International human rights law

ENSHRINEMENT OF HUMAN RIGHTS MAY BE INAPPROPRIATE OR UNNECESSARY Having come to the conclusion that there may not always be a reason for human rights to be enshrined as legally enforceable entitlements, invites an exploration of whether , indeed doing so could be unduly restrictive, inappropriate or even counter intuitive, I will address these three claims in turn 1. Legal enshrinement of a human right as a legally enforceable right may unduly restrict our contemporary list of human…

Midterm // Philosophy of Human Rights // Conner Hanke The predominant discrepancy between Beitz’ practical approach and Griffen’s naturalist theory is that the practical approach is a structural account and Griffen’s is a substantive account. Beitz’ approach is structural in the sense that the protection and enforcal of human rights is contingent on state governments and the international community as a whole. The contingency of human rights’ existence on state governments is the answer to his…

To the Admissions Department of the Geneva Academy of International Humanitarian Law and Human Rights, When talking about transitional justice, two pictures come to my mind. As an international human rights observer in Guatemala, I had the chance to follow transitional justice cases. One of them was the Sepur Zarco’s woman case, historic for being the first criminal trial about sexual violence committed by the army during Guatemala’s armed conflict. It was observing one of the testimony…

On both a national and international scale, Violence against Women is one of the most universally violated human rights; as outlined in the United Nation’s ‘Universal Declaration of Human Rights’, Article 3 “everyone has the right to life, liberty and security of person.” In Australia alone over one woman a week is killed by someone known to them; this year 57 women have been murdered by a current or former partner in Australia, not including unreported or unsolved cases. Whilst a variety of…

Sources of the Law in England and Wales Introduction Sovereign Body of Parliament has created the legislation in England and Wales. The sovereign body is three-layer legislation in which Queen plays a formal role, House of Commons creates legislation, which is referred as statues, lastly, the House of Lords, which acts as a supreme court in English law. English Law is one of the largest written laws in the world, and many countries have referred English Law to construct their law, and that is…

determines planned, authorized, committed or aided the terrorist attacks that occurred on September 11, 2001.’ The US acted in a manner that made the attack not only a national calamity but an international one as well, one that pressured its allies into making exceptions to their own constitutional and international commitments. The US Constitution prohibits the suspension of the Writ of Habeas Corpus unless the emergency is so severe that it warrants the suspension of the same in the interest…

It is really hard a society becomes post-racial. But it is not impossible. Actually, I believe that besides we are really far from it, we are also walking in the right direction. But, this discussion must to begin with the next questions: What is a post-racial society? What is race and racism? How can we avoid this action? In an introductory way, race can be the response to the question “what are you?” and have relationship with culture, beliefs and what part the world the person came from.…

Australia should have a bill of rights is widely debated and there are many different views about this question. According to the legal dictionary, the bill of rights is a list of fundamental rights and freedoms that are guaranteed by the Australian Constitution. As compared to other western countries such as the Great Britain, Australia is the only western country who does not have the bill of rights. Despite the fact that many countries have adopted the bill of rights, there are both positives…

non-intervention, but with an increasing global awareness of and attention to the principles of humanity and human rights, the future of HI is subject to when and how these conflicting principles are resolved (Wheeler 2001: 551). In our post-September 11 world, HI has again been laden with doubts and scepticism regarding legitimacy, resulting in discussions of intervention in cases of grievous rights abuses being dismissed or discredited through the excuse of the war in Iraq and Afghanistan…

For any intervention in the world, the international community should have some strong reasons. The United Stated Before considering the changing nature of humanitarian intervention under international law, it is necessary to consider briefly why humanitarian intervention was appeared as a justification for the 2003 war against Iraq. The cruel and brutal nature of the Iraqi regime is indisputable. For a long time, the former regime oppressed a system of persecution that contained widespread…