International Human Rights Law & Theory- Fall 2020

This is an introductory course to international human rights law. The course will introduce students to the concepts of human rights, within the system of public international law. The course aims to work at three levels: to examine the role of human rights (law) in history and politics; to analyze the doctrine of international human rights law; to introduce key areas of current and future human rights practice. The goal is to achieve, to the extent possible, theoretical sophistication, doctrinal analytical competence, and a capacity to identify what kind of human rights practice will be important in the future. We will accordingly look at the historical evolution and political role of human rights law and examine key debates, both in the past and the present. We will look at the key institutions and mechanisms, at the global and regional level, for the monitoring and enforcement of human rights law and the extent of their jurisdiction. We will analyze how international law has articulated specific rights (for example the right to life, the prohibition of torture, the right to self-determination) as well as in specific contexts and themes (for example human rights and climate change; business and human rights) to understand the reach and function of human rights law in the international system. We will finish with a look at international human rights law practice, while reflecting on the most powerful critiques.

LLM Subject - 2021 - Kent Law School. Feel free to use it with due acknowledgment. About the Subject: Human rights occupy an extremely important place in contemporary discussions about law, justice and politics at both the domestic and the international level. Across all spheres of government, bodies of law and, pretty much, in every single social mobilization, human rights are invoked and debated. Just pay attention to the legal arguments underpinning or being mobilized in the news tonight. From access to drinking water and the protection of environmental resources in developed and developing countries, to contestations about the importance of more direct forms of citizens’ participation in the running of national and international affairs, to the challenging of gender stereotypes across the world, to battles around how to create a less unequal world, human rights have become an important language to advance all sorts of agendas. In doing so, human rights have become the horizon of what’s desirable and, at the same time, of what seems possible today. As such, human rights are giving a particular shape to our individual and collectives lives. This module approaches this key place occupied by human rights in the contemporary world from an international perspective. In placing our focus at the international level, the module aims to link the international human rights norms and human rights systems, with the actual practice and operation of human rights across the globe. Particular attention is paid in the module to the value, as well as the limits of human rights when they approach, or try to address the problems and the aspirations of six important ‘subjects’ – ‘subjects’ (human and non-human) which human rights have themselves helped to constitute in their current form: the Citizen, the Corporation, the Refugee, the Woman, the Non-Human Entity, and the Poor. The module is organized around lectures and seminars delivered by the convenor, as well as lectures given by invited guest speaker. Guest speakers are Kent Law School and external scholars with expertise in different areas of human rights. They will explore in their lectures how they have approached in their research and practice the six ‘subjects’ mentioned above (i.e. the Citizen, the Corporation, the Refugee, the Woman, the Non-Human Entity, and the Poor). The objective of inviting guest speakers to the module is to give you the opportunity to gain in-depth knowledge of different areas of human rights (in particular in terms of how human rights come to deal with the needs of specific subjects), and to familiarize you with different ways to think, theorize and use human rights today.

This highly original series offers a unique appraisal of the state of the art of research and thinking in international law. Taking a thematic approach, each volume, edited by a prominent expert, covers a specific aspect of international law or examines the international legal dimension of a particular strand of the law. A wide range of sub-disciplines in the spheres of both public and private law are considered; from international environmental law to international criminal law, from international economic law to the law of international organisations, and from international commercial law to international human rights law. The Research Handbooks comprise carefully commissioned chapters from leading academics as well as those with an emerging reputation. Taking a genuinely international approach to the law, and addressing current and sometimes controversial legal issues, as well as affording a clear substantive analysis of the law, these Handbooks are designed to inform as well as to contribute to current debates.

2010

This draft textbook chapter on international human rights law theory aims to give a comprehensive overview of the field to those interested in its ongoing dilemmas. It covers both the theory of human rights, of international human rights, and of international human rights law, as three integrated dimensions: human rights, the international and the legal. I would recommend the chapter as an introduction to a class on international human rights, at both the undergraduate and graduate levels. Note: although the chapter will be published in a different form in an actual book, I anticipate that this electronic version will be updated at regular intervals, and will therefore emerge as a live (although probably not quite real time) resource, that makes the most of a medium such as SSRN to post up to date content.

2021

This is an open access chapter distributed under the terms of the CC BY-NC 4.0 license.

