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This doctoral thesis investigates contemporary disputes about international distributive justice by first outlining a distinctive human rights approach to the issues and then assessing alternative views of various kinds. The thesis is organized in terms of the dispute between cosmopolitans and communitarians on the question of ethics in international political theory. Part One of the thesis, 'Cosmopolitanism,' outlines and evaluates the most significant cosmopolitan theories of international justice. Following an introductory chapter in which the debate is introduced in a general way. Chapter Two focuses on basic human rights. Chapter Three is on utilitarianism, and Chapter Four investigates Onora O'Neill's Kantian approach to international justice. I conclude that the human rights approach, conceptualized in a distinctive form, is the most promising of these alternatives. Part Two of the thesis, 'Communitarianism,' investigates various "communitarian" challenges to the universalist ambitions of the arguments defended in Part One. These challenges are designed to prove that the pretensions of cosmopolitans are illusory, incoherent, overridden by some morally more important considerations, or otherwise wrong-headed. Constitutive theorists maintain that, while there are perhaps good grounds for recognizing the claims of human beings qua human beings, cosmopolitans fail to take proper account of the value of what we might call certain intra-species collectivities, most importantly, sovereign states (Chapter Eight). Relativists hold that justice is subject to community-relative standards that make cross-cultural comparisons impossible. Hence, universal claims to justice make no sense (Chapter Seven). Defenders of nationality base their conclusions on the ethical value of the 'nation,' and sometimes claim that distributive justice can be discussed properly only within the context of a given national community (Chapter Six). Patriots emphasize devotion to one's country as a primary moral virtue, and conclude that such devotion, in practice, amounts to legitimate favouritism for compatriots and, therefore, at least potentially, the denial of some of the claims of non-compatriots. If such a view requires the denial of the full force of human rights claims, then patriotism conflicts with cosmopolitanism (Chapter Five). The argument of Part Two is that, on the whole, the communitarian challenges do not succeed. Nevertheless, there are significant lessons to be learned from the criticisms in each case. The defence of cosmopolitanism is strengthened by exposure to these objections, even though they do not provide any grounds for rejecting the basic human rights claims of individuals.

Fifty years after the Nuremberg trials, Europe is challenged once again with a question: Who is responsible for state-sponsored violations of human rights. This time, those put on trial or ostracised from power are elements of the Communist structures of control. Some observers have criticised these measures of political justice, comparing them to a 'witch hunt,' and accusing the courts and legislature of often engendering an unjustifiable collective guilt. In contrast, others have claimed that not enough is being done; that the people of Eastern Europe "have asked for justice, and got the rule of law." In this thesis, the author proposes an assessment of the process of political justice taking place in post-Communist Eastern Europe. The approach taken is from the perspective of the role played in this process by the concept of collective responsibility of political organisations for violations of human rights. While concentrating on the way collective responsibility appears in the criminal law measures taken in Hungary, and in the administrative procedures of screening used in the Czech Republic, the thesis also aims to offer a comprehensive picture of the general debate on accountability for past human rights violations which takes place in post-Communist Eastern Europe. The thesis underlines the complexity of the political reality in which the expectations for accountability for state-sponsored violations of human rights are answered. It also emphasises the importance for this answer to acknowledge the nature of the Communist regime, and of its representative structure known under the name of Nomenklatura. Based on these elements, the author argues for the necessity of combining individual and collective responsibility for human rights violations. A reconstructed concept of collective agency and collective responsibility appears to be the solution to the inconsistencies otherwise manifested in a process of political justice. Such concepts, the author argues, should allow for the acknowledgement - through commissions of truth, as well as through prosecution and screening - of the role played by the Communist structure of power in the violations of human rights which took place under its regime.

For twenty-three years, the Christian Council of Nigeria made plans for a newspaper with which to plead the cause of the disadvantaged in Nigeria. In April 1967, it eventually launched the <I>Nigerian Christian</I> magazine as a Christian journal for reporting and reflection on matters of importance to the nation. This thesis assesses the <I>Nigerian Christian</I> magazine's response to oppression in Nigeria, in order to determine whether the magazine lived up to its foundling vision. The study is delimited to 1) the <I>Nigerian Christian's</I> reporting and reflection over a twenty-year period beginning from its debut, and 2) the following issues: (i) national ideology, (ii) the rule of law, (iii) constitutional view of subsistence rights, (iv) official corruption, and (v) the strike phenomenon. The concept of advocacy press, a journalistic category, currently articulated and promoted by the World Association for Christian Communication, was adapted and used as a normative frame of reference, for assessing the <I>Nigerian Christian's</I> response to oppression in Nigeria. Having established that the criterion is both a journalistic category and a socio-ethical tool with a sound theological basis; its news-worthiness criteria were adapted and reformulated for this study as follows: 1) alternative time-frame, 2) alternative social actors, 3) alternative narrative. The analysis shows that the <I>Nigerian Christian</I>, in its reporting, lived up to its founding vision with respect to the first news-worthiness criterion. It was less faithful to its vision with the second. With reference to the third criterion, the <I>Nigerian Christian</I> betrayed its founding vision because its reflection on the five issues was an echo of the <I>status quo</I>.

