx.doi.org/10.1163/187815211x555353.
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AbstractIn three cases, the International Court of Justice (ICJ) has held that States must apply their human rights treaty obligations extraterritorially during times of occupation. International human rights law and international humanitarian law (IHL), under which occupation law exists, were not constructed in formal consultation with one another. But their ability to co-exist is logical enough, with human rights law emerging from, and IHL expanding after, World War II with the similar aim of committing governments to protect the most basic notions of humanity. Tensions between the two regimes do, however, exist. Occupation law largely works to restrict Occupying Powers from tampering with the laws and institutions of the occupied territory, whereas significant portions of human rights law press States to amend or change laws and develop infrastructure to accommodate the welfare of the population under their control. With a focus on the positive human rights obligations contained within the right to education, this article looks at the compatibility of these two regimes, points out tensions, and proposes ways for easing their co-existence.
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Emelonye, Uchenna. "Implementation of International Human Rights Obligations in Nigeria: Civil Society Perspective." Advances in Social Sciences Research Journal 8, no. 6 (July 2, 2021): 330–44. http://dx.doi.org/10.14738/assrj.86.10383.
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Civil society organizations are key actors in the promotion and protection of human rights in Nigeria and have participated in all the Universal Periodic Review (UPR) circles of the Government of Nigeria. The UPR is a first of its kind innovation adopted in 2006 by the Human Rights Council to complement the works of treaty bodies and involves the review on a periodic basis, the human rights records of all Member States of the United Nations. As a peer review process comprising three distinct stages and involving three major sources of information, this article exclusively ex-rays the UPR civil society report on the implementation of Nigeria’s international human rights obligations. As one of the three sources of information relied upon by the Human Rights Council in the Universal Periodic Review of the human rights record of the Government of Nigeria, this article, while focusing on the civil society information submitted to the Human Rights Council pursuant to the United Nations General Assembly Resolution 60/251 concludes that despite advances in the promotion and protection of human rights claimed in its national report to be made in the implementation of international human rights obligations, there are still, from civil society lens, plethora of issues and gaps in the implementation of Nigeria’s international human rights obligations.
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Aarti. "A Socio-Legal Study Of Reservation in India With Special Reference To Human Rights." Legal Research Development: An International Refereed e-Journal 4, no. 1 (September 30, 2019): 01–03. http://dx.doi.org/10.53724/lrd/v4n1.02.
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Reservation as a concept is very wide. Different people understand reservation to mean different things. One view of reservation as a generic concept is that reservation is an anti-poverty measure. There is a different view which says that reservations are merely providing a right of access and that it is not a right to redressal.1 In Constitution of India it states that Article 15 (which prohibits discrimination on the basis of religion, race, caste, sex, place of birth) and article 16 (equality of opportunity) to insert new clauses that allow the government to make “special provision for the advancement of any economically weaker sections of citizen” other than SC/STs and OBCs. In the international human rights context, the State may modify their obligations under international human rights treaties by entering reservations. Reservations are a particularly technical area of international law, but the study of this rather dry in the context of international human rights law is enlightening. According to the Vienna Convention on the Law of Treaties VCLT, reservation is “a unilateral statement… made by a state, when signing, ratifying, accepting, approving or acceding to a treaty, where, it purports to exclude or modify the legal effect of certain provisions of the treaty. The aim of a reservation is to limit a state‟s obligations under a particular treaty. International Law is not formalistic „general political statement‟ or a „declaration of interpretation‟. States have availed themselves broadly of the possibility of reservations, both quantitatively and qualitatively. There is no doubt that the reservation is problematic for international human rights law. Human rights are clearly more of a „package‟ that most international normative instrument. Reservations also create problems legal certainty, making it difficult for individuals to ascertain the exact scope of the rights they have been guaranteed. In fact, international human rights law has also evolved specific notions of what reservations are permissible, who may decide on their permissibility, and what consequences flow from reservations.
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De Brabandere, Eric. "The (Ir)relevance of Transnational Public Policy in Investment Treaty Arbitration – A Reply to Jean-Michel Marcoux." Journal of World Investment & Trade 21, no. 6 (December 15, 2020): 847–66. http://dx.doi.org/10.1163/22119000-12340196.
