Dissertations / Theses: 'Challenges of International Human Rights Law'

1

Xie, Yang Wei. "Protection of minority rights : issues and challenges in international law and Chinese law." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2157184.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

Ozdan, Selman. "The human rights challenge to immunity in international law." Thesis, Queen's University Belfast, 2016. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709867.

Full text

Abstract:

The aim in this Thesis is to present a detailed analysis of the immunity versus impunity debate within the framework of a human rights-based challenge to immunity. There are two essential interests in international law: preserving the immunity of States and those who represent them, such as Heads of State and diplomatic agents; and protecting fundamental human rights which fall within the scope of peremptory norms of general international law. Several cases which are recently before international and national courts demonstrate that the protection of fundamental human rights is a significant challenge to the immunities. This Thesis focuses on the tension between the protection of fundamental human rights on the one hand, and the bestowal of immunity on the State and its representatives on the other. It examines the extent to which the tension affects the sovereign structure of the State, and seeks to ascertain how these immunities can be gradually eroded, if not fully abolished, in order to maintain full protection of fundamental human rights under international law. It argues that immunity should not equate to impunity when violations of fundamental human rights recognised as jus cogens norms are committed by States, Heads of State, or diplomatic agents. To make the case, this Thesis sets out the organic structures of the concepts of sovereignty and fundamental human rights. It then examines the human rights-based challenge to immunity in three instances: State immunity, Head of State immunity, and diplomatic immunity. This Thesis, in so doing, puts the notion of fundamental human rights at the centre of the immunity versus impunity debate; and, the transition from a State-centric system to a human-centric system under the microscope.

APA, Harvard, Vancouver, ISO, and other styles

3

Apitz, Tessa. "Bertrand G. Ramcharan: The United Nations High Commissioner for Human Rights - The Challenges of International Protection (International Studies in Human Rights, Bd. 71) / [rezensiert von] Tessa Apitz." Universität Potsdam, 2003. http://opus.kobv.de/ubp/volltexte/2011/5540/.

Full text

Abstract:

rezensiertes Werk: Ramcharan, Bertrand G. : The United Nations High Commissioner for Human Rights - The Challenges of International Protection (International Studies in Human Rights, Bd. 71). - 2002. - 272 S. ISBN 90-411-1832-2

APA, Harvard, Vancouver, ISO, and other styles

4

Jiang, Yan. "Reconciling development with environment and human rights: challenges facing developing countries and scope of international legal measures with a specific reference to China." Thesis, University of Macau, 2008. http://umaclib3.umac.mo/record=b1943654.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

Parling, Isabella. "Climate Change Litigation Based on Human Rights : challenges and possbilities in Sweden." Thesis, Uppsala universitet, Teologiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-444217.

Full text

Abstract:

Climate change litigation is expanding at fast speed throughout various jurisdictions around the world. Citizens are taking states’ lack of climate mitigation measures to courts, demanding that more has to be done on the climate crisis. More often now, litigants use human rights based argumentation which relies on international human rights law: human rights treaties, conventions, and precedent from human rights courts. According to litigants, states are therefore seen as both creating and prolonging this threat against the lives of their citizens, violating some of their most basic human rights, such as the right to life. Coupling these human rights obligations with climate treaties such as the Paris Agreement has proven effective when attempting to establish a causal connection between state emissions and climate change’s threat to citizen’s lives. This is sometimes characterized as a global ‘rights turn’ or a ‘greening’ of human rights. While a climate litigation case was denied to be brought up in Swedish courts in 2016, the Swedish government is now in 2021 finding itself tested again. Several children and youths in Sweden are currently suing the Swedish state, claiming that Sweden does not live up to its international human rights obligations. The claim is based on a human rights framing and is more similar to other ongoing or successful climate litigation cases at present time. While also facing a lawsuit as defendants in a case under the European Court of Human Rights, Sweden is now finding itself in the midst of this new phenomenon. Since, however, the issue of climate litigation in Swedish courts is quite new, the results of a new case in Sweden based on different grounds and on the precedent established in other successful cases in other similar jurisdictions, could be different. The overall purpose of this thesis is to shed light on the intentional human rights obligations that the Swedish state is bound by internationally which can be used in a climate litigation case based on human rights argumentation. The issue at hand is therefore to ascertain what, how and why those obligations concerning the climate and human rights makes it possible or challenging to pursue a case against the Swedish government, and what these obligations entail. If the case is tried in Swedish courts, it will establish the current obligations concerning climate change and its threat to human lives under international human rights law, as well as Sweden’s mitigation duties.

APA, Harvard, Vancouver, ISO, and other styles

6

Zhang, Yi He. "Is there a right to development? Challenges and international measures to enforce this right with a specific reference to the role of the WTO." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2147558.

Full text

APA, Harvard, Vancouver, ISO, and other styles

7

Ní, Ghráinne Bríd Áine. "Challenges in the relationship between the protection of internally displaced persons and international refugee law." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:5535d05d-aa56-477c-8553-33316d297e0d.

Full text

Abstract:

Internally Displaced Persons ('IDPs') outnumber refugees by two to one and often have the same fears, needs and wants as refugees recognised as such under international law. However, refugee status entails international protection, while IDPs are left to the protection of their own state, which may, but by no means necessarily, be the very entity that has forced them to flee in the first place. In recent years, there have been significant developments in the realm of IDP protection. This includes the conclusion of two regional treaties on the protection of IDPs, the development of relevant soft law instruments, and the reformed 'Cluster Approach' of humanitarian response. Although the increased focus on IDP protection is a welcome development, the UNHCR has expressed the fear that 'activities for the internally displaced may be (mis)interpreted as obviating the need for international protection and asylum.' This thesis represents the first legal analysis of the relationship between the protection of IDPs and International Refugee Law. It will discuss five key challenges in this respect. First, the challenge of drawing the attention of the international community to the plight of IDPs; second, the challenge of developing an appropriate framework for the protection of IDPs; third, the challenge of ensuring that internal protection is not interpreted as a substitute for asylum; fourth; the challenge of determining the relationship between complementary protection and internal displacement; and fifth, the challenge of ensuring that IDP protection in an inter-agency context does not trigger the application of Article 1D of the Refugee Convention, rendering the Convention inapplicable to the recipients of that protection. This thesis will conclude by setting out the future challenges in the relationship between IDP protection and International Refugee Law, by identifying questions left open for further research, and by illustrating the overall impact and importance of this thesis' findings.

