Pub Date : 2023-02-01DOI: 10.1177/09240519231151950
Wojciech Burek
Thus far, research into reservations to treaties has often overlooked reservations formulated to both European Social Charters (and its Protocols) and the relevant European Committee of Social Rights practices. There are several pressing reasons to further explore this gap in existing literature. First, an analysis of practices within the European Social Charters (and Protocols) will provide a fuller picture of the reservations and responses of treaty bodies. Second, in the context of previous landmark events it is worth noting the practices of another human rights treaty monitoring body that is often omitted from analyses. Third, the very fact that the formulation of reservations to treaties gives parties such far-reaching flexibility to shape their contractual obligations (à la carte) is surprising. An important outcome of the research is the finding that, despite the far-reaching flexibility present in the treaties analysed, both the States Parties and the European Committee of Social Rights generally treat them as conventional treaties to which the general rules on reservations apply. Consequently, there is no basis for assuming that the mere fact of adopting the à la carte system in a treaty with no reservation clause implies a formal prohibition of reservations or otherwise discourages their formulation.
{"title":"Treaty flexibility unilaterally boosted: Reservations to European Social Charters","authors":"Wojciech Burek","doi":"10.1177/09240519231151950","DOIUrl":"https://doi.org/10.1177/09240519231151950","url":null,"abstract":"Thus far, research into reservations to treaties has often overlooked reservations formulated to both European Social Charters (and its Protocols) and the relevant European Committee of Social Rights practices. There are several pressing reasons to further explore this gap in existing literature. First, an analysis of practices within the European Social Charters (and Protocols) will provide a fuller picture of the reservations and responses of treaty bodies. Second, in the context of previous landmark events it is worth noting the practices of another human rights treaty monitoring body that is often omitted from analyses. Third, the very fact that the formulation of reservations to treaties gives parties such far-reaching flexibility to shape their contractual obligations (à la carte) is surprising. An important outcome of the research is the finding that, despite the far-reaching flexibility present in the treaties analysed, both the States Parties and the European Committee of Social Rights generally treat them as conventional treaties to which the general rules on reservations apply. Consequently, there is no basis for assuming that the mere fact of adopting the à la carte system in a treaty with no reservation clause implies a formal prohibition of reservations or otherwise discourages their formulation.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"37 1","pages":"35 - 52"},"PeriodicalIF":1.6,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84578949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.1177/09240519221132395
The open access publication of this book has been published with the support of the Swiss National Science Foundation. Are unilateral economic sanctions legal under public international law? How do they relate to the existing international legal principles and norms? Can unilateral economic sanctions imposed to redress grave human rights violations be subjected to the same legal contestations as other unilateral sanctions? What potential contribution can the recently formulated doctrine of the Common Concern of Humankind make by introducing substantive and procedural prerequisites to legitimise unilateral human rights sanctions? Unilateral Sanctions in International Law and the Enforcement of Human Rights by Iryna Bogdanova addresses these complex questions while taking account of the burgeoning state practice of employing unilateral economic sanctions.
{"title":"Recent publications on international human rights law","authors":"","doi":"10.1177/09240519221132395","DOIUrl":"https://doi.org/10.1177/09240519221132395","url":null,"abstract":"The open access publication of this book has been published with the support of the Swiss National Science Foundation. Are unilateral economic sanctions legal under public international law? How do they relate to the existing international legal principles and norms? Can unilateral economic sanctions imposed to redress grave human rights violations be subjected to the same legal contestations as other unilateral sanctions? What potential contribution can the recently formulated doctrine of the Common Concern of Humankind make by introducing substantive and procedural prerequisites to legitimise unilateral human rights sanctions? Unilateral Sanctions in International Law and the Enforcement of Human Rights by Iryna Bogdanova addresses these complex questions while taking account of the burgeoning state practice of employing unilateral economic sanctions.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"66 1","pages":"428 - 431"},"PeriodicalIF":1.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79244501","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-16DOI: 10.1177/09240519221136943
Mpanzu Bamenga
{"title":"SIM Peter Baehr lecture: Human rights: A responsibility for each and everyone of us","authors":"Mpanzu Bamenga","doi":"10.1177/09240519221136943","DOIUrl":"https://doi.org/10.1177/09240519221136943","url":null,"abstract":"","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"12 1","pages":"422 - 427"},"PeriodicalIF":1.6,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72529116","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-15DOI: 10.1177/09240519221133642
Rosalind Turkie
The modern, global food system is unsustainable for both human and planetary health. The widespread consumption of highly processed foods and use of production systems that negatively affect the environment have led to a rise in nutrition-related diseases and exacerbated the effects of climate change. A comprehensive reform of global food systems and diets is needed to effectively respond to this problem, but the interference of food industry actors in health negotiations is diluting health policies at both domestic and international levels. This article establishes the concrete value of international legal responses grounded in human rights for tackling the global syndemic of climate change and malnutrition. The Framework Convention on Tobacco Control (FCTC) exemplifies how normative conflicts between the trade and health regimes can be overcome. Forming an effective and egalitarian response to malnutrition and climate change will require a rights-based, regime interaction approach that prioritizes human and planetary health over private interests.
