Results for 'international human rights law'

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  1.  10
    The Global Language of Human Rights: A Computational Linguistic Analysis.David S. Law - 2018 - The Law and Ethics of Human Rights 12 (1):111-150.
    Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human (...)
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  2. Éthique Et Droits Fondamentaux.Guy Lafrance & International Conference on the Philosophy of Law - 1989
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  3.  11
    Global Constitutionalism and Its Legitimacy Problems: Human Rights, Proportionality, and International Investment Law.David Schneiderman - 2018 - The Law and Ethics of Human Rights 12 (2):251-280.
    How is legitimacy to be secured for constitution-like legal orders operating beyond the state? Some scholars recommend connecting aspects of global law to human rights adjudication and enforcement by adopting their preferred method for resolving conflicts, namely, proportionality analysis. Adopting a frame of analysis widely embraced by apex courts might generate the requisite regime legitimacy, it is argued. This turns out to be a strategy that is difficult to pursue in the realm of international investment law, a (...)
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  4.  62
    Corporate Social Responsibility and International Human Rights Law.Robert McCorquodale - 2009 - Journal of Business Ethics 87 (2):385 - 400.
    The United Nations Special Representative on Transnational Corporations and Human Rights, John Ruggie, has adopted a new framework for considering this issue within the international legal system. This article examines this framework in terms of its coherence, its consistency with international human rights law and how it can be 'operationalized' (which is required by the United Nations). In regard to the states legal obligation to protect human rights, it is considered whether this (...)
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  5.  73
    International Soft Law, Human Rights and Non-State Actors: Towards the Accountability of Transnational Corporations? [REVIEW]Elena Pariotti - 2009 - Human Rights Review 10 (2):139-155.
    During this age of globalisation, the law is characterised by an ever diminishing hierarchical framework, with an increasing role played by non-state actors. Such features are also pertinent for the international enforceability of human rights. With respect to human rights, TNCs seem to be given broadening obligations, which approach the borderline between ethics and law. The impact of soft law in this context is also relevant. This paper aims to assess whether, and to what extent, (...)
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  6.  28
    Implementing International Human Rights Law at Home: Domestic Politics and the European Court of Human Rights.Courtney Hillebrecht - 2012 - Human Rights Review 13 (3):279-301.
    The European Court of Human Rights (ECtHR) boasts one of the strongest oversight systems in international human rights law, but implementing the ECtHR’s rulings is an inherently domestic and political process. This article begins to bridge the gap between the Court in Strasbourg and the domestic process of implementing the Court’s rulings by looking at the domestic institutions and politics that surround the execution of the ECtHR’s judgments. Using case studies from the UK and Russia, (...)
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  7.  27
    Taking Universality Seriously: A Functional Approach to Extraterritoriality in International Human Rights Law.Yuval Shany - 2013 - Law and Ethics of Human Rights 7 (1):47-71.
    International human rights law has struggled to define a standard for determining the extraterritorial applicability of its norms that would reconcile the ethos of universal entitlement, on the one hand, with the centrality of borders in delineating state powers and responsibilities under international law, on the other hand. The case law of the UN Human Rights Committee and the European Court of Human Rights favors barring states from engaging in conduct outside their (...)
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  8.  24
    The Law and Ethics of Medical Research: International Bioethics and Human Rights.Aurora Plomer - 2005 - Cavendish.
    This book examines the controversies surrounding biomedical research in the twenty-first century from a human rights perspective, analyzing the evolution and ...
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  9.  1
    The Impact of International Human Rights Law Ratification on Local Discourses on Rights: the Case of CEDAW in Al-Anba Reporting in Kuwait.Rachel George - forthcoming - Human Rights Review:1-22.
    By most measures, the impact of international human rights law ratification in the Arab Gulf region primarily in the 1990s and 2000s has been minimal. Scholars have found little evidence of correlation between ratification of the core human rights conventions with the minimal improvements in human rights practice in the region. Ratification of most human rights instruments Arab Gulf states in recent decades has, however, offered new cases from which to explore (...)