APA, Harvard, Vancouver, ISO, and other styles

8

Legg, Andrew. "Deference in international human rights law." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:42fc2528-cf7c-4cd8-9ff6-0d0bd25b6220.

Full text

Abstract:

Deference in international human rights law has provoked animated discussion, particularly the margin of appreciation doctrine of the European Court of Human Rights. Many commentators describe the practice of deference but do not explain how it affects judicial reasoning. Some approve characteristics of deference but do not provide a justification to defend the practice against criticism. Others regard deference as a danger to human rights because it betrays the universality of human rights or involves tribunals either failing to consider a case properly or missing an opportunity to set human rights standards. This thesis employs a different approach by focussing on deference as the practice of assigning weight to reasons for a decision on the basis of external factors. This approach draws on theories of second-order reasoning from the philosophy of practical reasoning. The thesis offers a conceptual account of deference that accords with the practice not only of the European Court of Human Rights, but also the Inter-American Court of Human Rights and the UN Human Rights Committee. Additionally the thesis presents a normative account of deference, that the role of these tribunals entails permitting a measure of diversity as states implement international human rights standards. Deference in international human rights law then is the judicial practice of assigning weight to the respondent states’ reasoning in a case on the basis of three factors: democratic legitimacy, the common practice of states and expertise. This affects judicial reasoning by impacting the balance of reasons in the proportionality assessment. The account defended in this thesis dispels concerns that deference is a danger to human rights, whilst providing a theory that justifies the practice of the tribunals. The thesis thus provides the contours of a doctrine of deference in each of the three international human rights systems.

APA, Harvard, Vancouver, ISO, and other styles

9

Keith, Linda Camp. "The Law and Human Rights: Is the Law a Mere Parchment Barrier to Human Rights Abuse?" Thesis, University of North Texas, 1999. https://digital.library.unt.edu/ark:/67531/metadc2247/.

Full text

Abstract:

This study is the first systematic global analysis of the impact of law on human rights, analyzing the impact of twenty-three constitution provisions and an international covenant on three measures of human rights behavior, over the period of 1976-1996. Three sets of constitutional provisions are analyzed, including 1) ten provisions for individual freedoms and due process rights, 2) nine provisions for elements of judicial independence and 3) four provisions that outline procedures for states of emergency. Additionally, the impact of the International Covenant on Civil and Political Rights on actual human rights behavior is analyzed. Each of these areas of law are evaluated individually, in multiple models in which different elements vary. For example, some models control for democracy with different measures, others divide the data into the Cold War and post-Cold War eras, and some test constitutional indices. Finally, all provisions are simultaneously analyzed in integrated models. Provisions for fair and public trials are consistently shown to decrease the probability of abuse. An index of four freedoms (speech, religion, association, and assembly) decreases the probability of abuse somewhat consistently. Three of the provisions for judicial independence are most consistent in reducing the probability of abuse: the provisions for exclusive judicial authority, for the finality of judges' decisions, and banning exceptional courts. Two of four states of emergency provisions decrease abuse as international lawyers have argued: the provisions for legislative declaration of the emergency and the ban against dissolving the legislature during an emergency. However, two of the provisions are shown to hurt human rights practices: the duration and the derogation provisions. The International Covenant on Civil and Political Rights does not demonstrate a statistically significant impact. While the performance of the constitutional provisions is less than legal scholars would hope, their combined impact over time are shown to be quite large, relative to the impacts of other factors shown to affect human rights abuse.

APA, Harvard, Vancouver, ISO, and other styles

10

Owuor, Elijah. "Theory of International Law: Basic Human Rights Conception of the International Law." Digital Archive @ GSU, 2008. http://digitalarchive.gsu.edu/philosophy_hontheses/3.

Full text

Abstract:

The incidents of human rights violations have increasingly captured the international attention. I think that part of the reasons for human rights violations is because of the foundational theories of the current international law. In this thesis project, I argue that basic human rights should be the moral foundation of the international law. I achieved my goal in several steps. In the first section, I introduced the thesis project; I also outline my objectives. In the second section, I briefly define human rights, basic human rights, and provided the scope of basic human rights. In the third section, I provided my argument that basic human rights should be the moral foundations of the international law; provide criterion of state legitimacy; I critiqued the United Nations in the context of my arguments. Finally, I concluded by formulating the international basic human rights law.

APA, Harvard, Vancouver, ISO, and other styles

11

Swanson, Alan D. "International human rights law and development : a human rights way to development." Thesis, University of Essex, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.341236.

Full text

APA, Harvard, Vancouver, ISO, and other styles

12

Owuor, Elijah Medego. "Theory of international law basic human rights conception of the international law /." restricted, 2008. http://etd.gsu.edu/theses/available/etd-05192008-125514/.

Full text

Abstract:

Thesis (B.A. Honors)--Georgia State University, 2008.
Title from file title page. Robert Sattelmeyer, Andrew Jason Cohen, committee members. Electronic text (34 p.) : digital, PDF file. Description based on contents viewed October 26, 2008. Includes bibliographical references (p. 34).

APA, Harvard, Vancouver, ISO, and other styles

13

Loos, Clemens. "The convergence and divergence of International Humanitarian Law and International Human Rights Law." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6236_1182745813.

Full text

Abstract:

In this minithesis, I demonstrate that International Humanitarian Law and International Human Rights Law are two distinct but related fields of law. First, the examination deals with the instance that the aim of both branches of law, the protection of human rights, is common, but the approach to reach this aim is different. In this regard, I show numerous points of divergence of both branches of law which have their origin in the fundamentally different historical developments of International Humanitarian Law and International Human Rights Law. I give the main attention to the application of both sets of law, whereby the contractions and legal gaps of the protection of human rights become apparent. The proposals dealing with the solution of these issues are discussed. I argue that a new legal instrument for a comprehensive and compatible protection of human rights is necessary, especially in times of internal strife. Regarding the question as to whether International Humanitarian Law or International Human Rights Law should apply if both branches are applicable, I take the view to apply the roman principle of law lex specialis derogat legi generali in such a way that the more specific rule whenever they have a specific justification for dealing with specific problems is applicable. Both branches of law do not merge to one, but they converge to a harmonious relationship, where they complement each other and provide the highest protection of human rights.

APA, Harvard, Vancouver, ISO, and other styles

14

Eick, Christophe N. "Enforcing international human rights law in domestic courts." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63973.

Full text

APA, Harvard, Vancouver, ISO, and other styles

15

Gondwe, Mtendere. "International principles and methods employed by National Human Rights Institutions (NHRIs) as a means of promoting and protecting human rights, a case study of the Malawi Human Rights Commission (MHRC)." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20806.

