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Journal articles on the topic 'Human rights law'

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1

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

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2

Malkhandi, Mita, and Akash Chatterjee. "Law and Human Rights." Shodh Sankalp Journal 1, no. 2 (2021): 63–72. http://dx.doi.org/10.54051/shodh.2021.1.2.3.

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The overarching ambit of law today encompasses not only the custodian of protecting the fundamental rights of individuals but also the right to live with dignity. This dignity comes not only from ascribed rights that an individual is entitled to, but also with a right to fair survival. The current pandemic has shown not only how a microscopic virus can drive people out of employment and how environment is a supremely important factor to our survival. While health is both a duty and a right so is the Environment. Social Justice is not simply an aim of the legal system, but also a framework and
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3

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

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Human rights and trademark laws do not go well together. This is partly the result of an educational tradition and the division of legal research into private and commercial law on the one hand and public law, international law and human rights law on the other. This division is also reinforced by the historical judiciary in many countries. However, human rights concerns are becoming more and more relevant in trademark law. Keywords: Intellectual property, trademark, human rights, freedom of expression, privacy, property
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4

Boxberg, Miriam H., and Catherine E. Gascoigne. "Human Rights Law." Cambridge Journal of International and Comparative Law 3, no. 1 (2014): 221–28. http://dx.doi.org/10.7574/cjicl.03.01.157.

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5

Тасіулас, Д. "Saving Human Rights from Human Rights Law." Philosophy of law and general theory of law, no. 1 (December 15, 2020): 172–215. http://dx.doi.org/10.21564/2227-7153.2020.1.219080.

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6

ugli, Akmalkhonov Bosithon Azizkhon. "LEGAL ISSUES OF PROTECTION OF PROPERTY LAW AS A HUMAN RIGHT IN INTERNATIONAL PUBLIC LAW." International Journal of Law And Criminology 4, no. 7 (2024): 24–29. http://dx.doi.org/10.37547/ijlc/volume04issue07-05.

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This article examines the legal issues surrounding the protection of property rights as a fundamental human right under international public law. It traces the historical development of property rights, analyzes key international legal instruments and court cases that have defined and interpreted this right, and explores challenges in balancing private property rights with public interests and state sovereignty. The article concludes that while property rights are well-established as a human right, their scope and implementation continue to evolve through international legal mechanisms.
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7

Stürmer, Gilberto. "HUMAN RIGHTS AND LABOR LAW." Novos Estudos Jurí­dicos 24, no. 3 (2019): 721. http://dx.doi.org/10.14210/nej.v24n3.p721-735.

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This text addresses the right to work, and labor law based on the Protocol of San Salvador, which is part of the American Convention on Human Rights, also called the Pact of San José, Costa Rica. The aims of Labor and labor legislation within the scope of human rights, and also in Brazilian constitutional system as part of the fundamental rights and guarantees, is to achieve a Democratic State of Law and social justice, which are the basis of a fair and fraternal society. This investigation is linked to positive or negative social impact of the regulations on the right to work and labor law, b
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8

DORANTES, Roberto Parra. "ORIGINALISM, RULE OF LAW AND HUMAN RIGHTS." International Journal of Theology, Philosophy and Science 4, no. 6 (2020): 43–53. http://dx.doi.org/10.26520/ijtps.2020.4.6.43-53.

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9

Michaels, Ralf. "The right to have private rights." University of Toronto Law Journal 74, Supplement 1 (2024): 128–50. http://dx.doi.org/10.3138/utlj-2023-0142.

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Hannah Arendt, famously, was no believer in human rights. Human rights, she thought, are unsatisfactory because they are territorially unlimited but ineffective. Her own alternative – the right to have rights, through membership in a political community – is not satisfactory either: such rights are effective but territorially limited and subject to the state’s discretion. Drawing on Karen Knop’s ‘private citizenship,’ this article suggests that a private international perspective may provide answers to these shortcomings. First, we should view private rights and private international law as th
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10

Y. Sonafist. "Epistemology of Islamic Law Concerning Human Rights." Hikmatuna : Journal for Integrative Islamic Studies 9, no. 1 (2023): 64–77. http://dx.doi.org/10.28918/hikmatuna.v9i1.985.

