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Norms of Consultation with Indigenous Peoples: Decentralization of International Law Formation or Reinforcement of States’ Role?

Posted on Actualizado enn

Dwight G. Newman
University of Saskatchewan College of Law
May 14, 2012

“International Law in the New Age of Globalization”, 267-86 (Andrew Byrnes, Mika Hayashi & Christopher Michaelsen eds., 2013), Forthcoming

As with the traditional formation of customary international law more generally, one might frame a case for norms of consultation with Indigenous peoples in terms of state practice and opinio juris, and some have done so in at least partial ways. This chapter focuses, rather, on what has arguably become the most significant post-DRIP comment on consultation, that issued by Special Rapporteur James Anaya in his second report to the United Nations Human Rights Council as Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People. Leer el resto de esta entrada »


What is an ‘absolute right’? Deciphering Absoluteness in the Context of Article 3 of the European Convention on Human Rights

Posted on Actualizado enn

Natasa Mavronicola, PhD Candidate in Law, University of Cambridge (nm407@cam.ac.uk). I am grateful to Professor David Feldman for his invaluable guidance and to Dr Stephanie Palmer, Dr Roger O’Keefe and the anonymous referees for their valuable and constructive comments.

The answer to the question of what it means to say that a right is absolute is often taken for granted, yet still sparks doubt and scepticism. This article investigates absoluteness further, bringing rights theory and the judicial approach on an absolute right together. A theoretical framework is set up that addresses two distinct but potentially related parameters of investigation: the first is what I have labelled the ‘applicability’ criterion, which looks at whether and when the applicability of the standard referred to as absolute can be displaced, in other words whether other considerations can justify its infringement; the second parameter, which I have labelled the ‘specification’ criterion, explores the degree to which and bases on which the content of the standard characterised as absolute is specified.

This theoretical framework is then used to assess key principles and issues that arise in the Strasbourg Court’s approach to Article 3. It is suggested that this analysis allows us to explore both the distinction and the interplay between the two parameters in the judicial interpretation of the right and that appreciating the significance of this is fundamental to the understanding of and discourse on the concept of an absolute right.

Source: Human Rights Law Review

Plakokefalos: Prevention Obligations in International Environmental Law

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Plakokefalos: Prevention Obligations in International Environmental Law Ilias Plakokefalos (Univ. of Amsterdam – Law) has posted Prevention Obligations in International Environmental Law (Yearbook of International Environmental Law, forthcoming).

Here’s the abstract: The paper seeks to examine the content and nature of prevention obligations in international environmental law. Despite their frequent reference to these obligations in practice and in the literature their exact content remains ill-defined. Similarly, their exact nature of these obligations has not been sufficiently explored. The first part analyses the content of prevention obligations (notification, environmental impact assessment, exchange of information and negotiations/consultations). The second part, discusses and evaluates the dual nature of these obligations: as autonomous primary obligations of result and as elements of the general due diligence no-harm obligation.

Source: International Law Reporter

Article on Margin of Appreciation and Environmental Law

Posted on Actualizado enn

The newest issue of Global Constitutionalism (Vol. 2, Issue 2, July 2013) includes an article on the margin of appreciation and environmental law. The article, by Chris Hilson of the University of Reading, is entitled ‘The margin of appreciation, domestic irregularity and domestic court rulings in ECHR environmental jurisprudence: Global legal pluralism in action’. This is the abstract:

Global legal pluralism is concerned, inter alia, with the growing multiplicity of normative legal orders and the ways in which these different orders intersect and are accommodated with one another. The different means used for accommodation will have a critical bearing on how individuals fare within them. This article examines the recent environmental jurisprudence of the European Court of Human Rights to explore some of the means of reaching an accommodation between national legal orders and the European Convention. Certain types of accommodation – such as the margin of appreciation given to states by the Court – are well known. In essence, such mechanisms of legal pluralism raise a presumptive barrier which generally works for the state and against the individual rights-bearer. Leer el resto de esta entrada »

“From Rights to Remedies: Structures and Strategies for Implementing International Human Rights Decisions”

Minientrada Posted on Actualizado enn

The Open Society Justice Initiative published the report “From Rights to Remedies: Structures and Strategies for Implementing International Human Rights Decisions”. You will find the report here.

What’s the Future for Women’s Rights?

Posted on Actualizado enn

In an interview with Susan Tolmay from the women’s rights organization AWID, Charlotte Bunch, Founding Director and Senior Scholar of the Center for Women’s Global Leadership, Rutgers University, talks about how women’s rights have come to be understood more as fundamental human rights, and how the Vienna World Conference on Human Rights helped to shape this process. She also points to the challenges that remain on the road to a full realization of women’s rights, and what impact the MDGs have had with regard to women.

VIENNA +20 – The World Has Changed Considerably, As Women’s Rights Are Taken More Seriously As Human Rights
AWID spoke to Charlotte Bunch, Founding Director and Senior Scholar of the Center for Women’s Global Leadership, Rutgers University, about the key role the 1993 World Conference on Human Rights in Vienna and the Vienna Declaration and Programme of Action (VDPA) played in advancing a human rights revolution, and why Vienna + 20 needs to highlight both the progress and the continuing obstacles to realization of these rights. Leer el resto de esta entrada »

Cole: The Structure of Investment Arbitration

Posted on Actualizado enn

Tony Cole (Brunel Univ. – Law) has published The Structure of Investment Arbitration (Routledge 2013). Here’s the abstract:

Although a State’s treatment of foreign investors has long been regulated by international law, it is only recently that international investment law has emerged as an independent discipline in its own right. In recent decades the practical success of investment arbitration has allowed international investment law to develop both its own cadre of academic and professional specialists and its own legal doctrines. Leer el resto de esta entrada »