2010

Preface List of Contributors Introduction Progressive Nuances in International Human Rights Paradigm 1. The Historical Development of International Human Rights, Michelo Hansungule 1. Introduction 2. Some Historical Perspectives on Human Rights 3. Universal Rights 4. The European View 5. Human Rights as Moral Ideas in Diverse Societies, Religions, and Cultures 6. Africa 7. Middle East (Islamic World) 8. Asia 9. Post-War Developments 10. Conclusion 2. Civil and Political Rights, Joshua Castellino 1. Introduction 2. The Covenant 3. The Rights Package 4. Future Challenges 3. An Introduction to Economic, Social and Cultural Rights: Overcoming the Constraints of Categorization through Implementation, Vinodh Jaichand 1. Introduction 2. Historical Development 3. Similarities and Differences in Content of ICCPR and ICESCR 4. The Norms and Enforcement 5. On Justiciability: An Example of the Protection of ESC Rights in a Region 6. On Justiciability: Domestic Enforcement 7. Conclusion 4. Women...

2016

Spring, 2016-Duffy Hall , Room 80 , WEDNESDAYS DIPL 4106AA 2:00-4:30 ; and DIPL 4106NA 5:00-7:30 pm Final Syllabus This course explores the history and nature of international human rights law and policy, considering both economic, social and cultural rights and civil and political rights as articulated through the United Nations and various sources of international law (treaties, custom, UN declarations and resolutions , and " soft law "). The structure of international institutions as they address particular aspects of human rights, with a focus on the creation and implementation of international law, global governance, and relations between states and non-state actors, will be examined in an effort to understand and define "human rights " in our time. By the end of the course, students

Facts and Norms Newsletter, 2024

ISSN 2965-8780 Editorial Welcome to the ninth edition of the Facts and Norms Newsletter for 2024. In this issue, we continue our commitment to providing comprehensive coverage of significant judgments and developments from international and regional courts, along with updates on pressing global issues. The International Court of Justice has received fifteen written statements concerning the question of the right to strike under ILO Convention No. 87, reflecting the global significance of labor rights. Additionally, Chile has filed a declaration of intervention in the Gaza case (South Africa v. Israel). This edition also covers the potential dire consequences for Yemen following recent strikes, the worsening humanitarian situation in Gaza exacerbated by inclement weather and ongoing conflict, the condemnation of attacks on a hospital in Ukraine, among other concerning news. The UN's call for more action to combat senseless criminality in Haiti, where rampant gang violence has resulted in thousands of deaths this year, is also featured. Additionally, we delve into the growing crisis in Afghanistan amidst declining international funding and restrictive measures imposed by the de facto authorities. Turning to regional tribunals, the Inter-American Court of Human Rights concluded its 169th Regular Session, delivering judgments in several significant cases involving forced disappearances, extrajudicial executions, and the rights of indigenous peoples, among other subjects. Within the African Human Rights System, the African Court on Human and Peoples’ Rights conducted hearings conducted a public hearing in a case concerning the rights of persons with albinism in Tanzania. The Court also delivered judgments on cases concerning the right to a fair trial, and issues of inadmissibility due to non-exhaustion of local remedies. This edition also features summaries of recent judgments by the European Court of Human Rights on a variety of topics. These include the prohibition of collective expulsion of aliens, the right to private life concerning expulsion on national security grounds, respect for patients' autonomy in medical decisions, property rights, family life and deportation, and the rights of journalists and opposition candidates. As always, our Academic & Professional Opportunities section provides a comprehensive overview of calls for papers, fellowships, job openings, and other opportunities in international law and human rights. We encourage our readers to explore these third-party opportunities and to independently verify the details provided. We further encourage our readers to learn more about the Facts and Norms Institute's second Winter Course on Legal Theory, International Law, and Human Rights. This exclusive educational opportunity for Portuguese speakers will take place in the vibrant city of Lisbon, Portugal, offering participants a chance to engage with renowned professors, explore critical legal issues, and experience the rich academic environment of the University of Lisbon! Details about the course can be found in the "News from the Institute" section below. We invite you to delve into this edition, engage with the diverse perspectives presented, and join us in our ongoing commitment to advancing knowledge, promoting justice, and upholding the principles of international law and human dignity. Enjoy the read! Professor Henrique Napoleão Alves, Chief Editor

PRAXIS - The Official Peer-Reviewed Journal of the Alumni for International Human Rights Law. This is the official version of the inaugural issue of PRAXIS. This official version supersedes and/or modifies accordingly any and all versions, descriptor, announcement, communication and/or related matter appearing here and/or elsewhere.