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Journal articles on the topic 'International law – Human rights'

Author: Grafiati

Published: 10 March 2023

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1

Nambiar, Dr Bindu M. "International Human Rights Law and Right to Health Care." International Journal of Scientific Research 2, no. 11 (June 1, 2012): 268–69. http://dx.doi.org/10.15373/22778179/nov2013/85.

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2

Balafouta, Virginia. "Strengthening “International law of transboundary rivers” international human rights law, international criminal law and international humanitarian law. The dynamics of the right to water." American Yearbook of International Law 1, no. 1 (January 15, 2023): 2–28. http://dx.doi.org/10.12681/ayil.33037.

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In the current paper, taking into account the transboundary rivers’ special importance and value, it is proposed that “International Law of Transboundary Rivers” should be established as an autonomous legal branch of International Law. Firstly, a legal framework for International Law of Transboundary Rivers is proposed, and then suggestions are made for its strengthening. It is argued that the governance of transboundary rivers is closely linked and promotes the maintenance of international peace and security, and all the other primary purposes of International Law. Moreover, the connection of International Law of Transboundary Rivers with International Human Rights Law, International Criminal Law and International Humanitarian Law is suggested. In addition, the proposed framework is linked to the Resolution A/RES/64/292 (2010) “The human right to water and sanitation”. The human right to water and sanitation, and its crucial importance are analyzed. In the context of the paper, the connection of the right to water and sanitation with several rights already enshrined: i) in the European Convention on Human Rights, ii) in the American Convention on Human Rights, and iii) in the African Charter of Human and Peoples’ Rights is attempted. This suggestion is made in order to be possible for individuals and for states to legally invoke and judicially assert this right. By the combined invocation of the right to water and sanitation with these rights, it could become possible to utilize the relevant regional human rights instruments and mechanisms, for the legal assertion of the right to water and sanitation, and for the fair and equitable use of transboundary rivers and their resources.

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3

Nickel, James W. "International Human Rights; International Human Rights Law: Cases, Materials, Commentary." Nordic Journal of Human Rights 34, no. 1 (January 2, 2016): 67–68. http://dx.doi.org/10.1080/18918131.2016.1154272.

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4

Hesselman, Marlies. "International Human Rights Law (2019)." Yearbook of International Disaster Law Online 2, no. 1 (February 19, 2021): 463–73. http://dx.doi.org/10.1163/26662531_00201_026.

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5

Hesselman, Marlies. "International Human Rights Law (2020)." Yearbook of International Disaster Law Online 3, no. 1 (February 21, 2022): 536–53. http://dx.doi.org/10.1163/26662531_00301_028.

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6

Bayefsky, Anne F. "Enforcing international human rights law." Canadian Foreign Policy Journal 6, no. 1 (January 1998): 117–26. http://dx.doi.org/10.1080/11926422.1998.9673169.

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7

Nasimi Chingizzadeh, Chingiz. "HUMAN RIGHTS RELEVANT TO TRADEMARKS." ANCIENT LAND 03, no. 04 (June 30, 2021): 19–21. http://dx.doi.org/10.36719/2706-6185/03/19-21.

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Human rights and trademark laws do not go well together. This is partly the result of an educational tradition and the division of legal research into private and commercial law on the one hand and public law, international law and human rights law on the other. This division is also reinforced by the historical judiciary in many countries. However, human rights concerns are becoming more and more relevant in trademark law. Keywords: Intellectual property, trademark, human rights, freedom of expression, privacy, property

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8

Capella Giannattasio, Arthur Roberto. "International Human Rights." Archiv für Rechts- und Sozialphilosophie 100, no. 4 (2014): 514–26. http://dx.doi.org/10.25162/arsp-2014-0037.

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9

Doswald-Beck, Louise, and Sylvain Vité. "International Humanitarian Law and Human Rights Law." International Review of the Red Cross 33, no. 293 (April 1993): 94–119. http://dx.doi.org/10.1017/s0020860400071539.

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International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with the increasing use of human rights law in international affairs, means that both these areas of law now have a much greater international profile and are regularly being used together in the work of both international and non-governmental organizations.

