class 11 Flashcards

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1
Q

what are uncivil societies?

A

Illegal (armed forces that work on domestic levels) role of HR law became complicated

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2
Q

what is the main problem with uncivil societies?

A

the regulation of human rights and non-state actors
Why in most cases are excluding the uncivil societies from the IPL (International Public Law) and IHRL (International Human Rights Law)?

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3
Q

explain the main problem with uncivil societies in 6 pts (lddddr)

A

legitimacy
distraction
denial
recognition
delegation
dilution

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4
Q

is there a solution to uncivil societies

A

de-legitimation not recognition
HR as rights, not as self-imposed government duties
empathy (human rights always based on good faith)
complemental work
human dignity

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5
Q

what is the golden rule in ethics?

A

always seek good never seek harm

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6
Q

what are the 5 contemporary dynamics related to HR and non-state actors?

A

globalization
privatization → private actors performing public actions
fragmentation
feminization
criminalization

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7
Q

what is investment arbitration?

A

solve a conflict outside the tribunal. more technical then mediation. use of a panel

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8
Q

explain legal framing of non-state actors and HR

A

impact on the state members’ duties
human rights crimes committed by non-state actors
national law and the horizontal effect
obligation of non-refoulement

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9
Q

what are the challenges?

A

resistance to acknowledge international obligations of non-state actors
development of monitoring tools and accountability
who has human rights obligations?

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