Search results

The main purpose of this paper is to explore the extra-judicial killing situation in Bangladesh by analyzing both national and international human rights law. In addition, this paper will also identify the remedy that is available for the victim’s family for extra-judicial killing by law enforcement agencies, especially the Rapid Action Battalion of Bangladesh.

This is a qualitative research where both primary and secondary sources have used to identify the situations of extra-judicial killings in Bangladesh, the human rights instruments and the judicial activism to protect human rights.

This paper will show impunity of the law enforcement agencies increasing the number of extra-judicial killings of citizens, by violating the Constitutional and International human rights law that deal with “right to life”. The state sovereignty is not hindering the implementation of the international law, but the judiciary of Bangladesh needs to be more efficient in protecting citizens’ human rights, along with bringing criminal prosecution against members of the law enforcement agencies, by providing “effective and adequate” remedy to the victim’s family.

While analyzing the “right to life” under the International Human Rights Conventions, this paper will only deal with the UDHR and the ICCPR, as Bangladesh has ratified those Conventions.

This paper will add value to identify the present rights of the citizen under domestic and international law and to incorporate new legislation through finding the lack of present legislation to protect the right to life and remedy for extra-judicial killings in Bangladesh.

This chapter examines the delicate balance achieved by apex courts in new democracies when dealing with impunity for rights violations during times of transitional justice. While international law has clearly rejected amnesties for past rights violations, domestic politics sometimes incorporate amnesties as part of larger peace settlements. This puts courts in the difficult situation of balancing the competing demands of law and politics. Courts have achieved equipoise in this situation by adopting substantive interpretations and procedural approaches that use international law’s rights-based language but without implementing international law’s restrictions on amnesties. In many cases, courts do this without acknowledging the necessarily pragmatic nature of their decisions. In fact, oftentimes courts find ways of avoiding having to make any substantive decision, effectively removing themselves from a dispute that could call into question their adherence to international legal norms that transcend politics. In doing so, they empower political actors to continue down the road toward negotiated peace settlements, while at the same time protecting the courts’ legitimacy as institutions uniquely situated to protect international human rights norms – including those they have effectively deemphasized in the process.

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

This chapter concentrates on child rights institutions’ founding or organic laws that provide independence and powers to the national or local child rights institutions. This chapter analyzes the National Commission on the Rights of the Child Act (NCRCA, 2017) of Pakistan as a case. It employs the Paris Principles of 1993 and the UN Committee on the Rights of the Child’s General Comment No. 2 as a yardstick. This chapter also compares the NCRCA with the National Commission on Human Rights Act (NCHRA, 2012). It presents results from interviews of three Child Rights Movement Pakistan (CRM) members and a member of the National Commission on the Rights of the Child (NCRC). The analysis finds that the NCRC faces serious challenges in performing its duties and functions, which were already limited within the organic law. The NCRC is an advisory body whose only role is to suggest the federal bureaucracy when and if required. The NCRC has not been provided with funds and adequate resources. Even the NCRC members were not paid their salaries for many months. The analysis finds that the NCRC’s affairs are governed through the bureaucracy¹ (senior officials) within the Ministry of Human Rights, and the Human Rights Division. Rather than direct responsibility to the Parliament, the NCRC’s independence is undermined as its legislation directs. In the future, the NCRC will face challenges in advancing and protecting children’s rights because it does not have suo-motu (on its own) powers to intervene in matters affecting children. Therefore, it is indispensable to amend the NCRCA in consideration of the GC2 and the Paris Principles to bolster the institution’s independence and functions. These changes are essential to addressing violations of children’s rights and bringing about changes in the structures that affect children.

This selected annotated bibliography guides users to print and online tools for researching international human rights law.

To research international human rights law, users may need to access a wide range of resources that represent varying levels of depth and analysis. Thus, this selected annotated bibliography reviews a selection of dictionaries, handbooks, nutshells, encyclopedias, guides and Web sites that will be useful to scholars, students, practitioners and the general public. The results of a trial search for information on the women’s human rights are included for each resource.

As recent world events such as the Arab Spring and the Syrian Civil War make headlines, the need for understanding international human rights law continues to be essential to life in a just society. The resources reviewed here help researchers, practitioners and the general public better understand the human rights implications of the events happening around them today, as well as past events.