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10

Spagnoli, Filip. "The Globalization of Human Rights Law: Why Do Human Rights Need International Law?" Texas Wesleyan Law Review 14, no. 2 (March 2008): 317–36. http://dx.doi.org/10.37419/twlr.v14.i2.8.

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This Essay examines the globalization of human rights law, a rather recent legal development which has occurred in two parallel ways: human rights have become part of most national constitutions and have been enshrined in widely accepted international treaties. The central question of this Essay is the utility of international law in the field of human rights protection. The conclusion is that ideally human rights protection should be a national matter, but in an imperfect world, with failing national protection, international human rights protection is a necessary alternative. This Essay examines how, in an imperfect world, international law can contribute to human rights protection, and also how it hinders this goal. It looks at the problems of immunity, self-determination, and non-intervention; monism versus dualism; ius cogens; international monitoring; and other ways in which international law can have a positive or negative impact on the protection of human rights.

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11

Lewis, Bridget. "Human Rights and Environmental Wrongs: Achieving Environmental Justice through Human Rights Law." International Journal for Crime, Justice and Social Democracy 1, no. 1 (November 5, 2012): 65–73. http://dx.doi.org/10.5204/ijcjsd.v1i1.69.

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The numerous interconnections between the environment and human rights are well established internationally. It is understood that environmental issues such as pollution, deforestation or the misuse of resources can impact on individuals’ and communities’ enjoyment of fundamental rights, including the right to health, the right to an adequate standard of living, the right to self-determination and the right to life itself. These are rights which are guaranteed under international human rights law and in relation to which governments bear certain responsibilities. Further, environmental issues can also impact on governments’ capacity to protect and fulfil the rights of their citizens. In this way human rights and environmental protection can be constructed as being mutually supportive. In addition to these links between the environment and human rights, human rights principles arguably offer a framework for identifying and addressing environmental injustice. The justice implications of environmental problems are well documented and there are many examples where pollution, deforestation or other degradation disproportionately impact upon poorer neighbourhoods or areas populated by minority groups. On the international level, environmental injustice exists between developed and developing States, as well as between present and future generations who will inherit the environmental problems we are creating today. This paper investigates the role of human rights principles, laws and mechanisms in addressing these instances of environmental injustice and argues that the framework of human rights norms provides an approach to environmental governance which can help to minimise injustice and promote the interests of those groups which are most adversely affected. Further, it suggests that the human rights enforcement mechanisms which exist at international law could be utilised to lend weight to claims for more equitable environmental policies.

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12

Cassimatis, Anthony E. "International Humanitarian Law, International Human Rights Law, and Fragmentation of International Law." International and Comparative Law Quarterly 56, no. 3 (July 2007): 623–39. http://dx.doi.org/10.1093/iclq/lei185.

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International tribunals and legal scholars have been considering the relationship between International Humanitarian Law (‘IHL’) and International Human Rights Law (‘IHRL’) for a number of years.1 The International Court of Justice famously or infamously (depending on your perspective) considered their relationship in its Nuclear Weapons Advisory Opinion in 1996.2 The Court concluded that while IHRL did apply in times of armed conflict, when it came to the prohibition of arbitrarily taking human life in Article 6 of the International Covenant on Civil and Political Rights 1966, the content of that prohibition had to be found in the lex specialis of IHL.

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13

Supriyadi, Slamet. "International Refugees in The Protection of Human Rights: A Discourse of International Humanitarian Law and Human Rights Law." International Law Discourse in Southeast Asia 1, no. 1 (January 31, 2022): 43–64. http://dx.doi.org/10.15294/ildisea.v1i1.56872.

