Inadequate integration of human rights law – the need for additional risk management

The risks associated with financing projects can vary significantly according to the geographical location of the project. While many projects that the banks are asked to consider financing are in compliance with national legislation and permit requirements, they may fall short of international standards and best practice. A detailed understanding of the project’s political and legal framework is required in order to judge the extent to which national requirements meet the risk management needs of international financial organisations.

Use, misuse and abuse of human rights rhetoric: the case of Serbia

National application of human rights law is one of the most important tests of its efficacy. This article examines the integration of international human rights law into Serbia’s legal system. The paper argues that the use of human rights language does not necessarily indicate the proper and correct use of human rights norms

The paper covers the following:

  • an overview on the intersection of international and national law with special reference to Serbia and Montenegro
  • the existing legal framework for the integration of international human rights law
  • an examination of the propriety of human rights law language discourse
  • a discussion on the separation of the executive and the judiciary

The paper makes the following conclusions:

  • the legislative framework in Serbia favours the integration of human rights law
  • despite some successes there some legislative acts and a lack of human right jurisprudence indicates that international human rights law has not been properly integrated into the legal system
  • there has been a misuse of human rights law and clash between judicial and political discourse on human rights
  • the inadequate training of the judiciary has led to judicial deference to the executive branch of government.
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