LSN: Other Public International Law: Human Rights (Topic)最新文献

{"title":"Debt, Austerity, and the Structural Responses of Social Rights","authors":"B. Warwick","doi":"10.1093/oso/9780198810445.003.0021","DOIUrl":"https://doi.org/10.1093/oso/9780198810445.003.0021","url":null,"abstract":"Austerity measures—the set of economic policies implemented with the aim of reducing government budget deficits—are a key component of economic adjustment programmes prescribed by the international financial institutions in the context of their efforts to address sovereign debt and other financial crises. They essentially entail public spending cuts, tax increases, or a combination of both. While multilateral creditors impose austerity in all debt restructuring programmes, economists generally agree that in order to sustain growth, productivity and consumer confidence, it is imperative that in situations of debt crises the government pour money into the economy (as was the case in post-2007 USA) rather than restrict liquidity. Hence, austerity is fundamentally antithetical to financial sense and if the aim is to repay creditors then higher consumer spending is beneficial as are tax decreases. The chapter explains austerity from a legal and financial perspective and argues that its imposition serves political objectives.","PeriodicalId":181409,"journal":{"name":"LSN: Other Public International Law: Human Rights (Topic)","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124437317","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The UK, The Council of Europe and Turkey's International Human Rights Obligations in a State of Emergency: Submission to Foreign Affairs Committee: United Kingdom's Relations with Turkey","authors":"Alan Greene","doi":"10.2139/SSRN.2854775","DOIUrl":"https://doi.org/10.2139/SSRN.2854775","url":null,"abstract":"This report argues that the UK should urge Turkey to ensure that its state of emergency declared under Article 15 of the European Convention on Human Rights (ECHR; the Convention) remains temporary; that the emergency measures taken by Turkey following this declaration remain proportionate to the exigencies of the situation; and that none of the non-derogable rights of the Convention, including the prohibition of the death penalty should be infringed upon. As the European Court of Human Rights (ECtHR; the Court) has been extremely deferential to Contracting Parties as to the existence of a state of emergency within its jurisdiction, it is incumbent upon the other Contracting Parties to the Convention to use political and diplomatic ties to ensure its temporariness.Secondly, this report argues that the legitimacy of the ECtHR and its judgments have been undermined through the lack of implementation of the UK’s and other Contracting Parties’ Convention obligations and through political rhetoric attacking the ECtHR. There is evidence that this defiance of Court judgments is encouraging other Contracting Parties to do likewise. This trend is particularly worrying in light of Turkey’s declaration of a state of emergency and suggestions that it could reintroduce the death penalty in clear violation of Protocol 13 of the ECHR. This report therefore urges the UK to take positive steps in vindicating its international human rights obligations under the ECHR and avoid political rhetoric that may damage the legitimacy of the ECtHR.","PeriodicalId":181409,"journal":{"name":"LSN: Other Public International Law: Human Rights (Topic)","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133733762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Interpretation of the ICESCR: Between Morality and State Consent","authors":"Daniel Moeckli","doi":"10.2139/SSRN.2720351","DOIUrl":"https://doi.org/10.2139/SSRN.2720351","url":null,"abstract":"Discussions concerning the interpretive practice of the Committee on Economic, Social and Cultural Rights have so far centred on the question as to the legality of the ‘special’ interpretive techniques and tools which it has developed: Does the special nature of the ICESCR as a human rights treaty justify recourse to interpretive methods that may not be covered by Articles 31–33 of the VCLT? This paper argues that the VCLT’s interpretive framework also applies to human rights treaties and is broad enough to accommodate the Committee’s methods which, on closer inspection, turn out to be not that special at all. The key question is not whether there is a legal basis for the interpretive methods employed by the Committee – there clearly is – but, instead, whether its interpretations are regarded as legitimate. For the Committee, legitimacy seems to boil down to sufficient state support. Accordingly, its interpretive practice is informed by constant attempts to find the right balance between its urge to give the Covenant a moral reading and establishing common ground among states parties. Yet the legitimacy of a given interpretation depends on more than the extent of (pre-existing) state consensus it reflects. Legitimacy can be generated through following a process of interpretation that the interpretive community regards as adequate and fair and that produces interpretive outcomes that appear persuasive to it. For an interpretive practice to be legitimate, it will be argued, the interpreter must adhere to an agreed upon set of principles and apply it in a coherent and transparent manner.","PeriodicalId":181409,"journal":{"name":"LSN: Other Public International Law: Human Rights (Topic)","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126199711","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Islamic State and International Law: An Ideological Rollercoster?","authors":"Andrew K Coleman","doi":"10.2139/SSRN.2516605","DOIUrl":"https://doi.org/10.2139/SSRN.2516605","url":null,"abstract":"This paper is a work-in-progress piece that examines questions raised by the rise of ISIS and the announcement of the formation of a Caliphate. For example, has a State been formed in accordance with the norms of international law - the Montevideo Criteria - and how the answer to this question affects the 'Great Debate' surrounding the theories of recognition. The paper also highlights or raises questions that need to be answered in other areas such as: can an entity be defined as a State in view of potential or alleged breaches of human rights law or international humanitarian law? Can a proto-State or an unrecognised entity be tried for 'war crimes'? The paper argues that if international law is to remain credible in the twenty-first century it must address these questions.","PeriodicalId":181409,"journal":{"name":"LSN: Other Public International Law: Human Rights (Topic)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114782004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Rule