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Refugees are defined as people who are due to a reasonable fear of persecution, caused by reasons of race, religion, nationality, membership in certain social groups and political parties, are outside their nationality and do not want protection from the country. When refugees leave their home country or residence, they leave their lives, homes, possessions and family. The refugees cannot be protected by their home country because they are forced to leave their country. Therefore, protection and assistance to them is the responsibility of the international community. In countries receiving refugees, they often experience inhumane treatment such as rape, assault, discrimination, repatriated by force, those lead to the violation of human rights. There has been regulation for human rights in refugee issues both internationally and regionally, for instance Convention related to Status of Refugee 1951 and The Protocol related to the Status of Refugee 1967. There are at least five basic rights of refugees, they are the right to be protected from returning to the country of origin forcibly (non refoulement), the right to seek asylum, the right to obtain equality and non-discrimination, the right to live and to be secured, as well as the right to return home.

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14

Dinstein, Yoram. "International Criminal Law." Israel Law Review 20, no. 2-3 (1985): 206–42. http://dx.doi.org/10.1017/s0021223700017635.

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The individual human being is manifestly the object of every legal system on this planet, and consequently also of international law. The ordinary subject of international law is the international corporate entity: first and foremost (though not exclusively) the State. Yet, the corporate entity is not a tangible res that exists in reality, but an abstract notion, moulded through legal manipulation by and within the ambit of a superior legal system. When the veil is pierced, one can see that behind the legal personality of the State (or any other international corporate entity) there are natural persons: flesh-and-blood human beings. In the final analysis, Westlake was indubitably right when he stated: The duties and rights of States are only the duties and rights of the men who compose them.That is to say, in actuality, the international rights and duties of States devolve on human beings, albeit indirectly and collectively. In other words, the individual human being is not merely the object of international law, but indirectly also its subject, notwithstanding the fact that, ostensibly, the subject is the international corporate entity.

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15

Satterthwaite, Margaret. "Women migrants' rights under international human rights law." Feminist Review 77, no. 1 (August 2004): 167–71. http://dx.doi.org/10.1057/palgrave.fr.9400163.

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16

Sieghart, Paul. "The International Law of Human Rights." Verfassung in Recht und Übersee 20, no. 1 (1987): 110–11. http://dx.doi.org/10.5771/0506-7286-1987-1-110.

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17

Claude Lefort and Translated by Jesse Cordes Selbin. "International Law, Human Rights, and Politics." Qui Parle 22, no. 1 (2013): 117. http://dx.doi.org/10.5250/quiparle.22.1.0117.

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18

Hofmann, Claudia. "International Human Rights Law in Africa." Archiv des Völkerrechts 51, no. 2 (2013): 276. http://dx.doi.org/10.1628/000389213x13692284605314.

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19

Hassan, Dr Abida, Muhammad Irshad Ijaz, and Sadia Saeed Rao. "Racism and International Human Rights Law." Journal of Law & Social Studies 4, no. 2 (June 30, 2022): 306–15. http://dx.doi.org/10.52279/jlss.04.02.306315.

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Racism is as old as human history. It gives rise to different shapes such as race, caste, color, creed, nationality and origin. Ancient philosophers, namely, Aristotle, Rousseau, Hobbes and Locke have been against racism and supported humanity. Discrimination against humanity is a dark chapter for human rights. Art 1(3) of UN declaration presents to accomplish global collaboration by promoting and encouraging reverence for all human freedoms and rights devoid of difference as to race, sex, language or religion. Art 2 of UDHR speaks that “every person is entitled for all the rights and liberties mentioned in this declaration, without any sorts of distinction.’ 20th Century witnessed the abolition of slavery and trafficking of men in all forms. All the constitutions of the world have provisions of fundamental human rights without any discrimination and distinction, more than that, the Holy Quran and the Sunnah of the Prophet Muhammad (PBUH) as well as his Last Sermon are the sources of fundamental rights, equality of all races with reference to ancient and modern laws of the world.

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20

McInerney-Lankford, Siobhán. "Rewarding in International Human Rights Law?" AJIL Unbound 115 (2021): 232–36. http://dx.doi.org/10.1017/aju.2021.29.

