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Keywords: human rights protection
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Journal Article
Fundamental Rights of Corporations as International Human Rights: The Perspective of Regional Economic Courts
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Patricia Wiater
Human Rights Law Review, Volume 23, Issue 4, December 2023, ngad025, https://doi.org/10.1093/hrlr/ngad025
Published: 20 October 2023
... regional economic integration regional human rights protection European Union Rule of Law the quasi-disembodiment of liberal legal personality … [as] an important strand in the move from corporate personality to something approaching corporate ‘humanity’. The significance of the centrality of human...
Journal Article
The Human Rights Committee—Challenges and Prospects for Enhanced Effectiveness and Integration: A Comment
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Stefan Kadelbach
Journal of Human Rights Practice, Volume 14, Issue 1, February 2022, Pages 44–49, https://doi.org/10.1093/jhuman/huac012
Published: 26 September 2022
..., and therefore agrees with proposals to strengthen the treaty bodies within the framework of existing treaties, but also recalls the conditions of legal and societal discourse on the domestic plane. human rights practice human rights protection non-compliance normativity of human rights law UN Human Rights...
Journal Article
Torture as Tort? Transnational Tort Litigation for Corporate-Related Human Rights Violations and the Human Right to a Remedy
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Daniel Augenstein
Human Rights Law Review, Volume 18, Issue 3, September 2018, Pages 593–612, https://doi.org/10.1093/hrlr/ngy023
Published: 30 August 2018
...), member state courts will as a general rule decline jurisdiction in cases directly brought against these foreign subsidiaries and contractors in the European Union. human rights corporate accountability transnational tort litigation extraterritorial human rights protection access to justice European...
Journal Article
Migration Control à la Khartoum: EU External Engagement and Human Rights Protection in the Horn of Africa
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Lutz Oette and Mohamed Abdelsalam Babiker
Refugee Survey Quarterly, Volume 36, Issue 4, December 2017, Pages 64–89, https://doi.org/10.1093/rsq/hdx013
Published: 16 October 2017
... in conformity with international standards, and its reliability as a partner in “migration management”. It also shows how the Khartoum Process risks undermining the coherence of the European Union’s external policy, particularly in respect of human rights protection in the region. These findings corroborate...
Chapter
The Covenants
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Bertrand G. Ramcharan
Published: 02 July 2019
... shield to millions of people worldwide. However, ideals of the UN Charter, of the 1948 Universal Declaration of Human Rights and of the Covenants are widely flouted. In calling for a modernized approach to human rights protection, this chapter calls for moving beyond a formal, diplomatic ritualism...
Book
Published online: 18 October 2012
Published in print: 15 January 2004
... network of interrelated questions about human rights from a variety of Hindu and non-Hindu angles. The study focuses on the conceptual level of debate and tries to show that there is room for classical or traditional Hindu concepts and ideas in the current international debates on human rights’ protection...
Chapter
The Changing Role and Reception of International Law in Domestic Constitutional Law: Some Thoughts about Latin America and Europe
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Marie-Christine Fuchs
Published: 11 March 2021
... the existence of the 'conventionality control' doctrine developed in Latin America by the Inter-American Court of Human Rights (ICtHR), the European context seems more complex and diverse due to the 'three spheres of human rights protection': the European Court of Human Rights (ECtHR), the European Court...
Chapter
The Protection of Human Rights
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Hiroshi Oda
Published: 16 April 2009
...This chapter discusses human rights protection in Japan. Topics covered include the development of human rights law, the Constitution, restrictions on human rights, freedom of expression, access to information, equal treatment, freedom of religion, due process of law, rights of suspects...
Chapter
Novelty in ECtHR Case Law on Torture, But It Is Not Enough—Reopening Domestic Proceedings to End Impunity
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Giuliana Ziccardi Capaldo
Published: 09 October 2017
... 17 July 1998 Development Due process of law Procedure international Res judicata Trial Committee by name Ne bis in idem principle Council of Europe Committee of Ministers of Cestaro case ECHR evolutionary interpretation ECtHR supervisory role global constitutional law human rights...
