human rights and the constitutionalization of international law

... System of the League of Nations Introduction The creation of the Mandate System 115 115 119 vii 32 32 40 52 viii contents The League of Nations and the new international law The Mandate System and ... colonial problems The Mandate System and the construction of the non-European state Government, sovereignty and economy The mandate and the dissolution of sovereignty The legacies of the Mandate System: ... Whewell Professor of International Law, Faculty of Law, and Director, Lauterpacht Research Centre for International Law, University of Cambridge John S Bell FBA Professor of Law, Faculty of Law, University...

Ngày tải lên: 19/02/2014, 05:20

... Conclusion 271 International human rights law 274 7A THE LEGAL FRAMEWORK 274 7A.1 Sources and mechanisms of international human rights law 275 7A.2 Scope of application of human rights obligations ... 43–59 International Legal Materials International Law Reports International Review of the Red Cross Leiden Journal of International Law Netherlands Yearbook of International Law Organisation of ... HUMANITARIAN AND HUMAN RIGHTS LAW TO DETAINEES IN GUANTANAMO BAY 390 8B.2.1 The framework: international humanitarian law 8B.2.2 The framework: international human rights law Categories of detainees...

Ngày tải lên: 16/03/2014, 13:20

... System of the League of Nations Introduction The creation of the Mandate System 115 115 119 vii 32 32 40 52 viii contents The League of Nations and the new international law The Mandate System and ... colonial problems The Mandate System and the construction of the non-European state Government, sovereignty and economy The mandate and the dissolution of sovereignty The legacies of the Mandate System: ... Whewell Professor of International Law, Faculty of Law, and Director, Lauterpacht Research Centre for International Law, University of Cambridge John S Bell FBA Professor of Law, Faculty of Law, University...

Ngày tải lên: 05/08/2014, 22:20

... the exceptional dependence of the law of nations on the law of nature’ Lorimer, The Institutes of the Law of Nations, p 23 See ibid., pp 19 27 Lassa Oppenheim, The Science of International Law: ... accepted that the law of nations comprised treaties and customs, but who argued that the overall purpose of the law of nations, derived from the law of nature,27 was that of securing and furthering ... ‘natural law and human law In broad terms, natural law consisted of a set of transcendental principles which could be identified through the use of reason Human law, on the other hand, as the term...

Ngày tải lên: 05/08/2014, 22:20

... in the appropriation of the property in, and of the sovereignty over, a part or the whole of the territory of a state, and when definitively accomplished, vests the whole rights of property and ... extended to the lower classes -and the dissolute members of the aristocracy of the imperial centre: 94 95 On these efforts and the importance attached to them, see Oppenheim, The Science of International ... the efficacy, coherence and utility of international law free of the ubiquitous and unanswerable Austinian objections.95 In short, the colonies offered international law the same opportunity they...

Ngày tải lên: 05/08/2014, 22:20

... sovereignty and hence excluded from the family of nations and of law; and the racialization of the vocabulary of the period, in terms not only of the explicit distinctions between civilized and uncivilized, ... argues.235 The nineteenth century is the age of science, the application of industry for the betterment and progress of human society We see here, then, the suggestion of the idea that international law ... international law Sovereignty and the move to institutions:28 the creation of the League of Nations The Mandate System was created in the context of a broader set of developments in international law and...

Ngày tải lên: 05/08/2014, 22:20

... o n s 147 The Mandate System and the construction of the non-European state The mandates and the problem of sovereignty The primary novelty of the Mandate System for many jurists of the interwar ... sense of the final end of the Mandate System According to Article 22 of the Covenant, the primary purpose of the Mandate System was to secure the ‘well-being and development’ of the peoples of the ... supervising the operation of the system Once the basic framework of the Mandate System had been established, it was the PMC that had the task of ensuring the progress of the mandate territories and...

Ngày tải lên: 05/08/2014, 22:20

... through the enforcement of the laws but rather by defining the normal, the standard and the truth against which deviations are identified and then remedied.275 Sovereignty and native will The mandate ... to rights and interests to be created now or after the adoption of a new law of responsibility, a good deal of the objectionable features of this law from the point of view of the victims of ... diversity of mandate territories, the different responses and resistance of the mandate peoples and the intransigency of mandate powers presented this from occurring Nevertheless, the Mandate System...

Ngày tải lên: 05/08/2014, 22:20

... Norton, Law of the Future or Law of the Past? Modern Tribunals and the International Law of Expropriation’, (1991) 85 American Journal of International Law 474; M S Sornarajah, The Settlement of Foreign ... embodied in this international law of contracts derived from ‘general principles of law One of the aspirations of the new states was to expand the range of international law and to contribute ... contrary to the spirit and principles of the Charter of the United Nations and hinders the development of international economic cooperation and the maintenance of peace.54 Crucially, the same resolution...

Ngày tải lên: 05/08/2014, 22:20

... the colonial origins of international law but the colonial origins of international human rights law, then another theme becomes evident What we see in the discourse of human rights that has been ... corporate well being and dignity over that of the human person.33 Human rights is the one area of international law that is explicitly committed to the protection and furtherance of human dignity Globalization, ... accepted international standards and which are used as a basis to further governance Governance, human rights and the universal The emergence of international human rights law is among the most...