{"title":"A human rights-based, regime interaction approach to climate change and malnutrition: Reforming food systems for human and planetary health","authors":"Rosalind Turkie","doi":"10.1177/09240519221133642","DOIUrl":"https://doi.org/10.1177/09240519221133642","url":null,"abstract":"The modern, global food system is unsustainable for both human and planetary health. The widespread consumption of highly processed foods and use of production systems that negatively affect the environment have led to a rise in nutrition-related diseases and exacerbated the effects of climate change. A comprehensive reform of global food systems and diets is needed to effectively respond to this problem, but the interference of food industry actors in health negotiations is diluting health policies at both domestic and international levels. This article establishes the concrete value of international legal responses grounded in human rights for tackling the global syndemic of climate change and malnutrition. The Framework Convention on Tobacco Control (FCTC) exemplifies how normative conflicts between the trade and health regimes can be overcome. Forming an effective and egalitarian response to malnutrition and climate change will require a rights-based, regime interaction approach that prioritizes human and planetary health over private interests.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"9 1","pages":"399 - 421"},"PeriodicalIF":1.6,"publicationDate":"2022-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84466882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-10DOI: 10.1177/09240519221134723
Katharine Fortin
Noting that 2022 marked the 45th anniversary of the Additional Protocols to the 1949 Geneva Conventions – the first treaties that explicitly noted the relationship between international human rights law and international humanitarian law - this column reflects on how the relationship between these two bodies of law has developed since 1977. It demonstrates that while much progress has been made internationally towards understanding the relationship between two bodies of law, there are still obstacles to be overcome if the goal is to apply the two bodies of law in a complementary fashion and achieve the maximum protection of the human person.
{"title":"The relationship between international human rights law and international humanitarian law: Taking stock at the end of 2022?","authors":"Katharine Fortin","doi":"10.1177/09240519221134723","DOIUrl":"https://doi.org/10.1177/09240519221134723","url":null,"abstract":"Noting that 2022 marked the 45th anniversary of the Additional Protocols to the 1949 Geneva Conventions – the first treaties that explicitly noted the relationship between international human rights law and international humanitarian law - this column reflects on how the relationship between these two bodies of law has developed since 1977. It demonstrates that while much progress has been made internationally towards understanding the relationship between two bodies of law, there are still obstacles to be overcome if the goal is to apply the two bodies of law in a complementary fashion and achieve the maximum protection of the human person.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"76 1","pages":"343 - 353"},"PeriodicalIF":1.6,"publicationDate":"2022-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82376850","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-03DOI: 10.1177/09240519221131668
Valentina Carraro
When the United Nations Universal Periodic Review was established in 2007, it was stressed that it should complement the work of the United Nations treaty bodies. At the same time, fears were expressed that similarities between the two procedures might lead to potentially problematic duplications or contradictions among them. To shed light on whether this is the case, this article devises a framework to assess the degree to which human rights bodies provide duplicating or contradicting recommendations to States. Focusing on the case of torture, it creates an original database of recommendations delivered to 14 countries in the years 2012–2016. Results show that duplications are frequent and provide opportunities to States to use the Universal Periodic Review to contest the implementation of treaty bodies’ recommendations. Contradictions are limited, although when they occur, they create room for States to selectively choose which recommendations to implement.
