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4. Human Rights in International Law
Abstract
This chapter examines the international legal context of human rights. It first considers the historical evolution of international human rights law, with particular emphasis on the reincarnation of philosophical ideals as international laws (treaties), before discussing the principal sources of international human rights law such as customary international law and ‘soft’ law. It then describes the various forms of expressing human rights, along with the core international human rights instruments. It also explores the mechanisms for monitoring and enforcing human rights, including the United Nations system, regional human rights systems, and national human rights systems. Finally, it explains the process followed for a state wishing to be bound to the provisions of a treaty and the benefits of listing human rights in treaties.
... But while their existence in a legally form such as treaties or covenants is out of discussion, their content remains hotly disputed. Every State claims to promote respect for key human rights and fundamental freedoms within its territory but not all of them apply these human rights and fundamental freedoms in practice (Smith, 2012). This is where the International Court of Justice comes in. ...
... Even when a State accepts a particular human rights treaty it can still avoid full legal responsibility by a variety of legal means. These are important as they impact on the extent of State´s obligations (Smith, 2012) The fight during the Cold War, that tried to define if civil and political rights were more important than economic, social and cultural rights, did not add value to the defense of human rights. The first category of rights was defended by the United States and the second by the Soviet Union in relation with their ideologies and politics. ...
Aim: To relate the International Court of Justice with sustainability. To highlight the importance of fulfilling the Economic, Social and Cultural rights and the Rights of Third Generation for all human beings.Methodology: The paper contains the definition of sustainability and doctrine about the International Court of Justice and human rights. To conduct the research, the methodological technique of documental investigation is applied. Furthermore, there is a deep analysis of the case of the ICJ about Pulp Mills on the River Uruguay of Argentina V. Uruguay, where the concepts mentioned before come together and relate between each other.Findings: It was revised how the definition of sustainability is related with the decision taken by the International Court of Justice in the case Pulp Mills on the River Uruguay Argentina V. Uruguay. The question about how the ICJ relates to sustainability in this case study, can be answered by discovering if the economic, cultural and social rights are considered, as well as the Rights of Third Generation, when the Court decides in the case example. In the judgment of Argentina V. Uruguay, the Court did not have enough proof from the environmental report to check if there was contamination and if the plants were harming the environment.Value: It is important to determine how the juridical organ of the United Nations substantiates the importance of sustainability, Rights of Third generation and economic, social and cultural rights. Moreover, this is relevant in a world that it so contaminated and with the big alarm of global warming threatening humanity.
... These two instruments proclaim the social and economic rights that workers are entitled to enjoy and set the standards of state behaviour in protecting human rights. The UDHR is "soft law," but its universalist foundation and the broader benefits from membership in this instrument, even under diminished or minimal obligation, are key reasons for states to sign the declaration (R.K. Smith 2009;Hathaway 2007). The UDHR provides the essential principles of equality (Section 1) and non-discrimination (Section 2) for the protection of the employment (Section 23) and social rights (Sections 22, 24, and 25) of seafarers. ...
... These two instruments proclaim the social and economic rights that workers are entitled to enjoy and set the standards of state behaviour in protecting human rights. The UDHR is "soft law," but its universalist foundation and the broader benefits from membership in this instrument, even under diminished or minimal obligation, are key reasons for states to sign the declaration (R.K. Smith 2009;Hathaway 2007). The UDHR provides the essential principles of equality (Section 1) and non-discrimination (Section 2) for the protection of the employment (Section 23) and social rights (Sections 22, 24, and 25) of seafarers. ...
Arctic cruise shipping is a growing niche in the highly globalized cruise shipping industry. The service workers in the hotel operations of expedition cruise ships are beneficiaries of Arctic cruise tourism. They provide leisure, tourism, travel, and hospitality services to the increasing number of international cruisers who are motivated to experience the “last frontier” tourism, including the changing and disappearing Arctic landscape and wildlife. The Maritime Labour Convention, 2006 considers these service workers as seafarers and ensures the protection of their rights to decent work and living standards.
This chapter examines fundamental human rights recognised as peremptory norms of general international law in order to set the foundation for the discussion of immunity versus impunity. Since this book focuses on the human rights-based challenge to immunities, it is necessary to extract these challenging and contentious human rights from customary international law, national law, legal sources, or international/legal authorities. To this end, the concept of human rights and its international legal aspects are explicated in this chapter. Then, the notion of jus cogens or peremptory norms of general international law is examined, paving the way for identifying those human rights that are recognised as jus cogens norms.KeywordsHuman rights
jus cogens
ImmunityImpunityHierarchySovereigntyNon-derogabality
Erga omnes
GenocideSlaverySlave tradeTortureDiscrimination
Non-refoulement
International law
The research covers the situation in seven villages (Gugutiaantkari, Ditsi, Kere, Ergneti, Zargiaantkari, Karapila, Dirbi) which have suffered from the creeping occupation. The research was conducted by means of the preliminarily prepared questionnaire, using the qualitative method. The research contains statistical data, with its following analysis. Based on local population we have collected materials on their social and economic situation and security issues; based on the aforementioned materials we have outlined the reasons of the flow of population from those villages. The article shows all the social and economic problems existing in listed villages and the attitude of population towards international organizations and Russia. The survey showed us different problems in each of the villages, steps towards solving of which will become the means of stopping migration from those villages. The research also reflects different opinions by experts on the ongoing processes.
This article explores the links between global ethics and human rights, with a particular focus on womens political participation, as a way of inquiring into possible ramifications within the field of global ethics. To this end, it determines the scope of the concepts of ethics and global ethics as well as that of human rights. It analyses the links between them, particularly the incorporation of ethical considerations on the part of human rights and the validity that the latter assign to them. Finally, the article concentrates onto womens rights and more specifically on their political participation. It analyses the diverse alternatives of participation, which cover a range that spans from the traditional parliamentary participation up to forms like the establishment of governmental agendas aimed at improving the condition of women and the participation through womens movements. It is concluded that, both from an ethics as well as human-rights point of view, it is necessary an evaluation of ways for achieving the implementation of these rights. These can derive from a more permanent incorporation of womens movements in the decision making process of public policies.
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