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  10.  5
    Implementing International Human Rights Law in Post Conflict Settings - Backlash Without Buy-In: Lessons From Afghanistan.Leanne M. Smith - 2009 - Muslim World Journal of Human Rights 5 (1).
    This paper explores the difficulties of implementing international human rights standards in post conflict states, particularly in Islamic States, using Afghanistan as a case study. The paper will submit that imposing international human rights law with a ‘top down' approach is ineffective, using the example of the western-style Afghan constitution which contains many human rights protections, such as freedom of religion, that cannot be realized in contemporary Afghan society. It will be argued (...)
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  11. The Impact of International Human Rights Law Ratification on Local Discourses on Rights: the Case of CEDAW in Al-Anba Reporting in Kuwait.Rachel George - forthcoming - Human Rights Review:1-22.
    By most measures, the impact of international human rights law ratification in the Arab Gulf region primarily in the 1990s and 2000s has been minimal. Scholars have found little evidence of correlation between ratification of the core human rights conventions with the minimal improvements in human rights practice in the region. Ratification of most human rights instruments Arab Gulf states in recent decades has, however, offered new cases from which to explore (...)
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  12.  5
    Claims of Religious Morality: The Limits of Religious Freedom in International Human Rights Law.Alison Mawhinney - 2016 - Law and Ethics of Human Rights 10 (2):341-365.
    Journal Name: The Law & Ethics of Human Rights Issue: Ahead of print.
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  13. Narrative, Nature, and the Natural Law: From Aquinas to International Human Rights.C. Fred Alford - 2010 - Palgrave-Macmillan.
    Introduction -- Saint Thomas : putting nature into natural law -- Maritain and the love for the natural law -- The new natural law and evolutionary natural law -- International human rights, natural law, and Locke -- Conclusion : evil and the limits of the natural law.
     
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  14.  20
    Legal Pluralism and International Human Rights Law: Inherently Incompatible, Mutually Reinforcing or Something in Between?Helen Quane - 2013 - Oxford Journal of Legal Studies 33 (4):675-702.
    The relationship between legal pluralism and international human rights law is a complex and multi-faceted one. To fully appreciate the nature of this relationship, one has to desegregate the various forms of legal pluralism and analyse whether in their existence or operation they are compatible with international human rights law. This article undertakes such an exercise drawing on the jurisprudence of global and regional human rights bodies. In doing so, it goes beyond (...)
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  15.  5
    Paradigms of International Human Rights Law.Aaron Xavier Fellmeth - 2016 - Oxford University Press USA.
    Paradigms of International Human Rights Law explores the legal, ethical, and other policy consequences of three core structural features of international human rights law: the focus on individual rights instead of duties; the division of rights into substantive and nondiscrimination categories; and the use of positive and negative right paradigms. Part I explains the types of individual, corporate, and state duties available, and analyzes the advantages and disadvantages of incorporating each type of (...)
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  16.  19
    The Scope and Limits of the Freedom of Religion in International Human Rights Law.Dalia Vitkauskaitė-Meurice - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (3):841-857.
    The article examines the practice of the applicability of the Article 18 of the International Covenant on Civil and Political Rights (hereinafter—ICCPR) and Article 9 of the European Convention on Human Rights and Fundamental Freedoms (hereinafter—ECHR). Through the case—law of the European Court on Human Rights (hereinafter—ECtHR) and insights of the Human Rights Committee the author is investigating the content and limits of the freedom of religion. The article examines in detail the (...)
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  17. The Judicial Application of Human Rights Law: National, Regional and International Jurisprudence.Nihal Jayawickrama - 2017 - Cambridge University Press.
    Since the proclamation of the Universal Declaration of Human Rights, over 165 countries have incorporated human rights standards into their legal systems: the resulting jurisprudence from diverse cultural traditions creates new dimensions to concepts first articulated in 1948. In this revised second edition, Nihal Jayawickrama draws on extensive sources to encapsulate the judicial interpretation of human rights law in one comprehensive volume. Jayawickrama covers the case law of the superior courts of 103 countries in (...)