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Human rights law in the context of answering human rights debate as the spirit of constitutional law, international law, and criminal law. civil law, and procedural law with a blended approach international law and national law. In the Islamic context, the understanding of Human Rights is studied through the understanding of Islamic Law itself. The problems inherent in humans are of interest to scientists, philosophers, and legal experts because humans have inherent will, rights, and freedom. in Islam, all human rights are obligations of a state or individual that cannot be ignored. Hence, hum
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11

Shcherbanyuk, Oksana, and Laura Bzova. "Rule of Law and Human Rights: Analysis of International Standards and Case Law." Perspectives of Law and Public Administration 13, no. 1 (2024): 25–32. http://dx.doi.org/10.62768/plpa/2024/13/1/03.

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The EU's human rights policies and actions have two main components: protecting the fundamental rights of EU citizens and promoting human rights around the world. One of the aspects that the UN focuses on is the relationship between democracy and human rights, as the organisation upholds the importance of equal political participation of citizens of its states and full respect for human rights, including the recognition, protection and promotion. As defined by the United Nations International Children's Emergency Fund (UNICEF), human rights are norms that recognise and protect the dignity of a
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12

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

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In the current paper, taking into account the transboundary rivers’ special importance and value, it is proposed that “International Law of Transboundary Rivers” should be established as an autonomous legal branch of International Law. Firstly, a legal framework for International Law of Transboundary Rivers is proposed, and then suggestions are made for its strengthening. It is argued that the governance of transboundary rivers is closely linked and promotes the maintenance of international peace and security, and all the other primary purposes of International Law. Moreover, the connection of
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13

Moussa, Jasmine. "Overview: Human Rights Law." Cambridge Journal of International and Comparative Law 1, no. 2 (2012): 123–26. http://dx.doi.org/10.7574/cjicl.01.02.27.

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14

Ridi, Niccolò. "Overview: Human Rights Law." Cambridge Journal of International and Comparative Law 3, no. 1 (2014): 286–90. http://dx.doi.org/10.7574/cjicl.03.01.163.

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15

Knox, John H. "Horizontal Human Rights Law." American Journal of International Law 102, no. 1 (2008): 1–47. http://dx.doi.org/10.1017/s0002930000039828.

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What duties, if any, does international human rights law establish for individuals, corporations, and other private actors? For many years, the conventional answer has been that it places duties on states to respect the rights of individuals and creates few or no private duties. In other words, human rights law is aligned vertically, not horizontally. But that view has regularly been challenged. Most recently, in 2003, the United Nations Commission on Human Rights (Commission), historically the most important incubator of human rights agreements, received two proposed instruments that might ap
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16

Hesselman, Marlies. "Human Rights Law (2018)." Yearbook of International Disaster Law 1, no. 1 (2019): 398–408. http://dx.doi.org/10.1163/26662531-01001026.

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17

Freeman, Michael. "Left, right and human rights." Res Publica 3, no. 2 (1997): 213–20. http://dx.doi.org/10.1007/bf02333605.

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18

Rambe, Rahmansyah Fadlul Al Karim, Muhammad Aufa Abdillah Sihombing, and Nurhoneyda Winata P. "Implikasi Perlindungan Hak Asasi Manusia Dalam Hukum Pidana." Jurnal Ilmiah Penegakan Hukum 11, no. 1 (2024): 24–31. http://dx.doi.org/10.31289/jiph.v11i1.11182.

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This study aims to examine and analyze the implications of human rights protection in criminal law. The results of the study indicate that human rights protection is one of the important principles in criminal law. Human rights protection in criminal law aims to ensure that everyone suspected or accused of committing a crime receives fair and humane treatment. Human rights protection has become a major focus in the context of criminal law in various countries. This article explores the implications arising from human rights protection within the criminal law framework. In this context, the mai
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19

Mahbubur Rahman, Md. "International Human Rights Law, Economic Globalization and FDI." International Journal of Science and Research (IJSR) 13, no. 9 (2024): 478–83. http://dx.doi.org/10.21275/sr24908220550.

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20

Sonafist, Y. "Human Rights In Islamic Law." Interdiciplinary Journal and Hummanity (INJURITY) 2, no. 6 (2023): 494–500. http://dx.doi.org/10.58631/injurity.v2i6.81.

