Pub Date : 2018-10-10DOI: 10.1163/13894633_021001017
Editors Max Planck Yearbook of United Natio
{"title":"Thomas M. Antkowiak and Alejandra Gonza: The American Convention on Human Rights: Essential Rights","authors":"Editors Max Planck Yearbook of United Natio","doi":"10.1163/13894633_021001017","DOIUrl":"https://doi.org/10.1163/13894633_021001017","url":null,"abstract":"","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126777002","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2013-10-14DOI: 10.1163/18757413-90000084
Ally Possi
Human rights in Africa are under the microscope of regional and subregional mechanisms. The regional mechanism is under the auspices of the African Union (AU), in which human rights come under the scrutiny of the African Court on Human and Peoples’ Rights and the African Commission on Human and Peoples’ Rights. Sub-regional organizations, established as Regional Economic Communities (RECs), have recently developed their own jurisprudence in promoting and protecting human rights in Africa through their legally constituted institutions. The Economic Community of West African States (ECOWAS), the East African Community (EAC) and the Southern African Development Community (SADC) have emerged as front runners in realizing human rights in Africa. The principles governing the operations of the EAC in meeting its objectives include the promotion and protection of human rights. The EAC has established the East African Court of Justice (EACJ), tasked with interpreting and ensuring the application of the EAC Treaty. This article pinpoints key challenges that the EACJ is currently encountering and tries to find possible solutions which can improve the functioning of the EACJ to effectively protect human rights in the Community.
{"title":"The East African Court of Justice: Towards Effective Protection of Human Rights in the East African Community","authors":"Ally Possi","doi":"10.1163/18757413-90000084","DOIUrl":"https://doi.org/10.1163/18757413-90000084","url":null,"abstract":"Human rights in Africa are under the microscope of regional and subregional mechanisms. The regional mechanism is under the auspices of the African Union (AU), in which human rights come under the scrutiny of the African Court on Human and Peoples’ Rights and the African Commission on Human and Peoples’ Rights. Sub-regional organizations, established as Regional Economic Communities (RECs), have recently developed their own jurisprudence in promoting and protecting human rights in Africa through their legally constituted institutions. The Economic Community of West African States (ECOWAS), the East African Community (EAC) and the Southern African Development Community (SADC) have emerged as front runners in realizing human rights in Africa. The principles governing the operations of the EAC in meeting its objectives include the promotion and protection of human rights. The EAC has established the East African Court of Justice (EACJ), tasked with interpreting and ensuring the application of the EAC Treaty. This article pinpoints key challenges that the EACJ is currently encountering and tries to find possible solutions which can improve the functioning of the EACJ to effectively protect human rights in the Community.","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"134 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115989634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2013-08-05DOI: 10.1163/18757413-90000081
P. Hilpold
After World War I the far-reaching border changes in Europe created a large number of new minorities. As a consequence, special protection measures had to be introduced. With the League of Nations’ minority protection system an extraordinary experiment was started. After World War II this system was largely ignored and fell into oblivion. In the past all too easily the minorities themselves were held responsible for the failure of this system. In this context it is often said that minorities behaved in a disloyal manner and therefore it was at least understandable that minority states over the years treated their minorities badly and finally denounced their obligations. In reality, however, such an attitude rests on a radical misinterpretation of the loyalty principle and on a denial of historic facts. All in all, the ideas and concepts of these times live on and are shaping modern human rights thinking.
{"title":"The League of Nations and the Protection of Minorities – Rediscovering a Great Experiment","authors":"P. Hilpold","doi":"10.1163/18757413-90000081","DOIUrl":"https://doi.org/10.1163/18757413-90000081","url":null,"abstract":"After World War I the far-reaching border changes in Europe created a large number of new minorities. As a consequence, special protection measures had to be introduced. With the League of Nations’ minority protection system an extraordinary experiment was started. After World War II this system was largely ignored and fell into oblivion.\u0000 In the past all too easily the minorities themselves were held responsible for the failure of this system. In this context it is often said that minorities behaved in a disloyal manner and therefore it was at least understandable that minority states over the years treated their minorities badly and finally denounced their obligations. In reality, however, such an attitude rests on a radical misinterpretation of the loyalty principle and on a denial of historic facts. All in all, the ideas and concepts of these times live on and are shaping modern human rights thinking.","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"7 8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121991853","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2013-07-19DOI: 10.1163/18757413-90000082
T. O. Hansen
Taking the starting point in an assessment of three major “selection decisions” made by the ICC Prosecutor in the situation in Mali, this article provides for a discussion of the key challenges relating to explaining how the ICC Prosecutor undertakes its “selection decisions”. First, the article explores the Prosecutor’s justifications for acting positively on Mali’s self-referral to the ICC. Second, it examines how the Prosecutor justifies that some crimes, but not others, will be subject to further investigation. Third, it provides for a discussion of how the Prosecutor selects suspects for further investigation. These three “selection decisions” are examined in light of the governing law and policies as well as the Prosecutor’s earlier practice and the scholarly debate. Some of the broader legitimacy challenges facing the Court are also discussed. In contrast to what the Prosecutor suggests, the article concludes that the Office of the Prosecutor does appear to treat self-referrals as a special category of cases where different standards apply. The article also concludes that it is doubtful that the gravity concept provides a clear framework for making “selection decisions”.
