25 research outputs found
Interaction between the resolutions of the Security Council and the European Convention on Human Rights
Il rapporto della Fundamental Rights Agency sulle istituzioni nazionali per i diritti umani e le prospettive per un’istituzione italiana
Promoting the Execution of Judgments of the European Court of Human Rights: The (Potential) Role of National Human Rights Institutions
The acknowledgment that the European Court of Human Rights (ECtHR) and the Committee of Ministers are flooded with repetitive cases has brought increasing attention to the issue of full and timely execution of the Court’s judgments. Efforts have been made to render the system of supervision of the execution more transparent, independent, and participatory. The involvement of actors other than the intergovernmental Committee of Ministers appears particularly significant. This dissertation focuses on specific entities that, while somewhat neglected in the literature, would seem to be ideally situated to promote the execution of ECtHR judgments – i.e., National Human Rights Institutions (NHRIs), which are commonly portrayed as “bridges” between the State and civil society, and between the national and international levels.
The dissertation provides a comprehensive examination of the current level of engagement by NHRIs with the Committee of Ministers for furthering the execution of ECtHR judgments. Participating NHRIs have generally provided detailed information on the state of legislation, administrative practice, and case-law in their respective countries, and they have proposed measures to prevent future human rights violations. Nonetheless, the findings show that a relatively low number of NHRIs have submitted communications to the Committee of Ministers to date and that the impact of these communications on the actions undertaken by States and the decisions adopted by the Committee of Ministers is often difficult to assess. The activities carried out by NHRIs at the domestic level to encourage the execution of ECtHR judgments are also systematically identified with a view to illustrating the multifarious ways in which NHRIs can contribute to the execution process.
On the basis of these findings, the dissertation highlights and accounts for the unfulfilled potential of NHRIs in promoting the execution of ECtHR judgments; it further puts forward proposals to strengthen the involvement of NHRIs in the process
What Role for Human Rights in the International Climate Change Regime? The Paris Rulebook Between Missed and Future Opportunities
CBRN Events and International Environmental Law: From Fragmentation to Mutual Supportiveness and Coordination
Land, Natural Resources, and Environmental Protection in the Juba Peace Agreement
That competition over degrading land and shrinking
natural resources—exacerbated by climate change—has played
a role in Sudan’s and Darfur’s conflicts is widely accepted, even
though assessments differ as to the extent of such a role. The Juba
Peace Agreement (JPA) reflects this reality by devoting considerable space to issues such as land possession, cooperation between
herders and farmers, sustainable management of natural
resources, and environmental protection. Accordingly, this article
analyzes the provisions of the JPA that are concerned with land and environment-related aspects; and it gives a preliminary
assessment of their implementation. The article concludes that
while the JPA shows considerable awareness of the critical role
that the protection of the environment and sound management
of natural resources can play in building more peaceful societies,
the implementation of the relevant provisions is currently very
limited. A bottom-up approach, which genuinely involves all
Sudan’s regions and sectors of society, appears indispensable for
the effective implementation of the provisions in question and for
sustainable peace in Sudan