Showing papers on "International human rights law published in 1989"

Human Rights and Humanitarian Norms as Customary Law

Abstract: Part 1 Humanitarian instruments as customary law: the importance of a norm's customary character reservations to humanitarian and human rights instruments and customary law - the Nicaragua judgement, the antecedents to Nicaragua, Geneva conventions - assessing practice, "opinio juris" and violations additional protocols of 1977. Part 2 Human rights instruments and customary law: the quest for universality the international court of justice and customary human rights customary human rights in selected national courts. Part 3 Responsibility of states for violations of human rights and humanitarian rights: mapping recourse options imputability, acts of state, private acts exhaustion of local remedies obligations of means and obligations of result obligations "erga omnes" judicial remedies - is damage a condition for state responsibility? violations as international crimes and as international delicts state of necessity and derogations responsibility for violations of international humanitarian law - special problems the relationship between remedies in human rights treaties and other remedies countermeasures and non-judicial remedies.

Rights in Conflict

Abstract: This paper is about conflicts of rights. It asks whether, in our moral thinking, we should regard rights as considerations that are capable of conflicting with one another, and, if they are to be thought of in this way, how such conflicts should be resolved. I do not have any definitive answers to these questions, partly because how we answer them depends on how we conceive of rights. However, I shall argue as follows: first, that if rights are understood along the lines of the Interest Theory proposed by Joseph Raz, then conflicts of rights must be regarded as more or less inevitable; second, that rights on this conception should be thought of, not as correlative to single duties, but as generating a multiplicity of duties; and third, that this multiplicity stands in the way of any tidy or single-minded account of the way in which the resolution of rights conflicts should be approached.

The development of international law by the European Court of Human Rights

Abstract: The Court as an international institution the Court's judgements the Court's conception of the Strasbourg system the Court's methods of interpretation the effectiveness principle human rights and democratic values the margin of appreciation general principles of law the Convention and international law ideology and international human rights law.

Torture: The Role of Ideology in the French-Algerian War

Abstract: Introduction Torture International Human Rights Law Mission Civilisatrice: Ideology, Practice, Implications Methodology Narrative of Projected Chapters Discourse of the French Government Protection of the Individual by State France's System of Justice with respect to Algeria International Legal Norms Government Responses to Accounts of Torture Charles de Gaulle Discourse of the French Military Substantive Content Arrangement of Chapter Discourse of Soldiers Discourse of the Commanders Discourse of the Intellectuals "Intellectuals" in Context Universalism Intellectuals as a Political Factor Wartime Activities of Intellectuals Availability of Public Information on Torture Discourse of Intellectuals Discourse of Intellectuals Who Were Tortured Conclusions Summary and Conclusions The Civilizing Mission's Historic Underevaluation The Civilizing Mission in French Theory and Practice on Rights The Civilizing Mission Ideology and Torture Antinomies of the Ideology Rights in France Bibliography Index

The Universality of the Concept of Human Rights

Abstract: Debate about the universality of human rights requires definition of “human rights” and even of “universality.” The idea of human rights is related but not equivalent to justice, the good, democracy. Strictly, the conception is that every individual has legitimate claims upon his or her society for defined freedoms and benefits; an authoritative catalog of rights is set forth in the Universal Declaration of Human Rights. The rights of the Universal Declaration are politically and legally universal, having been accepted by virtually all states, incorporated into their own laws, and translated into international legal obligations. Assuring respect for rights in fact, however, will require the continued development of stable political societies and of the commitment to constitutionalism. Virtually all societies are also culturally receptive to those basic rights and human needs included in the Universal Declaration that reflect common contemporary moral intuitions. Other rights, however - notably, freedom of...

Human Rights and Humanitarian Norms as Customary Law

Abstract: Let's read! We will often find out this sentence everywhere. When still being a kid, mom used to order us to always read, so did the teacher. Some books are fully read in a week and we need the obligation to support reading. What about now? Do you still love reading? Is reading only for you who have obligation? Absolutely not! We here offer you a new book enPDFd human rights and humanitarian norms as customary law to read.

Native Rights as Collective Rights: A Question of Group Self-Preservation

Abstract: This paper will rely on emerging collective rights precepts to establish that native communities are entitled to recognition as rights-bearing entities. The logic of the theoretical foundation will be shown to generate a group right to the territorial integrity of the existing native land base in Canada. the limits of this rights and its remedial implications will be explored.

Political Culture and the Problem of Double Standards: Mass and Elite Attitudes Toward Language Rights in the Canadian Charter of Rights and Freedoms*

Abstract: Language rights represent claims of entitlement not only on behalf of individuals, but also on behalf of linguistic communities. As such, they raise deep questions of identity and affinity for Canadians. This study, the first report of the Charter Project, investigates mass and elite attitudes toward language rights in Canada. Beginning with the problem of double standards—whether anglophones and francophones want to affirm certain rights for their own group but not for the other—this study finds that attitudes toward language rights are shaped by an interplay between core values to which citizens subscribe and their concern for the status of the groups, both linguistic and partisan, with which they identify.