Full text

Abstract:

This study generally focuses on the important role that National Human Rights Institutions (NHRIs) play in promoting and protecting human rights at the domestic level, hence the need for NHRIs to be effective and efficient in the discharge of their mandate. One way of improving the effectiveness and efficiency of a NHRIs is by ensuring that it adheres to international principles and methods of promoting and protecting human rights as well as by adopting best practices from other NHRIs. The study therefore traces the evolution of NHRIs and their recognition at the international level. It also analyses the different forms in which NHRIs exist and discusses the recommended international principles and standards that act as core minimum in terms of a NHRI's mandate, methods of operation, composition and other guarantees of independence. Due to the fact that states have a wide discretion to devise appropriate means of applying the core minimum principles, this study also presents several best practices from different NHRIs in their implementation of the international principles and standards. Particular attention has been directed at the Malawi Human Rights Commission (MHRC) by assessing whether the MHRC adheres to the international principles and standards in its operations, and to consider whether it could advance human rights better by improving its working methods.

APA, Harvard, Vancouver, ISO, and other styles

16

Kingsbury, Benedict. "Indigenous peoples in international law." Thesis, University of Oxford, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334165.

Full text

APA, Harvard, Vancouver, ISO, and other styles

17

Tehrani, Maryam Moazezi Zadeh. "Women's rights in Islam and current discourse of international human rights law." Thesis, University of Hull, 2007. http://hydra.hull.ac.uk/resources/hull:6643.

Full text

Abstract:

The international norm of non-discrimination on the basis of sex as reflected in the UN human rights instrument culminated in 1979 with the adoption of the UN Convention on the Elimination of All Forms of Discrimination Against Women. With the adoption of the Convention, the separate concepts of women's rights were recast in a global perspective, and supervisory machinery with terms of reference similar to those of existing human rights organs was provided for. Although the Convention is considered as the most important binding document for elimination of discrimination against women, it met with a large number of reservations by member states. The number of far reaching reservations entered to the Women's Convention has been the subject of a global debate and the Convention is seen as the most 'political' of all the human rights instruments. Muslim member states to the Convention have entered reservations to its substantive provisions based on Islamic Law and emphasise that the formulation and interpretation of these rights in Sharia is very different from the concept of human rights in international human rights instruments. Reservations of Muslim state parties to the substantive provisions of the Women's Convention and present gender discriminatory laws in Muslim states based on some jurists' interpretation of a few verses in the Quran and the existence of a few ahadith, including qawwamun (the superiority of male over female in marriage), divorce, guardianship and custody, women's testimony which is worth half that of a man in financial transactions; inheritance rights of women where women are entitled to half the share of a man in a comparable situation; polygamy and some issues in Islamic penal law which are undesirable from the perspective of women's human rights in international law have led to the belief that women in Islamic societies are second citizen and Islamic principles are an obstacle to eliminating discrimination against women. They also reinforce the view in the West that the concept of women's human rights in Islam is entirely irreconcilable with international human rights norms on the subject, such as those expressed in the Women's Convention. By studying the origin of the religion and Islamic sources, the present author, however, seriously doubts the validity of the Western view and Muslim parties' reservations to substantive provisions of the Convention, based solely on their interpretation of the Sharia. Contrary to the common perception, the principles of Islamic law do not consist of an immutable, unchanging set of norms, but have an inbuilt dynamism that is sensitive and flexible so that Islamic law can remain up-to-date and respond to the questions and demands of people at different times and places. This project, in the light of Islamic sources and interpretations of Islamic jurisprudence from both schools of thought, Sunni and Shi'a, is designed in four parts to discuss and explore the place of women's rights in Islam and the current discourse of women's human rights in modem international law in order to determine whether Islamic law is reconcilable with international women's human rights such as those expressed in the Women's Convention.

APA, Harvard, Vancouver, ISO, and other styles

18

Baderin, Mashood A. "Modern Muslim states between Islamic law and international human rights law." Thesis, University of Nottingham, 2001. http://eprints.nottingham.ac.uk/10964/.

Full text

Abstract:

This thesis examines the important question of whether or not Islamic law and international human rights are compatible and whether Muslim States can comply with international human rights law while they still adhere to Islamic law. The traditional arguments on the subject are examined and responded to from both international human rights and Islamic legal perspectives. The thesis formulates a synthesis between two extremes and argues that although there are some differences of scope and application, that does not create a general state of dissonance between Islamic law and international human rights law. It is argued that the differences would be easier to address if the concept of human rights were positively established from within the themes of Islamic law rather than imposing it as a concept alien to Islamic law. To avoid a simplistic generalisation of the arguments, each Article of the international bill of rights (ICCPR and ICESCR) and some relevant articles of the Convention on the Elimination of all Forms of Discrimination against Women are analysed in the light of Islamic law. The thesis theoretically engages international human rights law in dialogue with Islamic law and then evaluates the human rights policy of modern Muslim States within the scope of that dialogue. The State Practice of six Muslim States is examined as case studies to establish the arguments of the thesis. The thesis concludes, inter alia, that it is possible to harmonise the differences between Islamic law and international human rights law through the adoption of the margin of appreciation doctrine by international human rights treaty bodies and the utilisation of the Islamic law doctrines of maqâsid al-sharî‘ah (overall objective of Sharî‘ah) and maslahah (welfare) by Muslim States in their interpretation and application of Islamic law respectively. It is asserted that Islamic law can serve as an important vehicle for the enforcement of international human rights law in the Muslim world and recommendations are advanced to that effect in the conclusion.

APA, Harvard, Vancouver, ISO, and other styles

19

Hessler, Kristen M. "A theory of interpretation for international human rights law." Diss., The University of Arizona, 2001. http://hdl.handle.net/10150/279864.

Full text

Abstract:

A complete theory of interpretation for human rights law must answer two kinds of questions. First: Who should interpret international human rights law? Second: What principles should guide the interpretation of human rights law? Individual governments frequently claim the right to interpret international law as it applies to them, but this claim is contested by many United Nations subgroups and by nongovernmental organizations like Amnesty International. I argue that international institutions are more likely to give a fair hearing to people's human rights than are their own governments. Accordingly, we can conclude as a general rule that international institutions should be assigned authority to interpret international human rights law. The general rule has an exception, however. Democratic states that protect basic freedoms of speech and assembly will promote and protect their own citizens' human rights better than undemocratic states. Moreover, free democratic states, by giving a voice to all citizens, can take advantage of local knowledge about particular human rights problems and solutions, and so are more likely than international institutions to interpret human rights law with a sensitivity to the human rights of all citizens and to the locally important human rights issues. Therefore, unlike other states, liberal democratic states should have the authority to interpret international human rights law as it applies within their borders. What principles should guide the interpretation of human rights law? The answer depends on whether we take a short- or long-term perspective. Currently, the institutions of international law are relatively ineffective when compared to most domestic legal systems. While this remains the case, a principle allowing interpreters to use their judgment about moral human rights in interpreting human rights law can be justified on the basis of the contribution this would make to global deliberation about the proper understanding of moral human rights. As human rights law develops more effective, less voluntaristic institutions, this principle of interpretation should be phased out.

