Suchergebnisse

Moluccas is known as its "Pela-Gandong" culture, an old tradition where the local community live together hand in hand compassionate and respecting each other, maintaining kinship relation. Cases of Human Rights violation in 1999 and 2011 in Ambon have brought serious damage to the kinship relation of local community in Ambon. This study aims to examine and discuss legal responsibility for violence against humanity as a form of Human rights violation. This study used some approaches as legislations, case based approaches, and conceptual approaches. This study shows that criminal system in Indonesia is based on individual responsibility, however, the action done by a group or an organization is a crime against humanity. Legal responsibility for crimes against humanity as a form of Human Rights violations like what happened in Moluccas can be charged to the leader or the officials in the form of imprisonment. Meanwhile, punishment or sanction to the organization must be in the form of organization dissolution.

Preliminary Material -- The New Haven School and the Human Rights and Business Debate -- Delimitation of the Problem -- Identifying the Participants in the Human Rights and Business Debate -- Past Trends in Decision -- Projecting Future Trends -- Appraisal, Alternatives and Recommendations -- Conclusion -- Bibliography -- Subject Index.

This groundbreaking book offers a compelling articulation of the right of access to justice for individuals facing human rights violations by international organizations. Following an examination of the human rights obligations of a variety of international organizations, the author scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. Highlighting recent examples, such as the cholera outbreak in Haiti, this book reveals how individual victims of human rights violations by international organizations are frequently left in the cold, due to the lack of an independent, impartial dispute settlement mechanism before which they can file such claims. Considering both global mechanisms and current mechanisms established by international organizations such as administrative jurisdictions for employment-related disputes, Pierre Schmitt finds that they either are not competent or that they have a limited scope. He concludes by offering normative proposals addressed both to international organizations and to national judges confronted with such cases. Offering a wealth of empirical and practical wisdom, this book will appeal to scholars in public international law and human rights. It is also a must-read for practitioners, judges and legal advisers working in the field and will prove a useful tool for national authorities negotiating immunity conventions with international organizations --Back cover

All companies, regardless of the sector they belong to, can positively or negatively impact human rights. Governments are increasingly aware of the benefits that free trade brings their nations, which has led them to do whatever is necessaryto attract foreign investment, even if it means to act against the interests of their own people. The power relationship between corporations and states generates a tension derived from their nature: while the objective of states is the welfare ofits members, the purpose of corporations is profit. It is in the crack generated by the collision of powers and purposes between these two actors, that this article is intended to raise the discussion on the need to establish an international framework for corporate liability for human rights violations. To achieve its goal, the article will analyze the opportunities and obstacles raised by the exercise of extraterritorial jurisdiction in the American context and its relationship with the developments in the business and human rights field.

All companies, regardless of the sector they belong to, can positively or negatively impact human rights. Governments are increasingly aware of the benefits that free trade brings their nations, which has led them to do whatever is necessaryto attract foreign investment, even if it means to act against the interests of their own people. The power relationship between corporations and states generates a tension derived from their nature: while the objective of states is the welfare ofits members, the purpose of corporations is profit. It is in the crack generated by the collision of powers and purposes between these two actors, that this article is intended to raise the discussion on the need to establish an international framework for corporate liability for human rights violations. To achieve its goal, the article will analyze the opportunities and obstacles raised by the exercise of extraterritorial jurisdiction in the American context and its relationship with the developments in the business and human rights field.

Where EU action affects the legal or factual situation of an individual, guarantees for the affected persons' rights must exist. If rights have been violated, a remedy must be provided. This thesis concentrates on this relationship between the EU and individual applicants in human rights cases. It critically analyses how the EU may be held accountable for violations of human rights through procedures and remedies available to the individual applicant. The key in this situation is for the EU to find a role in the spectrum of human rights law, where it will bear human rights obligations and individuals will be the right holders who may claim their rights. The thesis focuses on procedures for annulling an EU act, claiming damages against the EU as well as engaging the EU's responsibility under international law.

State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.