Struggles over the borders of international protection: A socio-legal analysis of climate-induced migration in Italy

Problem setting. The current state of affairs in society requires increased attention to the protection of human and citizen rights and freedoms. Martial law, as a legal regime, causes significant changes in the functioning of state institutions and society in general, endangering the basic rights and freedoms of citizens. Under such circumstances, it is especially important to develop and implement innovative approaches to ensuring the protection of human rights, which would take into account the specifics of the state of war and, at the same time, act as guarantors of compliance with the basic principles of the rule of law. This requires not only the reform of the legislation, but also the introduction of new technologies and methods that will allow more effective protection of citizens’ rights even in difficult conditions. Innovative approaches should be based on an increased level of awareness and training of both state bodies and civil society regarding mechanisms for the protection of rights in wartime. Analysis of recent researches and publications. Important aspects of the issue of innovative approaches to the protection of human and civil rights and freedoms have been studied by R. Shai, S. Husarov, O. Gilyaka, V. Kovalenko. However, despite the considerable experience in this area, the issue of introducing innovations to protect human rights and freedoms has not been fully explored. Purpose of the research is a comprehensive study of the features of innovative approaches to the protection of human and citizen rights and freedoms under martial law. This involves an analysis of the latest technologies, legal mechanisms and organizational solutions that can be effectively used to protect civil rights in emergency situations. In addition, the article examines the challenges and prospects of implementing these innovative approaches in the context of Ukrainian realities, in particular, taking into account socio-economic and legal aspects. Article’s main body. The research materials are: 1) normative and legal support for the protection of human and citizen rights and freedoms under martial law, including international conventions, domestic laws and by-laws; 2) works of domestic and foreign authors who conduct scientific and practical research in the field of human rights, innovative technologies and methods of protecting rights in armed conflicts. In the research process, the following scientific methods were used: theoretical generalization and grouping – to characterize the components of the system of protection of human and citizen rights and freedoms in the conditions of martial law and functions related to ensuring security; the method of formalization, analysis and synthesis – for the study of the domestic and the needs for the protection of rights in the conditions of martial law; comparative analysis – to develop different strategies and approaches to the protection of human and citizen rights in the conditions of martial law. The generalization of the results was used to formulate conclusions and develop recommendations for improving the system of protection of rights and freedoms in similar conditions. Conclusions and prospects for the development. The protection of human rights under martial law is a complex and multifaceted task that requires an integrated approach, including legal, administrative and socio-economic processes. The war caused and continues to cause a lot of grief, destroying everything in its path, the most valuable of which is human life and health. The main goal currently remains the issue of effective protection of a person and a citizen from external dangers lurking in modern Ukrainian society. This study aims to analyze approaches to the protection of human rights under martial law, determine their effectiveness and outline ways of improvement. Special attention is paid to the study of international experience and the possibility of its adaptation to modern Ukrainian conditions. As a result, it is planned to develop recommendations for the implementation of innovative approaches that will contribute to strengthening the legal protection of citizens in the conditions of martial law, increasing the level of their security and well-being.

Contents: The United Nations System: United Nations mechanisms to promote and protect human rights, Zdzislaw Kedzia The international labour organization's system of human rights protection, Lee Swepston UNESCO procedures for the protection of human rights, Karl Josef Partsch and Klaus HA fner. Regional Systems: The European systems for the protection of human rights, Maxime Tardu The Inter-American system for the protection of human rights, Hugo Caminos The protection of human rights in Africa: the African Charter on Human and Peoples' Rights, Daniel D.C. Don Nanjira Regional protection of human rights in the Arab States In Statu Nascendi, Bahey el Din Hassan. Towards Further Strengthening of Human Rights Protection: National systems for the protection of human rights, Jean-Bernard Marie Criminal responsibility for violations of human rights, William A. Schabas Sanctions and human rights, Katarina Tomasevski Indicators for the implementation of human rights, Michael Kirby The role of non-governmental organizations (NGOs) in the protection and enforcement of human rights, Laurie S. Wiseberg Index.