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  18. Human Rights, Legitimacy, and International Law.John Tasioulas - 2013 - American Journal of Jurisprudence 58 (1):1-25.
    The article begins with reflections on the nature, and basis, of human rights considered as moral standards. It recommends an orthodox view of their nature, as moral rights possessed by all human beings simply in virtue of their humanity and discoverable through the workings of natural reason, that makes them strongly continuous with natural rights. It then offers some criticisms of recent attempts to depart from orthodoxy by explicating human rights by reference to (...)
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  19.  89
    Discrepancies Between the Best Philosophical Account of Human Rights and the International Law of Human Rights.James Griffin - 2001 - Proceedings of the Aristotelian Society 101 (1):1-28.
    The best philosophical account of human rights regards them as protections of the values we attach to human agency. The international law of human rights is embodied in a large number of declarations, conventions, covenants, charters, and judicial decisions. There are many discrepancies between the lists of human rights that emerge from these two authoritative sources. This lecture explores the significance of these discrepancies.
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  20. Global Responsibility for Human Rights: World Poverty and the Development of International Law.Margot E. Salomon & Foreword by Stephen P. Marks - 2007 - Oxford University Press.
    Challenges to the exercise of the basic socio-economic rights of half the global population give rise to some of the most pressing issues today. This timely book focuses on world poverty, providing a systematic exposition of the evolving legal responsibility of the international community of states to cooperate in addressing the structural obstacles that contribute to this injustice. This book analyzes the approach, contribution, and current limitations of the international law of human rights to the (...)
     
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  21.  4
    The Presidential Address: Discrepancies Between the Best Philosophical Account of Human Rights and the International Law of Human Rights.J. Griffin - 2001 - Proceedings of the Aristotelian Society 101:1-28.
    The best philosophical account of human rights regards them as protections of the values we attach to human agency. The international law of human rights is embodied in a large number of declarations, conventions, covenants, charters, and judicial decisions. There are many discrepancies between the lists of human rights that emerge from these two authoritative sources. This lecture explores the significance of these discrepancies.
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  22.  53
    The Presidential Address Discrepancies Between the Bestphilosophical Account of Human Rights and the International Law of Human Rights.James Griffin - 2001 - Proceedings of the Aristotelian Society 101 (1):1–28.
    The best philosophical account of human rights regards them as protections of the values we attach to human agency. The international law of human rights is embodied in a large number of declarations, conventions, covenants, charters, and judicial decisions. There are many discrepancies between the lists of human rights that emerge from these two authoritative sources. This lecture explores the significance of these discrepancies.
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  23. Global Responsibility for Human Rights: World Poverty and the Development of International Law.Margot E. Salomon - 2007 - Oxford University Press UK.
    Challenges to the exercise of the basic socio-economic rights of half the global population give rise to some of the most pressing issues today. This timely book focuses on world poverty, providing a systematic exposition of the evolving legal responsibility of the international community of states to cooperate in addressing the structural obstacles that contribute to this injustice. This book analyzes the approach, contribution, and current limitations of the international law of human rights to the (...)
     
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  24.  31
    State Consent Vs. Human Rights as Foundations for International Law.Jordy Rocheleau - 2007 - Social Philosophy Today 23:117-132.
    The traditional view that legitimate international law is founded on the consent of the states subject to it has come under increasing attack by liberals, such as Allen Buchanan, who argue for a cosmopolitan order in which the protection of human rights norms is legally foundational. The cosmopolitan argument presupposes that human rights would be better preserved by doing away with the requirement of state consent. However, state consent is seen to be necessary for protecting (...)
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  25.  22
    Human and Nothing but Human’: How Schmittian is Hannah Arendt's Critique of Human Rights and International Law?Liisi Keedus - 2011 - History of European Ideas 37 (2):190-196.
    (2011). ‘Human and nothing but human’: How Schmittian is Hannah Arendt's critique of human rights and international law? History of European Ideas: Vol. 37, No. 2, pp. 190-196.
