THE FUTURE OF HUMAN RIGHTS TOWARDS A WORLD COURT OF HUMAN RIGHTS: REASONS FOR THE ESTABLISHMENT
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2017, Vol 9, Issue 11
Abstract
The founding of the United Nations in 1945, with the promotion of universal observance of human rights as a principle objective under its Charter, launched an era of international human rights institution-building and standard-setting. Despite the existence of a considerable number of human rights treaties elaborated on the international and regional level, one of the main challenges is the large implementation gap between the “high aspirations and the sobering realities on the ground”. On the one hand, many national systems do not provide access to effective domestic protection systems for human rights; on the other hand, the UN system still lacks an effective judicial mechanism responsible for the implementation of these rights. Even where States have given their consent to be bound by a human rights treaty, there are failures in compliance. Non-enforcement is a major failure of the United Nations human rights treaty system. However, the promise of universal human rights protection is not likely to be fulfilled unless and until victims of human rights violations are able to have access to effective remedies at both the national and international levels. The World Court of Human Rights should be a permanent court established by a multilateral treaty under the auspices of the United Nations. The Court would exercise jurisdiction not only in respect of States but also in respect of a wide range of other actors, jointly referred to as 'Entities' in the Draft Statute. They would include intergovernmental organizations, transnational corporations, and other non-state actors. The article will try to answer three questions. First, whether a World Court for Human Rights would be desirable. Second, whether there is a need for such a court and third, whether there is a reasonable chance of actually realizing the plan, taking into account the most important challenges of the 21st century.
Authors and Affiliations
Elena ANDREEVSKA
Keywords
Related Articles
- EP ID EP297475
- DOI -
- Views 159
- Downloads 0
STUDY ON THE OBJECTIVE NOVATION OF AN OBLIGATION
In view of the fact that there is no consensus among the authors not only with regard to the precise nature, but also with regard to the unitary or dual character of the effects stemming from novation, we have decided to...
ECONOMIC, SOCIAL AND POLITICAL REALITIES AND PERSPECTIVES IN THE UNSTABLE EUROPEAN CONTEXT
After a complex year, with deep trends of geopolitical changes, the new year 2019 promises to be full of events in what concerns the social, economic, political and even geostrategic area. The key events of last year (th...
THE AUTHOR(S) OF THE PHD THESIS AND HIS/THEIR MORAL RIGHTS. JOINT LIABILITY OF THE PHD CANDIDATE AND OF THE PHD SUPERVISOR FOR THE OBSERVANCE OF THE ETHICS AND DEONTOLOGY RULES
In the first part, this study proposes an analysis of the phrase “Author(s) of the PhD thesis” by reference to the principle The real author of the PhD thesis and the moral rights of the author of a scientific work provi...
CONSIDERATIONS ON THE CALCULATION OF DAMAGES IN INTELLECTUAL PROPERTY INFRINGEMENT CASES. RIGHT HOLDER’S LOSS AND UNFAIR PROFITS OF THE INFRINGER. CUMULATION
This short article deals with a specific problem of interpretation of Romanian law on the enforcement of IP rights, namely the possibility of having the court set damages to the right holder by taking into account both t...
RULINGS OF THE NATIONAL COURTS FOLLOWING THE CURIA DECISION IN CASE C-186/16, ANDRICIUC AND OTHERS VS BANCA ROMANEASCA
The CJEU's judgment in Andriciuc and Others vs Banca Românească Case C-186/16 that came in September 2017 is an addition to a growing body of case law on procedural obstacles to consumer protection under Directive 93/13/...