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Compliance in international law remains a challenge and the search to understand whether and why states comply with international human rights law endures as well. This essay endorses van Aaken and Simsek's contention that rewarding is an important yet underexplored mechanism for ensuring compliance with international law, but suggests that certain features of international human rights law may make rewarding less apposite in the human rights sphere for three interrelated reasons. First, compliance with international human rights law depends on domestic as well as international action, potentially rendering rewarding between states less relevant. Second, the unique and complex structure of international human rights law obligations and their measurement may make an assessment of the effectiveness of rewarding more difficult, at least for certain categories of rights and obligations. Third, rewarding may be inappropriate in international human rights law given its core normative purpose of protecting human dignity. As such, this essay explores whether rewarding can or should be pursued in international human rights law.

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21

YANG, C. "International Human Rights Law in Africa." Chinese Journal of International Law 12, no. 2 (June 1, 2013): 441–43. http://dx.doi.org/10.1093/chinesejil/jmt022.

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22

Shah, Niaz A. "International Human Rights and Islamic Law." Yearbook of Islamic and Middle Eastern Law Online 12, no. 1 (2005): 605–7. http://dx.doi.org/10.1163/22112987-91000158.

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23

Goldstone, Richard. "Advances in International Human Rights Law." International Law FORUM du droit international 6, no. 3-4 (2004): 136–40. http://dx.doi.org/10.1163/1571804042341875.

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24

Jacobs, Francis G. "International Economic Law and Human Rights." Journal of International Economic Law 19, no. 2 (May 1, 2016): 387–88. http://dx.doi.org/10.1093/jiel/jgw027.

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25

Tahmindjis, Phillip. "Sexuality and International Human Rights Law." Journal of Homosexuality 48, no. 3-4 (March 31, 2005): 9–29. http://dx.doi.org/10.1300/j082v48n03_03.

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26

Tasioulas, J. "Human Rights, Legitimacy, and International Law." American Journal of Jurisprudence 58, no. 1 (May 23, 2013): 1–25. http://dx.doi.org/10.1093/ajj/aut001.

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27

Tomuschat, C. "Human Rights and International Humanitarian Law." European Journal of International Law 21, no. 1 (February 1, 2010): 15–23. http://dx.doi.org/10.1093/ejil/chq003.

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28

Hakeem, Farrukh B. "International Human Rights and Islamic Law." American Journal of Islam and Society 21, no. 4 (October 1, 2004): 102–4. http://dx.doi.org/10.35632/ajis.v21i4.1751.

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Mashood Baderin’s International Human Rights and Islamic Law is a monumentalcontribution to an area that needs more scholarly contributionsfrom intellectuals and scholars of Islamic law. Currently, there is a paucityof perspectives on this issue from the standpoint of the Shari`ah. Besidesenlightening readers to the Shari`ah’s sources, nuances, intricacies, anddynamism, Baderin demolishes the myth of a clash of perspectives betweenthe West and the Shari`ah. The reader comes away more knowledgeableabout the mechanics of Islamic law and is able to glean that Islamic law isfar more progressive, humane, and dynamic than the perception constructedby the neo-Orientalists.This book will be very illuminating for students, administrators, andjudicial personnel not only from the western world, but also for those in theIslamic world. Besides being knowledgeable in Islamic law, scripture, andHadith, Baderin shows a remarkable grasp and understanding of internationalhuman rights law. Each chapter is very comprehensive and informativefrom the secular and religious perspectives. After delineating the discourse,he describes and then defuses the apparent incompatibility between ...

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29

Keith, Kenneth J. "Protecting Human Rights through International Law?" Netherlands International Law Review 62, no. 3 (December 2015): 497–505. http://dx.doi.org/10.1007/s40802-015-0044-8.

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30

Hobe, Stephan. "SPACE LAW AND HUMAN RIGHTS." Scientific works of National Aviation University. Series: Law Journal "Air and Space Law" 1, no. 62 (March 31, 2022): 9–13. http://dx.doi.org/10.18372/2307-9061.62.16475.

