International human rights law Part 24

International human rights law in Australian courts: A role for amici curiae and interveners
Simone Cusack and Cecilia Riebl
Alternative Law Journal
Volume 31, Number 3, September 2006

Legal practitioners have under-utilised international human rights law in Australian courts. The authors argue that third party intervention, specifically the amicus curiae and intervener mechanisms, provide an opportunity to develop such jurisprudence domestically. This article considers the role and purpose of amici curiae and interveners, exploring a number of recent cases in which third party interventions have facilitated arguments based in international human rights law.

Human Rights & Gender Violence: Translating International Law into Local Justice
Sally Engle Merry
Berkeley Journal of Gender, Law & Justice
Volume 21, 2006 p.241

Sally Engle Merry, Human Rights & Gender Violence: Translating International Law into Local Justice
Angelita D. Reyes
Human Rights Quarterly
Volume 28, Number 4, November 2006 p.1088

Breaching the Vacuum: A Consideration of the Role of International Human Rights Law in the Operations of the International Financial Institutions
Adam Mcbeth
International Journal of Human Rights
Volume 10, Number 4, December 2006 p.385-404

Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law by Anne Orford
Dino Kritsiotis
Modern Law Review
Volume 69, Number 6, November 2006 p.1026

THE LAW OF NATURE AND INTERNATIONAL HUMAN RIGHTS
Dallas K. Miller
Oak Brook College Journal of Law and Government Policy
Volume 2, 2003 p.22

“TO CONSTRUE AND APPLY”: DOES THE IMMIGRATION AND REFUGEE PROTECTION ACT ASSIGN PRIORITY TO INTERNATIONAL HUMAN RIGHTS LAW?
Aniz Alani
University of Toronto Faculty of Law Review
Volume 64, Number 2, Spring 2006 p.107

The Judicial Invocation of International Human Rights Law in Bangladesh: Questing a Better Approach
Ridwanul Hoque and Mostafa Mahmud Naser
Indian Journal of International Law
Volume 46, Number 2, April-June 2006 p.151

International Human Rights Law: Texts, Cases, and Materials.
Reviewed by Lyonette Louis-Jacques
Canadian Law library Review
Volume 31, Number 3, Conference 2006 p.137

Harmonising International Human Rights Law and Domestic Law Policy: The Establishment and Role of the Human Rights Law Resource Centre
Philip Lynch
Melbourne Journal of International Law
Volume 7, Number 1, May 2006

Finding Family: Considering the Recognition of Same-Sex Families in International Human Rights Law and the European Courtof Human Rights
Elizabeth Kukura
Human Rights Brief
Volume 13, Issue 2, Winter 2006 p.17

Civil Gideon: A Human Right Elsewhere in the World
Raven Lidman
Clearinghouse Review
Volume 40, Numbers 3-4, July-August 2006 p.288

The right to free counsel in civil cases is widely accepted around the world but not in the United States. In England the right originated over five hundred years ago. Twelve European countries provided the poor with free lawyers even before 1979, when the Council of Europe required its members to do so as a matter of international human rights law. The standards for eligibility and scope of legal services vary, and means and merit tests are common.

Anne Orford, Reading Humanitarian Intervention. Human Rights and the Use of Force in International Law
Michael Schoiswohl
Austrian Review of International and European Law
Volume 9, 2004 p.448

A Conflict of Norms: The Relationship Between Humanitarian Law and Human Rights Law in the ICRC Customary Law Study
Krieger, H.
Journal of Conflict and Security Law
Volume 11, Number 2, Summer 2006 p.265-291

It is generally accepted that although human rights law is applicable in armed conflicts the rules of International humanitarian law take precedence as lex specialis. However, uncertainties remain. Do norms with a lex specialis character override more general rules systematically and invariably, or is there room for complementarity? To what extent are human rights standards applicable in armed conflicts and in how far is the jurisprudence of regional human rights courts pertinent? The ICRC Study on Customary International humanitarian law provides a relevant example of how the normative relationship between human rights law and humanitarian law on the basis of the lex specialis rule can be conceived. The article examines this normative relationship by analysing how the Study uses the jurisprudence of human rights bodies in order to specify fundamental guarantees of humanity. The article argues that although the Study”s approach works in principle because the use of human rights law in it is basically restricted to proving the existence of fundamental guarantees problems arise, inter alia, in relation to proportionality when using force, in relation to human rights”limitation clauses and in relation to the different dimensions of human rights protection. Moreover, since concrete human rights standards depend very much on their circumstances because of the contextual techniques employed in interpretation of human rights law they can neither readily be transferred to the situation of an armed conflict nor be easily applied outside their regional context. Thus, the concrete application of the refined human rights law to interpret humanitarian law is not always as valuable as might be thought.

A comparative analysis of the right to a fair trial and Due Process under international human rights law and Saudi Arabian domestic law
Mashood A. Baderin
International Journal of Human Rights
Volume 10, Number 3, September 2006 p.241-284

 

Author: international

Mentioned in these Entries

Due Process, International human rights law, International humanitarian law, Law Study, Law library.