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Abstract In his article ‘Transnational Public Policy as a Vehicle to Impose Human Rights Obligations in International Investment Arbitration’, Jean-Michel Marcoux investigates whether international investment tribunals can rely on transnational public policy to impose human rights obligations on investors. While I generally side with the idea that international human rights as such are highly relevant in (some) international investment arbitrations, I argue in this article that transnational or truly international public policy as a concept is largely, and as a matter of principle, irrelevant in investment treaty arbitration. Secondly, even if one were to accept that transnational public policy has a role to play, I question the usefulness of framing various human rights issues as questions of ‘transnational public policy’.
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Hristozova, Mariya. "CHILDREN'S RIGHT TO HEALTH IN THE ACTS OF THE UNITED NATIONS ORGANIZATION." Knowledge International Journal 28, no. 6 (December 10, 2018): 2051–55. http://dx.doi.org/10.35120/kij28062051m.
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One of the most vulnerable people in every society is children who, due to their physical, emotional, psychological and social immaturity, can not protect their fundamental rights and freedoms themselves and need increased support from the international community and national authorities. In view of these objective circumstances, in the system of the United Nations has adopted a number of legal acts which lay down minimum international standards for the protection of children's righThe most important and comprehensive international treaty for the protection of children 's rights is the 1989 United Nations Convention on the Rights of the Child. This Act proclaims a number of civil, economic, social and cultural rights for children who should be protected in all legal systems, such as: the right to education, the right to social security, the right to a standard of living appropriate to the physical, mental, social development of the child and other rights.Article 24 of the UN Convention also sets out the right of every child to enjoy "the highest attainable standard of health and health services to treat illness and restore his health." The right of children to health includes in its content, separate, autonomous rights and freedoms, such as the right to access quality medical care and remedies for illness and health rehabilitation, the right to control one's own health and body and others.In fulfillment of their obligations under the UN Convention on the Rights of the Child, States have an obligation to take comprehensive measures to ensure the fundamental human rights enshrined in the international treaty, including children's health, such as legislative, administrative, economic and other measures.However, the adoption of an appropriate legal framework is not sufficient to ensure effective protection of children's health. That right falls under the category of social rights, the full exercise of which requires active cooperation from the States. Today in a number of reports by international organizations is stated that many countries do not have sufficient financial resources to ensure the practical implementation of their obligations under international treaties, which creates a real risk to the children's right to health and for all their fundamental rights. In view of these disturbing data, further steps need to be taken to strengthen and guarantee all children's fundamental rights, especially their right to health, both at international and national level.
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Takahashi, Saul. "Recourse to Human Rights Treaty Bodies for Monitoring of the Refugee Convention." Netherlands Quarterly of Human Rights 20, no. 1 (March 2002): 53–74. http://dx.doi.org/10.1177/016934410202000104.
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Nearly all human rights conventions adopt the treaty body model to monitor states parties' implementation of their treaty obligations. This monitoring mechanism provides for a quasi judicial committee, far detached from sites of many of the human rights violations it reviews. On the other hand, there is no such treaty body for the 1951 Convention relating to the Status of Refugees. Rather, there is the UNHCR; a large operational agency with offices all over the world, including in sites of refugee emergencies. Effective monitoring of human rights conventions would seem to require a number of factors, including independence and transparency. Legitimate monitoring would have to be strong, and would have to be seen to be strong. Criticism raised in recent years of UNHCR's monitoring methods are largely based on frustration with these points. This paper will examine these issues, and also examine whether recourse to the treaty bodies really provides an adequate remedy for refugee rights. The argument of this paper is that while the UNHCR's monitoring of the Refugee Convention is problematic in many respects, the monitoring of refugee issues by the treaty bodies is in many ways incomplete and inconsistent, and that the treaty body model does not provide refugee advocates with a comprehensive solution.
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Brockman-Hawe, Benjamin E. "I. EUROPEAN COURT OF HUMAN RIGHTS BIJELIC V MONTENEGRO AND SERBIA (APPLICATION NO 19890/05) JUDGMENT OF 11 JUNE 2009." International and Comparative Law Quarterly 59, no. 3 (July 2010): 845–67. http://dx.doi.org/10.1017/s0020589310000333.
