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21. The Future of Human Rights: A View from the United Nations

Author:
Andrew Gilmour
Publication Date:
08-2014
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Ever since the Charter of the United Nations was signed in 1945, human rights have constituted one of its three pillars, along with peace and development. As noted in a dictum coined during the World Summit of 2005: "There can be no peace without development, no development without peace, and neither without respect for human rights." But while progress has been made in all three domains, it is with respect to human rights that the organization's performance has experienced some of its greatest shortcomings. Not coincidentally, the human rights pillar receives only a fraction of the resources enjoyed by the other two—a mere 3 percent of the general budget.
Topic:
Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, and International Affairs
Political Geography:
Europe and United Nations

22. In the Shadow of Syria: Review of the Chemical Weapons Convention

Author:
Szymon Bochenskii
Publication Date:
07-2013
Content Type:
Policy Brief
Institution:
The Polish Institute of International Affairs
Abstract:
A review of the Chemical Weapons Convention (CWC) has concluded that chemical weapons disarmament is on track. However, the information about the alleged use of chemical weapons in Syria has added a new sense of urgency to chemical weapons disarmament. It has proven that a global ban on this lethal arms category cannot be achieved without making the CWC a truly universal treaty. At the same time, the Review Conference recognised new challenges associated with the rapid growth of the chemical industry worldwide. The Organisation for the Prohibition of Chemical Weapons will have to find a golden mean to ensure implementation of the Convention without hampering the peaceful uses of chemicals.
Topic:
Arms Control and Proliferation, Human Rights, International Law, Treaties and Agreements, and Weapons of Mass Destruction
Political Geography:
Middle East and United Nations

23. MÜLTECİLERİN GÖNÜLLÜ GERİ DÖN

Author:
Müge Dalkıran
Publication Date:
01-2013
Content Type:
Working Paper
Institution:
Global Political Trends Center
Abstract:
Every year, hundreds of thousands of people flee their countries in order to escape direct threats on their lives. People who take shelter in other countries fall under international protection. Finding a durable solution for these people is one of the missions of the Office of the United Nations High Commisionary for Refugees. In this study, the voluntary repatriation process, which is considered as a possible durable solution, will be examined. In this context, voluntary repatriation will be determined primarily through established legal framework. The role of the United Nations as well as its regulations and operations in this area will be emphasized.
Topic:
International Law and Migration
Political Geography:
United Nations

24. Handbook on the Ratification and Implementation of the Kampala Amendments to the Rome Statute of the International Criminal Court

Publication Date:
01-2013
Content Type:
Working Paper
Institution:
Liechtenstein Institute on Self-Determination, Princeton University
Abstract:
Handbook is based on a workshop on the ratification and implementation of the Kampala amendments on the Crime of Aggression that took place at New York University on 25 June 2012. The workshop was co-hosted by the Permanent Mission of the Principality of Liechtenstein to the United Nations and the Global Institute for the Prevention of Aggression (recently affiliated with Middlesex University School of Law, London), with the support of the Liechtenstein Institute on Self-Determination at Princeton University (LISD). The handbook benefited further from the Colloquium «From Rome to Kampala – the first two amendments to the Rome Statute,» organized by the Belgian Interministerial Commission for Humanitarian Law on 5 June 2012 in Brussels. Part II of the handbook was drafted with the kind assistance of the International Committee of the Red Cross (ICRC).
Topic:
Crime, Genocide, Human Rights, International Law, Treaties and Agreements, and War
Political Geography:
New York, United Nations, and Brussels

25. Alfred Verdross as a Founding Father of International Constitutionalism?

Author:
Thomas Kleinlein
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Alfred Verdross was one of the first scholars who transferred a meaningful concept of constitution to international law. Like international constitutionalists today, he aimed at establishing the autonomy of international law vis-à-vis State sovereignty and State consent. With his theory of moderate monism, Verdross refers to a further issue raised by today's multilevel constitutionalism, i.e. the relationship between international and domestic law. In contrast to some modern approaches, Verdross's use of the term 'constitution' in international law was only metaphorical. More ambitiously, international constitutionalism also serves as a kind of meta-theory for international law in the present debate.
Topic:
International Law
Political Geography:
United Nations

26. Legalization of International Politics: On the (Im)Possibility of a Constitutionalization of International Law from a Kantian Point of View

Author:
Phillip-Alexander Hirsch
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In the debate on the constitutionalization of international law, Kant's work Toward Perpetual Peace is the most important point of reference when talking about the intellectual origin and philosophical background of the idea of constitutionalizing international law. But while it is undeniable that Kant called for a juridification of international relations, it is far less clear which form of juridification Kant aims at . In this essay, I want to show that Kant's ultimate ideal of international law is neither a State of States nor the peace federation (which seems to be commonly accepted), but the cosmopolitan republic , that is, a single homogenous world State. Only such a cosmopolitan republic, backed up by enforceable laws, can be called a constitution in the Kantian sense. Kant's proposal of a peace federation is nothing but a first step towards this ultimate end.
Topic:
International Law
Political Geography:
United Nations

