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Human Rights and Climate Change

Protecting the Right to Life of Individuals of Present and Future Generations

Julie H. Albers

This article explores the opportunities to use international human rights law to protect one’s right to life against the effects of climate change. It discusses four legal avenues: greening the existing human rights paradigm, formulating a new substantive right to the environment, public interest litigation and intergenerational justice. This is illustrated with case law from the European Court of Human Rights and various national jurisdictions. The main finding is that the human rights system should become more open towards public interest litigation and intergenerational justice, complemented by a broadening of the standing requirements.

Alexey L. Lyzhenkov

Organized crime, along with terrorism, drugs, corruption and cyber-crime remain among the most significant threats to security and co-operation in the osce region. What has been achieved over these years and what else still needs to be done to ensure that organized crime does not hinder sustainable economic and social development in the area from Vancouver to Vladivostok?

To effectively defend the human rights of 1.2 billion people living in the region, the osce has to review its anti-crime toolbox from time to time, to strengthen its co-operation with other interested partners and to develop new mechanisms of co-operation among its 57 participating States. This article will focus on the ongoing efforts by the osce to combat organized crime through police co-operation.

Tofig F. Musayev and Rovshan Sadigbayli

The article reviews the purposes and principles of the u.n. Charter in light of persistent claims voiced in the context of protracted conflicts in the osce area that the principle of self-determination allegedly grants the right to unilateral secession. The drafting history of the Charter indicate that States did not recognise a right to unilateral secession of a part of population of a State as a means of exercising self-determination. Subsequent development of this principle in law and in practice in the decades after the adoption of the Charter to a large extent has been shaped by the original ideas and understanding that went into the Charter. Invalidation at the international level of secessionist claims and actions, collective non-recognition of the resulting situations and abstention from aid or assistance that contributes to their consolidation are among legal and political consequences that have been applied and need to be consistently maintained with regard to the protracted conflicts in the osce area and their settlement processes.

Francesca Capone

Violence against women (vaw) represents a phenomenon that over the past decade has reached an unprecedented level in Italy. As a result this topic has been included amongst the key issues addressed by the Independent Evaluation Report on the occasion of the Italian osce Chairmanship 2018. Relying and building on the study conducted by this author in order to contribute to the Report, the present article provides an overview of the key findings of the research, discussing how and to what extent Italy’s approach is in line with the osce commitments on vaw. This article aims at pointing out existing weaknesses and strengths of the Italian legal and policy framework as well as at identifying possible ways forward to bolster Italy’s compliance with the osce commitments and the existing international and regional standards.