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  26.  13
    Islamic Law and International Human Rights Norms.Raed Abdulaziz Alhargan - 2012 - Muslim World Journal of Human Rights 9 (1).
    Human rights in Islam is a complex issue on which influential Muslims have expressed diverse perspectives. This article identifies the different views held by several scholars, and examines the way in which those views are reflected or contested in contemporary Islamic discourses and particularly the discourses of Saudi scholars. It also argues that different opinions are not necessarily based on a specific Islamic sect but on the perception of international norms and on the readings and interpretation of (...)
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  27.  30
    Taking Universality Seriously: A Functional Approach to Extraterritoriality in International Human Rights Law.Yuval Shany - 2013 - The Law and Ethics of Human Rights 7 (1).
  28.  9
    Claims of Religious Morality: The Limits of Religious Freedom in International Human Rights Law.Mawhinney Alison - 2016 - The Law and Ethics of Human Rights 10 (2).
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  29.  16
    Unilateral Economic Sanctions, International Law, and Human Rights.Idriss Jazairy - 2019 - Ethics and International Affairs 33 (3):291-302.
    As part of the roundtable “Economic Sanctions and Their Consequences,” this essay examines unilateral coercive measures. These types of sanctions are applied outside the scope of Chapter VII of the United Nations Charter, and were developed and refined in the West in the context of the Cold War. Yet the eventual collapse of the Berlin Wall did not herald the demise of unilateral sanctions; much to the contrary. While there are no incontrovertible data on the extent of these measures, one (...)
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  30. International Human Rights in National Law.Martin Scheinin - 1999 - In Raija Hanski Markku Suksi (ed.), An Introduction to the International Protection of Human Rights. A Textbook.
     
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  31. Is Today's International Human Rights System a Global Governance Regime?James W. Nickel - 2002 - The Journal of Ethics 6 (4):353-371.
    Enthusiasts of the idea of globalization often view international human rights institutions as part of an emerging global governance regime. They claim that these institutions illustrate how state sovereignty is being diminished. This paper looks at the international system for thepromotion and protection of human rights aspart of normative globalization. It arguesthat this system does not constitute a systemof global governance, although in some areas itcomes close.
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  32. The International Significance of Human Rights.Thomas Pogge - 2000 - The Journal of Ethics 4 (1-2):45-69.
    A comparative examination of four alternative ways of understandingwhat human rights are supports an institutional understanding assuggested by Article 28 of the Universal Declaration: Human rightsare weighty moral claims on any coercively imposed institutionalorder, national or international (as Article 28 confirms). Any suchorder must afford the persons on whom it is imposed secure accessto the objects of their human rights. This understanding of humanrights is broadly sharable across cultures and narrows the philosophical and practical (...)
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  33.  10
    Summary: Why Constitutional Democracy Requires International Human Rights Law.Jamie Mayerfeld - 2018 - Human Rights Review 19 (3):369-371.
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  34.  16
    The International Financial Institutions and Human Rights: Law and Practice. [REVIEW]Koen De Feyter - 2004 - Human Rights Review 6 (1):56-90.
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  35.  23
    The Duty of States to Assist Other States in Need: Ethics, Human Rights, and International Law.Lawrence O. Gostin & Robert Archer - 2007 - Journal of Law, Medicine and Ethics 35 (4):526-533.
    In this article, Gostin and Archer explore the varied lenses through which governments are obligated to address humanitarian needs. States’responsibilities to help others derive from domestic law, political commitments, ethical values, national interests, and international law. What is needed, however, is clarity and detailed standards so that States can operationalize this responsibility, making it real for developing countries. Transnational cooperation needs to be more effective and consistent to provide assistance for the world's poorest and least healthy people.
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  36.  27
    The Limits of Ethics in International Relations: Natural Law, Natural Rights, and Human Rights in Transition.David Boucher - 2009 - Oxford University Press.
