Filetype
This book emerged from an initiative to take the scholarly discussion on extraterritorial human rights a step further. The result is the first publication in the field that takes a point of departure in the standard legal building blocks of obligation, jurisdiction, causation, attribution and remedies, and it does so in the context of largely under-examined economic, social and cultural rights. Th
This chapter will explore how various forms of intelligence cooperation may constitute breaches of the substantive obligations of a state under international law (primary norms), and how both states – the one directly engaged in human rights violations and the other one providing some form of assistance through its intelligence agency – could be held to account by other states under international
Introduction The relationship between the right to freedom of expression and the prevention of terrorism is particularly fraught. On the one hand, in climates and contexts where there is a heightened risk of terrorist activities being perpetrated, States' authorities often argue that it is necessary to restrict freedom of expression. The reasons presented vary from the need to criminalize inciteme
Traditional characteristics of Nordic constitutionalism have been challenged increasingly, since the late 1980s, by tendencies toward rights-based constitutionalism. Reminiscent of several other theaters within the global constitutional arena, northern constitutionalism has also witnessed a clear shift from the legislative sovereignty paradigm to one in which legislative acts are increasingly subo
Introduction. There is no water-tight division between different categories of human rights. In particular, it is important to note that although the project of transforming the 1948 Universal Declaration of Human Rights into treaty form culminated in separate Covenants including, on the one hand, civil and political Rights and, on the other hand, economic, social and cultural Rights, it did not r
Introduction The Universal Declaration of Human Rights includes all categories of human rights in one and the same instrument. The same approach has been followed in many subsequent human rights treaties, including, for example, the Convention on the Rights of the Child (CRC) and the African Charter on Human and Peoples’ Rights (African Charter). However, the two Covenants of 1966 – the Internatio
This chapter describes access to justice before International Human Rights bodies, focusing on the UN Human Rights Committee and the European Court of Human Rights. It also discusses the two human rights treaties, the requirement of exhausting domestic remedies, and issues of standing before the Human Rights Committee (HRC) and the European Court of Human Rights. One dimension of the effectiveness
The rise of globalisation and the persistence of global poverty are straining the territorial paradigm of human rights. This book asks whether States possess extraterritorial obligations under existing international human rights law to respect and ensure economic, social and cultural rights and how far those duties extend. Taking a departure point in theory and practice, the book is the first of i
This chapter discusses the relationship between the Vienna Convention on the Law of Treaties (VCLT) and human rights treaties. It identifies alternative approaches in the issue and discusses their relative strengths and weaknesses. The positivist approach, the dogmatic approach, and the fragmentation approach to the relationship between the VCLT and human rights treaties were rejected. Instead, th
Scholars have identified challenges to protecting individuals from discrimination in contexts where organisations deploy artificial intelligence decision-making processes. While scholarship on 'digital discrimination' is growing, scholars have paid less attention to the impact of the use of artificial intelligence decision-making processes on persons with disabilities. This article posits that whi
This paper addresses the use of narrative in interdisciplinary professional education as a device for the reciprocal transfer of knowledge, insights, or methods between persons and knowledge domains, but also for their integration and transformation into burgeoning professional judgement. The paper considers an elective course for engineering students, in which emerging technology ethics are appro
The paper reports on preliminary findings from a case study of an autobiography-based course element included in the social work professional education program of a Swedish university. In the studied course element, the aim was for autobiographies to provide a platform and catalyst for student reflections on client perspectives as well as for reflexivity in relation to students’ own frames of refe