of Law Under Extreme Conditions and International Law: A Law and Economics Perspective","authors":"E. Salzberger","doi":"10.2139/ssrn.2508846","DOIUrl":"https://doi.org/10.2139/ssrn.2508846","url":null,"abstract":"The ‘rule of law’ has attracted a lot of scholarly writings as well as political and public rhetoric in recent years. On the one hand, scholars found that adherence to the rule of law can be regarded as the most significant explanatory factor for various measures of a country’s success, both in social - quality of life - realm and in the pure economic realm. On the other hand, various governments’ responses to terror threats since 9/11, including responses of established liberal democracies, brought about a surge in positive and normative writings, as well as public debates, about the rule of law under extreme conditions or the deviations from the rule of law, even by the most liberal democracies. However, the international law aspects regarding the rule of law under extreme conditions is a field that had received almost no attention so far. Discussing the rule of law under extreme conditions in the international arena from a Law and Economics perspective raises several challenges. First, although the concept of the rule of law as an ingredient of the ‘good’ state, is established (although its precise definition is not agreed upon), the basic definition of the rule of law in the international arena is a much more virgin field. Second, Extreme conditions may challenge the normative and positive analysis of the rule of law. The theory of the state from which we derive the common understanding of the principle of the rule of law deals with the regular operation of collective life, institutions and decision-making. Under extreme conditions most countries establish a different form of the rule of law (an emergency constitution, as phrased by some), compromising some of its essentials during regular times. It can be argued on the normative level that this is justifiable; but to what extent and in which format? There is no coherent paradigm yet for the analysis of the desirable as well as the de-facto rule of law “balance” (e.g. state security versus human rights) under extreme conditions. The third major challenge relates to the definition of those extreme conditions that merit a special look vis-a-vis the rule of law. Three types of extreme conditions have been discussed by the literature: (1) belligerency, war, terror and alike; (2) natural and man-made disasters; and (3) political or economic meltdowns. Are extreme conditions in the international arena identical to extreme conditions in the context of the state? Is the familiar distinction between the three types of extreme conditions referred to in the context of the state applicable to the international sphere?I will try to contribute a few preliminary thoughts about each of these challenges, highlighting the perspective of Law and Economics. Section 1 will explore the concept of the rule of law in the international arena and in international law; Section 2 will elaborate on the economic philosophical foundations of the theory of the state and will examine their applicability to the international ","PeriodicalId":181409,"journal":{"name":"LSN: Other Public International Law: Human Rights (Topic)","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125809372","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Transnational Illegal Market of Trafficking in Human Beings – Actors and Discourses: A Transatlantic Comparison","authors":"J. Nautz, Euridice Marquez","doi":"10.2139/ssrn.1832552","DOIUrl":"https://doi.org/10.2139/ssrn.1832552","url":null,"abstract":"The paper analyses the development of trafficking in human beings (THB) as an economic crime and as a severe violation of human rights by focusing on the different actors’ involved in counter-trafficking efforts. The paper outlines how the crime evolved in Austria, Germany and the United States of America (USA) since the 19th century until present. The phenomenon of human trafficking as defined by the UN Trafficking Protocol of 2000 it relates to slavery and it is considered as modern day slavery. Finding the right words to describe the crime remains a persistent challenge in combating human trafficking. Most formulations used to describe trafficking focus on the trade or buying and selling of people, or they mean something closer to “smuggling,” which relates specifically to movement over borders. These words, including the word trafficking in English, may not adequately capture the most important aspect of the practice: exploitation. Nevertheless, it is important to note that in the 19th and early 20th century practices nowadays considered as human trafficking referred as ‘White Slavery’, Slavery and ‘Madchenhandel’. THB was also primarily saw as a feeding of the sex industry; excluding forced labour, domestic servitude, forced begging, among other forms of human trafficking from the today internationally agreed upon definition. A growing demand for (cheap) labour, sexual services and women for (forced) marriages, economic and demographic disparities have stimulated the trafficking and smuggling in human beings through time. The perpetrators force the individuals to work in conditions of forced labour, servitude, or debt bondage; this privation of freedom and poor living conditions is thus a severe violation of human rights. Efforts to combat THB have mostly been geared at victim support and prevention as a response to the severe harm to victims, but little has been done to diminish the profitability of the business, which is why it is valuable to look at how this business has developed through time. Trafficking still remains a very profitable business in which the traffickers face relatively small risks.","PeriodicalId":181409,"journal":{"name":"LSN: Other Public International Law: Human Rights (Topic)","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114585147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Jamaican Business Community and Campaign Finance","authors":"Peter W. Jones","doi":"10.2139/SSRN.890848","DOIUrl":"https://doi.org/10.2139/SSRN.890848","url":null,"abstract":"Jamaican Campaign Finance Reformers (JCFR) claim that the flow of contributions and expenditures undermines both political equality and the quality of public discourse. Their opponents criticize the regulation of political money, arguing that spending and giving money are legitimate forms of political speech, deserving constitutional protection. This debate is now deadlocked.","PeriodicalId":181409,"journal":{"name":"LSN: Other Public International Law: Human Rights (Topic)","volume":"269 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115266344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}