Showing papers on "International human rights law published in 1981"

Human Rights and the South African Legal Order

Abstract: As an Advocate of the Supreme Court, John Dugard observes the South African legal order daily in operation. In this book he provides a thorough description and probing analysis of the workings of the system. He places South Africa's legal order in a comparative context, examining the climate of legal opinion, crucial judicial decisions, and their significance in relation to contemporary thought and practice in England, America, and elsewhere. He also considers South Africa's laws in the light of its history, politics, and culture. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The O.A.U. and Human Rights: Towards a New Definition

Abstract: A fundamental dilemma has long lain at the heart of the Organisation of African Unity. Two contradictory principles have helped it maintain solidarity: the first recognises that domestic jurisdiction rests at the foundation of sovereign equality, while the second stresses that national policies such as apartheid have international consequences. These principles clash directly in the broad area of human rights.

Regulation, Property Rights, and Definition of “The Market”: Law and the American Economy

Abstract: This article identifies four problems in the recent interdisciplinary studies of property rights, law, and economic development in the nineteenth-century United States. First, recent studies stress too exclusively the positive functions of law in either the “release of entrepreneurial energy” or the exploitative allocation of advantages (by courts and legislatures) to the business interests leading industrialization. Second, the dichotomy between alleged “instrumentalism” as the prevailing judicial style before 1860 and “formalism” after 1865 has been exaggerated. Third, generalizations have been based too much on the eastern states and Wisconsin. Fourth, there has been a failure to identify accurately the winners and losers in the struggle over regulation and the definition of property rights. Thus, although rediscovery of the importance of institutions by economists and the renaissance of legal history among historians and legal scholars constitute welcome (converging) developments in recent scholarship, much more research is needed on these main themes in the literature.

The Philosophy of human rights : international perspectives

Abstract: What do you do to start reading philosophy of human rights international perspectives? Searching the book that you love to read first or find an interesting book that will make you want to read? Everybody has difference with their reason of reading a book. Actuary, reading habit must be from earlier. Many people may be love to read, but not a book. It's not fault. Someone will be bored to open the thick book with small words to read. In more, this is the real condition. So do happen probably with this philosophy of human rights international perspectives.

Amnesty International, the human rights story

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The Optional Protocol to the International Covenant on Civil and Political Rights

Abstract: Considering that in order further to achieve the purposes of the International Covenant on Civil and Political Rights (hereinafter referred to as the Covenant) and the implemenation of its provisions it would be appropriate to enable the Human Rights Committee set up in part IV of the Covenant (hereinafter referred to as the Committee) to receive and consider, as provided in the present Protocol, communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant.

Recent trends in UN human rights activity: description and polemic

Abstract: How have UN human rights goals and priorities evolved in the 1970s? The moderate compromise represented by the International Bill of Rights, as completed by the Covenants in 1966, has been undone in the seventies. A point-by-point examination of the major principles enunciated in General Assembly resolution 32/130 of 16 December 1977, which codified the trends of the decade and stands as the authoritative statement of the UN's strategic goals and priorities in the field of human rights, shows that the earlier moderation has been replaced by a one-sided, politicized, and often cynical approach. This development in UN doctrine merits polemical criticism.

Human rights and foreign policy

Abstract: THERE has probably never been a time when there was so much concern about human rights questions as there is today. Because the world is so much smaller, we are all now more conscious of the human rights violations that occur in other parts of the world and more determined to do something about them. There is a widespread sentiment that this concern should not simply be voiced by ordinary citizens, or by non-governmental organisations such as the United Nations Association (UNA) and Amnesty International, but should be expressed in the foreign policy of governments. Foreign policies, in other words, should not just be concerned with the promotion of narrow, national self-interest but with remedying the injustices suffered by many in other countries living under tyrannical and inhumane governments. If government policies reflect the deep concern of their citizens on this issue, the means available to governments, and to governments alone, can be brought into play and so help influence the policies being pursued by other states towards their own populations, and to end, or at least reduce, the grievous violations of rights which many continue to suffer. During the last two or three years there have been more active efforts by governments in a number of Western countries to implement such policies. The Carter administration in the United States and the former Labour Government in Britain each sought to pursue active policies in this field. Some smaller countries, such as Sweden and the Netherlands, have made similar attempts. The policies of these governments were designed not only to make general statements about the importance of respect for human rights, but to take actions related to individual countries to induce them to change their policies. Where these have failed, adjustments have been made-withdrawal of ambassadors, or the cutting off of aid-as an indication of the importance attached to these matters. Both the Carter administration and the former British Labour Government have been criticised for their efforts in this field. These criticisms have been made mainly on two diametrically opposed grounds. They were attacked by some for failing to pursue the policies with sufficient vigour and outspokenness, especially where to do so would threaten other foreign policy