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<p>In this minithesis, I demonstrate that International Humanitarian Law and International Human Rights Law are two distinct but related fields of law. First, the examination deals with the instance that the aim of both branches of law, the protection of human rights, is common, but the approach to reach this aim is different. In this regard, I show numerous points of divergence of both branches of law which have their origin in the fundamentally different historical developments of International Humanitarian Law and International Human Rights Law. I give the main attention to the application of both sets of law, whereby the contractions and legal gaps of the protection of human rights become apparent. The proposals dealing with the solution of these issues are discussed. I argue that a new legal instrument for a comprehensive and compatible protection of human rights is necessary, especially in times of internal strife. Regarding the question as to whether International Humanitarian Law or International Human Rights Law should apply if both branches are applicable, I take the view to apply the roman principle of law lex specialis derogat legi generali in such a way that the more specific rule whenever they have a specific justification for dealing with specific problems is applicable. Both branches of law do not merge to one, but they converge to a harmonious relationship, where they complement each other and provide the highest protection of human rights.</p>

Thesis (MInternationalStudies)--University of South Australia, 2001.

The main objective of this thesis is to provide description, analysis and criticism on the existing international instruments for the promotion of respect and protection of human rights, as well as a suggestion to the international community through the United Nations mechanism to adopt an additional legal instrument as a complementary procedure. This, in turn, should serve as an extra-pressure upon the State governments to bring their internal legal system in the same line as the international standards for the protection of human rights. It is being argued in this work that the current international procedures available to individual alleging their human rights have been abused by State are no longer sufficient and therefore another procedure should be introduced and put into place. The chapter "The Case of Indonesia" serves as a good (or bad?) example of State abusive conduct and remain "untouchable" under international mechanisms. Despite gross and systematic violations of human rights Indonesian government is still immune due to executive-heavy legislation system, restricted judicial review as a result of a corrupt judiciary and impunity of government and other public agencies. The study fvstly concentrates on the procedures available at international level for dealing with individual complaint alleging human rights violations. Different procedures both under Charter and treaty provisions are analysed in the attempt to describe their advantages and disadvantages. Two Charter-based procedures dealt with in the discussion cover the communication procedure under the United Nations Economic and Social Council (ECOSOC) which includes the "1503" procedure. Treaty-based procedures are given special attention in this thesis which include the procedure before the Human Rights Committee (HRC), the Committee on the Elimination of Racial Discrimination (CERD), the Committee against Torture (CAT) and the Committee on the Elimination of Discrimination against Women (CEDAW). The discussion further presents a critical appraisal of those procedures in which the limitations and weaknesses of the procedures are analysed followed by the suggestion to adopt an additional procedure to complement the current mechanisms available to individual seeking remedies for human rights violations. The limitations of the procedures featured largely by the fact that the decisions resulted from those procedures are legally non-binding. And this all what an individual can receive after being allowed to bring hisher petition before the Committee. Before one is permitted to communicate with one of the Committee hetshe must first meet all the conditions of admissibility. The condition "exhaustion of all domestic remedies" can virtually be seen as a hindrance for individual to communicate with the Committee. Jn order to support this argument several decisions on several individual complaints handed down by the HRC are presented in this study. Finally, the study introduces a complementary procedure called International Judicial Review by which the State Constitutions and legislation can be examined whether or not they are in conformity with international human rights standards and norms. If found inconsistent the Constitutions or legislation must be declared invalid. The power to review is given to the International Court of Justice (ICJ) as the "principal judicial organ of The United Nations". And as a World Court the decision made by the ICJ has legally binding power.

Proefschrift Åbo. / Bibliogr.: p. 324-339. Met lit. opg. en index.

Thesis (B.A.)--Haverford College, Dept. of Philosophy, 2002. / Title from paper copy. Includes bibliographical references.