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What happens when a European State breaches its international obligations and then ceases to exist? Does its obligation to repair the harm caused by the breach devolve to a new state that occupies part of the territory of an old state? When will a new European State be held accountable for violations that took place before the entry into force of a human rights treaty? This comment examines the European Court of Human Rights' (hereinafter ‘the Court’ or ‘the ECtHR’) encounter with the law of state succession, specifically succession to treaty obligations and succession to responsibility for the wrongful acts of a predecessor state. In Bijelic v Montenegro and Serbia the Court held that Montenegro was to be automatically regarded as a party to the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter ‘the Convention’), as well as Protocol No 1 thereto, from the date of its declaration of independence from the State Union of Serbia and Montenegro (hereinafter ‘the State Union’), and that Montenegro alone could be held responsible for violations of these instruments occurring in the territory of the State Union that began before March 2004 (the date of ratification of the Convention and Protocol 1 by the State Union) but continuing through 2009. Bijelic is not the first time the Court has been called upon to decide a question of succession to treaty obligations or responsibility, but the judgment is noteworthy for the unique approach the Court adopted to deciding both of these issues. This comment will place the decision in the larger context of Court practice with respect to both of the implicated succession issues, identify the aspects the Trial Chamber's analysis that distinguish it from its predecessors and discuss the decision of the Court in light of general and emerging trends in international law. In the process, this comment will provide a uniquely thorough examination of ECtHR practice with respect to succession to responsibility and identify the trends, to the extent that such trends exist, that characterize the Court's approach to this area of law.
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Inyang, Philippa Osim. "The Necessity for Revisiting Direct Corporate Human Rights Obligations in the Current Business and Human Rights Treaty Process." African Journal of Law, Political Research and Administration 4, no. 2 (December 14, 2021): 71–87. http://dx.doi.org/10.52589/ajlpra-esi4chiq.
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The international community has awoken to the reality that transnational corporations (TNCs) do not only control more resources than a good number of states. They wield enormous influence in the corporate world which greatly impacts on local cultures and initiatives. Many of these TNCs, who operate in developing states, engage in activities which frequently result in human rights abuses. Several states rely on the resources extracted by these large corporations as the main stay of their economies. Consequently, they lack the economic capacity and political will to effectively regulate the activities of the TNCs, leaving these entities to perpetrate human rights abuses in the local communities with impunity. Although the Human Rights Council, through the Inter-governmental working group on Business and Human Rights, has begun a treaty process on business and human rights to address these issues, the work of the IGWG, so far, has not adequately responded the root cause of the corporate impunity, which is their unwillingness and inability to hold corporate entities accountable for their harmful activities. Thus, this paper proposes that the issue of direct human rights obligations on corporate entities should be revisited in order to ensure that corporate entities do not escape accountability for human rights harm resulting from their activities.
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Ngwena, Charles G. "Taking Women's Rights Seriously: Using Human Rights to Require State Implementation of Domestic Abortion Laws in African Countries with Reference to Uganda." Journal of African Law 60, no. 1 (November 16, 2015): 110–40. http://dx.doi.org/10.1017/s002185531500025x.
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AbstractThis article is constructed around the premise that women's rights to safe abortion give rise to obligations that the state has a positive duty to implement. Using Uganda as a case study, it frames failure by a state to implement its abortion laws in ways that render the rights tangible and accessible to women as a violation of human rights. The article develops a normative human rights framework for imposing on a state the obligation to take positive steps to implement abortion laws that the state, itself, has adopted. The framework does not depend on requiring the state first to reform its substantive laws or broaden the grounds for abortion. Rather, it focuses on the implementation of existing domestic laws. The article draws its remedial juridical responses partly from conceptions of women-centred rights to procedural justice, equality and health, and partly from jurisprudence developed in recent years by United Nations treaty-monitoring bodies and the European Court of Human Rights.
