Article 19: Freedom of Expression

This article examines the way in which we should make sense of, and respond to, the democratic deficit that results from global governance through international law following the partial collapse of the Westphalian political settlement. The objective is to evaluate the possibilities of applying the idea of deliberative (‘democratic’) legitimacy to the various and diverse systems of law. The model developed at the level of the state is imperfectly applied to the inter-state system and the legislative activities of non-state actors. Further, regulation by non-state actors through international law implies the exercise of legitimate authority, which depends on the introduction of democratic procedures to determine the right reasons that apply to subjects of authority regimes. In the absence of legitimate authority, non-state actors cannot legislate international law norms. The article concludes with some observations on the problems for the practice of democracy in the counterfactual ideal circumstances in which a plurality of legal systems legislate conflicting democratic law norms and the implications of the analysis for the regulation of world society.

/pdf/a-democratic-rule-of-international-law-53lm5pz0ak.pdf

A Democratic Rule of International Law

This article examines the legacy of the ground-breaking judgment in Aydin v Turkey in which the European Court of Human Rights held that rape could constitute torture. Ten years on, it examines jurisprudential developments in the conceptualisation of torture in the specific context of the offence of rape. It is argued that while all rapes should be found to satisfy the minimum threshold for Article 3, rape does not per se satisfy the severity of harm criterion for torture. Nonetheless, where the severity of harm is established, the case is made that the purposive element of torture is satisfied in all cases of rape. Finally, in relation to the scope of State responsibility for rape, particularly by private individuals, the article suggests that while the Court's achievements in recognizing rape as a serious harm are considerable, there remain further avenues for jurisprudential development which would ensure that rape as a form of torture is recognized in a wider range of situations and circumstances than is currently the case.

/pdf/rape-torture-and-the-european-convention-on-human-rights-2x08x9rpd0.pdf

Rape, torture and the european convention on human rights

Freedom of Religion or Belief: An International Law Commentary

textArticle 20(2) of the un’s International Covenant on Civil and Political Rights (iccpr)
is an odd human rights clause. It provides that “[a]ny advocacy of national, racial or
religious hatred that constitutes incitement to discrimination, hostility or violence
shall be prohibited by law.” Accordingly, this provision does not appear to codify a
fundamental right but rather a sui generis state obligation. The present article aims
at providing a legal taxonomy of this international incitement clause, ultimately also
answering the question as to whether, despite its unique formulation as speech prohibition, it contains a justiciable right to protection from incitement.

/pdf/the-international-covenant-on-civil-and-political-rights-and-1nnz55oa32.pdf

The international covenant on civil and political rights and the "right to be protected against incitement"

Human Rights or Global Capitalism: The Limits of Privatization

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Article 19: Freedom of Expression

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References

A Democratic Rule of International Law

Rape, torture and the european convention on human rights

Freedom of Religion or Belief: An International Law Commentary

The international covenant on civil and political rights and the "right to be protected against incitement"

Human Rights or Global Capitalism: The Limits of Privatization

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