Suchergebnisse

AbstractThis case note discusses the role of the International Court of Justice (ICJ) in the protection of cultural heritage. Of particular relevance in this vein is the cultural heritage dimension of the International Convention on the Elimination of All Forms of Racial Discrimination and its interpretation by the ICJ in its provisional measures order of 7 December 2021 in the proceedings on the Application of the International Convention on the Elimination of all Forms of Racial Discrimination (Armenia v. Azerbaijan). In this order, the ICJ indicated provisional measures to protect the cultural heritage of minorities and their right to equal participation in cultural activities. Looking ahead, the case note briefly elaborates on the potential implications of this order and the proceedings for the broader debate on the human right to cultural heritage.

On November 8, 2019, the International Court of Justice (ICJ) delivered a highly anticipated judgment on the preliminary objections raised by the Russian Federation with respect to the lack of the Court's jurisdiction over the claims brought by Ukraine under the Convention on the Elimination of All Forms of Racial Discrimination (CERD) and the International Convention for the Suppression of the Financing of Terrorism (ICSFT). The Court overwhelmingly rejected all of Russia's preliminary objections under both Conventions and confirmed the admissibility of Ukraine's claims under the CERD. Therefore, Ukraine's case will be heard on the merits in its entirety.

ABSTRACT The Corona Virus desease (covid-19) pandemic has not only caused health problems, buta also social problems as affactor in the emergence of racial discrimination in today's world. Racial discrimination during COVID-19 was experienced by those of Asian descent who were discriminated against by Americans and Europeans. Problems: (1) what is the form of racial discrimination according to the International Convention on the Elimination of All Forms of Racial Discrimination 1965? (2) How is the juridical analysis of racial discrimination cases by Americans and Europeans against Asian races during the covid-19 pandemic? This research uses normative research methods with data sources fromm books,literature, laws and regulations and international conventions. Using literature study techniques and analyzed by qualitative analysis methods. The results of the study: (1) The forms of racial discrimination in the International Convention on the Eliminationmof All Forms of Racial Discrimination 1965 consist of restrictions, distinctions, exclusion, incitement and propaganda or spreading the theory of hate against race (2) The discovery of cases of discrimination racial discrimination carried out by America and Europe against the Asian race during the covid-19 pandemic, aimed at those of Asian descent with various forms of discrimination that violate the contents of the articles of association. articles of the convention

Shipping list no.: 94-0281-P. ; Distributed to some depository libraries in microfiche. ; Includes bibliographical references. ; Mode of access: Internet.

Engl. Zsfassung u.d.T.: The meaning of article 5(f) of the international convention on the elimination of all forms of racial discrimination under German law. Discrimination by private actors through denial of access to restaurants and bars

Racial discrimination is a controversial subject in society and in contemporary international law. Nonetheless, the prohibition of racial discrimination has been universally accepted and States should do everything to prevent racial discrimination. Although protection therefrom cannot be explicitly found in fundamental human rights instruments such as the Universal Declaration of Human Rights, the International Social and Cultural Rights, these documents do, however, include the broader concept of equality and non-discrimination. Nevertheless, a more specific binding legal document exists that addresses racial discrimination, namely the International Convention on the Elimination of All Forms of Racial Discrimination. This document sets out the legal framework of racial discrimination and special measures (measures that eliminate racial discrimination). Racial discrimination concerns a certain act under certain conditions that nullifies or impairs the exercise or enjoyment of human rights and fundamental freedoms. Special measures are also known as affirmative action or positive discrimination and include a wide span of instruments, but need to be legitimate, necessary, appropriate, temporary, and respect the principles of fairness and proportionality. Although special measures do not constitute racial discrimination, they are no exception to racial discrimination. Instead, they are an integral part of the concept of eliminating discrimination and achieving equality. Thus, before one can consider a measure as a special measure, there needs to be racial discrimination. If that is the case, then the State is obliged to take special measures to protect those who need protection from racial discrimination. The Convention is very clear about the legal framework of racial discrimination and special measures. This article applies this legal framework to the current situation in Yogyakarta, Indonesia – where non-native Indonesian citizens cannot own land due to local government rules. When doing this, one can conclude ...