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Purpose: international space law, consisting of five international agreements and 7 resolutions of the United Nations General Assembly does not contain directly any provision that would hint to human rights. It cannot however be realistically perceived that there is any field of international law that would not be affected by human rights. Space Law provides an opportunity to be influenced by human rights. Article III of the Outer Space Treaty of 1967 allows the application of other areas of international law, such as human rights, in case of this area not being mentioned by the lex specialis of space law. Research methods: general-scientific and special-legal methods of scientific knowledge, in particular: system-structural and functional methods, method of observation, method of generalization, methods of analysis and synthesis have been applied. Results: in this short paper it will be assessed under which circumstances and with which effect human rights can be applied to the lex lata of international space law. Discussion: should no help be provided to an astronaut in distress? Should not the behaviour of astronauts on board the international space station be directed by the idea of human rights? Shouldn’t in the future any living together of human beings on celestial bodies like Moon or Mars be directed through human rights?

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31

Leary, Virginia A. "The Right to Health in International Human Rights Law." Health and Human Rights 1, no. 1 (1994): 24. http://dx.doi.org/10.2307/4065261.

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32

Bok-Hee Chang. "The Right to Solidarity in International Human Rights Law." Ajou Law Review 11, no. 4 (February 2018): 131–51. http://dx.doi.org/10.21589/ajlaw.2018.11.4.131.

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33

McDonagh, M. "The Right to Information in International Human Rights Law." Human Rights Law Review 13, no. 1 (February 20, 2013): 25–55. http://dx.doi.org/10.1093/hrlr/ngs045.

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34

Раджабов, Махмадьёр, and Makhmader Radzhabov. "HUMAN RIGHTS: INTERNATIONAL LEGAL IDEOLOGY." Advances in Law Studies 4, no. 2 (June 29, 2016): 131–41. http://dx.doi.org/10.12737/18876.

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The article based on the study of the scientific literature and analysis of international legal acts, considers the features of the legal status of international organizations in private — law relations. As part of a public legal nature of international organizations is determined by their private — law status.

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35

Hammer, Leonard. "Selective Conscientious Objection and International Human Rights." Israel Law Review 36, no. 3 (2002): 145–69. http://dx.doi.org/10.1017/s0021223700018008.

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AbstractThe development of an international status for military conscientious objection received a strong backing by pronouncements from bodies like the Human Rights Committee that the capacity for objection can derive from the international human right to freedom of religion or belief of the International Covenant on Civil and Political Rights. Even with such pronouncements, questions remain in regard to the nature, boundaries and scope of this right. Most importantly, does this pronounced right allow for selective military conscientious objection within the international human rights system? This article will focus on the view that the capacity for military conscientious objection in the international human rights system derives from the right to freedom of religion and conscience. The implication of the international human right of freedom of religion or belief is important for its application to selective conscientious objection. However, even if the Human Rights Committee desires to limit the application of military conscientious objection, a selective objector can arguably still make the case for upholding a claim based on the human right and the manner in which it has been interpreted by the Committee and other international bodies. While on the one hand the focus on the human right to freedom of religion or belief can possibly provide the basis for a selective conscientious objector, it removes the possibility for claims that do not involve a religion or belief. The importance however of freedom of religion or behef should force a reviewing body to properly consider and measure the claim of a selective objector, with a view towards considering whether they are confronted with the manifestation of a belief and whether the state is violating such a seminal human right.

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36

Contesse, Jorge. "Human Rights as Transnational Law." AJIL Unbound 116 (2022): 313–17. http://dx.doi.org/10.1017/aju.2022.54.

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In 1916, at the first meeting of the then newly created American Institute of International Law, jurists from different countries adopted a declaration stipulating that “[i]nternational law is at one and the same time both national and international.”1 A century later, Latin American international human rights law clearly reflects that idea. Since the adoption of the American Declaration of the Rights and Duties of Man in 1948, and especially since the 1950s, with the creation of the Inter-American Commission on Human Rights, and later with the adoption of the American Convention on Human Rights in 1969, human rights in Latin America have been, are, and will continue to be an essentially regional phenomenon of international law. By examining the Inter-American Court of Human Rights’ case law, this essay analyzes the way in which Latin America has articulated transnational human rights law, from the establishment of the inter-American system, to the distinctive forms of interaction and influence between international law and constitutional law. Drawing from recent jurisprudence on social rights, this essay shows that the idea of a Latin American common law of human rights—an idea that has become highly influential in the past decade—is an example of the outer limits of the potential integration. As such, the idea presents challenges that must be addressed in order for regional human rights to realize their full potential as transnational norms.