27. Issues of Minority Rights in the Ethiopian Federation

Author:
Haileyesus Taye Chekole
Publication Date:
04-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
Ethiopia is an ancient country with a rich diversity of peoples and cultures. Paleontological studies identify Ethiopia as one of the cradles of humankind. ―Dinknesh or ―Lucy, one of the earliest and most complete hominoids discovered through archaeological excavations, dates back to 3.5 million years (Milkias, 2010). Ethiopia‟s geographical and historical factors have had a great influence on the distribution of its peoples and languages. Ethiopia embraces a complex variety of nations, nationalities and peoples, and linguistic groups. Altogether, its peoples speak more than 80 different languages, comprising 12 Semitic, 22 Cushitic, 18 Omotic and 18 Nilo-Saharan languages (Central Statistic Report, 2007). This makes Ethiopia a mosaic of languages and culture. The country has always maintained its independence, even during the colonial era in Africa. Ethiopia‟s membership in multilateral governmental organizations started as a member of the defunct League of Nations. Ethiopia was one of the founding members of the United Nations and has been playing an active role in African affairs. It specifically played a pioneering role in the formation of the Organization of African Unity (OAU). In fact, the capital city, Addis Ababa, has been a seat for the OAU since its establishment and continues serving as the seat for the African Union (AU) today.
Topic:
Human Rights, International Law, and Minorities
Political Geography:
Africa, United Nations, and Ethiopia

28. European Minority Rights Law: Unilateral Legislation in Favour of Kin-Minorities

Author:
Tove H. Malloy
Publication Date:
07-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
The international approach to unilateral legislation with extraterritorial reach is quite clear. General principles of customary international law entrust the state where national minorities reside with the task of securing the rights of all persons within its jurisdiction. Preferential treatment of national minorities by their kin-state is considered the exception unless it is established through bilateral treaties, or as a minimum agreed among the parties involved. The League of Nations system was the first European multilateral attempt to provide protection for minorities outside the mother state through bilateral treaties. After the collapse of the League of Nations system and the transfer of international protection of minorities to the United Nations system, bilateralism was not specifically promoted but nonetheless carried over as the main approach to kin-minority protection. This approach came under pressure after 1989 and the collapse of Communism when a number of countries adopted unilateral laws on kin-state minorities and compatriots living abroad. The bilateral approach received renewed attention, therefore, as part of the multilateral approach promoted by the international community after 1989.
Topic:
Human Rights, International Law, Governance, Sanctions, and Minorities
Political Geography:
Europe and United Nations

29. Engaging Nonstate Armed Groups on the Protection of Children: Towards Strategic Complementarity

Author:
Jérémie Labbé and Reno Meyer
Publication Date:
04-2012
Content Type:
Policy Brief
Institution:
International Peace Institute
Abstract:
This issue brief provides an overview of the legal, political, and operational frameworks protecting children from the effects of armed conflict, notably from violations by nonstate armed groups. The UN Secretary-General has repeatedly emphasized the need to “more consistently and effectively engage non-State armed groups in order to improve their compliance with the law,” including international human rights and international humanitarian law. This is of particular importance with regard to child protection as armed conflicts have far-reaching impacts on children, who are among the most vulnerable members of society. The issue brief explores some of the limitations of these frameworks and their mechanisms, and discusses ways to maximize the comparative advantages of different actors when engaging nonstate armed groups to improve the protection of children's rights.
Topic:
Political Violence, Human Rights, Human Welfare, International Law, Insurgency, and Youth Culture
Political Geography:
United Nations

30. The Status and Future of International Law after the Libya Intervention

Author:
Pierre Thielbörger
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article uses the case of the Libya intervention to address three general claims about international law. Firstly, it examines whether the reliance of the intervention on the mechanisms of collective security under the UN Charter suggests that international law relating to peace and security has finally overcome its post-9/11 crisis. It concludes that the resolution's vague wording – which makes the distinction between what is “legal” under the resolution, and what is not, hard to draw – undermines such an assumption. Secondly, it explores whether the Libya intervention has put new emphasis on what has been termed the “emerging right of democratic governance”. In spite of the underlying democracy-enhancing spirit of the execution of the intervention, Resolution 1973 was exclusively written in the language of human rights. It did little to indicate a changed attitude of States towards a norm of democratic governance. Finally, the article examines whether the case of Libya shows a renewed international attitude towards States which violate the most fundamental human rights of their citizens. The article concludes by suggesting that, in this third respect, a more muscular liberalism is indeed on the rise again in international law, challenging the formerly almighty concept of State sovereignty. In contributing to this subtle transformation, the Libyan case has made a genuine contribution to the development of the international legal order.
Topic:
Security, Human Rights, and International Law
Political Geography:
America, Libya, and United Nations