Chapter
Concluding Remarks
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Salvatore Zappalà
Published: 06 March 2003
...This chapter concludes that human rights protection before international court is, to a large extent, satisfactorily ensured. It discusses that the Nuremberg and Tokyo trials cannot be said to be fair trials in modern terms. It notes that criminal procedure is a method of establishment of judicial...
Chapter
Corporate Human Rights Obligations under Economic, Social, and Cultural Rights
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Brigit Toebes and Jernej Letnar Černič
Published: 08 December 2011
... Social protection human rights protection corporate organizations corporate responsibility economic rights social rights cultural rights right to health right to water Over the past decades, globalization has stirred a number of positive and negative developments in national and international...
Chapter
Epilogue: a policy on bills of rights
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Charles Parkinson
Published: 22 November 2007
... Commonwealth decolonization human rights protection This study has identified a major change in the use of bills of rights for colonial constitutions in Britain's overseas territories. Prior to the 1950s the British legal establishment did not view bills of rights as an effective mechanism...
Chapter
Stopping Trade in Conflict Diamonds: Exploring the Trade and Human Rights Interface with the WTO Waiver for the Kimberley Process
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Krista Nadakavukaren Schefer
Published: 17 November 2005
...This chapter addresses the use of the WTO waiver as an instrument for reconciling human rights protection with the international law of the world trade system. The specific context of the waiver for the Kimberley Process Scheme is used. After a short introduction to the diamond trading system...
Chapter
Does the European Court of Justice keep the Balance between Individual and Community Interest in Kadi?
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Rudolf Streinz
Published: 17 March 2011
...This chapter focuses on whether the ECJ has kept the balance between the individual's interest in human rights protection and the community interest to fight against international terrorism, bearing in mind that at the end of the day either interest is of concern to both the individual...
Chapter
Published: 27 November 2003
... even their existence, depend on the territorial division agreed to. Their function and role is also dictated by the self-determination deal as more broadly conceived. Are human rights protections trying to create a more inclusive state and agenda-set for the future (Northern Ireland)? Are they trying...
Book
The European Union and Human Rights: Analysis, Cases, and Materials
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Jan Wouters and Michal Ovádek
Published online: 22 July 2021
Published in print: 25 March 2021
...Preface The acts of the European Union (EU) impact profoundly for the wellbeing of people within and beyond the jurisdiction of its Member States. As such, it is an actor that should assiduously integrate in its work the highest levels of human rights protection. This responsibility has, over time...
Chapter
Security and Freedom
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John H. Barton
Published: 16 April 2014
... Centralized government systems France centralized power Germany centralized power Human rights protection diplomatic interventions Military defense Nation states alliances Traditional system economic rights Bills of rights enforcement Nonintervention principle Sovereignty divisibility United Nations...
Chapter
To Register or Not to Register? Legal Identity, Birth Registration, and Inclusive Development
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Caroline Vandenabeele
Published: 04 March 2011
... and access to benefits and opportunities, and between birth registration and human rights protection, is described, with Nepal as the empirical source. Barriers including financial, legal, and political, among others, in obtaining birth registration documentation in Nepal’s context are also discussed. A case...
Chapter
Trade Law and Investment Law
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Sarah Joseph
Published: 16 December 2013
... Cooperation and Development (OECD). It also considers the impact of WTO rules on specific economic, social and cultural rights, the benefits of free trade and investment for civil and political rights and the human rights protections for traders and investors. 870 Further Reading Dupuy PM , Francioni F...
Chapter
VI Access to Justice: The Safeguard and Preservation of the Integrity of International Jurisdiction
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Antônio Augusto Cançado Trindade
Published: 01 August 2011
... safeguarded the integrity of the respective international mechanisms of human rights protection, duly preserved, to the benefit of the alleged victims.The direct access of individuals to international justice is also manifested in provisional measures of protection, in so far as the preventive dimension...
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