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74 results

Page 1 of 4

  • Res. 2664 (U.N.S.C.) and Res. 52/13 (U.N.H.R.C.)

  • Dinah Shelton
  • Journal:
    International Legal Materials / Volume 63 / Issue 1 / February 2024
    Published online by Cambridge University Press:
    14 September 2023, pp. 65-77
    Print publication:
    February 2024
    • Article
      • You have access
      • Open access
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  • Under Article 41 of the UN Charter, the Security Council has established 31 sanctions regimes since 1966. Sanctions measures encompass a broad range of enforcement actions not involving the use of armed force. The measures have ranged from comprehensive economic and trade sanctions to more targeted measures such as arms embargoes, travel bans, and financial or commodity restrictions. In recent years, there have been increasing numbers of complaints from humanitarian organizations that sanctions cause or exacerbate humanitarian crises. The UN Office for the Coordination of Humanitarian Affairs (OCHA) has estimated that at least 222 million people were experiencing acute food insecurity at the end of 2022, the largest global food crisis in modern history. At the same time, the countries that need the most assistance are often subject to international sanctions regimes. As of March 2023, UN sanctions applied in nine of the top ten operations of the International Committee of the Red Cross.

  • 16 - The Rights of Indigenous Peoples

  • from Rights of Indigenous Peoples
  • Edited by Andreas von Arnauld, Christian-Albrechts Universität zu Kiel, Germany, Kerstin von der Decken, Christian-Albrechts Universität zu Kiel, Germany, Mart Susi
  • Book:
    The Cambridge Handbook of New Human Rights
    Published online:
    04 January 2020
    Print publication:
    02 January 2020, pp 217-232

  • Summary

    An estimated 370 million indigenous people live in more than half the countries of the world, often inhabiting vulnerable ecosystems rich in resources. European colonisation decimated indigenous populations and resulted in extensive forced dispossession of indigenous ancestral lands. Remaining indigenous territories are now being taken or transformed by governments and private investors seeking to extract or convert natural resources to supply growing global demand. Instances of coerced assimilation, conflict, removal and even genocide continue to occur.

Environmental Rights
  • The Development of Standards
  • Edited by Stephen J. Turner, Dinah L. Shelton, Jona Razzaque, Owen McIntyre, James R. May
  • Published online:
    09 May 2019
    Print publication:
    23 May 2019
  • Environmental rights, also known as the human rights or constitutional rights that are used for the protection of the environment, have proliferated over the last forty-five years. However, the precise levels of protection that they represent has since been a major question associated with this phenomenon. Environmental Rights: The Development of Standards systematically investigates this question by analyzing the emerging standards of environmental protection that are associated with such rights and the way that those associations are becoming formalized. It covers all of the relevant human rights treaties to illustrate how environmental rights standards are emerging in this dynamic area. Bringing together an elite group of scholars, this book discusses significant new insights into the way that environmental rights are developing, the standards of protection that they confer, and the way that standards in the field of environmental rights can potentially be further developed in the future.

  • 6 - Complexities and Uncertainties in Matters of Human Rights and the Environment

  • Edited by John H. Knox, Wake Forest University, North Carolina, Ramin Pejan
  • Book:
    The Human Right to a Healthy Environment
    Published online:
    08 June 2018
    Print publication:
    28 June 2018, pp 97-121

  • Summary

    This chapter examines some of the key issues judges must face in cases involving allegations that governmental action or inaction has caused environmental harm that, in turn, infringes or threatens the full enjoyment of human rights. Drawing on cases from the International Court of Justice, regional tribunals, and domestic courts, it addresses a range of overarching issues in cases concerning the environment and human rights, including challenges to the admissibility of claims, the impact of scientific uncertainty, the burden of proof, the degree of deference owed to the government, and the application of legal principles such as the precautionary principle. The chapter makes clear that while there are valid reasons to support judicial deference to legislative decisions in environmental matters, a rights-based perspective emphasizes that judicial oversight is necessary to protect the rights of those in marginalized and minority communities, who often bear a disproportionate burden of environmental harm.

  • Dominion and Stewardship

  • Part of
  • Dinah Shelton
  • Journal:
    AJIL Unbound / Volume 109 / 2015
    Published online by Cambridge University Press:
    20 January 2017, pp. 132-135
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  • The Encyclical Letter of Pope Francis centers on an interpretation of Biblical texts that establishes human power over other creatures and the right to beneficial use of them, imposing a type of guardianship or a trust, not a right of ownership. The Pope emphasizes that message he presents is intended to be a universal one, not limited to all Catholics or even all Christians, but to “every person living on this planet.” The encyclical begins by reviewing several aspects of the present ecological crisis, then considers some principles drawn from the Judaeo-Christian tradition which can render commitment to the environment more coherent.

  • Konaté v. Burkina Faso

  • Dinah Shelton
  • Journal:
    American Journal of International Law / Volume 109 / Issue 3 / July 2015
    Published online by Cambridge University Press:
    20 January 2017, pp. 630-636
    Print publication:
    July 2015

  • In only its second merits judgment, the African Court on Human and Peoples’ Rights (Court) placed strict limits on penalizing expression, especially that of journalists, in states party to the African Charter on Human and Peoples Rights (African Charter). In doing so, the African Court narrowly interpreted the often-criticized “clawback clauses” in the African Charter and relied instead on the tests of necessity, proportionality, and legitimate aim applied by other human rights tribunals to determine the legality of restrictions on rights.

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