This is an original bibliography that aims to select and review tools for researching international human rights law from a variety of types and formats. It may be valuable to librarians working in academic, school and public libraries who handle questions about human rights, legal issues and world events.

This chapter examines how international human rights law is shaping the politics of immigration. It argues that migrant human rights are neither conceptually nor practically incompatible with an international order premised upon state territorial sovereignty, and that the specific aesthetics of the contemporary international human rights system, namely its formalistic and legalistic tendencies, has facilitated its integration with a realm of policymaking traditionally reserved to state discretion. An exploration of two areas in the emerging field of migrant human rights traces the multi-scalar transnational legal processes through which these norms are formulated and internalized.

The purpose of this paper is to show the potential of international human rights law to raise awareness of the international community about ageism and its three aspects – old age discrimination, stereotyping and prejudices against older persons. The author evaluates the ability of international human rights law to encourage states to take action against these phenomena and looks for new solutions. The author also intends to examine if there are international law instruments compelling states to reject stereotypes and prejudices on older persons if there is no treaty devoted to them.

The author applies methods relevant to legal science. The core human rights treaties, soft law documents and activities of human rights bodies are selected, analysed and interpreted.

The core human rights treaties require going beyond their literal interpretation to observe older persons' rights. States should interpret them in good faith, relying on the ageing mainstreaming approach. Instruction to states on how to do so lies in the soft law and output of the international human rights bodies. However, there is also room for improvement. Therefore, the author proposes adopting a targeted resolution on counteracting ageism and its components, updating positions by international treaty bodies, and involving various human rights procedures and specialised agencies in the fight against intangible dimensions of ageism.

It is the first study analysing awareness about stereotyping and prejudices against older persons from international human rights law. The author indicates untapped possibilities of the fight against ageism and its intangible dimensions under international law.

This paper aims to highlight the disparity between the huge global influence and reach of transnational corporations, on the one hand, and the lack of international legal infrastructure for regulating TNC activity, on the other. Existing avenues for holding TNCs accountable for breaches of international standards are woefully inadequate. After rejecting the idea of subjecting TNCs to potential criminal liability, the paper then proposes a set of principles for international TNC responsibility modelled on the 2001 Draft Articles on State Responsibility. The potential future role of regional human rights courts and the International Labour Organisation in holding TNCs accountable is also explored.

A survey of existing legal texts and secondary scholarship was undertaken to determine the existing coverage of the regulatory infrastructure for holding TNCs to account, and to identify gaps in that coverage.

Significant governance gaps in the existing institutional infrastructure were identified, creating a permissive environment within which blameworthy acts by TNCs may occur without adequate sanctioning or reparation. Potential regulatory and institutional avenues for filling these gaps were identified.

The author lacks hands‐on experience of the political barriers which may exist and may make the proposed reforms unrealistic. Those in the field are encouraged to consider whether the proposed reforms are feasible/desirable.

The paper contains implications for the future of international law, the regional human rights courts and the International Labour Organisation.

The paper contains original proposals for the future evolution of international law in its application to TNCs.

The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its civil and criminal liability. This study has provided inputs to the policymakers and government authorities to overcome different challenges.

This study has analysed different international and Indian laws on human rights issues and the impacts of these laws to protect the human rights of the individual, which could be under threat due to the advancement of AI technology. This study has used descriptive doctrinal legal research methods to examine and understand the insights of existing laws and regulations in India to protect human rights and how these laws could be further developed to protect human rights under the Indian jurisprudence, which is under threat due to rapid advancement of AI-related technology.

The study provides a comprehensive insight on the influence of AI on human rights issues and the existing laws in India. The study also shows different policy initiatives by the Government of India to regulate AI.

The study highlights some of the key policy recommendations helpful to regulate AI. Moreover, this study provides inputs to the regulatory authorities and legal fraternity to draft a much-needed comprehensive policy to regulate AI in the context of the protection of human rights of the citizens.

AI is constantly posing entangled challenges to human rights. There is no comprehensive study, which investigated the emergence of AI and its influence on human rights issues, especially from the Indian legal perspective. So there is a research gap. This study provides a unique insight of the emergence of AI applications and its influence on human rights issues and provides inputs to the policymaker to help them to draft an effective regulation on AI to protect the human rights of Indian citizens. Thus, this study is considered a unique study that adds value towards the overall literature.