Contents: The United Nations System: United Nations mechanisms to promote and protect human rights, Zdzislaw Kedzia The international labour organization's system of human rights protection, Lee Swepston UNESCO procedures for the protection of human rights, Karl Josef Partsch and Klaus HA fner. Regional Systems: The European systems for the protection of human rights, Maxime Tardu The Inter-American system for the protection of human rights, Hugo Caminos The protection of human rights in Africa: the African Charter on Human and Peoples' Rights, Daniel D.C. Don Nanjira Regional protection of human rights in the Arab States In Statu Nascendi, Bahey el Din Hassan. Towards Further Strengthening of Human Rights Protection: National systems for the protection of human rights, Jean-Bernard Marie Criminal responsibility for violations of human rights, William A. Schabas Sanctions and human rights, Katarina Tomasevski Indicators for the implementation of human rights, Michael Kirby The role of non-governmental organizations (NGOs) in the protection and enforcement of human rights, Laurie S. Wiseberg Index.

Introduction. The article is concerned with international protection and promotion of human rights by the OIC. Recent developments in the international activity of the organization serve as the thematic justification of the study in the first place, as they reveal certain modifications in its approach to human rights. The study covers several theoretical and practical problems of international public law and national legal orders.Materials and Methods. Methodology of the study includes general scientific methods, such as scientific assessment and description, scientific analysis and synthesis, abstraction, scientific explanation etc., and special methods of jurisprudence, such as historical, comparative and dogmatic methods. For the purposes of the study, universal agreements and soft law acts as well as OIC acts on human rights were studied alongside with UN databases and scientific and analytical papers on Islamic law and international public law.Results. The study revealed that activity of the OIC and its member states in the field of protection and promotion of human rights shows more compliance with the universal standards and is likely to continue in that direction. It outlines the pluralistic approach of the OIC to human rights teachings and its concurrent commitment to Islamic and universal human rights concepts. Modifications in the OIC protection of human rights of vulnerable social groups are explored.Discussion and conclusion. Activity of the OIC in the field of international human rights protection is analyzed from the standpoint of cultural relativism, the views on possible achievement of compatibility of human rights in Islam and universal standards are supported, the approach of the OIC to human rights is considered to reflect the particularities of approaches to human rights of Islamic states and international public law. At the same time ineffectiveness of certain human rights protection measures taken by some mechanisms of protection of human rights of the OIC are pointed out.

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

The article examines international means of protecting the rights and freedoms of a person and a citizen in Ukraine. The analyzed Ukrainian experience confirms that the degree of protection of human rights and freedoms in any state today depends not only on the level and efficiency of the national judicial system, but also on integration into the international system of protection of human and citizen rights and freedoms. Ukraine takes an active part in international relations, concludes treaties and agreements and further ratifies them. International normative treaties occupy a special place in the legal system of every state. Therefore, such a principle as implementation into the national legal system of ratified conventions and international treaties is one of the most important principles of human rights protection. It is emphasized that the problem of protecting human rights and basic freedoms goes far beyond the borders of one state. It is human rights that are currently the most common factor in the interaction of national legal systems, as they contribute to the integration of the global and regional legal space. It is noted that according to the Constitution of Ukraine, the function of protecting human rights and freedoms is entrusted to the President of Ukraine (as the guarantor of human rights), the Constitutional Court of Ukraine (the main judicial body for the protection of the rights of Ukrainian citizens) and the Commissioner of the Verkhovna Rada for Human Rights in Ukraine. In Art. 9 of the Constitution of Ukraine recognizes the priority of the principles and norms of international law and their belonging to the legal system of Ukraine, everyone is guaranteed the right to appeal to international bodies for the protection of rights and freedoms, if all available domestic means of legal protection have been exhausted. The mechanisms of universal cooperation and control include primarily the UN, one of the goals of which is international cooperation to solve international problems of an economic, social, cultural and humanitarian nature, as well as the promotion and development of respect for human rights and basic freedoms of all, regardless of race, gender, language and religion.