APA, Harvard, Vancouver, ISO, and other styles

20

Provost, Rene. "International human rights and humanitarian law : fusion or confusion?" Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285439.

Full text

APA, Harvard, Vancouver, ISO, and other styles

21

Blake, C. K. "Whither solidarity? : international law, human rights and global poverty." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.596713.

Full text

Abstract:

This thesis looks at the engagement of international law with the issue of global poverty. It examines the legal discourses that have arisen in this context, and how they construct, narrate and consequently address the problem of impoverishment. It begins by examining the principle of ‘international co-operation’, which is argued represents the dominant paradigm within legal discourse on poverty. It concludes, however, that this paradigm is not only problematic, but may prove counter-productive in efforts to address poverty. In light of this conclusion, the thesis turns to examine nascent conceptual shifts within legal discourse that see a move from a focus on ‘co-operation’ towards a focus on ‘solidarity’ within the discourse on poverty. In particular, it examines suggestions that solidarity represents a substantive principle of international law, and that it offers a more transformative normative alternative to co-operation in response to poverty. The thesis therefore turns to analyse the principle of solidarity. It emerges, however, that rather than transformative, present readings of solidarity are largely re-iterative of the problems associated with the principle of co-operation. It is argued that if the notion of solidarity is to prove productive to international law, it must be re-thought and re-cast. The final chapter considers the possibilities for re-casting the concept of solidarity in international law. It suggests the writings of Karl Marx on solidarity may provide productive lines along which legal engagement with the notion of solidarity may be re-conceived. In so doing, it joins a growing body of legal scholarship which has begun to argue that the ideas of Marx have not exhausted themselves, and that a critical reading potentially offers insights and tools for international legal enquiry.

APA, Harvard, Vancouver, ISO, and other styles

22

Aloisi, Rosa. "The Threats to Compliance with International Human Rights Law." Thesis, University of North Texas, 2011. https://digital.library.unt.edu/ark:/67531/metadc103282/.

Full text

Abstract:

In this project I investigate the factors shaping compliance with international human rights agreements and I provide a definition of compliance, which goes beyond “ratification.” I argue that compliance is a multistage process, built upon three different steps: ratification/accession, implementation, and what I call “compliant behavior.” As an alternative to the dominant structural and normative explanation of compliance, I suggest that the factors affecting compliance are not only endogenous to state characteristics, such as the democratic/non-democratic nature of governments, but also exogenous, such as the perceived level of threat to national security. I offer a twofold theory that looks at leaders’ behavior under conditions of stability and instability and I suggest that under certain circumstances that threaten and pressure government leaders, state compliance with international human rights law becomes more costly. I suggest that regardless of regime type, threats shape leaders’ behavior toward international law; states are faced with the choice to abide by international obligations, protecting specific human rights, and the choice to protect their national interests. I argue that when the costs associated with compliance increase, because leaders face threats to their power and government stability, threats become the predictor of non-compliant behavior regardless of the democratic or non-democratic nature of the regime.

APA, Harvard, Vancouver, ISO, and other styles

23

Simonsen, Natasha. "Rethinking torture in international law." Thesis, University of Oxford, 2016. http://ora.ox.ac.uk/objects/uuid:a30e1900-4417-4ef2-b426-d614c9cda644.

Full text

Abstract:

This thesis seeks to identify the moral wrong of torture, and to trace the relationship between that wrong and the definition of torture in international law. Because understanding a concept's modern manifestation requires an understanding of its history, the thesis begins by tracing the historical trajectory of legal prohibitions of different forms of ill-treatment beginning with the English Bill of Rights in 1689, subsequently articulated in the 1948 Universal Declaration of Human Rights, that 'no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment'. This prohibition, almost universally accepted by States, has come to be interpreted as embodying a hierarchy with torture at the apex. The shift towards a hierarchical interpretation of the prohibition of torture and ill-treatment in international law was remarkable, both for its decisiveness and for its surprisingly recent occurrence. The reasons for that shift are examined, before turning to a consideration of the competing accounts of what it is that makes torture wrong. Two predominant accounts of the moral wrong of torture are identified, described here as the 'dignitarian' and the 'defencelessness' accounts. Although most international instruments and judicial decisions on torture implicitly reflect the dignitarian account, the thesis argues that this account is open to challenge on normative grounds. Instead, it argues that the preferable account of the moral wrong of torture is a modified form of the defencelessness account, according to which torture is the deliberate infliction of severe pain or suffering in the context of a profoundly asymmetric power relation. Finally, the thesis turns to a consideration of the definitions of torture in international law. It contends that there are distinct conceptions of torture operating in the criminal paradigm, and in the human rights paradigm, respectively. While both conceptions of torture at present reflect the dignitarian account, the thesis argues that there is scope in the human rights paradigm for a more expansive 'defencelessness' conception of torture to be adopted.

APA, Harvard, Vancouver, ISO, and other styles

24

Obokata, Tomoya. "Trafficking of human beings as a human rights violation : obligations and accountability under international human rights law." Thesis, University of Nottingham, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.408594.

Full text

APA, Harvard, Vancouver, ISO, and other styles

25

Addo, M. K. "The implications for some aspects of contemporary international economic law of international human rights law." Thesis, University of Essex, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.378354.

Full text

APA, Harvard, Vancouver, ISO, and other styles

26

Schmidt, Markus G. "Reform of the United Nations Human Rights Programs – : current challenges and trends." Universität Potsdam, 2011. http://opus.kobv.de/ubp/texte_eingeschraenkt_verlag/2012/6096/.

