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Exploring the Limits of International Human Rights Law

Exploring the Limits of International Human Rights Law

As I discuss below, advocacy groups have recognized that importation of the language of international human rights into domestic legal systems-through direct litigation, domestic [r]

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Aggression and International Human Rights Law

Aggression and International Human Rights Law

There is no good reason why human rights principles do not extend to the combatants themselves. There is some recognition of this in the protection of former combatants, those who are hors de combat, by international humanitarian law. But to the extent that the right to life of the non-combatant is entitled to protection, at the very least as a controlling factor in assessing the proportionality of ‘permissible’ collateral damage, a similar approach should also be taken to those combatants who are still active on the battlefield. The ICRC addressed this issue in principle IX of its Interpretive Guidance on the Notion of Direct Participation in Hostilities, adopted in 2009. This is sometimes described as the ‘kill or capture’ debate. The Committee said that although combatants were not required to take additional risks for themselves or the civilian population in order to take an armed adversary alive, ‘it would defy basic notions of humanity to kill an adversary or to refrain from giving him or her an opportunity to surrender where there manifestly is no necessity for the use of lethal force’. 35 In effect, then, even in the most extreme circumstances of armed conflicts, the right to life of the combatant is entitled to some protection. The Committee expressly recognised the role of other bodies of law, and in particular international human rights law, in the regulation of the use of force in armed conflict.
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LL.M. Program in International Human Rights Law

LL.M. Program in International Human Rights Law

“I decided to go to the best school in international human rights law to get myself equipped with the best tools. My classmates’ experiences and their unique backgrounds related to their respective countries enriched my understanding of international human rights law and the application of foundational rights. I will think deeply beyond positive law by questioning the foundations of human rights while appreciating the values of human rights.”

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A Clinical Model for Bringing International Human Rights Home: Human Rights Reporting on Conditions of Immigrant Detention

A Clinical Model for Bringing International Human Rights Home: Human Rights Reporting on Conditions of Immigrant Detention

Based on the MacCrate standards and my own experience, there are several pedagogical goals that I expect each chosen project to accomplish. These goals are as follows: (1) learning the substance of some aspect of international human rights law on a project of academic rigor; (2) learning and practicing interview skills; (3) collaborating with other team members, especially in the area of problem solving; (4) improving legal research and legal synthesis; (5) improving legal analysis and legal writing; (6) conducting factual investigations; (7) learning about office organization and management of legal work; (8) gaining empathy and understanding about the lives of others; and (9) having a transformative experience regarding equal/social justice. Moreover, with each project or case I choose, I hope— but cannot always predict with any degree of certainty—that an ethical or professional dilemma will present itself for the students to grapple with and resolve.
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The Emerging Role of Sub-National Human Rights Institutions in the International Human Rights Regime

The Emerging Role of Sub-National Human Rights Institutions in the International Human Rights Regime

Each article in this thesis addresses a series of closely related research questions, with the conclusions and accompanying discussion provided at the end of each individual article. When looked at as a whole, however, certain broad conclusions can be drawn. First, in response to my first (descriptive) research question regarding how SNHRIs currently interact with other elements of the international human rights system, it is clear that SNHRIs do not exist in isolation from the broader international human rights regime. They engage in a variety of ways with both international norms and international bodies, including through filing reports to the Human Rights Council or treaty bodies, acting as independent mechanisms under the Convention on the Rights of Persons with Disabilities and Optional Protocol to the Convention against Torture, and engaging with the special procedures of the UN Human Rights Council. They also interact in differing ways with NHRIs and other domestic bodies, although these interactions do not always go smoothly, as was evident in my case study of the Seoul Human Rights Ombudsperson. I also find that SNHRIs commonly apply international norms in their work, including through their responses to individual complaints, provision of advice to government actors, public promotion of rights norms, and engagement with human rights litigation, and monitoring. The use of international norms is often explicitly mandated, but in some cases SNHRIs have decided for themselves to use international norms despite the lack of a clear mandate to do so in their organic legislation. While SNHRIs also engage with their peer institutions, these relationships are less robust and provide fewer benefits than the analogous networks of NHRIs. These conclusions run contrary to the common view of state and local human rights commissions in the United States (and to a perhaps lesser extent in other common law jurisdictions such as Canada and Australia) as purely local institutions, addressing local concerns, based on norms that may coincide with international human rights norms but are sourced from local or national texts.
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Vulnerability, international human rights adjudication and migration governance

Vulnerability, international human rights adjudication and migration governance

To enable the transformation of regional human rights adjudicating bodies into good GIMG actors, I advocate the deployment of a vulnerability analysis in international human rights adjudication. This analysis is premised on the conceptualisation of universal vulnerability as a foundation and tool of IHRL. A vulnerability analysis has a profound transformative effect on international human rights adjudication. First, it fundamentally alters the nature of the IHRL subject: the liberal invulnerable and nationalistic subject is replaced by the universal vulnerable subject. Secondly, with the development of a vulnerability analysis, IHRL becomes concerned with building the vulnerable subject’s resilience. Thirdly, the redefined function of IHRL morphs human rights bodies into asset-conferring institutions. Fourthly, a vulnerability analysis subjects the state’s right to control immigration to the state’s IHRL obligations. Finally, because it prompts an investigation into migrants’ societal and institutional relationships as well as in-depth scrutiny of the exercise of the government immigration power, a vulnerability analysis produces narratives and human rights breach assessments that are grounded in the facts of international migration. Importantly, the merits of a vulnerability analysis are not confined to migrant cases; this approach is instrumental in making IHRL responsive to the vulnerabilities of all IHRL subjects.
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The opposition of the CJEU to the ECHR as a mechanism of international human rights