The Denigration of Rights and the Persistence of Rights Talk: A Cultural Portrait

Abstract: The following two themes emerge in an investigation of legal culture in the United States: (1) a denigration of rights and yet (2) a persistent notion that rights are important and should be salvaged. The discourse of rights continues to act as an important frame of reference throughout legal culture. The open-ended nature of rights discourse plus the powerful cultural resonance of rights encourage the use of rights talk to frame issues even when the framers are severely critical of the use of rights. Even if many people agree, however, there are reasons to assess this consensus negatively.

International law and human rights: trends concerning international migrants and refugees.

Abstract: Not with standing human rights linkages, migrants and refugees are often on the periphery of effective international protection. State sovereignty and self-regarding notions of community are used to deny or dilute substantive and procedural guarantees. Recently, even non- discrimination as a fundamental principle has been questioned, as has the system of refugee protection. This article located both migrants and refugees squarely within the human rights context, contrasting both inalienable rights with the demands of sovereignty, and juxtaposing the 2 in a context of existing and developing international standards. Migration and refugee flows will go on, and the developed world, in particular, must address the consequences - legal, humanitarian, socioeconomic, and cultural. Racism and institutional denials of basic rights daily challenge the common interest. This article shows how the law must evolve, responding coherently to contemporary problems, if the structure of rights and freedoms is to be maintained.

The UN Committee on Economic, Social and Cultural Rights and the Right to Adequate Housing: Towards an Appropriate Approach

Abstract: The human right to adequate housing has legal foundations throughout the body of international human rights law. It has been codified in many diverse instruments including the Universal Declaration on human Rights,' the International Covenant on Economic, Social and Cultural Rights,2 the International Convention on the Elimination of All Forms of Racial Discrimination,3 the International Convention on the Elimination of All Forms of

Human Rights and Development: International Views

Abstract: This collection of papers presents an argument in support of action for human rights in the Third World, emphasizing not economic or historical determinism but rather the importance of political choice by elites in deciding which rights to violate or respect.

Essays on Political Morality

Abstract: The role of philosophers in the legislative process political obligation rebellion on terrorism rules of war and moral reasoning philosophy and practice - some issues about war and peace rights, utility and universalization - reply to J.L.Mackie utility and rights - comment on David Lyon's paper arguing about rights liberty and equality - how politics masquerades as philosophy the rights of employees - the European Court of Human Rights and the Case of Young, James and Webster what is wrong with slavery liberty, equality and fraternity in South Africa? justice and equality punishment and retributive justice contrasting methods of environmental planning moral reasoning about the environment.

Human Rights in Foreign Policy

Abstract: There is an inescapable tension between human rights and foreign policy. The society of all humankind stands opposed to the club of states and one of the primary rules of the latter has been to deny membership to the former. Foreign policy, according to these rules, should be conducted among states. It should not concern itself with communities within states, nor with the notional global community which various kinds of trouble-makers have called up to justify their enthusiasms. Thus foreign policy may concern itself with questions of rights, but these should involve the claims made by states in international society, not the values by which they live domestically. Among states the rule has been classically that of non-interference, allowing plural conceptions of domestic rights. States in international society, united by this tradition, tend to be suspicious of any doctrine of human rights that is not their own as being the attempt to make particular values general, a variety of cultural imperialism, or even, in the interpretation of Enoch Powell, of cultural or ideological agression.2

Human rights in Canadian foreign policy

Abstract: The pattern revealed is one of deliberate ambiguity. On some issues and in some forums, Canada has acted vigorously to promote human rights internationally, as in the United Nations Human Rights Commission, the United Nations Committee on Human Rights, and the Conference on Security and Cooperation in Europe. Canada has been much less forceful about human rights in dealings with the International Labour Organization and has almost completely ignored this issue as it relates to international financial institutions. Canada has been outspoken about the violation of rights in countries ruled by communist regimes, while hesitation and ambiguity are a feature of Canadian policies toward South Africa and Central America, as well as in lending policies to international financial institutions, Canadian development assistance, and Canadian arms sales. Each of these areas is examined in Human Rights in Canadian Foreign Policy. Canada is most vigorous on issues of human rights when the rights in question are civil and political rather than economic and social, and when the offending regime is under Soviet rather than American influence. The contributors include: Frances Arbour, Victoria Berry, John W. Foster, Rhoda E. Howard, Kalmen Kaplansky, T.A. Keenleyside, Allen McChesney, Ronald Manzer, Robert O. Matthews, Stefania Szlek Miller, Cathal J. Nolan, Kim Richard Nossal, Cranford Pratt, Renate Pratt, Ernie Regehr, and H. Gordon Skilling.