    In his major new work, David Boucher surveys the history of thinking about human rights and shows that far from being seen as universal and emancipatory, they have almost always privileged certain groups in relation to others.
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  37.  41
    David N. Weisstub and Guillermo Diaz Pintos, Eds, Autonomy and Human Rights in Health Care. International Library of Ethics, Law, and the New Medicine, Vol. 36: Dordrecht, The Netherlands: Springer, 2008. [REVIEW]Kevin Wm Wildes - 2011 - Human Rights Review 12 (1):143-144.
  38.  15
    International Law and Voter Preferences: The Case of Foreign Human Rights Violations.Tonya L. Putnam & Jacob N. Shapiro - 2017 - Human Rights Review 18 (3):243-262.
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  39.  27
    Priority for Human Rights or for International Law?Christine von Kohl - 2000 - Human Rights Review 1 (2):88-93.
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  40. Human Rights and the Autonomy of International Law.James Griffin - 2010 - In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. Oxford University Press. pp. 339--355.
  41.  14
    Plomer, Aurora. The Law and Ethics of Medical Research: International Bioethics and Human Rights (Cavendish Publishing, 2005). [REVIEW]Kevin Wm Wildes - 2008 - Human Rights Review 9 (1):155-156.
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  42.  8
    Legal Constraints on the International Community's Responses to Gross Violations of Human Rights and Humanitarian Law in Kosovo, East Timor, and Chechnya.John P. Cerone - 2001 - Human Rights Review 2 (4):19-53.
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  43.  7
    Priority for Human Rights or for International Law?Christine Kohl - 1999 - Human Rights Review 1 (2):88-93.
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  44.  6
    Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy: Steven R. Ratner and Jason S. Abrams. 2nd Ed. Oxford: Oxford University Press, 2001. [REVIEW]Steven D. Roper - 2004 - Human Rights Review 5 (4):130-131.
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  45.  41
    Improving the Effectiveness of the International Law of Human Trafficking: A Vision for the Future of the US Trafficking in Persons Reports. [REVIEW]Anne T. Gallagher - 2011 - Human Rights Review 12 (3):381-400.
    In 2000, the United States Congress passed the Victims of Trafficking and Violence Protection Act requiring its State Department to issue annual Trafficking in Persons Reports (TIP Reports) describing “the nature and extent of severe forms of trafficking in persons” and assessing governmental efforts across the world to combat such trafficking against criteria established by US law. This article examines the opportunities and risks presented by the TIP Reports, tracing their evolution over the past decade and considering their impact on (...)
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  46. Politicizing Human Rights (Using International Law).Anat Biletzki - 2010 - In Larry May & Zachary Hoskins (eds.), International Criminal Law and Philosophy. Cambridge University Press.
  47.  6
    The Law Applicable to Governmental Liability for Violations of Human Rights in World War II: Questions of Private International Law From the German Perspective.Paul Volken & Petar Sarcevic - 2009 - In Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume Iii. Sellier de Gruyter.
  48.  4
    Issues of Private International Law and Civil Procedure Arising Out of the U.S. Civil Suits for Forced Labor Duringworld War II: To What Extent Do U.S. Conflict and Procedural Rules Obstruct Private Liability for Wartime Human Rights Violations? [REVIEW]Paul Volken & Petar Sarcevic - 2009 - In Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume Iii. Sellier de Gruyter.
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  49.  7
    The Fragility of International Human Rights Law.Lorenzo Zucca - 2016 - Ethics and International Affairs 30 (4):491-499.
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  50. Kuochi Jênch'üan Kungyüeh Chih Neikuo Hsiaoli I Kungmin Yü Chêngchih Ch'üan Kungyüeh Chi Chingchi Shêhui Wênhuach'üan Kungyüeh Shihhsingfa Weili [The Domestic Applicability of International Human Rights Law─ Take ICCPR and ICESCR as Examples].Y. K. Chen - forthcoming - T’Ai Wan Fa Hsiao Hui [Taiwan Law Society](Ed.), Taiwan Fasyue Sinketi [the Future Issue of Law in Taiwan].
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