{"title":"Reflections on the ICC Prosecutor’s Recent “Selection Decisions”","authors":"T. O. Hansen","doi":"10.1163/18757413-90000082","DOIUrl":"https://doi.org/10.1163/18757413-90000082","url":null,"abstract":"Taking the starting point in an assessment of three major “selection decisions” made by the ICC Prosecutor in the situation in Mali, this article provides for a discussion of the key challenges relating to explaining how the ICC Prosecutor undertakes its “selection decisions”. First, the article explores the Prosecutor’s justifications for acting positively on Mali’s self-referral to the ICC. Second, it examines how the Prosecutor justifies that some crimes, but not others, will be subject to further investigation. Third, it provides for a discussion of how the Prosecutor selects suspects for further investigation. These three “selection decisions” are examined in light of the governing law and policies as well as the Prosecutor’s earlier practice and the scholarly debate. Some of the broader legitimacy challenges facing the Court are also discussed. In contrast to what the Prosecutor suggests, the article concludes that the Office of the Prosecutor does appear to treat self-referrals as a special category of cases where different standards apply. The article also concludes that it is doubtful that the gravity concept provides a clear framework for making “selection decisions”.","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131445506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Complexification of the United Nations System","authors":"P. Szasz","doi":"10.1163/187574199X00018","DOIUrl":"https://doi.org/10.1163/187574199X00018","url":null,"abstract":"","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2001-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123041878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Environmental law has been described as "a cutting-edge laboratory of international law" — a metaphor which somehow casts environmental lawyers in the unenviable role of the alchemist who is impatiently expected to find cheap ways of making gold. International environmental law has indeed become a favourite testing ground for innovative policy instruments, including economic incentives (for "positive measures") and financial mechanisms in particular. Some of the experiments ongoing have drawn fire, from the defenders of more traditional ways of making international law as well as from the defenders of more traditional ways of spending money. I shall begin, therefore, by placing those instruments in the general context of international development assistance, then focus on the major new financial "carrots" of global envi-
{"title":"Carrots without Sticks? New Financial Mechanisms for Global Environmental Agreements*","authors":"P. Sand","doi":"10.1163/187574199X00090","DOIUrl":"https://doi.org/10.1163/187574199X00090","url":null,"abstract":"Environmental law has been described as \"a cutting-edge laboratory of international law\" — a metaphor which somehow casts environmental lawyers in the unenviable role of the alchemist who is impatiently expected to find cheap ways of making gold. International environmental law has indeed become a favourite testing ground for innovative policy instruments, including economic incentives (for \"positive measures\") and financial mechanisms in particular. Some of the experiments ongoing have drawn fire, from the defenders of more traditional ways of making international law as well as from the defenders of more traditional ways of spending money. I shall begin, therefore, by placing those instruments in the general context of international development assistance, then focus on the major new financial \"carrots\" of global envi-","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114606783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1163/18757413-90000089
D. Steiger
{"title":"Book Reviews: Eric Engle: Ideas in Conflict – International Law and the Global War on Terror. Eleven International Publishing, 2013, 320 pages, ISBN 978-94-90947-91-0","authors":"D. Steiger","doi":"10.1163/18757413-90000089","DOIUrl":"https://doi.org/10.1163/18757413-90000089","url":null,"abstract":"","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123823784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"John R.W.D. Jones: The Practice of the International Criminal Tribunals for the Former Yugoslavia and Rwanda Transnational Publishers, 1998. XVII +743 pages; VIII +353 pages.","authors":"A. Zimmermann","doi":"10.1163/187574199X00153","DOIUrl":"https://doi.org/10.1163/187574199X00153","url":null,"abstract":"","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131301977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Virginia Morris/Michael P. Scharf: The International Criminal Tribunal for Rwanda Transnational Publishers, 1998. 2 Vols. XX + 743 pages; VIII + 572 pages.","authors":"A. Zimmermann","doi":"10.1163/187574199X00162","DOIUrl":"https://doi.org/10.1163/187574199X00162","url":null,"abstract":"","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121574636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 1992, at the United Nations Conference on Environment and Development (UNCED), States adopted the Rio Declaration on Environment and Development. Principle 27 of the Rio Declaration states: "States and people shall cooperate in good faith and in a spirit of partnership in the fulfillment of the principles embodied in this Declaration and in the further development of international law in the field of sustainable development." The language of Principle 27 is premised on the view that even at the time of its adoption there existed a body of "international law in the field of sustainable development". However, Principle 27 does not indicate the content of that law, in particular whether it is procedural or substantive or both, or where it's content may be identified. Shortly after the adoption of the Rio Declaration a group of independent legal experts sought to identify its content, on the basis of a review of legal and policy instruments and the international practice of States (which was then, and remains now, somewhat limited). The group concluded that
{"title":"International Courts and the Application of the Concept of \"Sustainable Development\"","authors":"P. Sands","doi":"10.1163/187574199X00108","DOIUrl":"https://doi.org/10.1163/187574199X00108","url":null,"abstract":"In 1992, at the United Nations Conference on Environment and Development (UNCED), States adopted the Rio Declaration on Environment and Development. Principle 27 of the Rio Declaration states: \"States and people shall cooperate in good faith and in a spirit of partnership in the fulfillment of the principles embodied in this Declaration and in the further development of international law in the field of sustainable development.\" The language of Principle 27 is premised on the view that even at the time of its adoption there existed a body of \"international law in the field of sustainable development\". However, Principle 27 does not indicate the content of that law, in particular whether it is procedural or substantive or both, or where it's content may be identified. Shortly after the adoption of the Rio Declaration a group of independent legal experts sought to identify its content, on the basis of a review of legal and policy instruments and the international practice of States (which was then, and remains now, somewhat limited). The group concluded that","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122290298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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