10 found
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  1. The UN Security Council, normative legitimacy and the challenge of specificity.Antoinette Scherz & Alain Zysset - 2020 - Critical Review of International Social and Political Philosophy:371-391.
    This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of these purposes are minimally (...)
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  2. Proportionality as procedure: Strengthening the legitimate authority of the UN Committee on Economic, Social and Cultural Rights.Antoinette Scherz & Alain Zysset - 2021 - Global Constitutionalism 10 (3):524-546.
    The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...)
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  3.  6
    When the European Court of Human Right Speaks What Should It Say?Alain Zysset - 2016 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 6 (1).
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    ‘Constitutionalism and Covid-19: Broadening the Lens’ with Jus Cogens.Alain Zysset & Neus Vidal-Marti - 2022 - Jus Cogens 4 (3):203-205.
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  5.  10
    Charles Beitz’ idea of human rights and the limits of law.Alain Zysset - 2022 - Critical Review of International Social and Political Philosophy 25 (1):87-106.
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    Charles Beitz’ idea of human rights and the limits of law.Alain Zysset - 2022 - Critical Review of International Social and Political Philosophy 25 (1):87-106.
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  7.  15
    Human rights: moral or political?: edited by Adam Etinson, Oxford, Oxford University Press, 2018, 528 pp., £60 , ISBN: 9780198713258.Alain Zysset - 2019 - Jurisprudence 10 (2):281-288.
    Volume 10, Issue 2, June 2019, Page 281-288.
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  8.  30
    Right, Crime, and Court: Toward a Unifying Political Conception of International Law.Alain Zysset - 2018 - Criminal Law and Philosophy 12 (4):677-693.
    It is widely acknowledged that human rights law and international criminal law share core normative features. Yet, the literature has not yet reconstructed this underlying basis in a systematic way. In this contribution, I lay down the basis of such an account. I first identify a similar tension between a “moral” and a “political” approach to the normative foundations of those norms and to the legitimate role of international courts and tribunals adjudicating those norms. With a view to bring the (...)
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  9.  13
    The Common Core between Human Rights Law and International Criminal Law: A Structural Account.Alain Zysset - 2019 - Ratio Juris 32 (3):278-300.
    Legal scholars and theorists have recently drawn a more sustained attention to the link between international human rights law (hereafter IHRL) and international criminal law (hereafter ICL). This concerns both positive and more normative accounts of the link. Whether positive or normative, the predominant approach to constructing the link is substantive. This overlap is normatively justified in similar terms by reference to a subset of moral human rights. In this paper, I offer an alternative to the substantive approach. After identifying (...)
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  10.  12
    To Derogate or to Restrict? The COVID-19 Pandemic, Proportionality and the Justificatory Gap in European Human Rights Law.Alain Zysset - 2022 - Jus Cogens 4 (3):285-301.
    In this paper, I offer an analytical and normative framework to re-visit the question of whether state parties should derogate from the European Convention on Human Rights (ECHR) in order to combat the COVID-19 pandemic via harsh ‘lockdown’ measures. It is three-pronged. First, I show that the predominant debate on the (non-)derogation question is informed by a textual approach to adjudication, which severely limits the analytical and evaluative horizon for addressing the issue. Most importantly, it cannot address one salient fact (...)
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