Journal of International Law & Human Rights

Towards a Holistic Framework: Integrating Causation into Human Rights Measurement Practices

Zainab Lokhandwala, Harsh Mahaset — Tue, 28 Mar 2023 00:00:00 +0000

Human rights studies have increasingly relied on statistical methods such as indicators and benchmarks to measure performance. This empirical approach reflects the current trend in the field. However, the issue of causation is often overlooked in the creation of statistical techniques, which can lead to serious problems. This article suggests that fiscal or temporal resources would be better spent improving techniques for identifying human rights violations rather than creating complicated and ultimately futile statistical methods for tracking human rights achievement. In recent times, the study of human rights has witnessed a surge in the use of statistical techniques, such as indicators and benchmarks, to measure the performance of various actors. This empirical approach has become increasingly popular in the field, reflecting the growing importance of quantitative data in assessing progress. However, despite these techniques' apparent benefits, causation is often overlooked in their creation and application. This can have serious implications for the validity and reliability of such schemes.

Challenges of Harmonization: Critically Assessing Systemic Integration in Human Rights Law

Tara Davenport, Anam Soomro — Sun, 28 May 2023 00:00:00 +0000

International legal experts and courts view systemic integration as a possible solution to challenges caused by the fragmentation of public international law. However, this article critically examines its effectiveness within the realm of human rights treaties. It argues that systemic integration often presents significant issues related to interpretation and jurisdiction. Moreover, adopting this approach may lead to a less varied international legal landscape. Therefore, while systemic integration offers a potential remedy for legal fragmentation, particularly in the context of human rights, its implementation must be approached cautiously due to the complexities it introduces regarding interpretation, jurisdictional matters, and the potential impact on the diversity of international law.

A Geoeconomics Perspective of the China-Pakistan Economic Corridor: An Analysis of Belt and Road Conflict

Muhammad Rafi, Iffat Shafi — Mon, 21 Aug 2023 00:00:00 +0000

This study clarifies that a conflict resolution process that prioritizes larger attraction and all lawful rights is necessary given the interlocking geopolitical, security, and economic interests supporting the Belt and Road Initiative. Applying the China-Pakistan Economic Corridor (CPEC) as an analysis determines the circumstances under which Chinese investors may have started speculation adjudication but chose not to. The failure of the investment covenant's human rights orientation to take a variety of project enterprise interests into account explains this. Investor protection instead comes from alternative home country intervention strategies like publicly sponsored political menace insurance. Put another way, political economics related to CPEC speculations rejects the use of strict legal frameworks. In this situation, mediation might be a good substitute. These conditions hasten the delegalization tendency, often attributed to factors other than public safety but frequently mentioned as an unavoidable by product of the advance geopolitical objectives.

The Shadow Side of Aid: When Assistance Veers into Indirect Force

Meika Atkins, Melanie O Brien, Hobashia Saleem — Fri, 29 Sep 2023 00:00:00 +0000

This research article explores the concept of indirect application of force in international law, focusing on situations where one state aids or supports another state in using force against a third state. The analysis is grounded in Article 2(4) of the United Nations Charter and principles of state responsibility, particularly examining the threshold at which supporting another state's use of force constitutes an indirect application of force by the aiding state. The study reviews legal frameworks, including the International Law Commission's Principles on the Responsibility of States, United Nations General Assembly resolutions, and relevant international jurisprudence.

The article discusses various perspectives on the distinction between complicity and joint responsibility in the context of aiding aggression, highlighting factors such as the nature of assistance, direct nexus to the use of force, intent, and the quality of the contribution. It also presents case studies, including military aid to Ukraine amid the Russia-Ukraine conflict, to illustrate the complexities and implications of the indirect application of force.

Key findings suggest that while providing support or assistance alone may not constitute an indirect use of force, significant contributions that directly impact the supported state's use of force could lead to joint responsibility under international law. The article concludes by emphasizing the importance of clarifying legal standards and thresholds for determining the indirect application of force to uphold international peace and security effectively

International Environmental Law and Multiculturalism: A Case Study on Critical Perspectives of Human and Non-Human Relations

Wed, 27 Sep 2023 00:00:00 +0000

International environmental law is anthropocentric and has an economic orientation; it has made significant progress in handling humans' exploitative and destructive relationship with nature. This research examines alternative concepts of international environmental law and how and whether they are possible by combining many viewpoints on the interaction between humans and nature. The paper addresses the benefits and importance of local lifestyle in international environmental legislation by focusing on Eduardo Castro's idea of multilateralism. Different types of lives have different relationships with nature as well as different concepts of it. The methodological move is necessary to investigate the reality of types of life that contradict the conventional Western understanding of nature and culture. This approach has the power to shift international environmental law behind anthropocentrism and provide solutions for resolving the conflict between developmental concerns regarding ecological conservation and the long-term survival of species.