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The prognosis
Sara De Vido

, diagnosis, treatment and prognosis has provided a sufficient descriptive framework for systematising my argument and has encouraged a reflection which has led me to the elaboration of a new concept in international law around which to construe states’ obligations. I started my analysis from the conviction that VAW always relates to the right to health and the right to reproductive health. I contended that the relationship is not merely a causal one, however, in the sense that VAW causes a violation of the rights to health and to reproductive health (what I called the

in Violence against women’s health in international law
Abstract only
Patrick Thornberry

Introduction Introduction Scope of the work: human rights instruments and principles The present work does not attempt to explore the whole of international law as it connects with the indigenous. The focus is principally on human rights instruments and principles. A chapter also attempts to unravel some of the historical underpinnings of the relationship between indigenous peoples and the system we understand as international law. The author broadly shares the sentiments expressed by, inter alios, Brownlie and Merrills,1 in support of the idea that human

in Indigenous peoples and human rights
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Concept, definition, process
Patrick Thornberry

1996; Supplementary Working Paper on the Concept of ‘Indigenous Peoples’, E/CN.4/ Sub.2/AC.4/1997/2, 16 June 1997. 2 33 Indigenous peoples in international law of definition were further sharpened by the presentation in 1998 and 1999 of a UN study on treaties, agreements and other constructive arrangements between indigenous peoples and minorities (the Alfonso Martinez report).6 Chief among the study’s conclusions is that specific ‘indigenous peoples’ are marked out in the Americas and Australasia, and that the notion makes little sense in the context of Africa and

in Indigenous peoples and human rights
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David Keane and Annapurna Waughray

1 Introduction David Keane and Annapurna Waughray The United Nations exists not merely to preserve the peace but also to make change –​even radical change –​possible. –​Ralph Bunche, Nobel Lecture (1950)1 The origins of ICERD On 21 December 1965, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)2 was adopted in the United Nations General Assembly in plenary session by 106 votes to none.3 ICERD was the first international human rights treaty, and the first major piece of international law in the drafting of which the

in Fifty years of the International Convention on the Elimination of All Forms of Racial Discrimination
Tony Blair, humanitarian intervention, and the “new doctrine of the international community”
Jim Whitman

armed forces is much more significant than that: at present—and for the purpose of this discussion, in the UK in particular—moral justifications for military actions do not merely bolster the practical case for action against the strictures of international law and/or popular disquiet: they also facilitate the climate that makes such actions less uniquely challenging—and eventually, unexceptional. This

in Intelligence and national security policymaking on Iraq
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Nigel D. White

This chapter examines non-forcible measures adopted by the UN and other IGOs, their legality (both in terms of constitutionality and conformity to international law), legitimacy and effectiveness. Are sanctions used to punish breaches of law by member states or do they serve wider purposes? The main focus will be Article 41 of the UN Charter, a provision that expressly empowers the Security Council to adopt sanctions. It used this power largely against states in the Cold War but, given that the real culprit was not the population of the state but the regime

in The law of international organisations (third edition)
Leslie C. Green

: since war is an act of force, there is no logical limit in the application of force . . . attached to force are certain self-imposed imperceptible limitations hardly worth mentioning, known as international law and custom, but they scarcely weaken it. [K]ind-hearted people might . . . think there was some ingenious way to disarm or defeat an enemy without

in The contemporary law of armed conflict
Leslie C. Green

The difficulties Like other branches of international law, the law of armed conflict has, as such, no permanent means to secure its observance. However. the International Criminal Court established by treaty in 1998 has, for parties to its Statute, 1 jurisdiction over war crimes. Moreover, since it is generally accepted

in The contemporary law of armed conflict
Sibylle Scheipers

progress as rationalisation, legalisation and professionalisation. Its proponents interpret the establishment of the ICC as a major step in this direction. Consider for instance a comment published in Le Figaro after the Rome Statute came into effect in 2002: ‘Whatever its detractors might say, the ICC represents a significant advance of international law, a major leap forward in the evolution of a universal conscience and a historical progress towards respecting the dignity of individuals and peoples.’4 One year later, on the occasion of the inauguration of the chief

in Negotiating sovereignty and human rights
Open Access (free)
Reconceptualising states’ obligations in countering VAWH
Sara De Vido

the dimensions. In this section, I will elaborate further the intuition of the CEDAW in GR No. 35 of 2017, which stressed that states have obligations stemming from actions committed by state and non-state 179 DE VIDO 9781526124975 PRINT.indd 179 24/03/2020 11:01 Violence against women’s health in international law actors and, with regard to the former, to ensure that laws, policies, programmes and procedures do not discriminate against women.4 The recommendation does not refer, however, or only partly, to cases in which it is the state that, through its policies

in Violence against women’s health in international law