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2 results

  • 3 - Domestic Implementation of International Human Rights Treaties: Legislative and Other Effective Measures

  • Julie Fraser, Universiteit Utrecht, The Netherlands
  • Book:
    Social Institutions and International Human Rights Law Implementation</I>
    Published online:
    04 September 2020
    Print publication:
    06 August 2020, pp 64-113

  • Summary

    Having articulated the need for and benefits of culturally sensitive approaches to human rights implementation involving social institutions, Chapter 3 considers their permissibility under international law. It does this by analysing the obligations on states parties to implement international human rights treaties, focusing on their discretion to employ measures so long as they are effective. This includes enacting legislation or undertaking a variety of other measures of implementation. Despite this broad discretion, Chapter 3 discerns a preference for the domestic legal incorporation of treaties evinced by scholars and the UN treaty bodies. This preference is critiqued as part of the legalisation of human rights, which marginalises other effective implementation measures that may be more culturally sensitive. Analysing the human rights treaties, as well as the interpretations of their respective treaty bodies, Chapter 3 identifies the wide scope for UN human rights treaties to be implemented via measures other than legislation.

  • Recognition of States: International Law or Realpolitik? The Practice of Recognition in the Wake of Kosovo, South Ossetia, and Abkhazia

  • CEDRIC RYNGAERT, SVEN SOBRIE
  • Journal:
    Leiden Journal of International Law / Volume 24 / Issue 2 / June 2011
    Published online by Cambridge University Press:
    06 May 2011, pp. 467-490
    Print publication:
    June 2011

  • This article deals with the fundamental evolution that the process of state recognition has gone through during the past few decades. Whereas the recognition of new states used to be subject to a relatively concise and clear-cut normative framework consisting of factual criteria, the dissolution of Yugoslavia marked the introduction of a new set of moral norms used to determine whether or not an entity should be recognized as a state. This evolution gave rise to a high level of uncertainty, among both authors and the state community, as was painfully shown by the international discord during the crises in Kosovo and South Ossetia/Abkhazia. A renewed normative framework for recognition that integrates both factual and moral criteria is needed if the international community wants to prevent each claim to statehood becoming a threat to international stability.