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1	La Charte arabe des droits de l'homme : incertitudes et ambiguïtés en matière d'application / The Arab Charter on Human Rights : uncertainties and ambiguities in enforcement Hilal, Michel 28 September 2017 (has links) Le système arabe des droits de l’homme repose, pour l’essentiel, sur un traité international, la Charte arabe des droits de l’homme. Il est institué, en vertu de ladite Charte, un Comité arabe des droits de l’homme qui surveille et contrôle l’application des obligations incombant aux États parties à la Charte. Malgré sa mise en place tardive (2004) par rapport à d’autres systèmes régionaux de protection des droits de l’homme, il s’est avéré que cette Charte est unique en son genre. Elle combine des droits divins et naturels et verrouille, de par le contenu des dispositions liminaires et finales de la Charte, sa propre évolution. Elle présente des traits qui, dans l’ordre international, n’appartiennent qu’à elle. En s’écartant du modèle des Pactes onusiens, la Charte ne consacre non seulement des droits en régression par rapport à ceux garantis dans lesdits Pactes, mais aussi des droits rédigés en termes ambigus dont la transposition dans l’ordre interne des États parties élargira encore le creuset jusqu’à rendre incertain l’efficacité de cette Charte.En somme, la Charte en elle-même, ainsi que son application, sont loin, pour le moment, de renforcer les normes universelles des droits de l’homme ou même de les maintenir à cause du caractère global du niveau de protection, qui est inférieur à celui des standards internationaux. Il est vrai que l’affirmation par la Ligue des États arabes des droits et libertés est une chose et que la garantie du respect de ces droits en est une autre. Or, en matière de droits de l’homme, la justiciabilité de la règle conditionne l’efficacité de la garantie et de sa sanction. L’analyse du système arabe de protection des droits de l’homme a conduit à constater qu’il ne satisfait pas à cette condition, contrairement à d’autres systèmes régionaux. D’où l’urgence de reformuler le texte de la Charte arabe dans une optique de mise en conformité aux normes internationales des droits de l’homme. / The Arab human rights system relies essentially upon an international convention, the Arab Charter on human rights. An Arab human rights Committee in set up under the Charter that supervises and monitors the implementation of Charter obligations by States parties. Despite its late establishment (2004) compared to other regional systems of human rights protection, the Charter has proved to be unique in its kind. The Charter combines divine and natural rights and, by means of its general and final provisions, succeeds in curtailing its own future development. Some features of the Charter are original compared to what one finds in other international instruments. As for that, the Charter deviates from United Nations conventional standards, as it enshrines several human rights in somewhat regressive or ambiguous forms. Transposition of these rights into domestic law is expected to further widen discrepancies with United Nations human rights standards and render as a whole the efficiency of the Charter quite uncertain.In other words, the Charter itself and its implementation are far, for the time being, from strengthening universal human rights, or even maintaining for them a level of global protection near to that prevailing in accepted international standards. It is notable to address that it is one thing for the Arab League to affirm human rights, and quite another to guarantee those rights. Yet, in the human rights field, the efficiency and coerciveness of the norm is conditioned to the possibility of some kind of effective judicial review. The assessment of the Arab human rights system prompts to assert that this requirement is only poorly met, in contrast with other human rights regional systems. Hence, the urgency to revise the text of the Arab Charter on human rights in a perspective aiming at guaranteeing its progressive compliance with international human rights standards. Charte arabe des droits de l’homme Comité arabe des droits de l’homme Cour arabe des droits de l’homme Charia Islam PIDCP PIDESC DUDH Arab Charter on Human Rights Arab Committee of Human Rights Arab Court of Human Rights Sharia Islam ICCPR ICESCR UDHR 340
2	The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence Mbazira, Christopher January 2003 (has links) "It is submitted that South Africa presents the African Commission on Human and Peoples' Rights (the Commission) and the African Court on Human and Peoples' Rights (the Court) with inspiration to draw from on how social-economic rights can be protected. Issues of locus, defining the state's obligations, effective remedies and their enforcement can be drawn from. However, it is impossible to transpose a domestic system directly into the regional system. It is also submitted that South Africa's Constitution and jurisprudence is not without criticisms as assessed against the backdrop of international human rights law. In this respect the United Nations Committee on Economic, Social and Cultural Rights (the Committee) offers immense inspiration. Through its practice of giving normative content to the rights in the ICESCR the Committee has given extensive definition to some of the rights in the ICESCR and the obligations that attach to them. The obligation of the states to take steps to the maximum of the available resources to achieve progressively the full realisation of the rights in the Covenant has been the subject of extensive elaboration by the Committee. In addition to this the Committee has read into the ICESCR a very important concept, the principle of 'core minimum obligations'. This concept sets the benchmark in determining whether the state has discharged it obligations at the minimum level. The Commission and Court should take advantage of the provisions of