{"title":"The more the better? The complementarity of United Nations institutions in the fight against torture","authors":"Valentina Carraro","doi":"10.1177/09240519221131668","DOIUrl":"https://doi.org/10.1177/09240519221131668","url":null,"abstract":"When the United Nations Universal Periodic Review was established in 2007, it was stressed that it should complement the work of the United Nations treaty bodies. At the same time, fears were expressed that similarities between the two procedures might lead to potentially problematic duplications or contradictions among them. To shed light on whether this is the case, this article devises a framework to assess the degree to which human rights bodies provide duplicating or contradicting recommendations to States. Focusing on the case of torture, it creates an original database of recommendations delivered to 14 countries in the years 2012–2016. Results show that duplications are frequent and provide opportunities to States to use the Universal Periodic Review to contest the implementation of treaty bodies’ recommendations. Contradictions are limited, although when they occur, they create room for States to selectively choose which recommendations to implement.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"25 1","pages":"354 - 378"},"PeriodicalIF":1.6,"publicationDate":"2022-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90471644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-12DOI: 10.1177/09240519221131401
Nikolaos A. Papadopoulos
This article examines the structural elements of the Collective Complaints Procedure, seen as an avenue of socio-economic rights strategic litigation, that potentially enable or impede NGOs and trade unions in addressing violations of the European Social Charter before the European Committee of Social Rights. The findings show that the procedure is a unique form of collective redress in the human rights system, with exceptional structural characteristics, which render it an avenue of strategic litigation by its nature. Its main strength lies in that it enables the participation of organisations and vulnerable groups of people that are denied access in political or judicial fora, either at the domestic or supranational level, to deliberate on social policy issues and put pressure on States to address social issues on the basis of economic and social rights.
{"title":"Strategic litigation before the European Committee of Social Rights: Fit for purpose?","authors":"Nikolaos A. Papadopoulos","doi":"10.1177/09240519221131401","DOIUrl":"https://doi.org/10.1177/09240519221131401","url":null,"abstract":"This article examines the structural elements of the Collective Complaints Procedure, seen as an avenue of socio-economic rights strategic litigation, that potentially enable or impede NGOs and trade unions in addressing violations of the European Social Charter before the European Committee of Social Rights. The findings show that the procedure is a unique form of collective redress in the human rights system, with exceptional structural characteristics, which render it an avenue of strategic litigation by its nature. Its main strength lies in that it enables the participation of organisations and vulnerable groups of people that are denied access in political or judicial fora, either at the domestic or supranational level, to deliberate on social policy issues and put pressure on States to address social issues on the basis of economic and social rights.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"3 1","pages":"379 - 398"},"PeriodicalIF":1.6,"publicationDate":"2022-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82043470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-12DOI: 10.1177/09240519221132485
Katharine Fortin, Elmin Omičević
{"title":"NQHR December 2022","authors":"Katharine Fortin, Elmin Omičević","doi":"10.1177/09240519221132485","DOIUrl":"https://doi.org/10.1177/09240519221132485","url":null,"abstract":"","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"17 1","pages":"341 - 342"},"PeriodicalIF":1.6,"publicationDate":"2022-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87691086","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-18DOI: 10.1177/09240519221114757
A. Buyse, Elmin Omičević
{"title":"40 Years NQHR, Transfer of Editor-in-Chief, and Going Open Access","authors":"A. Buyse, Elmin Omičević","doi":"10.1177/09240519221114757","DOIUrl":"https://doi.org/10.1177/09240519221114757","url":null,"abstract":"","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"35 1","pages":"209 - 210"},"PeriodicalIF":1.6,"publicationDate":"2022-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75851928","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-04DOI: 10.1177/09240519221118706
S. Deva
This column analyses the current process in the UN Human Rights Council to negotiate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. It does so in the context of two previous attempts at the UN level to adopt binding rules for (multinational) corporations and the continued inability of international soft standards as well as hard rules at the national level in States in ensuring that businesses take their human rights responsibilities seriously. It is argued that an international treaty is desirable as part of a regulatory ecosystem to promote respect of human rights by business enterprises and to strengthen corporate accountability for human rights abuses. While the treaty should build on and complement the existing international soft standards, it should also try to fill some of the regulatory gaps that these standards might not ever be able to fill.
{"title":"Treaty tantrums: Past, present and future of a business and human rights treaty","authors":"S. Deva","doi":"10.1177/09240519221118706","DOIUrl":"https://doi.org/10.1177/09240519221118706","url":null,"abstract":"This column analyses the current process in the UN Human Rights Council to negotiate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. It does so in the context of two previous attempts at the UN level to adopt binding rules for (multinational) corporations and the continued inability of international soft standards as well as hard rules at the national level in States in ensuring that businesses take their human rights responsibilities seriously. It is argued that an international treaty is desirable as part of a regulatory ecosystem to promote respect of human rights by business enterprises and to strengthen corporate accountability for human rights abuses. While the treaty should build on and complement the existing international soft standards, it should also try to fill some of the regulatory gaps that these standards might not ever be able to fill.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"72 1","pages":"211 - 221"},"PeriodicalIF":1.6,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84935650","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：