The opposition of the CJEU to the ECHR as a mechanism of international human rights

as explained in more in detail in Section IV(C), focused, inter alia, on the CJEU retaining autonomy over pronouncements on EU law in such a manner as to leave little scope for the ECHR to effectively conduct its external review functions. The CJEU was only willing to accept the ECHR as an international human rights law mechanism so long as such mechanism could operate without intruding upon the sovereignty or “autonomy” of EU law, suggesting that the CJEU’s current human rights monitoring system is effi cient and adequate. The rejection by the CJEU of an effective external monitoring role for the ECHR was not entirely unexpected: it was made in a context where it was already developing a protectionist attitude towards internal monitoring of EU human rights vis-à-vis the ECHR. While there is a whole host of criticism relevant to this approach of the CJEU towards the ECHR, 7 this article seeks to add to the existing scholarship analysis of how this may
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The Charade of US Ratification of International Human Rights Treaties

The Charade of US Ratification of International Human Rights Treaties

This approach reflects an attitude toward international human rights law of fear and arrogance-fear that international standards might constrain the unfettered latitude of [r]

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Rights of Transgender/Transsexual and International Human Rights'

Rights of Transgender/Transsexual and International Human Rights'

An important point to make regarding the right to equal protection and non- discrimination under International Law--and most National Law--is that the instruments are worded so that almost every right explicitly applies to "every person" or "all people." Similarly, prohibitory provisions are worded so that "no one" shall be subject to the relevant Human Rights violations.In addition, the principal International Human Rights instruments contain provisions explicitly granting equal protection and the right to non-discrimination to "all people." The basic problem is sexual minorities are not included in the wording of those provisions, the breadth of the wording indicates that the categories listed as protected are not exclusive and that, indeed, the provisions should be interpreted as expansively as possible. For the protection of individual human rights there are three main Instruments namely-
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The Growing Importance of Customary International Human Rights Law

The Growing Importance of Customary International Human Rights Law

The original "game plan" of the Founding Fathers of the United Nations international human rights program was, first, to spell out in a non-binding Universal Dec[r]

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Homosexual Rights and the Non-Western World: A Postcolonial Reading of Homosexual Rights in International Human Rights Law

Homosexual Rights and the Non-Western World: A Postcolonial Reading of Homosexual Rights in International Human Rights Law

Westernising role of international human rights law, especially with regard to its protection and recognition of homosexual rights, which has given rise to so much [r]

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Corporate Torts: International Human Rights and Superior Officers

Corporate Torts: International Human Rights and Superior Officers

The development of superior responsibility cases in international human rights cases in U.S. and other national courts ran a parallel course to the developments in the international tribunals: the first cases focused on military superiority, and then expanded to civilian leaders and corporate officials. Because of its central role in human rights cases in U.S. courts, this Section begins with the case against General Yamashita for war crimes in Asia during World War II, which is commonly cited for the test of the superior-subordinate relationship as one of “effective control” and for the “knew or should have known” and “failed to take action” standards. The Section then examines the development of ATS and TVPA cases that were brought against military commanders, developing to civilian government and then private corporate officers under a theory of superior responsibility. This Section concludes by exploring parallel standards in U.S. corporate officer cases under statutes besides the ATS and TVPA, and then turns to compare standards in other national jurisdictions.
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International human rights

International human rights

and the multicultural society. The bachelor’s and master’s programmes in political scien- ce and human rights are aimed at students with an interest in politics and human rights, both at national and international level. The department of political science and human rights cooperates with nationally and inter- nationally recognized institutions such as the Nansen Dialogue Centre and the Helsinki- committee, amongst others, to broaden and strengthen the academic field of human rights and multiculturalism.

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Religious Human Rights and the International Human Rights Community: Finding Common Ground - Without Compromise

Religious Human Rights and the International Human Rights Community: Finding Common Ground - Without Compromise

Religious identity alone will seldom be the only indicator of religious persecution, given that "religion is usually intertwined with ethnic, political, territorial[r]

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Human Rights and the Elusive Universal Subject: Immigration Detention Under International Human Rights and EU Law

Human Rights and the Elusive Universal Subject: Immigration Detention Under International Human Rights and EU Law

I thank participants at the 2011 Nordic Asylum Law Seminar on The State of International Refugee Law; the Indiana Journal of Global Legal Studies Spring Symposium [r]

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Implementation of International Human Rights Norms in Ukrainian Legislation

Implementation of International Human Rights Norms in Ukrainian Legislation

During recent years Ukraine has taken many measures to implement international norms on human rights which guar- antee the right to work, proclaimed in Article 23 of The[r]

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Does International Human Rights Law Make a Difference

Does International Human Rights Law Make a Difference

But in practice this unique combination of attributes-commonality of terms, near universality of formal acceptance, legitimacy of adoption, perceived reflection of inte[r]

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The Intersection of International Human Rights and Domestic Environmental Regulation

The Intersection of International Human Rights and Domestic Environmental Regulation

precautionary decision-making; 22 and the polluter pays principle. 23 That said, there is also vigorous debate about whether these norms have coalesced into a new human right[r]

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Ethnic Conflict in Fiji and International Human Rights Law

Ethnic Conflict in Fiji and International Human Rights Law

2 Although Rabuka initially claimed he had acted to prevent racial violence and to maintain law and order, 3 both coups instead exacerbated the simmering ethnic confl[r]

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International Law, Human Rights Beneficiaries, and South Africa: Some Thoughts on the Utility of International Human Rights Law

International Law, Human Rights Beneficiaries, and South Africa: Some Thoughts on the Utility of International Human Rights Law

While international criminal accountability for private organizations is not provided for in the Hague tribunals," civil liability and other forms of accountability for[r]

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