International human rights law Part 27

 

How Supreme is the Supreme Law of the Land? Comparative Analysis of the Influence of International Human Rights Treaties Upon the Interpretation of Constitutional Texts by Domestic Courts
Yuval Shany
Brooklyn Journal of International Law
Volume 31, Number 2, 2006 p.341

Forced Labour in Brazil: International Criminal Law as the Ultima Ratio Modality of Human Rights Protection
JAMES L. BISCHOFF
Leiden Journal of International Law
Volume 19, Number 1, March 2006 p.151-193

International Law — Human Rights — European Court of Human Rights Finds Bulgaria Liable for Failure To Investigate Racially Motivated Killings. — Nachova v. Bulgaria, App. Nos. 43577/98 and 43579/98 (Eur. Ct. H.R. July 6, 2005) (Grand Chamber)
Harvard Law Review
Volume 119, Number 6, April 2006 p.1907

Select Articles on International Human Rights and Law of the Sea
Meenakshi Bhan
Indian Journal of International Law
Volume 45, Number 4, December 2005 p.589

Human Rights and Homo-sectuals: The International Politics of Sexuality, Religion, and Law
Jeffrey A. Redding
Northwestern University Journal of International Human Rights
Volume 4, Issue 3, Spring 2006 p.436

Between Policy and Principle: An Exploration of the Role of Human Rights in International Law
Andrew Imbrie
Dartmouth Law Journal
Volume 4, Issue 1, Winter 2006

Since its formal inception in 1648 with the Treaty of Westphalia , the subject and practice of international law has given rise to interminable debates over its precise character, application, and degree of effectiveness. These debates are largely centered on–and determined by–the extent to which sovereign nation-states are willing to cede their exclusive claim of a right to exercise supreme authority over a given territory to a supranational entity. As a result, the body of Treaties and customary norms that one regards today as comprising international law are of a relatively ambiguous character. According to the United Nations, the goal of international law is to encourage “respect for human rights and for fundamental freedoms,”and yet it must also pledge to abstain from intervening “in matters which are essentially within the domestic jurisdiction of any State.”Although ostensibly contradictory, these two goals are not necessarily mutually-exclusive of one another. What is missing–and consequently what prevents international law from realizing its full potential as a regulator of state actions–is a guiding principle or strategy to justify its response to humanitarian crises. In what follows, I argue in support of a qualified notion of human rights as the end or purpose to which international law ought to be directed.

Plomer: The Law and Ethics of Medical Research: International Bioethics and Human Rights
Modern Law Review
Volume 69, Number 2, March 2006 p.296

MAORI WOMEN CONFRONT Dl SCRIMINATION: USING International human rights law TO CHALLENGE DISCRIMINATORY PRACTICES
Kerensa Johnston
Indigenous Law Journal
Volume 4, Issue 1, Fall 2005 p.19

The Legality and Legitimacy of Unilateral Armed Intervention in an Age of Terror, Neo-Imperialism, and Massive Violations of Human Rights: Is International Law Evolving in the Right Direction?
J.-G. Castel
Canadian Yearbook of International Law
Volume 42, 2004 p.3

Tort au canadien: A Proposal for Canadian Tort Legislation on Gross Violations of International Human Rights and Humanitarian Law
Caroline Davidson
Vanderbilt Journal of Transnational Law
Volume 38, Number 5, November 2005 p.1403

Schoiswohl, Michael. Status and (Human Rights) Obligations of Non-recognized De Facto Regimes in International Law: The Case of ‘Somaliland’
Yael Ronen
American Journal of International Law
Volume 99, Number 4, October 2005 p.953

RETROACTIVE CRIMINAL LIABILITY AND INTERNATIONAL HUMAN RIGHTS LAW
BEN JURATOWITCH
British Year Book of International Law
Volume 75, 2004 p.337

 

Author: international

Mentioned in these Entries

International Criminal Law, International human rights law, Treaties, Treaty of Westphalia.