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Patrick Thornberry

Racial Discrimination Convention 8 Racial discrimination and indigenous peoples – in particular under the Racial Discrimination Convention Introduction The major instrument of the UN devoted to the issue of race discrimination is the International Convention on the Elimination of All Forms of Racial Discrimination (ICEARD). The Convention – preceded by a Declaration on the same subject1 – was adopted by the GA on 21 December 1965 by 106 votes to 0,2 and entered into force on 4 January 1969.3 By December 2001, the Convention had 161 States’ parties. The text

in Indigenous peoples and human rights

This book is a full-length study of the rights of indigenous peoples in international law, focusing in particular on instruments of human rights. The primary reference point is contemporary law, though the book also examines the history of indigenous peoples through the lens of historical legal discourses. The work critically assesses the politics of definition and analyses contested definitions and descriptions of indigenous groups. Most of the chapters are devoted to detailed examination of existing and emerging human rights texts at global and regional levels. Among the instruments considered in the book are the International Covenants on Human Rights, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Racial Discrimination, the African Charter on Human and People's Rights, and the ILO Conventions on Indigenous and Tribal Peoples.

Resistance and accommodation
Sufyan Droubi
Cecilia Flores Elizondo
, and
Raphael Heffron

While the causes of identity invisibility are complex, discrimination is certainly a major triggering factor. Systemic, ingrained, widespread discrimination causes the government and other actors to deny to indigenous peoples, and fear of discrimination may cause individuals within these peoples not to affirm, their identities. 29 It has been observed that the very idea of

in Latin America and international investment law
Universalizing resistance
Fabian Cardenas
Jean d’Aspremont

discrimination against foreign-investor, or infringement of any international legal rule. 80 Proponents of this national treatment were bolstered by the Russian revolution and the decrees of nationalization adopted by the Bolchevik governments which drew no distinction between Russian nationals and foreign-owned property. Although that instrument never entered into force, an expression of

in Latin America and international investment law
A quest for balance
Rodrigo Polanco Lazo
Felipe Ferreira Catalán

States , the award found that it is the responsibility of the courts of a state to ensure that litigation is free from discrimination against a foreign litigant and that a person does not become the victim of sectional or local prejudice. 74 Without explicitly mentioning the right to a fair trial, in Saipem v . Bangladesh , on the issue of judicial revocation of the authority of an arbitral

in Latin America and international investment law
Transformative constitutionalism and fair and equitable treatment
René Urueña
María Angélica Prada-Uribe

Emerging Global Administrative Law” ( 2009 ) NYU School of Law, Public Law Research Paper 9–46 , 10 . In a subsequent article Stepahn Schill adds the principle of legality and the protection against arbitrariness and discrimination. See Stephan W. Schill

in Latin America and international investment law
Open Access (free)
A conceptualisation of violence against women’s health (VAWH)
Sara De Vido

understanding of rights violations … as a distortion of relationships and network systems that are sustained by these rights in a way that is especially relevant for women.’20 VAWH as a form of discrimination against women: patterns of discrimination VAWH is a form of discrimination against women because they are women and/ or that affects women disproportionately, and it is structural, meaning that this form of violence is rooted in society, and based, as explained by the Council of Europe Istanbul Convention, on the ‘crucial social mechanisms by which women are forced into

in Violence against women’s health in international law

The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).

Abstract only
Asif H. Qureshi

international trade. The WTO code sets out a broad framework within which member states need to conduct their affairs. Thus the non-discrimination edict prescribes the uniform application of the national standard, but not the content of that standard. At its core the code is aimed at eliminating discrimination in government regulations relating to international trade in goods and services

in The World Trade Organization
Fiona Beveridge

most pervasively, certain restrictions were seen to ow from the particular way in which the apparently permissive doctrine of sovereignty itself was constructed, and these must be contextualised and examined before the issue of sovereignty in North–South economic relations can be properly understood. Second and more recently, a non-discrimination rule has been formulated which has become part of

in The treatment and taxation of foreign investment under international law