International Responsibility for Violations of the Rights of Foreigners under International Human Rights Law
An Analytical Study of Legal Mechanisms and Practical Challenges
DOI:
https://doi.org/10.35246/fsz8s529Keywords:
International Responsibility, Foreigners' Rights, International Law, Legal mechanismsAbstract
This research addresses the issue of international responsibility for violations of foreigners' rights within the framework of international law, examining the legal and theoretical framework of this responsibility. The research begins by clarifying the nature of international responsibility, its concept, and distinctive characteristics, then traces the historical development of this concept in the field of protecting foreigners' rights. It also reviews the legal basis for international responsibility and the necessary conditions for its emergence in cases of violations of foreigners' rights.
The research then moves on to study the mechanisms for implementing international responsibility, classifying them into diplomatic and political mechanisms as well as judicial and supervisory ones, explaining how these mechanisms work and their effectiveness. The research dedicates an important section to discussing the challenges facing the application of international responsibility, including both legal and procedural challenges, as well as contemporary challenges resulting from accelerating global developments such as globalization, technological advancement, and armed conflicts.
The research concludes by emphasizing the importance of developing a more effective international legal system to protect foreigners' rights, and the necessity of strengthening accountability mechanisms at the international level to ensure justice and reinforce respect for human rights regardless of nationality, thereby contributing to stability and peaceful coexistence between nations.
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References
First: Books
1. Russell, Stuart J., & Norvig, Peter (2021). Artificial Intelligence: A Modern Approach (4th ed.). Pearson, New York.
2. Goodfellow, Ian, Bengio, Yoshua, & Courville, Aaron (2016). Deep Learning. MIT Press, Cambridge, MA.
3. Nilsson, Nils J. (2014). Principles of Artificial Intelligence. Morgan Kaufmann, Burlington, MA.
4. Russell, Stuart J. (2019). Human Compatible: Artificial Intelligence and the Problem of Control. Viking, New York.
5. Chollet, François (2021). Deep Learning with Python (2nd ed.). Manning Publications, Shelter Island, NY.
6. Marr, Bernard (2020). Artificial Intelligence in Practice: How 50 Successful Companies Used AI and Machine Learning to Solve Problems. Wiley, Hoboken, NJ.
7. Bostrom, Nick (2014). Superintelligence: Paths, Dangers, Strategies. Oxford University Press, Oxford.
8. Mitchell, Melanie (2019). Artificial Intelligence: A Guide for Thinking Humans. Farrar, Straus and Giroux, New York.
9. Domingos, Pedro (2015). The Master Algorithm: How the Quest for the Ultimate Learning Machine Will Remake Our World. Basic Books, New York.
10. Brynjolfsson, Erik, & McAfee, Andrew (2017). Machine, Platform, Crowd: Harnessing Our Digital Future. W.W. Norton & Company, New York.
11. Crawford, J. (2013). State Responsibility: The General Part. Cambridge University Press, Cambridge.
12. Brierly, J.L. (2012). The Law of Nations: An Introduction to the International Law of Peace. Oxford University Press, Oxford.
13. Delbruck, K. (2008). International Responsibility and Risk Activities: Protecting Individuals under International Law. Brill, Leiden.
14. Brownlie, I. (2008). Principles of Public International Law. Oxford University Press, Oxford.
15. Alston, P., & Goodman, R. (2013). International Human Rights. Oxford University Press, Oxford.
16. Monnheimer, M. (2021). Establishing State Responsibility for Human Rights Violations: Proposal for a Conduct Based Typology of Human Rights Obligations. In Due Diligence Obligations in International Human Rights Law. Cambridge University Press. Available at: https://www.cambridge.org/core/books/due-diligence-obligations-in-international-hu
Second: Theses and Dissertations
1. Al-Mutairi, Ghnim Qanas (2010). Mechanisms for the Implementation of International Humanitarian Law. Master’s Thesis, Middle East University, Faculty of Law, Jordan. Available at: https://meu.edu.jo/libraryTheses/58bbd10d360a9_1.pdf
Third: Research and Conferences / Journals
1. Kaplan, Andreas, & Haenlein, Michael (2019). Siri, Siri, in my hand: Who’s the fairest in the land? On the interpretations, illustrations, and implications of artificial intelligence. Business Horizons, 62(1), 15–25.
2. Jordan, Michael I., & Mitchell, Tom M. (2015). Machine learning: Trends, perspectives, and prospects. Science, 349(6245), 255–260.
3. Haenlein, Michael, & Kaplan, Andreas (2021). Artificial intelligence and robotics: Shaking up the business world and society at large. Journal of Business Research, 129, 902–911.
4. Al-Jundi, Ghassan (2019). Mechanisms for the Implementation of International Responsibility in Contemporary International Law. Journal of Legal and Political Sciences, 8(2), 124–152.
5. Al-Sharqawi, Saeed (2021). Contemporary Challenges of International Responsibility in Light of Global Changes. Journal of Law, Kuwait University, 45(3), 211–248.
6. Al-Anani, Ibrahim (2022). The Role of the Judiciary in the Implementation of International Responsibility. Egyptian Journal of International Law, 78(2), 37–69.
7. Al-Qudah, Mohammed (2019). Legal and Procedural Challenges of International Responsibility. Dirasat Journal, 46(3), 87–112.
8. Al-Mashat, Abdel Moneim (2009). International Law and Sovereignty: The Problem of Humanitarian Intervention. International Politics Journal, (176). Cairo: Al-Ahram Center for Studies.
9. Awad, Mona Abdullah (2018). International Guarantees for the Protection of Foreigners during Armed Conflicts. University of Sharjah Journal of Legal Sciences, 15(1), 203–221.
10. Al-Ghawari, Zayed Ali. International and National Mechanisms for the Protection of Foreigners’ Rights. Journal of International Legal Sciences. Available at: https://mjle.journals.ekb.eg/article_339997_500791fddc9286ce76fc95c8be83e6e8.pdf
Fourth: Legislation
A. Laws
United Nations International Law Commission (2001). Draft Articles on
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