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ATAK, IDIL, and LORIELLE GIFFIN. "Canada’s Treatment of Non-Citizens through the Lens of the United Nations Individual Complaints Mechanisms." Canadian Yearbook of international Law/Annuaire canadien de droit international 56 (October 2019): 292–327. http://dx.doi.org/10.1017/cyl.2019.13.
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AbstractThe United Nations (UN) human rights treaty bodies play an important role in defining the scope and the nature of non-citizens’ rights. This article offers a critical overview of the UN human rights case law from 2008 to 2018 pertaining to non-citizens — notably undocumented migrants, refused asylum seekers, and permanent residents ordered deported — in Canada. It examines the jurisprudence of the three UN human rights treaty bodies recognized by Canada as having competence to receive and consider individual complaints — namely, the UN Human Rights Committee, the Committee against Torture, and the Committee on the Elimination of Discrimination against Women. The purpose of this examination is two-fold. First, it intends to foster a better understanding of the cases lodged by non-citizens before the UN human rights treaty bodies. The second aim is to explore the substantive issues that the UN committees’ jurisprudence on non-citizens reveals about Canada’s immigration decision-making and enforcement. It is argued that some groups of non-citizens in Canada are at risk of being deported to persecution or hardship in violation of the non-refoulement principle and Canada’s international human rights obligations. The article illuminates several loopholes identified by the UN treaty bodies in Canada’s immigration and refugee protection system that heighten the risk of refoulement.
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Savage-Oyekunle, Oluremi A. "Appraisal of Nigeria’s Obligation on Adolescents’ Access to Sexual and Reproductive Health Care." European Scientific Journal, ESJ 14, no. 6 (February 28, 2018): 466. http://dx.doi.org/10.19044/esj.2018.v14n6p466.
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The positive obligations on states parties to ensure covenant rights will only be fully discharged if individuals are protected by the state, not just against violations of covenant rights by its agents, but also against acts committed by private persons or entities that would impair the enjoyment of covenant rights…. (Paragraph 8 General Comment 31 Human Rights Committee) This article explores the responsibility of the Nigerian state towards ensuring female adolescents’ access to sexual and reproductive health (SRH) care information and services especially contraceptive information and services. It thereafter, considers the stance of the treaty monitoring bodies to state parties’ obligations on the right to access SRH care information and services. The article concludes by declaring the need for judicial activism and stricter monitoring of the government’s activities in other to ensure that adolescents enjoy actual access to SRH care information and services.
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BAXI, Upendra. "Nevsun: A Ray of Hope in a Darkening Landscape?" Business and Human Rights Journal 5, no. 2 (July 2020): 241–51. http://dx.doi.org/10.1017/bhj.2020.17.
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AbstractThis article explores some aspects of the Canadian Supreme Court’s decision on Nevsun Resources v Araya in the light of its exposition on the act of state doctrine and application of core human rights as an integral aspect of international customary law and common law. It examines the Nevsun decision in the context of recent statutory developments in France and the Netherlands, the promised law reform in the European Union, and the proposed business and human rights treaty. I argue that it is high time to abandon the doctrinal fossil that human rights obligations do not apply to corporate governance and operations. It is hoped that COVID-19 contexts, and a post-pandemic world, will expeditiously result in the willing adoption of a treaty on business and human rights.
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Meili, Stephen. "US refugee resettlement policy and international human rights treaty obligations: a mixed record." International Journal of Migration and Border Studies 2, no. 1 (2016): 1. http://dx.doi.org/10.1504/ijmbs.2016.074638.
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Maine, Deborah, and Alicia Ely Yamin. "Maternal Mortality as a Human Rights Issue: Measuring Compliance with International Treaty Obligations." Human Rights Quarterly 21, no. 3 (1999): 563–607. http://dx.doi.org/10.1353/hrq.1999.0046.
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Dennis, Michael J. "Non-Application of Civil and Political Rights Treaties Extraterritorially During Times of International Armed Conflict." Israel Law Review 40, no. 2 (2007): 453–502. http://dx.doi.org/10.1017/s0021223700013406.
