Human Rights

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The Application of Human Rights Treaties in Wartime

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…

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

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…

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

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…

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