Full text

Abstract:

Inhalt: - Kurzzusammenfassung - I. Introduction - II. Current challenges to the United Nations Human Rights Programme - III. The Secretary General’s Reform report “In larger Freedom” and its impact for the human rights programme - IV. The High Commissioner’s Plan of Action of May 2005 - V. Negotiations on the establishment of the Human Rights Council and first Council activities - VI. Reform of the treaty body system and debates over the creation of a unified standing treaty body
Diskussionen über die Reform der UN-Mechanismen zum Schutz der Menschenrechte sind keineswegs neu. Seit Veröffentlichung des dritten Reformberichts von UN-Generalsekretär Kofi Annan “In Larger Freedom” im März 2005 haben sich jedoch die Voraussetzungen für eine tiefer gehende Reform der Menschenrechtsgremien verbessert. Zum ersten Mal haben UN-Mitgliedstaaten den politischen Willen manifestiert, das System grundlegend und nicht wie früher nur kosmetisch zu verändern. Das zeigt sich zum einen in dem Bestreben, die seit langem als hoffnungslos politisiert diskreditierte Menschenrechtskommission durch einen effizienteren Menschenrechtsrat mit weitergehenden Kompetenzen und innovativen Arbeitsmethoden zu ersetzen. Zum anderen sind Diskussionen im Gange, um das System der Expertenausschüsse, die die innerstaatliche Umsetzung der wichtigsten UNO Menschenrechtskonventionen überwachen sollen, effizienter zu gestalten und gegebenenfalls durch ein einziges, permanent tagendes Expertengremium zu ersetzen. Dieser Artikel gibt einen Überblick der Verhandlungen und versucht, ein vorsichtiges Fazit der ersten beiden Sitzungen des Menschenrechtsrates zu ziehen. Obwohl die meisten Arbeitsmethoden des Rates erst noch ausgehandelt werden müssen, so läßt sich doch bereits erkennen, daß die Politisierung, die die frühere Menschenrechtskommission charakterisierte, leider auch die Arbeit des Rates prägen wird. Das verheißt nicht unbedingt Gutes für die Zukunft. Was eine Reform der Expertenausschüsse betrifft, so stehen Diskussionen noch in der Anfangsphase, und ein permanent tagender Expertenausschuß ist in absehbarer Zukunft nicht zu erwarten.

APA, Harvard, Vancouver, ISO, and other styles

27

Godoy, Wilson Magdalena Sofia. "Sexual violence in armed conflict under international law: The interplay between international humanitarian law human rights law and international criminal law." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/56998.

Full text

APA, Harvard, Vancouver, ISO, and other styles

28

Burneo, Labrín José. "International Law on Human Rights contribution to constitutionalization of law after 1945." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/116271.

Full text

Abstract:

This article base line bears on the relevance of the process– developed after 1945– of law’s constitutionalization, its foundations established and main characteristics. This process is framed by HumanRights fully implementation, such as rejection of impunity concerning serious human rights violations, respect to due process, the integrality and indivisibility of human rights, also respect to indigenous people and limits to state of emergency. Finally, through reviewing laws for compliance, the author highlights the importance of jurisdictional bodies for an effective fulfillment of constitutional and supranational rules signed by the States.
El artículo toma como punto de partida la relevancia del proceso de constitucionalización del derecho desarrollado luego de 1945, los fundamentos que consagra y sus principales características. Este proceso se enmarca en lavigencia de los derechos humanos que se enarbolan, como el rechazo a la impunidad respecto de violaciones graves de derechos humanos, el respeto al debido proceso, la integralidad de los derechos humanos, el respeto a los pueblos indígenas y los límites del Estado de excepción. Finalmente, mediante el análisis del control de convencionalidad, el autor resalta la importancia de los órganos jurisdiccionales en el efectivo cumplimiento de las normas constitucionales y supranacionales suscritas por los Estados.

APA, Harvard, Vancouver, ISO, and other styles

29

Fuentes, Carlos. "Normative plurality in international law: the impact of international human rights law in the doctrine of sources of international law." Thesis, McGill University, 2014. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=123029.

Full text

Abstract:

This dissertation attempts to provide a theoretical framework for explaining the choices made by international decisions-makers as to what constitutes law. It is proposed that the practice of international human rights courts recognises that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on such practice, the author advances his normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.
Cette thèse vise à fournir un cadre théorique pour expliquer les choix effectués par les décideurs internationaux sur ce qui constitue la loi. Il est proposé que la pratique des tribunaux internationaux des droits de l'homme reconnaît que différents instruments normatifs coexistent dans un espace non-ordonné, et que le sens peut être produit par le libre jeu de ces instruments autour d'un problème. Sur la base de cette pratique, l'auteur avance son hypothèse de la pluralité normative qui stipule que les décideurs doivent étudier l'acquis du droit international afin d'identifier tous les instruments contenant des informations normatives pertinents pour une situation particulière. L'ensemble des règles de droit applicables à la situation doit ensuite être complété par d'autres instruments contenant des informations normatives spécifiques relatives à la situation, résultant en un système complet de normes avançant un objectif commun.

APA, Harvard, Vancouver, ISO, and other styles

30

Huang, Yingliang. "Reservations to multilateral human rights treaties." Thesis, University of Ottawa (Canada), 2006. http://hdl.handle.net/10393/27374.

Full text

Abstract:

Reservations to multilateral human rights treaties have become an important issue since the case of the Genocide Convention in 1951. Although the compatibility principle upheld by the International Court of Justice (ICJ) was codified in the 1969 Vienna Convention on the Law of Treaties (Vienna Convention), the current reservations mechanism is problematic and detrimental to human rights treaty-making. I will argue that the logical relation between the two standards comprising the compatibility principle has been lost under the Vienna Convention and it should be reintroduced by a competent body. For this purpose, I will analyze the characteristics of human rights treaties, clarify the permissibility of making reservations, go through the origin and development of the compatibility principle, and identify the problem of the current reservations mechanism, namely that the determination of the compatibility of reservations is left to individual States. The solution I will propose is that the ICJ should be conferred the competence to objectively determine the compatibility of reservations. Key words. the compatibility principle; the objective determination of compatibility

APA, Harvard, Vancouver, ISO, and other styles

31

Oraa, Jaime. "Human rights in states of emergency in public international law." Thesis, University of Oxford, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.385608.

Full text

APA, Harvard, Vancouver, ISO, and other styles

32

Lee, Yoke-Lian. "Sovereignties, subjectivities and feminist critiques of international human rights law." Thesis, Keele University, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.545747.

Full text

APA, Harvard, Vancouver, ISO, and other styles

33

Xiao, ShuQiao. "International human rights law and abused women in contemporary China." Thesis, University of Warwick, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.403139.