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Do the protections provided by the core international human rights treaties apply extraterritorially, outside the government-governed relationship, during periods of armed conflict and military occupation? The traditional view has been that human rights are essentially applicable in peacetime while humanitarian law (i.e. the law of war) governs situations of armed conflict and military occupation. More recently, a conflicting school of thought, reflected in decisions of the ICJ and the UN treaty bodies, has concluded that the law of war no longer automatically excludes the law of peace. But, while these views are entitled to respect, the international human rights instruments (unlike the regional human rights instruments) do not grant the treaty bodies or any other entity the authority to issue legally binding views on the nature of state obligations under the treaties. Applying the standard rules for treaty interpretation leads to the conclusion that the international human rights treaties apply in the context of armed conflict only with respect to acts of a state's armed forces executed within its own territory.
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Kludze, A. Kodzo Paaku. "Constitutional Rights and their Relationship with International Human Rights in Ghana." Israel Law Review 41, no. 3 (2008): 677–702. http://dx.doi.org/10.1017/s0021223700000406.
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Particularly in developing nations, the movement has been toward the articulation of elaborate provisions in constitutions which guarantee the basic human and peoples' rights of the citizenry. In many cases these are reflections of the immediate past history of the young nations which were strewn with ugly spectacles of dictatorships on their path to democracy. The history of Ghana is unfortunately an illustrative example. The Ghana Independence Constitution of 1957—a very brief document—was brief to a fault and bereft of any provision for human rights. It is clear that the experience of years of abuse of human, political, and civil rights in Ghana explains many of the current constitutional guarantees of basic rights spelt out in the 1992 Constitution in order to protect citizens against future abuses.In the past, treaty obligations under municipal laws of Ghana were such that even ratification of human rights treaties did not directly confer enforceable legal rights in the domestic courts of Ghana and implementing legislation was necessary to make a treaty right justiciable. In the 1992 Constitution of Ghana, the provisions of the Universal Declaration of Human Rights and of the African Charter on Human and Peoples' Rights, as well as others, are entrenched as constitutional provisions, are to be interpreted as such, and enforceable under the laws of Ghana. To the extent that drafters of the Ghana Constitution relied on the principles of the international human rights law enshrined in treaties and declarations, there are many similarities between the domestic law and some principles of international human rights law.
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Lis, Edyta. "Corruption and Human Rights in the Case Law of Inter-American Human Rights Treaty Bodies." Review of European and Comparative Law 51, no. 4 (December 15, 2022): 149–80. http://dx.doi.org/10.31743/recl.14465.
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The first attempts to combat corruption date back to ancient times and had mainly moral connotation. Despite being an old phenomena, nowadays it takes new shapes and becomes a more common feature of social life, especially in the Latin America region. Corruption is a complex, and multidimensional phenomenon that negatively impacts human rights on many levels. Therefore, serious effort have long been made at global, regional and state levels to combat corruption. The United Nations and regional organizations have adopted numerous non-binding and binding documents with a view to stifling this phenomenon but none of them refer to the issue of impact of corruption on human rights. But it should be stressed that it is very hard to establish a link between corruption and human rights violations. Some efforts has been made by the Inter-American Court of Human Rights (IACHR) and the Inter-American Commission on Human Rights (IAComHR). This article considers whether and how the IACHR and the IAComHR establish the link between corruption and violation of human rights in the inter-American system. It also determines which groups of people are, according the IACHR and the IAComHR, particularly affected by corruption, what measures should be taken to protect those exposed to acts of corruption, what obligations are incumbent on States with a view to preventing, combating and eradicating corruption.
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Ibrahim, Aliyu. "Raising the Bar: The Role of the Reporting Procedure of the United Nations Human Rights Committee in the Protection of Human Rights in Africa." Groningen Journal of International Law 9, no. 2 (May 18, 2022): 281–306. http://dx.doi.org/10.21827/grojil.9.2.281-306.
