Introduction to Law

irrespective of the nationality of the perpetrator or the victim. Unlike the protective principle, the interests protected by th ...

11.5.2 Enforcement For its enforcement, international law is still dependent on states and on domestic institutions. There is no ...

However, this situation changes when international standards are created according to which states have a duty to respect and pr ...

interstate relations. As a matter of fact, international law does not prohibit—and may even require—the prosecution of these off ...

individuals it will confer its nationality. It should just make sure not to interfere with the rights of other states. This foll ...

Human Rights 12 Gustavo Arosemena 12.1 Introduction From Rules to Rights One natural way to look at the law is to see it as a co ...

Provisional Definition As a provisional starting point, human rights may, in a more or less orthodox fashion, be defined as rig ...

that has developed through history and that has, these days, many different institu- tional manifestations. 12.2.1 Roots Natural ...

Germany represented in many ways a democratic, nationalistic, and scientific paragon. The presence of these attributes was not e ...

Less mature initiatives exist in Asia and the Arab region, but their relative lack of development means that citizens of these c ...

In principle, one can use human rights in (at least) four different ways, only one of which is, strictly speaking, legal, namely ...

certain enacted human rights should be repealed, as they do not reflect a real fundamental moral right. Added Value of Legal Hum ...

and legitimized to allow measurement. Clearly, this function is better suited to international human rights, as it may be illegi ...

While most human rights instruments leave open the question of when life starts and when it ends, making it a matter for judicia ...

12.4.2 Universality and Relativism Universality refers to the idea thateveryhuman being has the same human rights because all th ...

This orthodox view has been challenged on at least two fronts. On one hand, many argue that due to globalization the state has l ...

Three Kinds of Duties Nowadays, the strict division between liberty or negative rights and welfare or positive rights has lost g ...

government was complying with these rights. This is the so-called test of “reasonableness review”. Under this test, the Court do ...

12.6 The Content of the Rights Having introduced some basic notions of the idea of human rights, we need to discuss the content ...

stress the “political language” aspect of rights. They aim to use rights as catalysts for bottom-up political movements, but the ...