magnify
Home 2008 December (Page 2)

The Application of Human Rights Treaties in Wartime

Published on December 12, 2008        Author: 

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410
Twitter
Facebook
Google+
LinkedIn
Follow by Email

This year the EJIL has been marking the 60th anniversary of the Universal Declaration of Human Rights by publishing a series of articles on international human rights law. The international human rights movement was birthed in response to the atrocities during the second World War. It is therefore appropriate to examine the extent to which international human rights law, and international human rights treaties in particular, apply in time of armed conflict.

There are a number of key, overlapping, questions which need to be answered in considering the application of international human rights treaties in time of armed conflict.

  • What are the advantages of relying on human rights treaties in the context of armed conflicts?
  • Do human rights treaty obligations continue to apply in time of armed conflict?
  • To what extent do human rights treaties apply extraterritorially?
  • If human rights treaties apply, what is their relationship with international humanitarian law?

I discuss the first two questions below and will discuss the last two in a further post

Read the rest of this entry…

 
Comments Off on The Application of Human Rights Treaties in Wartime

Letters to the Editor: Respond to EJIL Editorials (Vol. 19:4)

Published on December 9, 2008        Author: 

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410
Twitter
Facebook
Google+
LinkedIn
Follow by Email

Editorial: Marking the Anniversary of the Universal Declaration; The Irish No and the Lisbon Treaty

Marking the Anniversary of the Universal Declaration

The interest of EJIL in, and its commitment to, the study, research and reflection on the place of fundamental human rights in the international legal system is an ontological facet of EJIL‘s identity. This is not surprising given the biography and/or bibliography of its founding editors as well as, of course, that of my long-serving predecessor as Editor-in-Chief, Philip Alston. It is, thus, equally unsurprising that there has hardly been a year in which at least one or two pieces on human rights have not appeared in our pages. This engagement is carried through by the new members of our Editorial Board and Scientific Advisory Board.

Read the rest of this entry…

Filed under: Editorials, EJIL
 
Comments Off on Letters to the Editor: Respond to EJIL Editorials (Vol. 19:4)

Human Rights, International Economic Law and ‘Constitutional Justice’: a Reply by Robert Howse to Ernst-Ulrich Petersmann’s Article in EJIL Vol 19:4

Published on December 9, 2008        Author: 

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410
Twitter
Facebook
Google+
LinkedIn
Follow by Email

In issue 4 of our year marking the anniversary of the UDHR, we published an article by Ernst-Ulrich Petersmann on “Human Rights, International Economic Law and ‘Constitutional Justice“. We continue the discussion by publishing a reply and a rejoinder to this piece. We invite our readers to comment.

Herein find a reply by Robert Howse to Ernst-Ulrich Petersmann:

Together with developments in international criminal justice and humanitarian law, the human rights revolution in international law has had a profound structural effect on the international legal order as a whole; we are today only beginning to discern and to digest this effect, to say nothing of the broader consequences for global politics.1 New actors have been empowered in the international legal system (not only individuals but various kinds of non-state collectivities as well); conceptions of responsibility have been altered; classic notions, such as territorial sovereignty and recognition of statehood, have sometimes subtly and sometimes radically been reshaped or adapted; and the balance of institutional actors charged with interpreting and applying international law has shifted towards courts and tribunals (a major theme of Petersmann) and away from diplomats and their ministers.2

Read the rest of this entry…

  1. Teitel, ‘Humanity’s Law’, 35 Cornell Int’l LJ (2002) 355. []
  2. Ibid. []
 
Comments Off on Human Rights, International Economic Law and ‘Constitutional Justice’: a Reply by Robert Howse to Ernst-Ulrich Petersmann’s Article in EJIL Vol 19:4

Human Rights, International Economic Law and ‘Constitutional Justice’: A Rejoinder by Ernst-Ulrich Petersmann

Published on December 9, 2008        Author: 

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410

Warning: rtrim() expects parameter 1 to be string, object given in /home/markom52/public_html/ejiltalk.org/wp-includes/formatting.php on line 2410
Twitter
Facebook
Google+
LinkedIn
Follow by Email

In this post Ernst-Ulrich Petersmann issues a rejoinder to Robert Howse’s comments [above] on Prof. Petersmann’s article.

All academics learn from discussion and criticism of their published views. Hence, I congratulated the EJIL editors, Alston in 2002 and Weiler in 2008, when they invited a response to my articles in EJIL. Following the insulting EJIL comments by Alston in 2002, this is the second time in my 37 years of academic teaching that a ‘commentator’ has imputed to me intoxicating views which I never expressed. Six years after the confabulations by Alston and Howse,1 Howse remains committed to misrepresenting rather than discussing my legal arguments. Clarifying, in fewer than 2,500 words, the reasons for this ‘Alice in Wonderland non-discussion’ would have been more enlightening if my Australian and Canadian commentators had respected correct academic citation before publicly putting forth their aggressive legal phantasms. Here I want to suggest ways in which such an exchange may be more constructive.

Read the rest of this entry…

  1. Petersmann, ‘Taking Human Dignity, Poverty and Empowerment of Individuals More Seriously: Rejoinder to Alston’, 13 EJIL (2002) 845. []