Archivo de Etiquetas: human rights law

International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains 'human rights' by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.

The Treaty on the Prohibition of Nuclear Weapons Author: Stuart Casey-MaslenISBN: 9780198830368Binding: HardcoverPublication Date: 24 March 2019Price: $175.00 Description This Commentary offers detailed background and analysis of the Treaty on the Prohibition of Nuclear Weapons, which was adopted at the UN Headquarters in New York in July 2017. The Treaty …

The Inter-American Court’s Advisory Opinion on Asylum and Its Impact for the Human Rights of Refugees Worldwide [Massimo Frigo is a Senior International Legal Advisor at the International Commission of Jurists.] 2018 continues to be a year marked by fierce disputes with regard to asylum, including what it is and …

Global Pact for the Environment: Defragging international law? A ‘defrag’ computer program that consolidates fragmented files on a hard drive holds metaphorical attraction for international lawyers. Our encounters with international law often seem to be specific to particular legal regimes, which have a functional orientation and professional sensibility that, in …

Supreme Court of Spain: UN Treaty Body individual decisions are legally binding The Spanish Supreme Court has established that the views expressed by UN Human Rights Treaty Bodies in individual complaints are binding on the State. The Court ordered Spain to pay €600,000 in compensation to Ángela González for the …

Towards an International Convention on Business and Human Rights by Carlos Lopez [Carlos Lopez is a Senior Legal Advisor at the International Commission of Jurists.] The first draft of one of the most important international human rights treaties of recent years, and instrument addressing on business and human rights has …

The Quandaries of Data Analysis and Methodologies in Rule of Law, Development, and Human Rights Assessments: New Challenges for UN Special Rapporteurs If Professor Hans Rosling’s famous last opus, Factfulness (April 2018), is to be believed (as well as Bill Gates’ effusive review here), we all tend to have grimmer views of …

Irregular migration after the Aquarius incident: moving beyond the law. A reflection on Fink and Gombeer Introduction Last month, EJIL: Talk! published a piece by Fink and Gombeer on the legality of Italy and Malta’s recent failure to provide a safe haven to a rescue vessel Aquarius. Essentially, the authors concluded …

The Aquarius incident: navigating the turbulent waters of international law Between Saturday 9 June and Sunday 10 June, 629 migrants were rescued from overcrowded boats in the Central Mediterranean in search and rescue (SAR) operations carried out by NGOs and the Italian navy. They were taken on board by the …

Lost Between Law Enforcement and Active Hostilities: A First Glance at the Israeli Supreme Court Judgment on the Use of Lethal Force During the Gaza Border Demonstrations In response to the ongoing violent clashes between the Israeli Defence Forces (IDF) and Palestinian protesters during the so-called ‘March of Return’ along …