Group Rights and Individual Rights in Japan

Abstract: IN JAPAN, as in other functioning democracies, law and society combine to promote, protect, and restrict individual rights. With the striking degree of group orientation in Japan, many strengths and weaknesses in the status of individual rights are manifested in contexts defined by a group's sense of its own rights as a collectivity. Since cross-cultural communication on human rights issues is at best difficult, and since later descriptions of problems involve interpretive comment and value judgment on law and social patterns in Japan, it seems important to state at the outset my underlying assumptions. In this article, which stresses society more than law, the first assumption concerns human rights theory. Diversity among nations in cultural preferences and in social, economic, and political conditions must be taken into account for fair assessment of rights under law in any given country; but at the same time a transcultural natural law jurisprudence grounded in explicit or implicit recognition of each person's intrinsic dignity is an essental element in an intersubjectively persuasive and interculturally reasonable human rights theory.1 As here

The Domestic Application of the European Human Rights Convention as European Community Law

Abstract: THE DEVELOPING "jurisprudence" of the Court of Justice of the European Communities relating to "general principles of European Community Law" and its increasing reference to the European Convention on Human Rights and other sources of fundamental rights as forming an integral part of that law suggests that the European Convention may have been accommodated into the corpus of European Community law.' This "communitisation" of the European Convention may well endow its substantive provisions with special Community law features in relation to national law, thus radically altering the Convention's status in the domestic law of the nine member States.2 In the words of the former President of the Court of Justice of the European Communities (the Luxembourg Court): Just as Community law has become effectively established thanks to national courts, so the [European] Convention [on Human Rights] can become part of national legislation by means of the combined compulsory force of the decisions of the Court of Justice and national judgments. By interpreting Community law in the light of the Convention, the Court of Justice would place the efficacy of its decisions at the latter's disposal. Direct effect, uniformity, the primacy of community law could also help the rights safeguarded by the Convention to penetrate both into the Community and each of the member States. 3

The Concept of Human Rights in Islamic Jurisprudence

Abstract: There is a general resurgence of Islam today in the Muslim nations of the world. They want to make a new start in their socio-political spheres, on the basis of doctrines enunciated by their holy book, the Quran. Thus, there is a real need for inquiry into the sources which will enable the citizens of the Islamic countries to compel their rulers to adhere to basic human rights. It is unfortunate that one legacy of the colonial rule in the various Muslim countries is total political and economic chaos, which the new leaders of these countries have to cope with. Most of the time, these leaders are tempted to ignore human rights on the pretext of bringing stability to a nation. It is at this juncture that the developed nations of the world, which are committed to the cause of human liberties and basic human rights, have to exert their influence. It is sad that the Western democracies, which see to it that their own citizens enjoy human rights even under the most disturbed political conditions, do nothing about the rulers of the underdeveloped or developing countries who mercilessly deprive their citizens of basic human rights. Sometimes this nonintervention is the result of global power politics and sometimes merely hypocritical expediency on the part of Western democracies. The consequence is that although the barriers of time and space are shrinking and the people of the world are becoming one human race, the majority of the human beings are suffering under the oppression of tyrannical despotism of unenlightened rulers of their respective countries. Every age has had its own ills from which people have suffered, but rarely have people gone through such spiritual perplexity and agony of soul that they are experiencing today. Humans are fully aware of the fact that the total destruction of their race will be the ultimate fate if they fail