the Charter which allow for inspiration from other instruments. The Charter obliges the Commission and the Court to draw inspiration from international law and human and peoples' rights, including the UDHR and other instruments adopted by the United Nations and African countries in the area of human rights. This is in addition to taking into consideration other instruments laying down rules expressly recognized by the states. This paper sets out to show that the African system can draw inspiration from South Africa and the Committee in order to surmount the challenges affecting the realisation of the rights. The paper is divided into five parts. The first part outlines the normative framework of protection of economic, social and cultural rights within the ICESCR, the African Charter and South African Constitution. The second part explores the challenges hampering the effective realisation of these rights followed by an analysis of the African Court and the lessons it may draw not only from the Committee and South Africa's Constitution but from the African Commission as well. The fourth part looks at the forth-coming African Court and its challenges, pointing to aspects on which it may seek inspiration. This will be followed by a conclusion and recommendations." -- Introduction. / Prepared under the supervision of Professor Sandra Liebenberg at the Faculty of Law, University of the Western Cape, South Africa / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM UCTD Socio-economic rights Human rights ICESCR South Africa Africa
3	The exceptions to patent rights under the WTO-TRIPS Agreement : where is the right to health guaranteed? Mugambe, Lydia January 2002 (has links) "The thesis of this study is that the flexibility within the exceptions to patent rights protecton under the TRIPS Agreement has not sufficiently been exploited at the national level. The study conceptualises the regimes for the protection of the right to health and IPRs not as mutually exclusive but as potentially reinforcing. The contention is therefore that the obligations in respect to the right to health limit the manner in which states can exercise the flexibilty within the patent regime of the TRIPS Agreement. Eventually the study seeks to answer the question: Where does the guarantee for the right to health lie in light of the TRIPS regime? ... The study is divided into three chapters preceded by an introduction. The introduction lays the background for te discussion. Chapter one deals with the definition of important concepts and provides the context in which the study is set. The chapter also discusses the background to the creation of the TRIPS Agreement, with an emphatic discussion on the involvement or lack thereof of Africn and other least developed and developing countries in this process. Chapter two discusses the patent rights exceptions clause under the TRIPS Agreement. Against this background, compuslory licensing, government use and parallel importing as means of making accessibility to drugs a reality under the TRIPS Agreement will be discussed. Chapter three identifies other means of making drugs more accessible and identifying places where they have worked well. In this chapter, generic substitution, establishemnt of a pricing committee, therapeutic value pricing, pooled procurement, negotiated procurement and planned donations will be discussed. Finally a conclusion will be drawn from the discussion and recommendations will be advanced." -- Chapter 1. / Prepared under the supervision of Riekie Wandrag at the Community Law Centre, University of Western Cape, South Africa / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2002. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM UCTD Right to health Access to medicine Human rights Access to health care World trade organization (WTO) Intellectual property Patents Patent rights HIV/AIDS
4	Rational Reform of Housing Access Policy in Ontario Ries, Benjamin Carter 19 December 2011 (has links) Ontario’s current regulatory approach to low-income housing lies between two primary challenges: the human right to housing, and political/fiscal constraints. This thesis draws on legal theory and economic analysis of law to articulate the proper goals of housing access policy. A structural theory is proposed to explain the normative relationship between efficiency, communitarianism and justice in housing. An array of regulatory options are compared and considered in light of the features that characterize Ontario’s low-income rental housing markets. This analysis favours demand-side housing subsidies to low-income households, combined with supply-side tax expenditures to improve elasticity in the low-income rental market. Further reform of rent and covenant controls, social and affordable housing supply, and land use planning is recommended to ensure an efficient residential tenancy market. These reforms are offered as a framework for the implementation of the human right to housing in Ontario. housing public housing social housing affordable housing low-income housing rental housing housing rights right to housing residential tenancies rent control lease contract property poverty welfare planning rent-geared-to-income RGI subsidy zoning maximin law distributive justice corrective justice efficiency Pareto Kaldor-Hicks Ontario Canada shelter ICESCR Charter structural theory elasticity vacancy decontrol 0398 0501 0999