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Many scholars write about textbooks on human rights both on a global scale and in Indonesia, but we find incompleteness on how human rights become practical and have value, a phrase in the book Human Rights Law. slightly) from the historical development of the birth of an understanding of human rights. And from an Islamic perspective we will read and see in the understanding of Islamic law itself. The problems inherent in human beings are something that attracts scientists, philosophers and also legal experts. Because in the human being itself is stored the will, rights and freedom that are in
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21

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

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The numerous interconnections between the environment and human rights are well established internationally. It is understood that environmental issues such as pollution, deforestation or the misuse of resources can impact on individuals’ and communities’ enjoyment of fundamental rights, including the right to health, the right to an adequate standard of living, the right to self-determination and the right to life itself. These are rights which are guaranteed under international human rights law and in relation to which governments bear certain responsibilities. Further, environmental issues
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22

Hallett, Dominique. "RIGHTS! Civil and Human Rights Law Portal." DttP: Documents to the People 49, no. 1 (2021): 7–8. http://dx.doi.org/10.5860/dttp.v49i1.7536.

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On September 1, 2020, LLMC, a non-profit Minnesota-based consortium of law libraries, launched the open-access portal RIGHTS! (http://www.llmc.com/rights/home.aspx). If you are looking for primary materials such as current constitutions, human/civil rights acts, Non-Governmental Organizations’ websites, advocacy organizations, and other resources specifically dealing with injustices regarding marginalized parties, this is the place to look. Their stated mission is preserving legal titles and government documents, while making copies inexpensively available digitally through its on-line service
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23

Cruft, Rowan. "Human Rights Law Without Natural Moral Rights." Ethics & International Affairs 29, no. 2 (2015): 223–32. http://dx.doi.org/10.1017/s0892679415000088.

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In this latest work by one of our leading political and legal philosophers, Allen Buchanan outlines a novel framework for assessing the system of international human rights law—the system that he takes to be the heart of modern human rights practice. Buchanan does not offer a full justification for the current system, but rather aims “to make a strong prima facie case that the existing system as a whole has what it takes to warrant our support of it on moral grounds, even if some aspects of it are defective and should be the object of serious efforts at improvement” (p. 173).
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24

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

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This Essay examines the globalization of human rights law, a rather recent legal development which has occurred in two parallel ways: human rights have become part of most national constitutions and have been enshrined in widely accepted international treaties. The central question of this Essay is the utility of international law in the field of human rights protection. The conclusion is that ideally human rights protection should be a national matter, but in an imperfect world, with failing national protection, international human rights protection is a necessary alternative. This Essay exam
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25

Rhéaume, Jean. "Human Rights and Human Nature." Revue générale de droit 28, no. 4 (2016): 523–34. http://dx.doi.org/10.7202/1035619ar.

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At least two important consequences follow from the fact that human rights are based on human nature. First, they exist according to natural law even in cases where positive law does not recognize them. Secondly, they cannot evolve because the nature and purpose of the human being does not change: only their formulation and level of protection in positive law can vary according to the socio-historical context.
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26

Rudolf, Beate. "Human Rights in Germany – A View from Germany's National Human Rights Institution." International Journal of Legal Information 44, no. 1 (2016): 50–58. http://dx.doi.org/10.1017/jli.2016.7.

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AbstractThis paper discusses the protection of human rights in Germany through the interplay of constitutional law and international human rights law. It also explores the relationship between specialized human rights treaties on the rights of women, children, and persons with disabilities with “general” human rights treaties and their added value. It will highlight current human rights issues, such as the treatment of refugees, the protection against racist discrimination, and the right to privacy in the digital age.
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27

Tigre, Maria Antonia. "International Recognition of the Right to a Healthy Environment: What Is the Added Value for Latin America and the Caribbean?" AJIL Unbound 117 (2023): 184–88. http://dx.doi.org/10.1017/aju.2023.28.

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Although there is still no United Nations treaty on the right to a healthy environment, the recognition of the right by the UN General Assembly and the UN Human Rights Council have helped solidify its status as customary international law. The overwhelming recognition of the right at the national and regional levels, and now at the United Nations, evidences greater uniformity and certainty in understanding human rights obligations relating to the environment. But what value do the resolutions add to the regional recognition of the right in Latin America and the Caribbean (LAC)? Through judicia
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28

Bílková, Veronika. "Economic Sanctions Against Individuals and Human Rights Law." Austrian Review of International and European Law Online 27, no. 1 (2024): 193–218. http://dx.doi.org/10.1163/9789004705555_010.

