International
Studies Journal Vol. 4, No. 15 Winter 2007 Abstracts
L'Abolition De La Peine De Mort En Droit International
Pr. Emmanuel Decaux
15 Int'l Stud. J. 1
La peine de mort est aujourd’hui un enjeu majeur des relations internationales. Cette évolution est d’autant plus remarquable que les textes fondateurs des Nations Unies ne se prononçaient pas sur la question. La Déclaration universelle des droits de l’homme votée le 10 décembre 1948 par l’Assemblée générale, se borne à évoquer « le droit à la vie » (article 3) et l’interdiction de la torture et des « peines ou traitements cruels, inhumains ou dégradants » (article 5). La pratique internationale de l’après-guerre était elle-même ouverte à la peine de mort, comme en témoignent les exécutions prononcées par le Tribunal international de Nuremberg ou celui de Tokyo. Sur le plan régional, on retrouve la même timidité. La Convention européenne des droits de l’homme qui date de 1950 précise que « le droit de toute personne à la vie est protégé par la loi. La mort ne peut être infligée à quiconque intentionnellement, sauf en exécution d’une sentence capitale prononcée par un tribunal au cas où le délit est puni de cette peine par la loi » (art.2 §.1). Cet article vérifie la dynamique des traites internationaux vers l’abolition de la peine de mort.
Justice and Human Rights in the New Global Economy: Evolving Norms and Priorities
Pr. William A. Schabas
15 Int'l Stud. J. 17
Article IX of the genocide convention gives the International Court of Justice jurisdiction over disputes between states about “the interpretation, apllication or fulfilment” of the convention. Wheter this provision encompasses charges that a state has actually committed genocide has been a matter of some dispute over the years. In a general sense, the International Court of Justice opted for a restrictive and conservative constraction of the definition of genocide in the Bosnia v. Serbia case in february 2007. It observes, that “ethnic cleaning” and genocide should not be confounded. Still it is the most important and positive contribution of the internatioal court’s judgement that states have a responsibility to prevent gonocide. This provides further support for the entrenchment of this doctrine within customary international law.
Justice and Human Rights in the New Global Economy: Evolving Norms and Priorities
Pr. Mahmood Monshipouri & Dr. Rodger Jackson
15 Int'l Stud. J. 65
Human rights and global justice are linked interactively and must be treated as mutually reinforcing. It is untenable to conceive of justice in relation to a specific community, given the increasing levels of interconnectedness and interdependency that characterizes today’s global economy. The shortcomings of the neoliberal globalization have alerted us to the necessity of harnessing the ill effects of economic integration. Several concerns merit attention. For many people in the developing world, neoliberal globalization poses serious impediments to the realization of economic and social rights, weakening the capacity of the state to secure these rights. This explains why globalization has spurred a fruitful debate about economic, social, and cultural rights in poor countries. It is necessary to examine reasons for why support for neoliberal economic freedoms and minimal government, as evident in the trend toward the social disempowerment of the state, hold severe welfare implications for the poor.
The Hopes and Obstacles for Democracy and Human Rights among Middle Eastern Citizens
Dr. Mehdi Zakerian
15 Int'l Stud. J. 115
In this research, it is attempted to, with due consideration to the main global developments which are extremely vast, deep, extensive, and considerable with regard to human rights, examine the themes relevant, hopes, obstacles, and challenges to the human rights in the Middle East from different outlooks. The main difference between this research and other research in the field is that during this study the existing realities of the Middle East, considering the international standards of human rights as the criterion, as well as the positive and negative cultural, religious, national, and native resources of the region were simultaneously considered as the facilitators and inhibitors of human rights preservation in the Middle East. In this regard, the history of human rights in the Middle East is contemplated with the historical, traditional, religious, and cultural trend of the development of the rights of Middle East citizens with a closer look at the historical challenges and achievements and present enigmas and their solutions.
State Responsibility and the “Object and Purpose” of the Genocide Convention
Pr. Mark Gibney
15 Int'l Stud. J. 141
ln the Case of Bosnia and Herzegovina v. Serbia and Montenegro (2007), the International Court of Justice ruled that Serbia had violated the Genocide Convention through its failure to “prevent” genocide when it was in a position to do so, and that it had also failed to meet its duty to “punish” by its refusal to arrest war criminals who were within its territorial boundaries. However, in terms of the major issue raised by the case- whether Serbia was “responsible” for “aiding and assisting” Bosnian Serbs engaged in genocide - the Court continued its practice of applying impossibly high standards. This article critiques the manner in which the ICJ approached the issue of “aiding and assisting.” It argues that the Court repeatedly ignored the treaty’s object and purpose, and that its use of the Draft Articles on State Responsibility was erroneous due to the fact that the responsibilities of state parties are clearly set forth in the Genocide Convention itself.
Abu Ghraib and Insaniyat
Pr. Arshin Adib-Moghadam
15 Int'l Stud. J. 151
Despite the media attention and the condemnations by politicians, the culture of thought which accommodated-and in many ways-engendered the torture at Abu Ghraib has not been analysed systematically; neither by scholars of ‘lnternational Relations (IR), nor by students of contemporary ‘Middle Eastern’ Studies. This is the point of departure of ‘Abu Ghraib and insaniyat’. I move on to argue that the torture could not have happened without a particular racist current in the US, that the individuals who committed the atrocities against the detainees were not isolated, that they were part of a larger constellation with its own signifying ideational attitudes towards Muslims and Arabs. To those ends, both the type of torture and the ways of legitimating it legally and politically are discussed. Reviewing the thoughts of Ali Shariati on the subject of humanity, the article concludes that Abu Ghraib must be treated as an historic revolt against the tenets of insaniyat.
A Human Rights Based Approach of Violence aginst Women
Pr. Inkeke Boerefijn
15 Int'l Stud. J. 181
Violence against women constitutes a violation of women’s human rights. This article examines how the existing human rights machinery can be used to contribute to the elimination of this phenomenon. International supervisory organs play an important role in the interpretation of international human rights law. These norms provide a useful framework for combating violence against women in the public and the private sphere, if women’s experiences are adequately included.
Human Rights Norms and International Relations
Pr. Hossein Daheshiar
15 Int'l Stud. J. 215
The undeniable reality in the international arena and the undisputable fact about the quality of interactions among the international actors is the necessity of consideration of human rights norms. The enhancement of the liberal societies positions in shaping the goals and procdures in defining the nature of relations among states has to be viewed as the essential cause of the gaining importance of human rights norms. This doesn’t imply that consideration of norms change the direction of actions and activities. of the actors. Human rights norm occupy a respectable position in the dynamic of the international relations. But the idea of human rights has an instrumental characteristic. The idea of human rights is used as a useful instrument in helping to reach foreign policy goals. Human rights norms are not yet become part of identity and belief system of the actors. The human rights norms are not basic and foundamental aspect of “ public law of mankind”.
|