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Revue québécoise de droit international
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27 pages
1 file
An Arab human rights system remains relatively underdeveloped to this day. On September 7th 2014, the League of Arab States approved the Statute of the Arab Court of Human Rights (ACtHR) finalizing a twenty-year process to put in place a human rights mechanism resembling those operating in other regions such as Europe and the Americas. The focus of this article is on the Statute, but in view of the fact that the ACtHR’s jurisdiction is fundamentally limited to interstate cases concerning the application and interpretation of the Arab Charter on Human Rights of 2004 (2004 Charter), the 2004 Charter, revising the defunct Arab Charter on Human Rights of 1994, is briefly examined and, while progressive in parts, it is found to be imperfect in many ways. The mandate of the Arab Human Rights Committee established thereunder is looked into but its role is found to be extremely limited. The article proceeds to analyze the salient features of the Statute, which was concluded independently of...
Human Rights Law Review, 2005
This first article came shortly after the adoption of the Arab Charter on Human Rights. It provides background to the development of the Charter. It analyses the Charter from the perspective of international human rights law, and assess whether this regional instrument is a step forward or backward.
Revue quebecoise de droit international, 2016
A first analysis at the Arab Court of Human Rights with references to its weak points
1999
The present thesis deals with the projected Arab Court of Justice (ACJ) as a regional court, expected to be created within the League of Arab States system. Chapter one deals mainly with the basic structure of the League of Arab States itself, its membership, its organs, the settlement of disputes, and the reasons that are delaying the creation of the ACJ and the role it will be expected to play in settling inter-Arab disputes. In the second chapter comprehensive information on the function of the judicial power in Islamic Shariah is presented, including the status of judges in Islam, their appointment, qualifications, independence and other issues related to them. Chapter three concentrates on the organisation of the projected ACJ, comparing its draft Statute with the Statute of the International Court of Justice (ICJ) and other regional international courts. The chapter will also show how far the Arab draftsmen have been influenced by principles and rules of Islamic Shariah, espec...
Cardozo International Comparative, Policy & Ethics Law Review, 2020
This paper explores the extent to which the hypothesis of a ‘human rights trend’ in the six Gulf Arab States is valid. In order to do this, firstly, it examines these States’ attitude to international human rights instruments. Secondly, drawing from their ‘Visions’ for the future, it identifies examples of reforms, local policies and ‘best practices’. The paper draws from various examples, focusing however on Qatar and the Kingdom of Saudi Arabia. The paper makes two main submissions. It submits that there is indeed a ‘shift’ towards a model of better human rights compliance, yet this trend is detectable in these States’ local policies, and not in their international commitments. The paper concludes that in order to achieve sustainable economic growth and meaningful collaboration with other States at the global level, it is in the interest of those States’ and their future generations to take human rights seriously.
Pace International Law Review, 1998
The League of Arab States - Human Rights Standards and Mechanisms , 2015
The manual explains the structure of the League of Arab States and focuses on its standards and mechanisms. While some information exists on the Arab League, it is fragmented and often not easily accessible. It is not concentrated in a resource like this, where civil society engagement frames the purpose of the information illustrated by case studies from prominent organizations.
One of the vital ways to keep human rights safe is by preserving the prevailing role of the judiciary. Standards developed by the judiciary have a significant beneficial effect of making the lives of people better and the accomplishment of the government's goals easier. In addition, these standards may ensure a better understanding of the relationship between the people and their government, on the one hand, and among the members of the international community, on the other. Moreover, major countries, such as the United States, have a great responsibility, by virtue of their international weight and technological advancement, to help promote human rights. The major countries should play an active role, especially in situations where the people of the Middle East are willing to contribute to the development of human rights and to show that they have serious intentions to spread peace and stability.
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