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Abstract The paper discusses human rights implications of economic sanctions against individuals, typically asset freezing. It shows that it is now largely accepted that states (and the EU), when implementing sanctions imposed by other actors (the UN) remain responsible for the compatibility of the implementing measures with human rights and that individuals targeted by sanctions are within their jurisdiction. The paper also demonstrates that economic sanctions against individuals may violate certain procedural rights, mainly the right to be heard and the right to effective remedies. Finally i
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29

Harpum, Charles. "Hunting rights and human rights." Cambridge Law Journal 58, no. 3 (1999): 461–99. http://dx.doi.org/10.1017/s0008197399283018.

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30

Ladychenko, Viktor, and Anton Mykytiuk. "Environmental rights protection in the European Court of Human Rights." LAW. HUMAN. ENVIRONMENT 14, no. 4 (2023): 24–36. http://dx.doi.org/10.31548/law/4.2023.24.

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A relevant issue of environmental law in Ukraine is the total violation of environmental human rights and the lack of guarantees for their restoration, as well as the imperfection of the procedure for bringing violators to justice. Since Ukraine is an active participant in international relations in the field of environmental protection, and the basic principles of foreign policy are enshrined in the Constitution of Ukraine, an appeal to the European Court of Human Rights may be a way to defend the violated rights to a clean environment. The study aims to examine the issue of environmental rig
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31

Bektasheva, Aida. "Reshaping International Investment Regime from Human Rights Perspective." Perspectives of Law and Public Administration 13, no. 2 (2024): 201–9. http://dx.doi.org/10.62768/plpa/2024/13/2/01.

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The impact of foreign investment on the human rights generally has increased and interaction between them has shown to be complex in nowadays. Human rights considerations enter into the discourse of international investment law since increasing number of states are beginning to include references to human rights in their investment treaties and investor-state contracts, in particular for the new generation of investment treaties. Human rights related issues have played a vital role in various contexts of investment proceedings as w ell and whether an investment tribunal can apply to human righ
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32

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

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International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with th
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33

Dassesse, Marc. "Human Rights, European Law and Tax Law." EC Tax Review 3, Issue 3 (1994): 86–90. http://dx.doi.org/10.54648/ecta1994018.

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34

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

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35

Novenanty, Wurianalya Maria. "Between Human Rights and Justice Principle in Children’s Civil Rights." MELINTAS 32, no. 2 (2017): 132. http://dx.doi.org/10.26593/mel.v32i2.2675.132-147.

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Children’s rights are fundamental in a country. Children are the future generation of a country. They have rights in civil law field. The examples of such rights are the right to have family name, the right to get alimony, and the right to get inheritance from the parents. Indonesian Law Number 1 of 1974 regarding Marriage (Marriage Law) distinguishes the civil rights of legitimate and illegitimate children. In 2010, the Indonesian Constitutional Court produced a decision which became a controversial decision because it was deemed to ‘legalize’ illegitimate child to have the same rights as leg
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36

Fhirnanda, Ditha Yulia, Xie Guilin, and Deng Jiao. "Women's Human Rights: The Importance of Human Rights for Women in Indonesia." International Journal of Educational Narratives 1, no. 4 (2023): 170–74. http://dx.doi.org/10.55849/ijen.v1i4.281.

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Background. Currently, the law is still considered discriminatory and unfair. The law should be fair, especially to women. Purpose. The goal is for men and women to have equal rights to participate in social and state activities. Method. This article is made using a quantitative method that conducts research to several people, especially women, so that the author knows whether people know about human rights for women, gender equality, and violence experienced by women and law enforcement against women's human rights. Results. In life, the achievement of equality of the dignity of women has not
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37

Arifin, Mochammad. "ANALISIS REGULASI PENEGAKAN HUKUM HAK ASASI MANUSIA (HAM) DI INDONESIA." SINDA: Comprehensive Journal of Islamic Social Studies 3, no. 1 (2023): 47–53. http://dx.doi.org/10.28926/sinda.v3i1.889.

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This article discusses law enforcement regarding human rights in Indonesia based on law positive in Indonesia. The author chose this title because until now law enforcement in particular related to human rights in Indonesia is still not optimal. Main problem in this article are: how the law is applied to violations of human rights, which institutions prosecute human rights violators, means of settlement used in cases of violations of human rights in Indonesia. The conclusion of the problems discussed is the application of law to violations of human rights in Indonesia is guided by law no. 26 y
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38

Albers, Julie H. "Human Rights and Climate Change." Security and Human Rights 28, no. 1-4 (2018): 113–44. http://dx.doi.org/10.1163/18750230-02801009.