5	Rational Reform of Housing Access Policy in Ontario Ries, Benjamin Carter 19 December 2011 (has links) Ontario’s current regulatory approach to low-income housing lies between two primary challenges: the human right to housing, and political/fiscal constraints. This thesis draws on legal theory and economic analysis of law to articulate the proper goals of housing access policy. A structural theory is proposed to explain the normative relationship between efficiency, communitarianism and justice in housing. An array of regulatory options are compared and considered in light of the features that characterize Ontario’s low-income rental housing markets. This analysis favours demand-side housing subsidies to low-income households, combined with supply-side tax expenditures to improve elasticity in the low-income rental market. Further reform of rent and covenant controls, social and affordable housing supply, and land use planning is recommended to ensure an efficient residential tenancy market. These reforms are offered as a framework for the implementation of the human right to housing in Ontario. housing public housing social housing affordable housing low-income housing rental housing housing rights right to housing residential tenancies rent control lease contract property poverty welfare planning rent-geared-to-income RGI subsidy zoning maximin law distributive justice corrective justice efficiency Pareto Kaldor-Hicks Ontario Canada shelter ICESCR Charter structural theory elasticity vacancy decontrol 0398 0501 0999
6	The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement Musungu, Sisule Fredrick January 2001 (has links) "The implementation of the TRIPS Agreement, within the wider context of globalisation, has brought about a conflict between the obligation of states to promote and protect health and the achievement of economic goals pursued under the WTO regime. Since trade is the driving engine of globalisation, it is imperative that, at the very least, rules governing it do not violate human rights but rather promote them. The problem of IP and the right to health therefore lies in ensuring that the integration of economic rules and institutional operations in relation to IPRs coincide with states’ obligations to promote and protect public health. ... This study centres on the specific debate about health and IPRs in the context of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the WTO rules on IP protection. In terms of a human rights approach to the TRIPS Agreement, the ICESCR has been chosen for several reasons. First, the ICESCR specifically recognises both the right to health and the right to the protection of inventions in clearer terms than any other human rights instrument. Secondly, at least 111 of the state parties to the ICESCR are also members of the WTO including a large number of developing countries. Thirdly, if one sees the ICESCR as a vehicle for the fulfilment of the obligation to promote and protect human rights under the United Nations Organisation’s (UN) Charter, it can be argued that in line with article 103, the implementation and interpretation of TRIPS by all UN members states must take into account basic human rights. However, even with primary focus being on the ICESCR, most of the discussion on practical issues will focus on the experiences in Sub-Saharan Africa because the inequalities and problems of access to health care are most dramatically played out in this part of the world. The objective of the study is to examine the relationship between the obligation of states to progressively realise and guarantee the right to health, and the IP rules under the TRIPS Agreement. The specific objective is to examine the relationship between the exceptions under the TRIPS Agreement and the obligation to protect health and the identification of a consistent way of achieving a convergence between the implementation and interpretation of the rules of the two regimes in the area of health." -- Chapter 1 / Mini Dissertation (LLM)--University of Pretoria, 2001. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM Right to health Access to medicine International human rights law Human rights Intellectual property Pharmaceutical patents Globalization Access to health care World trade organization (WTO) UCTD
7	Transnational Corporations and Human Rights : Assessing the position of TNCs within international human rights law, and the appropriateness of an international treaty on business and human rights Söderlund, Erik January 2018 (has links) Transnational corporations are playing an important role in the global economy of today. Many of these corporations have great economic resources and have the possibility of contributing to the development of societies in developing states. At the same time, in their search for profit, the activities of TNCs have proven fatal to some of the individuals employed by them, or otherwise in contact with their activities. Within the international legal framework, corporations are not traditionally treated as subjects and if a TNC allocates its production to a state with lax human rights protection, no binding international standards exist to regulate the conduct of the corporation. In my thesis I will assess the position of TNCs under the present core human rights instruments and soft law initiatives. I will also analyze a draft treaty text produced by the Intergovernmental Working Group on Business and Human Rights, released in July 2018, to reach a conclusion on whether such an instrument would affect the international legal status of TNCs and provide a more robust protection of international human rights. Human rights corporation corporations transnational corporation transnational corporations business businesses TNC TNCs treaty law draft treaty intergovernmental woking group United Nations Bhopal Rana Plaza international law Ruggie John Ruggie Ruggie pricniples pillar labour labour law labour rights CSR Corporate social responsibility guiding principles UN global compact global compact ILO jus cogens customary law OECD ICCPR ICESCR state-centrism Bilateral investment treaty ILC WTO World trade organization International law commission legal personality företag mänskliga rättigheter traktat traktaträtt juridisk person folkrätt internationell rätt FN Förenta Nationerna Ruggie Jhon Ruggie Arbetsrätt Globala målen företagspolicy Amnesty International Human Rights Watch Law (excluding Law and Society)

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