Human Rights
Taha Mousavi Mirkalaei; Savalan Mohammadzadeh
Abstract
The present article includes a comparative study of the Islamic and Western approaches to human rights, and the general orientation of this review concentrates on the Universality and Relativism of human rights. The Western approach claims the universality of these rights and believes they are ultra-spot ...
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The present article includes a comparative study of the Islamic and Western approaches to human rights, and the general orientation of this review concentrates on the Universality and Relativism of human rights. The Western approach claims the universality of these rights and believes they are ultra-spot and timeless, despite the diversity of cultures, ethnicity and religions. Thus, it supposes its innovative human rights are extensible elsewhere in the world. The Islamic approach, emphasizing Human Nature as a common unity of all humans, also believes in universal ultra-spot and timeless human rights. However, it essentially and fundamentally disagrees with the western approach. Meanwhile, religious intellectualism accepts the universality of western human rights despite relying on the philosophical foundations of relativism. The present article analyses the existing duality in the positions of intellectualism due to the current dialectic between Islam and western human rights law.
Criminal Law
Izuchukwu Temilade Nwagbara
Abstract
Since Nigeria’s transition back to democracy in 1999, the atrocities of the erstwhile military regimes have been left practically unaddressed. Though the Human Rights Violations Investigation Commission (‘HRVIC’ or ‘Oputa panel’) was set up in 1999 to investigate human rights ...
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Since Nigeria’s transition back to democracy in 1999, the atrocities of the erstwhile military regimes have been left practically unaddressed. Though the Human Rights Violations Investigation Commission (‘HRVIC’ or ‘Oputa panel’) was set up in 1999 to investigate human rights violations of the erstwhile military regime, the HRVIC’s report was discarded by the federal government. Hence, unlike Argentina's lustration efforts post-military dictatorship resulted in trials and convictions, Nigeria’s lustration efforts were unfruitful. Nigeria is a party to international human rights treaties. As such, it has an obligation under international to address human rights violations, albeit inertia is the status quo. Despite Nigeria’s obligation under international law, this inertia has led the Nigerian army to proceed with its impunity unabated. Three separate events of military impunity post-1999 are examined to support the proposition that impunity leads to more atrocities, as is the case with the Nigerian army.
Trade and Development Law
Yasmin Salama
Abstract
Over the past decades, transnational corporations have come under increasing public scrutiny for their involvement in human rights abuses, particularly in developing countries. One may think of violent acts against local communities, slave labor, and grand-scale environmental pollution. International ...
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Over the past decades, transnational corporations have come under increasing public scrutiny for their involvement in human rights abuses, particularly in developing countries. One may think of violent acts against local communities, slave labor, and grand-scale environmental pollution. International investment law protects and safeguards the rights of foreign investors but falls short of holding them accountable to societies where they operate. A few arbitral tribunals have grappled with the question of whether corporations could be held accountable for illegalities that constitute human rights violations inflicted upon the host state and its people. Arbitral case law suggests that the outcome of the case as to whether host states ought to be compensated for such violations varies based on how the illegal conduct is framed and the source of the liability-creating rules alleged to have been breached. This article discusses the arbitral treatment of corporate human rights violations by investment tribunals (Incomplete)..
European Law
Simona Belcheva
Abstract
Migration is a complex demographic, geographic, social, and economic process closely related to the natural movement of the population as a result of religious, ethnic, political, military, economic, or other reasons. This process is characterized by its complex nature and the problems associated with ...
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Migration is a complex demographic, geographic, social, and economic process closely related to the natural movement of the population as a result of religious, ethnic, political, military, economic, or other reasons. This process is characterized by its complex nature and the problems associated with it are multilayered and difficult to solve. The following article covers issues related to legal and illegal residence, respectively legal and illegal migration, international protection, trafficking in human beings, highly qualified employment, human rights, and other related problems. An even bigger problem is created due to the COVID-19 pandemic, which invariably affects the migration flows and movements, as well as the emergence of new types of legal problems and difficulties. The effect of the pandemic of each problem is reviewed and observed through the prism of the pandemic, the new COVID reality, and the adopted measures in that direction.
Human Rights
Maria Stefania Cataleta; Anna Cataleta
Abstract
Artificial Intelligence (AI) is a kind of intelligence that was born in the 1950s and is an integral part of the digital revolution. Progress made by AI has permitted the birth of systems capable of rivalling human capacities or, in some cases, surpassing them. The progress of the intellectual capacities ...
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Artificial Intelligence (AI) is a kind of intelligence that was born in the 1950s and is an integral part of the digital revolution. Progress made by AI has permitted the birth of systems capable of rivalling human capacities or, in some cases, surpassing them. The progress of the intellectual capacities of AI will change the way of life for human beings and will revolutionise the world of employment. Intelligent systems present problems regarding individual rights and responsibilities, because as technology replaces more and more of what humans have typically done, our individual roles will become more blurred. The goal of this analysis is to measure the developments of AI in relation to its impact on society, in particular on human rights, fundamental liberties, and ethics. This is an unexplored topic within the vast field of AI upon which this paper will expound.
Bostjan M. Zupancic
Abstract
This paper is a Chapter from the author’s latest book, ON THE EUROPEAN COURT OF HUMAN RIGHTS, Eleven Publishing, 2019. The work is an attempt at a critical understanding of the spirit of the European Convention on Human Rights (ECHR) as implemented, by the European Court of Human Rights in Strasbourg ...
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This paper is a Chapter from the author’s latest book, ON THE EUROPEAN COURT OF HUMAN RIGHTS, Eleven Publishing, 2019. The work is an attempt at a critical understanding of the spirit of the European Convention on Human Rights (ECHR) as implemented, by the European Court of Human Rights in Strasbourg (ECtHR) – starting with the appointment of the “new Court” in 1998 and up to 2016. The Court, which had begun to function in 1959, has been ever since at the intersection of the two great Western legal traditions. In this perspective, “human rights” are the procedural safety valve, a conduit to the international jurisdiction supposedly capable of resolving authoritatively what could not have been resolved domestically. It is illusory to search in this context for the “essence” of human rights since here “human rights” is practically everything that could not have been properly adjudicated at the domestic level.