This article is devoted to consideration of issues that cover the most sensitive and popular topics of today, in particular, the protection of human and citizen rights during escalation, assistance in the protection of fundamental rights by the international representation. Respect and protection of human rights is one of the leading principles of international law, enshrined in international legal treaties. All countries must adhere to the principles of freedom, democracy, respect for human rights and fundamental freedoms.Human rights, which are enshrined in current international legal treaties, are the result of the long-term historical development of social and political thought, the gradual formation of standards that have become the norm for the life of a modern democratic society. The author examines the provisions of the most famous international documents related to the protection of human rights during an armed conflict: the Convention for the Protection of Human Rights and Fundamental Freedoms, the additional protocol to the Geneva Conventions of , relating to the protection of victims of armed conflicts of a non-international nature (Protocol II) of June 8, 1977 year, the International Covenant on Civil and Political Rights of December 16, 1966 and other international documents relating to armed conflicts of a non-international nature. The international system of human rights protection is part of the system of international relations as a whole, but on the other hand, it is a system of international law, forming one of its branches. There are three main points of view regarding the place of human rights in international relations. According to the traditional statistical approach, human rights are a matter of sovereign state jurisdiction and continue to be a secondary object of international relations. There is a need to ensure human rights under any circumstances. An important priority in international cooperation is the protection and guarantee of human rights during armed conflicts and conflicts of a non-international nature. To date, international law refers to armed conflicts with condemnation, aggression, and prohibits any kind of war in general. But unfortunately, this is our reality of modern stages of human development.

It is indicated that the axiological function of human rights is a key element in the processes of formation, development and functioning of the legal system, creating a structured system of value orientations at both the individual and collective levels. This function provides a logical basis for understanding their fundamental importance and universal meaning in the context of human existence and social development, while determining the basic principles for law-making activity and law enforcement practice. The article defines the role of human rights in the legal system by analyzing and substantiating the relevant functions that are crucial for the existence of the legal system as a whole. The fundamental role of human rights in the legal system as basic guidelines for the formation, development and application of all legal norms and institutions, determining the content of legal regulation, and the fundamental basis of the legal system of a democratic state is substantiated. It is established that the study of the role of human rights in the legal system has not only theoretical, but also practical significance for the effective functioning of the legal system, ensuring the rule of law and legal certainty. The study of the role of human rights in the legal system through their functional analysis is proposed, based on a set of functions that are crucial for the existence of the legal system as a whole, and such functions as value-orientation, guarantee, integration, regulatory and control are defined. It is indicated that the integration function of human rights ensures the integrity of the legal system, its coherence and interconnection between various legal branches, contributing to its harmonization, unity and compliance with international standards. The regulatory function of human rights is characterized as providing a direct impact on the mechanism of normative and legal regulation of social relations, by determining the impact of the need to observe human rights on the formation of new legal norms, as well as creating a balance between individual freedom and the interests of society and the state by ensuring the relationship between human rights and their obligations. The role of the control function of human rights in guaranteeing the orientation of legal mechanisms towards the real protection of human rights and freedoms, by contributing to ensuring the compliance of national legislation with international human rights standards and the establishment of the rule of law and legal certainty, is emphasized.

The state of the environment in general and the negative effects of armed conflict in particular are issues to be addressed. The impact of these factors on human rights is obvious. The purpose of this article is to analyze norms and practice of international law to determine the possibility of the protection of environmental human rights in the context of armed conflict. The analysis of international legal norms shows a deficit of special rules providing for the protection of environmental human rights in the context of armed conflict. The volume of international law providing for the direct protection of the human right to a healthy environment is extremely limited. They represent the norms of "soft law" and are not legally binding or, in the most general terms, are enshrined in some regional instruments. The existing state of international legal regulation of this issue necessitates recourse to international judicial and non-judicial bodies. In this context, the practice of the African Commission on Human and Peoples Rights, Inter-American Commission on Human Rights, the European court on Human Rights, as well as acts adopted by the treaty bodies on human rights concerning the protection of individual human rights because of damage to the environment, may be relevant. The analysis of such practices and acts shows that the protection of environmental rights of the individual in the context of other human rights, namely: the right to life, right to adequate standard of living, the right to the highest attainable standard of health, right of ownership etc. In general, the protection of environmental human rights in the context of other human rights is possible in the conditions of an armed conflict, taking into account the characteristics of the latter. Therefore, this approach can ensure the protection of environmental human rights in the context of armed conflict.