Full text

APA, Harvard, Vancouver, ISO, and other styles

34

Amit, Roni. "Judges without borders : international human rights law in domestic courts /." Thesis, Connect to this title online; UW restricted, 2004. http://hdl.handle.net/1773/10732.

Full text

APA, Harvard, Vancouver, ISO, and other styles

35

Bradlow, Daniel David. "Doctoral degree by virtue of publications : international development law." Thesis, University of Pretoria, 2010. http://hdl.handle.net/2263/23630.

Full text

APA, Harvard, Vancouver, ISO, and other styles

36

Bishop, Julia. "Gender-based violence and gender stereotyping in international law." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12671.

Full text

Abstract:

Includes bibliographical references.
As Rashida Manjoo, the UN Special Rapporteur on violence against women, suggests, women who are empowered “understand that they are not destined to subordination and violence; they resist oppression; and they develop their capabilities as autonomous beings and they increasingly question the terms of their existence in both public and private spheres.” By altering stereotypes and empowering women, GBV could be prevented from occurring in the first place, and discrimination and inequality could be mitigated or, hopefully, eradicated. Women’s human rights, and women in general, have been consistently marginalized in international and regional binding documents. This, in many ways, is a product of the stereotype that women are less important than men, and that their rights should therefore be accorded less significance – a twisted logic that only leads to women being further marginalized. The hypothesis of this dissertation is that in order to eradicate GBV in times of so-called peace, it is essential that discriminatory stereotypes of women be altered. This dissertation will examine stereotyping as an underlying cause of GBV, and whether the international and regional normative frameworks provide sufficient protections for women in regards to GBV. There will also be discussion about whether or not States comply with the obligations that do exist, and how States have (or have not) altered the behaviours and attitudes which characterize a stereotyped view of gender roles.

APA, Harvard, Vancouver, ISO, and other styles

37

Söderlund, Erik. "Transnational Corporations and Human Rights : Assessing the position of TNCs within international human rights law, and the appropriateness of an international treaty on business and human rights." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-363144.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

38

Guntrip, Edward John. "The 'de-fragmentation' of international investment law and international human rights law : a procedural basis for a host state human rights defence in ICSID arbitration." Thesis, Brunel University, 2016. http://bura.brunel.ac.uk/handle/2438/13855.

Full text

Abstract:

This thesis considers the intersection of international investment law and international human rights law in ICSID arbitration by reference to the ‘fragmentation’ of public international law. More specifically, it argues that it is possible to establish a procedural basis for a host state human rights defence in ICSID arbitration. Utilising a systemic conception of public international law driven by state consent, it is posited that regime conflict between international investment law and international human rights law in ICSID arbitration justifies the introduction of a host state human rights defence. By reference to the ICSID Arbitral Rules, this thesis establishes a viable basis for the introduction of international human rights law into ICSID arbitration by a host state. Finally, it is argued that a procedural basis for a host state human rights defence in ICSID arbitration has the ability to ‘de-fragment’ international investment law and international human rights law.

APA, Harvard, Vancouver, ISO, and other styles

39

Kaspers, Birte. "Beiträge zu "gefährdeten Personengruppen" im Zeitraum von 1995 bis 2009 : eine Auswertung von Human Rights Quarterly, Netherlands Quarterly of Human Rights und The International Journal of Human Rights." Universität Potsdam, 2009. http://opus.kobv.de/ubp/volltexte/2009/4013/.

Full text

Abstract:

I. Einleitung II. Auswertung Human Rights Quarterly III. Auswertung Netherlands Quarterly of Human Rights IV. Auswertung The International Journal of Human Rights V. Zusammenfassende Auswertung VI. Schlussanmerkung

APA, Harvard, Vancouver, ISO, and other styles

40

Melzer, Nils. "Targeted killing in international law /." Oxford [u.a.] : Oxford Univ. Press, 2009. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=018603773&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

Full text

Abstract:

Teilw. zugl.: Zürich, University, Diss., 2006 u.d.T.: Melzer, Nils: Targeted killing under the international normative paradigms of law enforcement and hostilities.
Includes bibliographical references (p. [445]-458) and index.

APA, Harvard, Vancouver, ISO, and other styles

41

Ndayikengurukiye, Michel. "The international human rights law as a source of law in the Burundian judicial system." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1154.

Full text

Abstract:

"The enjoyment of all human rights by all persons is the ultimate horizon of democracy. It is generally admitted that democratic societies are less likely to violate human rights. The good human rights records of these societies can be justified, among others, by the promotion of a strong legal culture, which provides procedural avenues for allocating responsibility for human rights violations. Thus, the protection of human rights follows from the functions of law in society, and the nature of human rights claims. At the national level, human rights are protected by both domestic and international mechanisms. Therefore, the human rights claims should be based on violations of either domestic law or relevant provisions of operational international human rights instruments. However, most of the time this is not the case, especially in Africa. Many African states have ratified several international human rights instruments, but the record of the way the latter are applied in their respective judicial systems remains very poor. This study aims to analyse the case of Burundi, one of these state whose judicial system only rarely applies international human rights instruments in spite of the importance devoted to them by the Constitution. It must be understood that international human rights as a source of law will be referred to, in this study, both as a source of rights and as a source of interpretation of domestic human righs instruments such as the Bill of Rights. ... Chapter one will set out the content of the research, identify the problem and outline the methodology. Chapter two will focus on the status of international law in domestic legal systems. It will highlight the theories that have been used to determine the relationship between international and domestic law in general. Chapter three will analyse on basis of some samples of cases how the Burundian courts interpret and apply international human rights instruments. Chapte four discusses the role played by the Burundian lawyers in the enforcement of these instruments. Chapter five will draw [a] conclusion and recommendations." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Professor Grace Patrick Tumwine-Mukubwa at the Faculty of Law, Makerere University in Kampala, Uganda
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

APA, Harvard, Vancouver, ISO, and other styles

42

Gabriel, Mark A. "Reforming Hudud ordinances to reconcile Islamic criminal law with international human rights law." Doctoral thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/23724.