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This article explores the opportunities to use international human rights law to protect one’s right to life against the effects of climate change. It discusses four legal avenues: greening the existing human rights paradigm, formulating a new substantive right to the environment, public interest litigation and intergenerational justice. This is illustrated with case law from the European Court of Human Rights and various national jurisdictions. The main finding is that the human rights system should become more open towards public interest litigation and intergenerational justice, complemente
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39

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

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40

Eleanora, Fransiska Novita, and Andang Sari. "Human Rights and Law Enforcement." Lambung Mangkurat Law Journal 4, no. 1 (2019): 114. http://dx.doi.org/10.32801/lamlaj.v4i1.100.

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Humans born into the world have declared their rights and naturalrights as gifts from the Almighty, God and every State must recognize them aslegal subjects who must always be respected and protected to realize human valueswell. Therefore; no one can or can act negatively, including the state or even theauthorities or the government. Conceptually, a country that is expected to realizeit is only a legal state that is considered legitimate and adheres to the notion ofdemocracy, namely democracy will become a rule and law. The realization of therule of law is to take action against perpetrators w
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41

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

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In 1916, at the first meeting of the then newly created American Institute of International Law, jurists from different countries adopted a declaration stipulating that “[i]nternational law is at one and the same time both national and international.”1 A century later, Latin American international human rights law clearly reflects that idea. Since the adoption of the American Declaration of the Rights and Duties of Man in 1948, and especially since the 1950s, with the creation of the Inter-American Commission on Human Rights, and later with the adoption of the American Convention on Human Righ
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42

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

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Purpose: international space law, consisting of five international agreements and 7 resolutions of the United Nations General Assembly does not contain directly any provision that would hint to human rights. It cannot however be realistically perceived that there is any field of international law that would not be affected by human rights. Space Law provides an opportunity to be influenced by human rights. Article III of the Outer Space Treaty of 1967 allows the application of other areas of international law, such as human rights, in case of this area not being mentioned by the lex specialis
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43

Abdullah, Muntasir, and Safrizal. "Stoning Law and Human Rights." Britain International of Humanities and Social Sciences (BIoHS) Journal 2, no. 3 (2020): 765–72. http://dx.doi.org/10.33258/biohs.v2i3.493.

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The law contained in Islam can provide values and an essential sense of justice for all Muslim and non-Muslim human beings. One of the laws in Islam is stoning. Adultery is an act that has been forbidden by Allah and is included in a big and very heinous sin. The application of the law of stoning was first applied in Islam before the conquest of Mecca (fathul Mecca), and before the revelation of Surah An-Nur verse 2 regarding vols (whips), Most scholars agree that for adulterers who are muhsan the punishment is death by being stoned with stones or the like. However, there is no reference that
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44

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

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45

Tkalych, Maxym, Oksana Safonchyk, and Yuliia Tolmachevska. "Private Law and Human Rights." DIXI 22, no. 2 (2020): 1–12. http://dx.doi.org/10.16925/2357-5891.2020.02.04.

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Point of view: One of the basic concepts that underlies law as a phenomenon, as well as private law as one of the two areas of law, is the concept of natural law. This concept presupposes that rights and freedoms are an inalienable good of every person, regardless of the will of any external institutions. The ideas of natural law have been expressed in the concept of private law (the fundamental principles of private law are such principles as justice, good faith, reasonableness, dispositiveness, legal certainty, inadmissibility of interference in private affairs, inviolability of property rig
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46

O'Manique, John. "Development, Human Rights and Law." Human Rights Quarterly 14, no. 3 (1992): 383. http://dx.doi.org/10.2307/762372.

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47

Moustafa M, Abdel Wadoud. "Human Rights in Islamic Law." Social Sciences 7, no. 5 (2012): 683–88. http://dx.doi.org/10.3923/sscience.2012.683.688.

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48

McInerny, R. "Natural Law and Human Rights." American Journal of Jurisprudence 36, no. 1 (1991): 1–14. http://dx.doi.org/10.1093/ajj/36.1.1.

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49

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

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50

Rice, Simon. "Queensland’s new human rights law." Alternative Law Journal 45, no. 1 (2020): 3. http://dx.doi.org/10.1177/1037969x20903537.

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