Countermeasures for Human Rights Obligations
In the absence of a fully organized super-State in the field of international relations, it is recognized that the injured State may take countermeasures in response to a breach of an international obligation. However, the scope and the circumstances of resort to countermeasures are not unlimited, e...
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Format: | Article |
Language: | fas |
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Allameh Tabataba'i University Press
2017-12-01
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Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
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Online Access: | https://qjpl.atu.ac.ir/article_8086_e73147ef7f6e1fd1f39484868729d796.pdf |
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author | ali hasankhani Jamal Seifi |
author_facet | ali hasankhani Jamal Seifi |
author_sort | ali hasankhani |
collection | DOAJ |
description | In the absence of a fully organized super-State in the field of international relations, it is recognized that the injured State may take countermeasures in response to a breach of an international obligation. However, the scope and the circumstances of resort to countermeasures are not unlimited, especially when dealing with States which have violated their human-rights obligations. Human-rights obligations enjoy particular characteristics and are different from other obligations in certain respects among which are the object and purpose of the human-rights obligations. They are intended to facilitate the enjoyment of human-rights and freedoms by the human beings rather than the regulation of reciprocal inter-state relations. For these reasons, resort to countermeasures in the event of breach of human-rights obligations is either prohibited or it should be made in a manner which does not impair the full application and enforcement of the human-rights obligations. |
first_indexed | 2024-03-08T15:17:37Z |
format | Article |
id | doaj.art-ca1a57a786cf465e8c1e101ab3ed78c4 |
institution | Directory Open Access Journal |
issn | 2345-6116 2476-6216 |
language | fas |
last_indexed | 2024-03-08T15:17:37Z |
publishDate | 2017-12-01 |
publisher | Allameh Tabataba'i University Press |
record_format | Article |
series | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
spelling | doaj.art-ca1a57a786cf465e8c1e101ab3ed78c42024-01-10T10:50:46ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162017-12-011956345810.22054/qjpl.2017.11593.12688086Countermeasures for Human Rights Obligationsali hasankhani0Jamal Seifi1shahid beheshti universityShahid Beheshti University, Faculity of LawIn the absence of a fully organized super-State in the field of international relations, it is recognized that the injured State may take countermeasures in response to a breach of an international obligation. However, the scope and the circumstances of resort to countermeasures are not unlimited, especially when dealing with States which have violated their human-rights obligations. Human-rights obligations enjoy particular characteristics and are different from other obligations in certain respects among which are the object and purpose of the human-rights obligations. They are intended to facilitate the enjoyment of human-rights and freedoms by the human beings rather than the regulation of reciprocal inter-state relations. For these reasons, resort to countermeasures in the event of breach of human-rights obligations is either prohibited or it should be made in a manner which does not impair the full application and enforcement of the human-rights obligations.https://qjpl.atu.ac.ir/article_8086_e73147ef7f6e1fd1f39484868729d796.pdfkey words: countermeasureshuman rights obligationsself-contained regimesreciprocity of rights and dutiescollective interests |
spellingShingle | ali hasankhani Jamal Seifi Countermeasures for Human Rights Obligations Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī key words: countermeasures human rights obligations self-contained regimes reciprocity of rights and duties collective interests |
title | Countermeasures for Human Rights Obligations |
title_full | Countermeasures for Human Rights Obligations |
title_fullStr | Countermeasures for Human Rights Obligations |
title_full_unstemmed | Countermeasures for Human Rights Obligations |
title_short | Countermeasures for Human Rights Obligations |
title_sort | countermeasures for human rights obligations |
topic | key words: countermeasures human rights obligations self-contained regimes reciprocity of rights and duties collective interests |
url | https://qjpl.atu.ac.ir/article_8086_e73147ef7f6e1fd1f39484868729d796.pdf |
work_keys_str_mv | AT alihasankhani countermeasuresforhumanrightsobligations AT jamalseifi countermeasuresforhumanrightsobligations |