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37

Tobin, John. "International human rights law and mental illness." Irish Journal of Psychological Medicine 24, no. 1 (March 2007): 31–39. http://dx.doi.org/10.1017/s0790966700010144.

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AbstractThe Irish State has been party to a collection of international treaties and declarations that directly affect the care of those who suffer from mental disorders. These documents set up what are considered as minimum core standards that outline the standard of care that should be provided as a basic human right. This article reviews the relevant sections of these documents and reflects as to how they have been applied in Ireland. International conventions, which have the status of a treaty, are monitored and interpreted by various commissions and committees. This article draws on the comments of these bodies as to how a state should provide for those with mental illness. Areas such as the rights of children who are mentally ill and those who are detained by the state are examined in detail. Other areas covered are the right to the highest attainable level of mental health care, the right not to be subjected to a clinical trial, equal access to mental health care, and the right to be safeguarded against unjust involuntary detention.

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38

Renteln, Alison Dundes, and R. J. Vincent. "Human Rights and International Relations." American Journal of Comparative Law 36, no. 4 (1988): 798. http://dx.doi.org/10.2307/840284.

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Bhattacharji, Sandip, and R. J. Vincent. "Human Rights and International Relations." Michigan Law Review 86, no. 6 (May 1988): 1480. http://dx.doi.org/10.2307/1289197.

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40

Kirby, Michael. "Human rights—the international dimension." Commonwealth Law Bulletin 21, no. 2 (April 1995): 651–60. http://dx.doi.org/10.1080/03050718.1995.9986417.

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Alsaadi, Saad Abbas Kadhim, Rasyikah Md Khalid, and Wan Siti Adibah Wan Dahalan. "REVISITING THE HUMAN RIGHT TO WATER IN CONTEMPORARY INTERNATIONAL LAW." UUM Journal of Legal Studies 11 (January 31, 2020): 37–49. http://dx.doi.org/10.32890/uumjls.11.1.2020.6860.

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The right to water has passed through many steps until it has received a full legal adoption in the international human rights law and international water law. However, there are many parties which feel that the right to water should not stand on its own as it complicates the present legal framework for international human rights. This paper examined, based on qualitative research approach, several impediments in legislating water as a human right within the purview of relevant international human rights conventions, taking into account the United Nations (UN) Agenda 2030 for Sustainable Development Goals No. 3: Good Health and Well-being and Goal No. 6: Clean Water and Sanitation. The study indicates that human rights notions have been gaining influential rule in international water law, notably human right to water, which has been recognized by the UN General Assembly and the Human Rights Council (HRC). This study however concludes that despite efforts to deny the legal basis of the right to water as one of the soft law, this right remains as a basic human right and should be respected by all countries.

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42

Jankuv, Juraj. "Protection of Right to Environment in International Public Law." International and Comparative Law Review 19, no. 1 (June 1, 2019): 146–71. http://dx.doi.org/10.2478/iclr-2019-0005.

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Summary Substantive human right to environment represents a relatively new element in international human rights catalogues. This human right has gradually become established in international public law since the 1970s. This paper deals with the identification and analysis of the formal sources of two branches (or, according to some opinions, subbranches) of international public law – international environmental law and the international human rights law that enshrine substantive human right to environment as well as with the identification of the relevant international law mechanisms of direct and indirect protection of this right.

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43

Welch, Ryan M. "National Human Rights Institutions: Domestic implementation of international human rights law." Journal of Human Rights 16, no. 1 (October 30, 2015): 96–116. http://dx.doi.org/10.1080/14754835.2015.1103166.

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44

Doran, Kate. "Provisional Release in International Human Rights Law and International Criminal Law." International Criminal Law Review 11, no. 4 (2011): 707–43. http://dx.doi.org/10.1163/157181211x587175.