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The United Nations Human Rights Committee (HRC) is saddled with the responsibility of supervising the implementation of the provisions of the ICCPR by its state parties. However, it is only the reporting procedure that mandates each state party to submit a report to the HRC periodically, outlining the steps it has taken to fulfil its obligations to the treaty. Over the years, it was observed that states tend to embellish these reports before submitting them to the HRC because it had no means of checking the veracity of the contents of the reports. Consequently, the HRC has continued to introduce novel ways of checking the accuracy of the state parties’ reports, which includes the Committee partnering with National Human Rights Institutions (NHRIs) and Non-Governmental Organisations (NGOs) within the territories of state parties. This is to monitor the implementation of the provisions of the ICCPR and submit alternative reports to the HRC for it to have a more objective perspective on the level of the state compliance. To examine the effectiveness of the reporting procedure among African state parties, two states (Morocco and Rwanda) have been selected with the aim of gauging the effect of the reporting procedure in influencing state parties to fulfil their obligations to the treaty. In the course of the study, the jurisprudence of the HRC and domestic legislation of states were analysed and it is observed that for the HRC to be more effective it needs more visibility, especially within the African Continent.
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Askin, Elif. "The Human Rights Responsibilities of Corporations in Global Supply Chains." Zeitschrift für europarechtliche Studien 25, no. 2 (2022): 319–34. http://dx.doi.org/10.5771/1435-439x-2022-2-319.
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In a globalised economy, transnational corporations from all sectors are directly or indirectly linked to global supply chains, in particular through transnational business activities and foreign investments. That this represents a potential threat to individuals and the environment has been revealed by persistent human rights abuses and damage to the environment. In practice, human rights abuses by transnational corporations often take place in countries of the Global South and affect the most vulnerable people, such as women workers, child labourers and residents of poor and rural areas. Nevertheless, the existing international human rights system does not impose direct human rights obligations on private actors, including transnational corporations. The responsibilities of transnational corporations for human rights in global supply chains are mainly based on a patchwork of soft regulations. In recent years, however, new initiatives have emerged at the national and international level, such as the the development of an internationally legally binding treaty to regulate business activities with respect to human rights or domestic legislation for corporate due diligence obligations. Most of these initiatives emphasise the role of the State in incorporating a “mediated” approach to the human rights responsibility of transnational corporations. This article explores recent developments connected to the human rights responsibilities of corporations and discusses their feasibility under international human rights law.
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Cismas, Ioana. "Committee on the Rights of the Child Concluding Observations on The Second Periodic Report of the Holy See." International Legal Materials 53, no. 3 (June 2014): 580–96. http://dx.doi.org/10.5305/intelegamate.53.3.0580.
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In May 2014, the Committee on the Rights of the Child, an expert body tasked with monitoring the implementation of the Convention on the Rights of the Child (CRC) by its state parties, issued its concluding observations on the second periodic report of the Holy See. The observations mark a definitive turning point in the approach of the treaty body concerning the nature of obligations which the Holy See incurs under the Convention; shed light on the concrete modalities which the Holy See could embrace to perform these obligations; and tie into the broader discussion on the extraterritorial reach of human rights treaties, in casu, the CRC.
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Greene, Alan. "Separating Normalcy from Emergency: The Jurisprudence of Article 15 of the European Convention on Human Rights." German Law Journal 12, no. 10 (October 1, 2011): 1764–85. http://dx.doi.org/10.1017/s2071832200017557.
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The European Convention of Human Rights (ECHR) is as much a political as it is a legal document. The European Court of Human Rights (ECtHR) constantly walks the delicate tight rope between vindicating human rights and respecting the sovereignty of contracting states. This balancing act is particularly sensitive when a situation of “exceptional and imminent danger” exists. In such instances of national security the state may need to act in a manner beyond the parameters of normalcy in order to neutralize the threat and protect both itself and its citizens. Article 15 of the ECHR therefore allows states to derogate from its obligations under the convention when a state of emergency is declared. On foot of a notice of derogation, a state has more discretion and flexibility to act accordingly to respond to a threat without being constrained by its obligations under the treaty. However, it is also in these conditions that human rights are at their most vulnerable as the state's response may encroach severely on individuals' rights and the liberal-democratic order of the state.
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Hamid, Abdul Ghafur. "THE ROHINGYA GENOCIDE CASE (THE GAMBIA V MYANMAR): BREACH OF OBLIGATIONS ERGA OMNES PARTES AND THE ISSUE OF STANDING." IIUM Law Journal 29, no. 1 (June 30, 2021): 29–54. http://dx.doi.org/10.31436/iiumlj.v29i1.630.