Ngày tải lên: 05/08/2014, 22:20

... undermined, international human rights law, international humanitarian law and, most significantly, the law relating to the UN Charter and the use of force.99 And just as the novelty of the threat ... International Law , (1999) Buffalo Human Rights Law Review107 174 International Law and Eurocentricity’, (1998) European Journal of International Law1 84 211 The Limits of the New International Rule of Law ... whether the actions of the Security Council could be reviewed by the ICJ and whether in fact the Security Council was bound in any way by international law, and the question of the powers of the...

Ngày tải lên: 05/08/2014, 22:20

... Journal of Law and Jurisprudence219 254 ‘J L Brierly and the Modernization of International Law , (1993) 25 Vanderbilt Journal of Transnational Law8 81 917 Langenhove, Fernand van, The Question of ... 1946) Norton, Patrick M., Law of the Future or Law of the Past? Modern Tribunals and the International Law of Expropriation’, (1991) 85 American Journal of International Law4 74 505 Nussbaum, Arthur, ... in International Law C F Amerasinghe Reading Humanitarian Intervention Human Rights and the Use of Force in International Law Anne Orford Conflict of Norms in Public International Law How WTO Law...

Ngày tải lên: 05/08/2014, 22:20

... 2001 Council of Europe Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine,1997 ... Globalization and Health 2007, 3:10 international human rights law We recognize the need for further discussion and the difficulties of conducting international research and the complexities of contemporary ... nations to conduct much of their research Much of the marketing of multinationals is now trumpeting their commitment to human rights and the environment Indeed many of the world's largest companies...

Ngày tải lên: 11/08/2014, 18:20

... historical understandings of the practices that constitutional rights prohibited, on the one hand, and historical understandings of the practices that rights did not proscribe, on the other, and contends ... endorsement of the divine and hereditary right of English kings to rule, his promotion of accumulated wealth in the hands of the few, and above all his disdain for common people and for the idea of government ... about the text, theorists insist that the warp and woof of constitutional law is still traceable to the written document and must be, given that the document and only the document counts as the...

Ngày tải lên: 18/02/2014, 11:20

... some of these factors – statism, legalism and epistemology – that inhibit the use of human rights discourse in non-state contexts, and asks what sort of human rights and what sort of human rights ... forms The very idea of rights is closely tied to the concept of rules and entitlements, and human rights, as the most important of rights, are tightly associated with the strongest mode of rules and ... namely law The assumption is that it is the duty of governments to see that the rights identified as human rights are expressed in and guaranteed by laws and the duty of courts to see that these laws...

Ngày tải lên: 30/03/2014, 02:20

... where the consequences of infection can be very severe, while the risk of living with one’s beloved cat is practically nill References Angulo FJ, Glaser CA, Juranek DD et al Caring for pets of immunocompromised ... with the human immunodeficiency virus Clin Infect Dis.1994;18:14-24 Han K, Shin DW, Lee TY, et al Seroprevalence of Toxoplasma gondii infection and risk factors associated with seropositivity of ... women in Korea J Parasitol 2008; 94: 963-965 Grant S and Olsen CW Preventing zoonotic diseases in immunocompromised persons: the role of physicians and veterinarians Emerg Infect Dis 1999; 5: 159-163...

Ngày tải lên: 03/11/2012, 11:06

... the traditional rights of the accused; the widening boundaries of the criminal law to include offences of preparation and planning; the scope and justification of offences against the person such ... interpreters engaged in the rationalisation and modernisation of the criminal law On the other hand, they bear responsibility to interrogate the problems of the law, and to seek to understand its inherent ... place at the International Institute for the Sociology of Law in Onati, Spain in June 2007 The main aim of the workshop was to gather together experts in the fields of criminal law and procedure,...

Ngày tải lên: 18/02/2014, 12:20

... in the education variables, only the direct effects of the years of schooling of the head of the household, the years of schooling of the money manager and the average schooling of the heads of ... Sixty-eight percent of the banks in the Northeast and 81% of the banks in the Central region make loans, while only 35% of the banks in the Northeast and 53% of the banks in the Central region offer savings ... savings and lending services In the Northeast, only 17% of the banks offer savings and lending In the Central region, 40% of the banks offer both savings and lending services In the Northeast, the...

Ngày tải lên: 06/03/2014, 10:20

... Conflict and Fragmentation of International Law Other Limits on the Scope of the Book Summary of Chapters The Protection of Human Rights under International Law Introduction The Protection of Human Rights ... Solidarity Rights Holders of Human Rights under International Law Individual and Group Human Rights Corporations and Human Rights Addressees of Human Rights Obligations under International Law States, ... International Law – Human Rights and Trade Introduction A Conception of the International Rule of Law and its Relevance to the Interaction of International Legal Rules and Principles Requirements of the International...

Ngày tải lên: 07/03/2014, 10:20

... relations theory, international history, international law, international ethics, institutional theory, and the application of social theory to the study of global politics wayne sandholtz is Professor ... dimension of the cosmopolitanisation of international law, another is the creation of international judicial institutions for the prosecution of crimes against humanity, genocide, and acts of aggression, ... are at odds with international human rights law, and to claim that they are actually busy promoting such law At another level, though, the crisis of legitimacy and the nature of the two organisations’...

Ngày tải lên: 07/03/2014, 11:20