The article draws attention to the fact that international protection of rights during armed conflicts plays an important role, and it must be effective for its implementation in countries in armed conflicts Regardless of its nature, whether international or non-international armed conflict, it threatens the realisation of most fundamental human rights and freedoms, including the most important natural human right - the right to life. The author examines the problems of international protection of human and civil rights in armed conflicts, the history of international campaigns to protect human rights in various paramilitary attacks, and the new international policy on human rights protection during the Russian-Ukrainian war. The purpose of the article is to analyse the international protection of human rights in the context of historical challenges and current armed conflicts, highlighting key issues, aspects and possible ways to improve existing legislation and practice. Case studies will also be considered to better understand the dynamics of human rights protection during armed conflicts and the role of international organisations in this process. The article concludes that international norms and treaties aimed at protecting human rights remain relevant and effective even in the most difficult conditions, such as armed conflicts. International human rights law, in particular, as defined by specific instruments, provides the necessary framework for the protection of fundamental rights and dignity of people even during hostilities. It is noted that it is important that the international bodies responsible for the implementation and enforcement of these norms confirm the inalienability of human rights protection in conflict situations. The condemnation of war crimes, genocide and violations of international humanitarian law indicates that the international community recognises the importance of protecting fundamental rights during war. It is emphasised that even in exceptional situations, when states take measures to derogate from their obligations due to the threat to the life of the nation, the preservation and protection of human rights remains a central task of the international community. It is important to continue to improve the mechanisms and instruments of international law aimed at ensuring the effective protection of human rights in time of war, thereby contributing to stability, justice and human security in the world.

This study aims to examine and analyze the implications of human rights protection in criminal law. The results of the study indicate that human rights protection is one of the important principles in criminal law. Human rights protection in criminal law aims to ensure that everyone suspected or accused of committing a crime receives fair and humane treatment. Human rights protection has become a major focus in the context of criminal law in various countries. This article explores the implications arising from human rights protection within the criminal law framework. In this context, the main focus is on how human rights principles influence the formation, application, and implementation of criminal law. This article discusses the basic concept of human rights and its relationship to criminal law. Then, emphasis is placed on the role of human rights in influencing the legislative process, law enforcement, and criminal sentencing. The consequences of human rights violations in the context of criminal law are also debated in depth. Thus, a thorough understanding of the implications of human rights protection in criminal law is essential to ensure that the legal system can maintain the right balance between justice, individual protection, and effective law enforcement.

Gráinne de Búrca’s chapter analyses the evolution of EU human rights law in three distinct periods. The first is the period prior to the creation of the European Communities, when the human rights provisions of the draft European Political Community Treaty and its background materials were drawn up in the early 1950s. The second covers the period from the disappearance of human rights matters from European Community discourse with the adoption of the EEC and Euratom Treaties in 1957, until their re-emergence through the 1970s and 1980s in judicial and political discourse. The third covers the ‘high constitutional’ period from the adoption of the Maastricht Treaty in 1992 until after the adoption of the Lisbon Treaty in 2010, and reflects on what has taken place in terms of the development of EU human rights law between the time of the Lisbon Treaty and today. The chapter highlights three principal differences between the framework envisaged in the 1950s and that which is in place today, focusing on today’s much more limited monitoring, review, and intervention role for the EU with regard to human rights protection within the Member States, the more distant relationship between the EU and the ECHR and their respective courts, and the uneven role for human rights in the EU’s internal as opposed to its external relations. The chapter concludes by reflecting on whether the EU’s current constitutional framework for human rights protection is fit for purpose as we enter the third decade of the millennium.

The right and role of critiquing the contemporary patchwork of protection

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's Rights in International Law, Mmatsie Mooki, Rita Ozoemana, Michelo Hansungule 1. Introduction 2. Recognition of Women's Rights: United Nations Charter and the International Bill of Rights 3. Women's Rights in other United Nations Convention 4. Convention on the Elimination of all forms of Discrimination against Women 5. United Nations Groundbreaking Conferences 6. Violence Against Women 7. Conclusion 5. Globalization and Human Rights, Heli Askola 1. Introduction 2. Globalization 3. Economic Globalization and Human Rights 4. Political, Social and Cultural Globalization and Human Rights 5. Conclusion 6. Role of the UN in the Promotion and Protection of Human Rights, Elvira Dominguez-Redondo 1. Introduction 2. From Codification to Efficiency: The Different Phases of the Human Rights Discourse within the United Nations 3. Normative Development of the UN System of Protection and Promotion of Human Rights 4. Charter-based and Treaty-based Monitoring Mechanisms: Public Special Procedure and the Work of the Committees 7. Attributes of Successful Human Rights on-Governmental Organizations (NGOs) - Sixty Years After the 1948 Universal Declaration of Human Rights, George E. Edwards 1. Introduction 2. NGOs & Human Rights NGOs 3. Ten Characteristics of Successful Human Rights NGOs 4. NGO Self-Regulation Via Codes of Conduct and Ethics 5. Conclusion 8. Do States have an Obligation under International Law to Provide Human Rights Education?, Paula Gerber 1. Introduction 2. Human Rights Education (HRE) in International Law 3. Obstacles to the Realization of HRE 4. Conclusion 9. Application of International Standards of Human Rights Law at Domestic Level, Joshua Castellino 1. Introduction 2. The Codification of International Human Rights Standards as Law 3. Domestic Implementation of Rights: The 'Engine Room' of Universal Instruments of Human Rights 4. Conclusion 10. Role of Regional Human Rights Instruments in the Protection and Promotion of Human Rights, Azizur Rahman Chowdhury, V. Seshaiah Shasthri, Md. Jahid Hossain Bhuiyan 1. Introduction 2. European Human Rights Treaties and Their Implementation 3. The Inter-American Convention on Human Rights, 1969 4. The African Charter on Human and Peoples' Rights, 1981 5. Concluding Remarks Index

This article is concerned with the role of corporate governance systems in the global governance of human rights protection. It departs from the observation that corporations have been more strongly integrated into the system of international human rights protection, but differently than initially anticipated by international lawyers. Rather than moving towards acceptance of corporations as subjects that can or should have international legal personality, corporations become accepted as actors that should instrumentalize their own private governance systems for international human rights protection. To that end, this article develops two interlinked arguments: First, it shows doctrinally how the recent developments in the global governance of business and human rights, notably the UNGP, have led to corporate governance structures becoming instrumentalised as the core and central means for corporate human rights protection at the expense of state-based human rights protection. Second, it is shown how this use of corporate governance for international human rights protection is likely to change the very nature of the international human rights that are supposed to be protected. By means of reviewing recent empirical studies on how corporations incorporate human rights within their governance structure and comparing this to the related understanding in international human rights law, it is revealed how the origin, justification and content of human rights as well as the required processes and remedies to ensure their protection changes in the translation from a state-centric to a corporate-centric understanding. In corporate governance structures, human rights become de-formalized and re-modelled in their meaning and enforcement. This result poses new questions, most importantly whether such a development is to be welcomed or criticised, i.e. whether this ‘corporate understanding’ of human rights should be accepted or whether it is necessary to ‘go back to the starting point’ of a state-centric understanding. The contribution concludes tentatively in a twofold direction. It argues for an inevitably stronger role of private law in this ‘new reality’ of human rights protection, as private law is ultimately the law that may regulate corporations as private actors. Simultaneously, it outlines and highlights the tensions that lawyers –both human rights lawyers as well as private and corporate lawyers – will face when attempting to realise this goal.