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AbstractThis article is a review of the jurisprudence on provisional release and an analysis of how such a mechanism operates under the Statute of the International Criminal Court. It examines how pretrial release is dealt with in international human rights law while focusing on the judgments of the European Court of Human Rights. It goes on to evaluate the position of the ad hoc tribunals regarding the issue of pre-trial release and seeks to articulate how and why the ad hoc tribunals have moved away from customary international law. It also seeks to evaluate the actual reach of the presumption of innocence in provisional release cases at the European Court of Human Rights and the International Criminal Tribunal for the Formen Yugoslavia. Finally, the article considers the recent jurisprudence of the ICC regarding interim release.

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45

Thielbörger, Pierre. "The “Essence” of International Human Rights." German Law Journal 20, no. 6 (September 2019): 924–39. http://dx.doi.org/10.1017/glj.2019.69.

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AbstractWhile the “essence” of EU fundamental rights has received much attention following the CJEU’s Schrems decision, the concept of “essence” remains much less examined in international human rights law. Nonetheless, a concept of “essence” for human rights can also be found in international law. This Article discusses different aspects of the “essence” concept in international human rights law, namely non-derogability, non-restrictability, and minimum core, in three steps. First, the Article looks at civil political rights and socioeconomic rights separately and identifies two different approaches to the concept of essence for each of the two categories: While for civil and political rights the concept of essence is mainly linked to the notions of non-derogability and non-restrictability, for socioeconomic rights, the concept refers mainly to the states’ obligation to guarantee an essential level of protection independent of their resource limitations. Second, the Article continues by reading the two approaches together and identifies certain elements of an overarching “essence” concept. Finally, the Article discusses the relationship between the CJEU’s “essence” jurisprudence and the related concepts in international law and concludes with two theses: First, international law deserves more attention when reflecting on the EU’s concept of essence. It equally employs concepts of “essence” and also informs the development and interpretation of EU law. Second, when engaging with the question of whether the EU law should draw lessons from its international counterpart on the notion of “essence,” one must contemplate drawbacks for EU law that the concept has presented for international law.

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Buergenthal, Thomas. "The Evolving International Human Rights System." American Journal of International Law 100, no. 4 (October 2006): 783–807. http://dx.doi.org/10.1017/s0002930000031894.

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Few, if any, branches of international law have undergone such dramatic growth and evolution as international human rights in the one hundred years since the founding of the American Society of International Law. This branch of international law did not really come into its own until after World War II. Before then, what today we would broadly characterize as human rights law consisted of diffuse or unrelated legal principles and institutional arrangements that were in one way or another designed to protect certain categories or groups of human beings. Included in this mix prior to World War I were state responsibility for injuries to aliens, international humanitarian law (as we know it today), the protection of minorities, and humanitarian intervention.

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Casey-Maslen, Stuart. "The use of nuclear weapons and human rights." International Review of the Red Cross 97, no. 899 (September 2015): 663–80. http://dx.doi.org/10.1017/s1816383116000096.

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AbstractInternational human rights law is an as-yet underused branch of international law when assessing the legality of nuclear weapons and advocating for their elimination. It offers a far greater range of implementation mechanisms than does international humanitarian law (IHL), and arguably strengthens the protections afforded to civilians and combatants under IHL, particularly in non-international armed conflict. Of particular relevance are the rights to life, to humane treatment, to health and to a healthy environment, associated with the right to a remedy for violations of any human rights.

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Ibragimov, Zh I., and T. S. Assanova. "International law of refugees - a subset of international human rights law." BULLETIN of L.N. Gumilyov Eurasian National University. Law Series 129, no. 4 (2019): 131–45. http://dx.doi.org/10.32523/2616-6844-2019-129-4-131-145.

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Kretzmer, David, Rotem Giladi, and Yuval Shany. "International Humanitarian Law and International Human Rights Law: Exploring Parallel Application." Israel Law Review 40, no. 2 (2007): 306–9. http://dx.doi.org/10.1017/s0021223700013364.

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Coomaraswamy, Radhika. "Reinventing international law: Women's rights as human rights in the international community†." Commonwealth Law Bulletin 23, no. 3-4 (July 1997): 1249–62. http://dx.doi.org/10.1080/03050718.1997.9986487.

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