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On 23rd January 2020, the International Court of Justice indicated provisional measures to protect the Rohingya from the alleged genocidal acts committed in Myanmar. Rejecting the argument made by Myanmar, the World Court decided that The Gambia has standing before the court although it was not directly injured by the alleged wrongful act. The court applied the concept of “obligations erga omnes partes” in the context of its ruling on standing. The court, however, did not elaborate more on the concept and did not touch on its details. Since this case had attracted so much international attention, the concept has become a trending topic for legal discourse. This article, therefore, is an attempt to resolve the issues of whether the concept of obligations erga omnes partes has been established as a rule of customary international law and whether such an obligation may arise from any type of multilateral treaty and any provision in a multilateral treaty. To this end, the article analyses the jurisprudence of the International Court of Justice (ICJ), the case law of international human rights courts and the work and the valuable commentary of the International Law Commission on Article 48 of the Articles on the Responsibility of States for Internationally wrongful Act 2001. The article concludes that the concept of obligations erga omnes partes has been established as a rule of customary international law, that it may arise from any type of multilateral treaty and that it is applicable only in relation to the provision of a treaty that is essential to the accomplishment of object and purpose of the treaty.
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Thom, Brian. "Reframing Indigenous Territories: Private Property, Human Rights and Overlapping Claims." American Indian Culture and Research Journal 38, no. 4 (January 1, 2014): 3–28. http://dx.doi.org/10.17953/aicr.38.4.6372163053512w6x.
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This paper considers the implications of the powerful "overlapping territories" map produced by the government of Canada in its attempt to refute human rights violations charges brought by Hul'qumi'num Treaty Group at the Inter-American Commission on Human Rights. The map is at the core of Canada's defense in that it suggests that overlapping indigenous territories negate claims of exclusivity over the land and therefore any kind of obligations the state may have in respect of human or other indigenous rights in those lands. Revealing the limits of cartographic abstractions of indigenous spatialities, as well as the perilous stakes for indigenous peoples when engaging in conventional discourses of territoriality, these issues have broad significance.
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Huneeus, Alexandra, and René Urueña. "Treaty Exit and Latin America's Constitutional Courts." AJIL Unbound 111 (2017): 456–60. http://dx.doi.org/10.1017/aju.2017.101.
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Constitutional courts in Latin America have used judicial review to enhance the relevance of international law in recent years. Some scholars even speak of a growing “constitutionalization of international law” in the region. But these domestic courts can also act as gatekeepers that blunt or entirely deflect the domestic impact of international law. This essay explores three recent episodes in which constitutional courts joined or led efforts to escape treaty obligations: the Venezuelan Supreme Court's judgment urging the Chávez Administration to denounce the American Convention of Human Rights on constitutional grounds, which Chavez then did in 2012 (a court-inspired treaty exit); the Colombian executive's 2013 petition to have Colombia's acceptance of the International Court of Justice's (ICJ's) jurisdiction under the Pact of Bogotá declared unconstitutional (a court-legitimated treaty exit); and the Dominican Republic (DR) Constitutional Tribunal's 2014 judgment holding that the DR's acceptance of the jurisdiction of the Inter-American Court of Human Rights (IACtHR) had been unconstitutional (a court-led treaty exit).
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Mallory, Conall. "I. EUROPEAN COURT OF HUMAN RIGHTS AL-SKEINI AND OTHERS V UNITED KINGDOM (APPLICATION NO 55721/07) JUDGMENT OF 7 JULY 2011." International and Comparative Law Quarterly 61, no. 1 (January 2012): 301–12. http://dx.doi.org/10.1017/s002058931100073x.
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The long anticipated judgment of the Grand Chamber of the European Court of Human Rights in the case of Al-Skeini and Others v United Kingdom1 provided a conclusion to years of academic debate regarding the application of the European Convention on Human Rights to United Kingdom military operations in Iraq.2 In question was the extent to which, if any, United Kingdom forces owed Convention obligations to Iraqi citizens when conducting security operations. For the Grand Chamber the case provided an opportunity to re-address the jurisdiction of the treaty under article 1.