Public Policy and Human Rights
The human being at international law is collectively referred to as “humankind” encompassing all members of the human species as a whole, and it is in this context that the aviation perspective should look at the people affected by it both as a whole and in the singular context of the passenger carried by air. The Universal Declaration of Human Rights of the United Nations recognizes the inherent dignity and of the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world, and provides that everyone has the right to freedom of movement and residence within the borders of each state and everyone has the right to leave any country, including his own, and to return to his country. The Declaration also provides that everyone has the right to life, liberty and security of person, implying that such rights should not be arbitrarily taken away by any means.
Enforcement Mechanisms In International Law And International Environmental Law
Multilateral environmental agreements (MEAs) illustrate the maturation and sophistication of international environmental law. If anything, the diversity and flexibility of compliance approaches under MEAs highlight the limited purchase of simple dichotomies such as "binding vs. non-binding" or "enforcement vs. ineffectiveness". This chapter begins by exploring the concept of "enforcement" in international law in general. It suggests that a concept of enforcement as imposition of legal sanctions, or penalties, is unduly narrow. The chapter then canvasses some of the main theoretical assumptions about international law and compliance. An exploration of this theoretical context illuminates the reasons underlying common misconceptions about international law and its enforcement, and helps put in perspective the evolution of approaches to compliance in international environmental law. Finally, against the backdrop of these general considerations, the chapter examines key features of the approaches to compliance and enforcement in international environmental law and MEAs. Keywords: enforcement; international environmental law; international law; multilateral environmental agreements (MEAs); treaty compliance
Enforcement and the Success of International Environmental Law
Professor O'Connell discusses the tradtional methods used for international law "enforcement, " and she argues that international law is generally obeyed. Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement; however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. She notes that, to this end, progress has been made in the area of human rights, especially with respect to war crimes. The author concludes by asserting that, because domestic courts have control over persons and assets, the need for "borrowing" the forum of domestic courts will increase as environmental rules become more directed at those individuals.