Full text

Abstract:

International human rights laws are grossly violated by the hudud ordinances, with their extremely cruel punishments, including stoning for adultery, beheading for apostasy, and amputation for theft. Pakistan, Sudan, Brunei Darussalam and Saudi Arabia, for example, follow the doctrines of the four main Sunni schools of jurisprudence and enforce hudud ordinances, thereby violating some of the core international human rights law instruments to which they are State Parties. Orthodox Muslims generally defend the hudud ordinances, claiming that they are divine and immutable. This study refutes the aforementioned claim and demonstrates that it is legitimate and possible to reform hudud punishments to reconcile them with international human rights law. The thesis differentiates between Shariah and Islamic law. It argues that Shariah refers to the divine rulings recorded in the Qur'an and correct Sunnah, while Islamic law is not fully divine, for it includes also such prescriptions that have been developed by the human effort of Islamic jurists. The thesis demonstrates that reformation is an Islamic concept that requires that Muslims read the teachings of the Qur'an and the Sunnah in the context of their own time and environment. It is postulated, therefore, that the rulings of Islamic law need to be examined in the light of the Qur'an, the correct Sunnah and the Islamic core values promoted in them. These include several internationally protected human rights, such as the right to life, equality, and freedom of religion. The thesis points out that the main purpose of Shariah is to serve the benefit of the people and to protect them from harm. To this end, Shariah has provided the Islamic principles of reality and necessity. These require that the reality of life and the needs of the people be considered at all times. If necessary for the sake of the people, the principles allow for exceptions to be made to even definite provisions. It, further, demonstrates how these principles can be applied to reform the hudud ordinances to reconcile them with international human rights law.

APA, Harvard, Vancouver, ISO, and other styles

43

Dufton, David J. "Is there a human right to a clean environment?" Thesis, Click to view the E-thesis via HKUTO, 1994. http://sunzi.lib.hku.hk/HKUTO/record/B38627802.

Full text

APA, Harvard, Vancouver, ISO, and other styles

44

Montoya, Chávez Victorhugo, and Cambiaso Raúl Feijóo. "The Hierarchy of Human Rights International Treaties." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123420.

Full text

Abstract:

An issue that has sparked heated debate over the years is undoubtedly the hierarchy of international treaties in the Peruvian legal system. the critical point is whether these treaties have Constitutional status. thus, the authors seek the answer based on the hierarchy of laws and how Human Rights Treaties are defined nowadays. Furthermore, they analyze the arguments defending their constitutional status in order to arrive to a firm conclusion that considers the globalization process that Law is going through.
Un tema que ha despertado un gran debate a lo largo de los años, es sin duda el rango de los tratados internacionales en el ordenamiento jurídico peruano. el punto álgido sobre la discusión es si dichos tratados tienen el mismo peso que la Constitución. De esta manera, los autores buscan responder a la interrogante basándose en la jerarquía normativa y cómo se entienden hoy en día los tratados sobre Derechos Humanos. Además, analizan los argumentos que defienden su rango constitucional, para finalmente emitir una sólida conclusión considerando el proceso de globalización por el que transcurre el Derecho en la actualidad.

APA, Harvard, Vancouver, ISO, and other styles

45

Malila, Mumba. "The place of individuals? duties in international human rights law : perspectives from the African human rights system." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/60063.

Full text

Abstract:

Some worry has been expressed in human rights circles that the human rights archetype has for some time now, disproportionately preoccupied itself with the culture of rights and claims at the expense of individuals? duties and responsibilities. A claim is made that while rights are individualistic, self-seeking, unworldly, self-indulgent and anti-social, individual duties and responsibilities are collective, social, humane, nuanced and associated with correct traditional and social behaviour and human values. The language of rights has dominated the texts of bills of rights in constitutions, and international instruments, and many view this rhetoric as unproblematic. Others, however, consider the currency of that language as overlooking, with dire consequences to human society, the concept of duty as the missing link of human dignity. There have, accordingly, been calls for a renewed focus on individual duties and responsibilities in the human rights discourse. The question is whether focussing on individual responsibility is necessary to counterbalance what is viewed by some as a bias towards rights. Efforts to raise international consciousness of what is regarded as the limitation of a purely rights-based approach to human rights has been spearheaded by, among others, faith based organisations. These have advocated not only a more visible recognition of individual duties and responsibilities generally, but an international declaration of human responsibilities as a ?common standard for all people and all nations.? The calls being made are premised on, first, a view that a device in the form of an international declaration ? a set of international rules ? should be developed to change the current human rights architecture. This code of ethical obligations is necessary to guide and change individual behaviour. Second, a belief that greater emphasis should be laid on individual duty responsibility to supplement existing international human rights norms and standards, and finally, that human rights principles alone are inadequate for modern societies to regulate themselves well. With particular reference to perspectives from the African Charter based human rights system, this project interrogates these concerns regarding duties with a view to ascertaining whether there is justification in them. Using as a reference point the concept of duties in the African Charter and to a small extent that in the African Children's Charter, which represents the older ii and more established part of the African human rights system, the project concludes that although individuals? duties are important and deserve greater attention, there is no convincing case for the calls that are being made in this regard.
Thesis (LLD)--University of Pretoria, 2017.
Centre for Human Rights
LLD
Unrestricted

APA, Harvard, Vancouver, ISO, and other styles

46

John-Langba, Vivian Nasaka. "The role of national human rights institutions in promoting and protecting the rights of refugees: the case of South Africa and Kenya." Doctoral thesis, University of Cape Town, 2020. http://hdl.handle.net/11427/32499.

Full text

Abstract:

The apparent normative and implementation gaps within the international refugee protection regime suggest the need to reform its implementation and accountability processes. Increasingly, the focus is being shifted to local or domestic actors to attempt to address the challenges faced in realising refugee rights effectively. Among the key domestic accountability actors for the realisation of rights, are national human rights institutions (NHRIs). NHRIs are considered a bridge between the international and domestic human rights systems. NHRIs act as entities that facilitate the diffusion of international human rights norms and standards, including those with respect to refugee rights, into the national spheres. Notwithstanding this, there is paucity in empirical evidence within the refugee rights discourse on the role that NHRIs can play to promote the effective realisation of refugee rights. This study explores the role that NHRIs in South Africa and Kenya play in promoting and protecting refugee rights. It utilises a non-doctrinal and qualitative research approach, to examine the extent to which the NHRIs engage with refugee rights and to explore their capacity to do so effectively. It situates NHRIs within the nexus between international human rights law and international refugee law to frame the understanding for their role within the refugee protection regime. The findings indicate that the NHRIs in South Africa and Kenya that are compliant with the Paris Principles display significant engagement with refugee rights promotion and protection. As accountability mechanisms, they have contributed to the development and implementation of domestic refugee law and policy in accordance with international norms and standards. This has occurred despite the lack of an explicit refugee rights' promotion and protection mandate, but they face barriers and challenges. Various underlying factors that impede their effectiveness to address refugee rights were identified. These included the sociopolitical contexts within which they operate, capacity constraints and invisibility within the refugee protection regime. The socio-political challenges included xenophobia and the securitisation of the asylum space. These compounded organisational and operational weaknesses such as scarce specialist skills in refugee law, limited financial resources, and the absence of strategic and sustained partnerships for refugee rights protection. The overall absence of norms for NHRI engagement with refugee rights was identified as a contributory factor for the lack of a coherent approach for promoting and protecting these rights. Possible avenues to enhance NHRI engagement with refugee rights were identified. For instance, NHRIs building partnerships for refugee rights promotion and protection with CSOs, the UNHCR and regional institutions based on a clear understanding of an NHRI's role as accountability mechanisms. For NHRIs, the imperative lies in building their capacity to address refugee rights to ensure a clear understanding of what the promotion and protection of these rights entails.

