class 11 Flashcards
what are uncivil societies?
Illegal (armed forces that work on domestic levels) role of HR law became complicated
what is the main problem with uncivil societies?
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)?
explain the main problem with uncivil societies in 6 pts (lddddr)
legitimacy
distraction
denial
recognition
delegation
dilution
is there a solution to uncivil societies
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
what is the golden rule in ethics?
always seek good never seek harm
what are the 5 contemporary dynamics related to HR and non-state actors?
globalization
privatization → private actors performing public actions
fragmentation
feminization
criminalization
what is investment arbitration?
solve a conflict outside the tribunal. more technical then mediation. use of a panel
explain legal framing of non-state actors and HR
impact on the state members’ duties
human rights crimes committed by non-state actors
national law and the horizontal effect
obligation of non-refoulement
what are the challenges?
resistance to acknowledge international obligations of non-state actors
development of monitoring tools and accountability
who has human rights obligations?