International human rights law Part 31

 

Book Review: Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law
Doris Buss
Social & Legal Studies
Volume 14, Number 2, June 2005 p.307-310

WAR, VIOLENCE, HUMAN RIGHTS, AND THE OVERLAP BETWEEN NATIONAL AND INTERNATIONAL LAW: FOUR CASES BEFORE THE SOUTH AFRICAN CONSTITUTIONAL COURT
Justice Albie Sachs
Fordham International Law Journal
Volume 28, Number 2, January 2005 p.432

Cultural Diversity, Human Rights, and the Emergence of Indigenous Peoples in International and Comparative Environmental Law
Jeremy Firestone, Jonathan Lilley, and Isabel Torres de Noronha
American University International Law Review
Volume 20, Number 2, 2005 p.219

States’ Rights versus Human and Peoples’ Rights in International Law: Sovereign Immunity and Universal Jurisdiction before the International Court of Justice
André Mbata B Mangu
Stellenbosch Law Review
Volume 15, Number 3, 2004 p.478

Prevost, Rene: International Human Rights and Humanitarian Law
British Year Book of International Law
Volume 74, 2003 p.456

POOR JUDGMENT: WHY THE IRAQI SPECIAL TRIBUNAL IS THE WRONG MECHANISM FOR TRYING SADDAM HUSSEIN ON CHARGES OF GENOCIDE, HUMAN RIGHTS ABUSES, AND OTHER VIOLATIONS OF INTERNATIONAL LAW
David M. Gersh
Georgia Journal of International and Comparative Law
Volume 33, Number 1, Fall 2004 p.273

Private Use of Prisoners’ Labor: Paradoxes of International human rights law
Colin Fenwick
Human Rights Quarterly
Volume 27, Number 1, February 2005 p.249

Baderin, Mashood A. International Human Rights and Islamic Law
Ann Elizabeth Mayer
American Journal of International Law
Volume 99, Number 1, January 2005 p.302

TORTURE BY PROXY: INTERNATIONAL AND DOMESTIC LAW APPLICABLE TO “EXTRAORDINARY RENDITIONS”- The Committee on International Human Rights
Record of the Association of the Bar of the City of New York
Volume 60, Number 1, 2005 p.13

On the relationship between human rights law protection and international humanitarian taw
HANS-JOACHIM HEINTZE
International Review of the Red Cross
Volume 86, Number 856, December 2004

ANNE ORFORD, READING HUMANITARIAN INTERVENTION: HUMAN RIGHTS AND THE USE OF FORCE IN INTERNATIONAL LAW
Lisa Danish
Buffalo Human Rights Law Review
Volume 10, 2004

Rybná 9, Praha 1: Restitution and Memory in International Human Rights Law
Patrick Macklem
European Journal of International law
Volume 16, Number 1, February 2005 p.1-23

The Future of the Fourteenth Amendment and International Human Rights Law: The Black Heritage Trail
Barbara Stark
Temple Political & Civil Rights Law Review
Volume 13, Number 2, Spring 2004

[Articles] The Exception as the Rule: Lawmaking on Force and Human Rights by the UN Security Council
Osterdahl, I.
Journal of Conflict and Security Law
Volume 10, Number 1, Spring 2005

When the UN Security Council began authorising humanitarian interventions, its decisions were circumscribed by references to the unique and exceptional character of every situation dealt with. From the point of view of lawmaking, whether the Security Council claims that every situation is unique is of no significance as long as there is a consistent practice to the contrary. Even though the practice may in many respects be labelled ‘ad-hocish’, this article argues that there exists nevertheless a repeated if not consistent practice on the part of the Security Council on humanitarian intervention. The practice of the Security Council outweighs the words of the Council aiming to circumscribe the legal effects of its action. The immediate legal effect of the authorisations to use force to protect human rights relates to the mandate of the Security Council under the UN Charter. Indirectly, the practice of the Security Council on humanitarian intervention may also have an impact on general international law on the use of force. Perhaps, the repeated practice of the Security Council has paved the way for unilateral action in cases where the Council still cannot agree. All the decisions of the Security Council on humanitarian intervention are gone through in the article, which finds that in time the scrupulous circumscription of the authorisations to use force to protect human rights has disappeared from the resolutions of the Security Council. Then it becomes even easier to argue that the practice of the Security Council, although still ‘ad-hocish’, does make law.

Human Rights Law and the International Fight Against Terrorism: How do Security Council Resolutions Impact on States’ Obligations Under International Human Rights Law? (Revisiting Security Council Resolution 1373)
Clementine Olivier
Nordic Journal of International Law
Volume 73, Number 4, December 2004 p.399

 

Author: international

Mentioned in these Entries

International Court of Justice, International human rights law.