APA, Harvard, Vancouver, ISO, and other styles

47

Driver, Sahar DeAnne. "Decolonizing human rights| The challenges of ensuring the dignity and freedom of Iranians through a human rights framework." Thesis, California Institute of Integral Studies, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3643099.

Full text

Abstract:

The human rights industry today generates and organizes knowledge about the Islamic Republic of Iran and Iranians. The cultural archive it produces has been used to advance the global North's geopolitical interests and the accumulation of capital and power that leads to human rights abuses in the first place. Use of the human rights framework as a political strategy among Iranian–Americans and other allies acting from across geographic, political, economic, religious and other boundaries is therefore risky. The dangers it introduces should be examined alongside its tactical uses.

This dissertation presents a close analysis of certain observables that make visible "human rights" discourse or activity related to the Islamic Republic of Iran today. It presents an examination of a series of texts that give "human rights" its shape: from academic and journalistic accounts to online data aggregators, film, social media, and related policies. It traces its use by competing actors: from activists and politicians to business leaders and academics. In so doing, the dissertation reveals important political, emotional, intellectual, and socio-economic contestations that arise through use of the human rights framework.

The dissertation sheds light on the motivations and methods of entities that take up the human rights framework as a political strategy. It narrates the relations between observables, revealing the architecture of a human rights "industry" that consumes and produces knowledge about Iranians and the Islamic Republic of Iran. In so doing, this dissertation reveals the vulnerability of the human rights discourse and activities to other projects and finds that the human rights industry motors a form of (neo)Orientalism that should be interrupted if the network of actors around the world that are set up to address violations of "human rights" are to be effective at helping to maintain or uphold the dignity and freedom of Iranians in a sustainable way.

APA, Harvard, Vancouver, ISO, and other styles

48

Güler, Hande. "The Interaction between International Human Rights Law and International Humanitarian Law: Seeking the most effective protection for children in armed conflicts." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21526.

Full text

Abstract:

Since children are particularly vulnerable in armed conflicts, they are conferred legal protection under International law, like in the International Humanitarian Law and International Human Rights Law. Despite of international legislation, the situation of children remains critically worrying with numerous ongoing armed conflicts and instabilities globally. On the one hand, they are assumed special protection, yet on the other hand, they are commonly used as shields or forced into being combatants. The aim of the study is to outline legal areas of ambiguity or inadequacy in the legal framework and see whether they are sufficient in seeking to protect children in armed conflicts. Following relevant conceptual discussions on International Humanitarian Law and International Human Rights Law, the study employs a legal analysis in conjunction with a normative argumentation approach in reference to the works of various scholars. Based on the findings, I conclude that IHL and IHRL are often not adhered to, by state parties in armed conflicts due to a lack of binding power; hence such conventions do not produce the desired result. Since state parties are either in breach of the conventions, or have not yet ratified them, the conventions are not practically effective in protecting children.

APA, Harvard, Vancouver, ISO, and other styles

49

Bjoerkan, Maren. "International displacement and state compliance with international human rights standards: the current protection of internally displaced persons' right to physical security in Nigeria." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28030.

Full text

Abstract:

There are approximately 65.3 million forcibly displaced people in the world. A large majority of these people are internally displaced. Of the 40.8 million internally displaced persons' (IDPs) worldwide, Nigeria had a total of 1,955,000 IDPs at the end of 2016. Consequently, Nigeria is among the countries with the highest number of displaced persons globally. A wide range of political, economic, social, and environmental factors, including poverty, corruption, and internal armed conflict, affect the population in Nigeria and contribute to internal instability. Thus, as Nigeria represents a complex and multi-layered situation of internal displacement, it makes for an interesting case study to understand international protection of IDPs. This dissertation asks whether the current protection of IDPs' right to physical security in Nigeria complies with international human rights standards. The current international legal framework in place for the protection of IDPs is relatively extensive, and undergoes continuous development. The United Nations Guiding Principles for the Protection of Internally Displaced People and the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), as well as general human rights mechanisms, comprehensively set out the rights and guarantees for the protection of the physical security of IDPs. Although there has been great improvement in recent years relating to the legal protection of and assistance to IDPs, the de facto implementation and enforcement of these frameworks in Nigeria is not in full compliance with international human rights standards.

APA, Harvard, Vancouver, ISO, and other styles

50

Zawātī, Ḥilmī. "Just war, peace and human rights under Islamic and international law." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=28236.

Full text

Abstract:

The present thesis attempts a critical examination of the theory of war under Islamic and public international law, in an effort to demonstrate that jihad is a just, defensive, and exceptional form of warfare, geared to the maintenance of peace, and the protection of human rights for all people, whether those rights be exercised alone or in association with others, without distinction as to race, sex, language or religious belief. Through an examination of the norms of Islamic and public international law on armed conflict, this thesis argues that Islamic law, which governs the doctrine of jihad, is realistic and practical. Further, it made a great contribution to international humanitarian law more than a millennium before the codification of the four Geneva Conventions of 1949, and eight centuries before the appearance of Hugo Grotius treatise "De jure belli ac pacis libri tres" in 1625.
Furthermore, this comparative study reveals that the word jihad might be one of the most misunderstood terms in the history of Islamic legal discourse. This analysis also claims that the division of the world into dar al-Islam (territory of Islam) and dar al-harb (territory of war), which is not predicated on a state of mutual hostility, was dictated by particular events, and was not imposed by scripture. Moreover, this discussion provides that Islamic humanitarian law regulates conduct during a jihad on the basis of certain humane principles, compatible with those upon which modern international conventions are based. Finally, this thesis concludes that there is a unique relationship between jihad and the notion of just war, a matter which qualifies it as the bellum justum of Islam.

APA, Harvard, Vancouver, ISO, and other styles

Dissertations / Theses on the topic 'Challenges of International Human Rights Law'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles