Influence Of Human Rights Law Research Articles

The World Health Organization, International Health Regulations and Human Rights Law

Abstract This article examines the influence of human rights law on infectious disease control through the World Health Organization (who) International Health Regulations (‘IHR’). The who’s evolving work to mainstream human rights in global health governance strongly influenced the 2005 revision of the ihr, framing a new balance between health and human rights in public health emergencies. The 2005 ihr make respect for human rights a central principle and integrate human rights standards in explicit and implicit ways. Yet these reforms also fail to reflect economic, social and cultural rights, inadequately connect to the UN human rights system, and leave unresolved significant legal issues with major impacts on human rights. These weaknesses have been exposed by the covid-19 pandemic, as national pandemic responses have tested who’s authority under the ihr and disproportionately and unjustifiably restricted a range of human rights. Resolving these gaps will require both normative and institutional reforms that bring together human rights and global health governance, including through broader rights-based partnerships amongst international organizations.

Global Health Law

This chapter introduces the field of global health law as a foundation to prevent disease and promote health in a globalizing world. Recognizing inequalities in public health throughout the world, the Background section considers the extent to which legal capacities and authorities differ across nations, undercutting efforts to achieve equity in global health. To alleviate these global inequities, the Analysis sections (and accompanying Hypothetical Case Studies) look to global health governance as a foundation of global health law, with the World Health Organization (WHO) exercising its legal authorities to prevent the international spread of infectious diseases and the underlying global determinants of NCDs. The Discussion section examines the rising importance of global health law as a basis to realize global health with justice, considering the influence of human rights law as a foundation for dignity in global health and the rise of new initiatives to alleviate global inequity through international conventions. This chapter concludes that engaging with public health law in a globalizing world will require global health law, establishing a foundation for the global practice of public health law.

The Relationship between Human Rights Law and International Humanitarian Law Using the Example of Targeted Killings

This article examines the relationship between human rights law and international humanitarian law (IHL) using targeted killings as an example. It analyses the question of whether such an instrument is justified within the human rights and IHL framework, in particular to what extent human rights, which protect every life, influence the legal admissibility of targeted killings under IHL. First, the admissibility of targeted killings under human rights law is discussed. The relationship between the two areas of regulation and the influence of human rights law on international and non-international armed conflict will then be examined. The article shows that human rights law requires a broad interpretation of the concept of the civilian as well as a precise weighing within the proportionality test. Furthermore, the influence of human rights on combatants participating directly in hostilities and on the figure of the permanent fighter is discussed. All in all, the article suggests an interpretation closely oriented towards human rights due to the high potential of danger resulting from targeted killings.

Between the Devil and the Deep Blue Sea: Administrative Law in an Age of Rights

This book of essays celebrates Mark Aronson's contribution to administrative law. As joint author of the leading Australian text on judicial review of administrative action, Aronson's work is well-known to public lawyers throughout the common law world and this is reflected in the list of contributors from the US, Canada, Australia, New Zealand and the UK. The introduction comes from Justice Michael Kirby of the Australian High Court. The essays reflect Aronson's interests in judicial review, non-judicial grievance mechanisms, problems of proof and evidence, and the boundaries of public and private law. Amongst the contributors, Peter Cane, Elizabeth Fisher, and Linda Pearson write on administrative adjudication and decision-making, while Anita Stuhmcke and Peter Leyland deal with other grievance mechanisms and accountability. Robin Creyke and John McMillan, the Commonwealth Ombudsman, write on charters, codes and 'soft law'. There are evaluations of the profound influence of human rights law on judicial review from the UK by Sir Jack Beatson and Thomas Poole and from Canada by David Mullan. Mathew Groves, Enid Campbell, Christos Manztiaris, and Chief Justice James Spigelman address developing themes in judicial review, including purpose and expectations., Carol Harlow and Richard Rawlings, Michael Taggart and Janet McLean follow Aronson's interests into the private side of public law. An American perspective is added by Alfred Aman and Jack Beermann.

THE LAW OF OCCUPATION REVISITED: THE BEGINNING OF AN OCCUPATION

AbstractThis article discusses the criteria for establishing the beginning of an occupation. To this end, it analyzes the wording and drafting history of IHL instruments as well as international case law. It also looks at the influence of human rights law, in particular the notion of “jurisdiction” as used in the ICCPR and the ECHR, on the concept of occupation. Given that the IHL instruments on occupation were drafted some time ago, the impact of a number of technological developments in military affairs on the criteria for the beginning of occupation are discussed. The article concludes that the core of the concept of occupation consists of a negative and a positive element. The negative element is that the indigenous authorities of the occupied territory have been rendered incapable of functioning publicly. The positive element is expressed in Article 42 of the Hague Regulations as the requirement that the territory ‘is actually placed under the authority of the hostile army’.

The Influence of International Human Rights Law upon Criminal Justice Systems

Is international law, law in the real sense? This is a question that has been frequently posed not only by inquisitive undergraduate students, but also by national law practitioners. The sceptics of international law point to the absence of firmly established legislative, executive and judicial mechanisms—mechanisms that represent the essence of an effective legal system. The influence of human rights law upon national laws may appear particularly limited and tenuous. Furthermore, in the light of significant violations of individual and collective rights, there is scepticism about the effectiveness or influence of international human rights law upon national legal systems. This article, in challenging those sceptics who question the effectiveness of international human rights law, argues in favour of a strong and influential relationship between national criminal justice systems and international human rights law.

The influence of human rights law on the procedural formalities of the asylum determination process

The article examines the extent to which the due process norms enshrined in international human rights law have been applied to, influenced, and informed the law and policy of refugee‐receiving states. Such an inquiry is necessary because the international protection regime for refugees is under threat from state practices which are almost universally abrogating procedural standards of fairness in refugee determination processes. Furthermore, domestic due process standards, or natural justice traditions have proved largely impotent in preventing or moderating this lowering of legal procedural safeguards. Thus, it becomes necessary to examine the protection potentially available under human rights law. The examination of the relevant provisions in the UDHR, ICCPR, ECHR AND ACHR comprise the main body of the article, with particular emphasis placed on the jurisprudence of the European Court of Human Rights and European Commission in respect of Article 6(1) and Article 5(4).