International System of Protection

International System of Protection

The resources on this Module highlight the many commonalities between the United Nations system of protection for freedom of expression, and the regional systems in Europe, Africa and the Americas. Readings focus on their birth and development, their main treaties and freedom of expression provisions, and their corresponding instruments of enforcement and accountability, primarily Courts.

9 items found, showing 1 - 9
Author: Columbia Global Freedom of Expression, Agnès Callamard
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In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard reviews the international context which presided over the development and adoption of the ICCPR, the International Covenant on Civil and Political Rights, and the various debates which characterized the drafting of the provision related to freedom of expression. Callamard also explains two additional institutions which have made the ICCPR a particularly important tool for the protection of human rights and freedom of expression in particular.

Catalina Botero: Role of the IACHR's Special Rapporteur for Freedom of Expression

Author: Columbia Global Freedom of Expression, Catalina Botero
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In this segment of the MOOC 'Freedom of Expression in the Age of Globalizationcreated by Columbia Global Freedom of Expression, Catalina Botero explains what is the role of the Special Rapporteur on Freedom of Expression in the defense of the freedom of expression in the Americas

Author: Columbia Global Freedom of Expression, Catalina Botero
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In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Catalina Botero gives a brief explanation of the Inter-American Human Rights System and mention some of the most emblematic freedom of expression cases of the Inter-American Court of Human Rights.

Author: Alexandra Huneeus
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“The power of the Inter-American Court of Human Rights (IACtHR) to shape government behavior varies greatly from country to country. All states subject to the Court’s jurisdiction accept its authority to adjudicate disputes, and all take at least some meaningful steps toward judgment compliance. […] But in some states the Court’s judgments play a far greater role: they are untethered from the particular dispute that gives rise to them and take on a life as law-like rules that guide the subsequent behavior of public actors and the outcomes of disputes that never reach the Court. In some states the Court’s judgments even come to shape policymaking and public debates, constraining the range of options that are put on the table […] This article demonstrates that variation of the Inter-American Court’s authority across states can be explained in great part by the practice of constitutional law in each state. This is not to say that differences in constitutional texts explain the variation. Rather, the article suggests that for the Court’s authority to expand beyond mere judgment compliance, two factors other than the black-letter law must be in place. The first factor is the presence of lawyers—be they scholars, judges, public-interest lawyers, or other practitioners—who adhere to and promote a particular vision of constitutional law as containing within it international human rights law. […] The second factor explaining this variation is that those who advance these ideas must have political impact at the national level: they must be able to forge alliances with legislative and executive reformers who adopt the movement’s vision of law and advance it as part of their own project of political reform.”

Alexandra Huneeus, Constitutional Lawyers and the Inter-American Court’s Varied Authority, 79 Law and Contemporary Problems 179-207 (2016) 
Available at: https://scholarship.law.duke.edu/lcp/vol79/iss1/7

Author: M.G. Wallace
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This article examines the constitutionality of Sedition Laws in the United States and its relation with the freedom of speech and expression. The author also provides an account of the historical underpinnings of Sedition Laws.

Wallace, M. G. "Constitutionality of Sedition Laws." Virginia Law Review 6, no. 6 (1920): 385-99. doi:10.2307/1064269.

Author: Columbia Global Freedom of Expression, Dirk Voorhoof
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In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, professor Dr. Dirk Voorhoof  from Ghent University, Belgium addresses how is freedom of speech, freedom of expression, guaranteed under the European human rights system

Author: Columbia Global Freedom of Expression, Agnès Callamard
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In this segment of the MOOC created by Columbia Global Freedom of Expression, Agnès Callamard focuses on a case from the European Court: Wegrzynowski and Smolczewski v. Poland

Author: Joshua Azriel
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This article, by looking back through almost the last 100 years of American history, shows that the current laws on sedition and free speech in the post-9/11 era parallel those adopted from two other time periods in American history, i.e. World War One and the Cold War. It also argues that changes in current sedition laws are not needed to fight the war on terrorism five years after the attacks on September 11, 2001.

Joshua Azriel, "Five Years after the 9/11 Terrorist Attacks: Are New Sedition Laws Needed to Capture Suspected Terrorists in the United States," Connecticut Public Interest Law Journal 6, no. 1 (2006-2007): 1-22

Author: Columbia Global Freedom of Expression
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Here you will find the Syllabus for the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression. This course will examine the norms, institutions and forces that altogether have founded a global system of protection for freedom of expression and information. The Foundational Course will include four main segments. It will first survey the thinking of 19th century and contemporary political theorists, Judges in the early years of the twentieth century, and economists to discover why freedom of expression and information matters, and the values and principles that are established through free speech. The second will review the emergence of an international system of protection for freedom of expression, including the international and regional institutions and standards, and the role of international courts. The third and fourth class will focus on the scope of freedom of expression and on its legitimate limits. We will provide answer two key questions: What kind of speech is protected under international standards? What kind of speech may be restricted by Governments and how can it be legally restricted?