Essays about: "ICJ and human rights"
Showing result 1 - 5 of 8 essays containing the words ICJ and human rights.
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1. The Best Interest of the Child under International Law : The Right to Respect for Private and Family Life in the Formation, Malfunctioning, and Disruption of a Family
University essay from Stockholms universitet/Juridiska institutionenAbstract : This thesis will examine issues of international human rights law. Children’s rights and specifically the best interest of the child is a complex principle and is often overseen. READ MORE
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2. Ratification and Reservations: A Window-Dressing Exercise? A Study on Reservations to Human Rights Treaties
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : For the conditions under which States may reserve themselves to certain provisions of a Convention, which they nevertheless wish to oblige themselves to, are regulated in Article 19 VCLT. States may make reservations under this Article unless: (a) a reservation is prohibited by the treaty, (b) the treaty provides that only reservations of a certain kind – and the reservation in question is not of that kind, or (c) the reservation is incompatible with the object and purpose of the treaty. READ MORE
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3. One situation for two Courts - A thesis about the legal proceedings regarding the Rohingya crisis
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : In August 2017, a deadly crackdown by Myanmar’s army on Rohingya Muslims sent hundreds of thousands fleeing across the border into Bangladesh. The situation in Myanmar has escalated over the last few years. READ MORE
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4. Jurisdictional Immunities of the State - The Balance Between State Immunity and Jus Cogens
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : The jurisdictional immunity of states in cases concerning serious human rights violations has been extensively discussed in the international legal debate, and has given rise to conflicting judicial decisions by courts of various jurisdictions. While serious human rights violations constitute breaches of peremptory norms, jus cogens, from which no derogation is permitted, the law of state immunity is said to constitute a procedural bar to the exercise of jurisdiction by national courts. READ MORE
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5. Diplomatic immunity : a functioning concept in the society of today?
University essay from Lunds universitet/Mänskliga rättigheterAbstract : The purpose is to analyze the concept of diplomatic personal immunity from four perspectives: structure: what does the concept personal immunity entail?; implementation: what problems exist with the concept in action?; conceptual comparison - equality before the law: What problems with the concept can be found when viewed upon from an ‘equality before the law’ perspective?; conceptual comparison - duty of States: What problems can be found when analyzing the concept from Pogge’s theory on how human rights should be understood and the theory that the State has a duty to respect, protect and fulfill human rights? The main question was created from these four areas: “What problems with the concept of diplomatic immunity regarding personal immunity can be revealed by analyzing the structure, by making an analysis of the Vienna Convention on Diplomatic Relations; implementation, by analyzing an ICJ case concerning diplomatic immunity; conceptual comparison: equality before the law, through comparative method analyze the concept diplomatic immunity from an ‘equality before the law’ perspective: conceptual comparison: Duty of State by analyzing the concept with the theory ‘duty of State’? The answer consists of four conclusions: The non-existing definition of members of family; the confusion of the distinction between ratione personae and ratione materiae; the concept of diplomatic immunity creates an unjust legal system due to the lack of equality before the law; the concept of diplomatic immunity can be considered as a human right violation because it is unjust and the governments are maintaining this unjust legal system.. READ MORE
