Enforcement : the key human rights challenge
Although numerous proposals of how to go about enforcing international human rights have been proposed in academic writings, the truth is that State sovereignty is still the main pillar of the international system. The natural consequence is the primacy of domestic enforcement. International enforce...
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| Format: | Book Chapter |
| Language: | English |
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Sweet and Maxwell Asia
2012
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| Online Access: | http://irep.iium.edu.my/27412/1/Human_right_law_Enforcement.pdf |
| _version_ | 1825646990237630464 |
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| author | Hamid, Abdul Ghafur@Khin Maung Sein |
| author_facet | Hamid, Abdul Ghafur@Khin Maung Sein |
| author_sort | Hamid, Abdul Ghafur@Khin Maung Sein |
| collection | IIUM |
| description | Although numerous proposals of how to go about enforcing international human rights have been proposed in academic writings, the truth is that State sovereignty is still the main pillar of the international system. The natural consequence is the primacy of domestic enforcement. International enforcement, which is merely supplementary, is rather weak at the universal level and it almost exclusively has to rely on monitoring rather than enforcement mechanisms. At the regional level, the European Court of Human rights has been a success story. However, we can see hopeless failures in regions like Asia. Another interesting question is whether there is a possibility of coercive enforcement of human rights. Although human rights can be enforced coercively under certain circumstances, there are limitations and the effectiveness of the enforcement depends entirely on the will of the enforcement organs like the Security Council of the United Nations. |
| first_indexed | 2024-03-05T23:10:55Z |
| format | Book Chapter |
| id | oai:generic.eprints.org:27412 |
| institution | International Islamic University Malaysia |
| language | English |
| last_indexed | 2024-03-05T23:10:55Z |
| publishDate | 2012 |
| publisher | Sweet and Maxwell Asia |
| record_format | dspace |
| spelling | oai:generic.eprints.org:274122023-03-28T07:46:08Z http://irep.iium.edu.my/27412/ Enforcement : the key human rights challenge Hamid, Abdul Ghafur@Khin Maung Sein JX International law K Law (General) Although numerous proposals of how to go about enforcing international human rights have been proposed in academic writings, the truth is that State sovereignty is still the main pillar of the international system. The natural consequence is the primacy of domestic enforcement. International enforcement, which is merely supplementary, is rather weak at the universal level and it almost exclusively has to rely on monitoring rather than enforcement mechanisms. At the regional level, the European Court of Human rights has been a success story. However, we can see hopeless failures in regions like Asia. Another interesting question is whether there is a possibility of coercive enforcement of human rights. Although human rights can be enforced coercively under certain circumstances, there are limitations and the effectiveness of the enforcement depends entirely on the will of the enforcement organs like the Security Council of the United Nations. Sweet and Maxwell Asia 2012-02 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/27412/1/Human_right_law_Enforcement.pdf Hamid, Abdul Ghafur@Khin Maung Sein (2012) Enforcement : the key human rights challenge. In: Human rights law: international, Malaysian and Islamic perspectives. Sweet and Maxwell Asia, Petaling jaya, Malaysia, pp. 37-56. ISBN 978-967-5040-87-0 http://www.sweetandmaxwellasia.com.my |
| spellingShingle | JX International law K Law (General) Hamid, Abdul Ghafur@Khin Maung Sein Enforcement : the key human rights challenge |
| title | Enforcement : the key human rights challenge |
| title_full | Enforcement : the key human rights challenge |
| title_fullStr | Enforcement : the key human rights challenge |
| title_full_unstemmed | Enforcement : the key human rights challenge |
| title_short | Enforcement : the key human rights challenge |
| title_sort | enforcement the key human rights challenge |
| topic | JX International law K Law (General) |
| url | http://irep.iium.edu.my/27412/1/Human_right_law_Enforcement.pdf |
| work_keys_str_mv | AT hamidabdulghafurkhinmaungsein enforcementthekeyhumanrightschallenge |