J. Dylan van Houcke | Birkbeck College, University of London (original) (raw)
After completing an LL.B. at the University of Westminster and an LL.M. in human rights at Birkbeck, University of London Dylan undertook an LL.M. in public international law at Leiden University in the Netherlands. Upon completion he started working as a legal research assistant for the Co-Agent, and legal team, representing the Republic of Marshall Islands before the International Court of Justice in the cases on “Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament” against India, Pakistan and the United Kingdom. In the summer of 2015 he returned to Birkbeck to embark upon his MPhil/PhD research. He also continues to work as a legal research assistant for the Co-Agent, and legal team, of the Republic of Marshall Islands on a part-time basis, including as a member of the Delegation of the Republic of Marshall Islands during the ‘jurisdiction and admissibility’ phase of the three ‘Nuclear Weapons’ cases before the ICJ.
Supervisors: Professor Fiona Macmillan
Address: London, United Kingdom
Amsterdam, Netherlands
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LL.M. Human Rights Essays by J. Dylan van Houcke
General Assembly on the 10 th of December 1948. 1 This alternative history of human rights develo... more General Assembly on the 10 th of December 1948. 1 This alternative history of human rights development can be seen as a challenge to the established belief that the horrors of the Holocaust gave birth to the UDHR and with that the tradition of human rights.
It is estimated that over 50 million people have been forced to leave their homes and move across... more It is estimated that over 50 million people have been forced to leave their homes and move across the country because of conflict, violations of their human rights or natural disasters. These people are not considered to be refugees under the modern legal definition of the term. Instead, we speak of them as internally displaced persons (IDPs). As Kofi Annan in his capacity as Secretary-General of the United Nations once stated: “internal displacement is the great tragedy of our times. The internally displaced people are among the most vulnerable of the human family". The reason that they are amongst the most vulnerable is because they are away from home, often forgotten or neglected and fall between the cracks of both domestic and international protection. This essay will consist of three parts, the first of which will define the term internally displaced persons and explain the difference between IDPs and refugees. The second part will give an overview of how existing norms in humanitarian law, human rights law and refugee law form the foundation of the legal protection of IDPs. The third and final part of the essay will show how the Guiding Principles on Internal Displacement (Guiding Principles) build upon the existing legal framework. It will also critically analyze whether or not this normative framework adequately provides protection for the needs of the IDP.
Slavery is often considered a historic aspect of the Roman Empire or the slave trade to the New W... more Slavery is often considered a historic aspect of the Roman Empire or the slave trade to the New World. However, according to official estimates there are currently around 21 million people enslaved in some way or another. Consequently, there are at present more enslaved people than at any other point in history. Many of these people are caught in a web of human trafficking reminiscent of an archaic and uncivilized world from humanities history. Even though, or probably even because, 20th century Neoliberalism promised us unlimited wealth by means of globalization the reality of the present now paints the totally different picture. One of inequality within and among nations in which consumerism has turned even human beings into a tradable good. The first part of this essay will describe what human trafficking is by determining the definition given by international law. In the second part the current international legal and normative framework will be set out and the problems the approach this framework stands for will be analyzed. The third part of this essay will strive to make clear how the effects of globalization are the main roots of human trafficking and thus an effective strategy combating the problem has to take a holistic approach with human rights considerations at its core. Finally, the fourth part of this essay will deal with the question of both the legal and moral responsibility States have in combating the problem of human trafficking. On the whole, the main argument of this essay will be that the current international legal and normative framework does not adequately combat the issue of human trafficking because it marginalizes the human rights aspect. Furthermore, it will argue that States have a legal and moral obligation to create a more holistic framework and combat the violations of a victim of human trafficking human rights, by the denial of that person’s freedom, in a more effective manner.
General Assembly on the 10 th of December 1948. 1 This alternative history of human rights develo... more General Assembly on the 10 th of December 1948. 1 This alternative history of human rights development can be seen as a challenge to the established belief that the horrors of the Holocaust gave birth to the UDHR and with that the tradition of human rights.
It is estimated that over 50 million people have been forced to leave their homes and move across... more It is estimated that over 50 million people have been forced to leave their homes and move across the country because of conflict, violations of their human rights or natural disasters. These people are not considered to be refugees under the modern legal definition of the term. Instead, we speak of them as internally displaced persons (IDPs). As Kofi Annan in his capacity as Secretary-General of the United Nations once stated: “internal displacement is the great tragedy of our times. The internally displaced people are among the most vulnerable of the human family". The reason that they are amongst the most vulnerable is because they are away from home, often forgotten or neglected and fall between the cracks of both domestic and international protection. This essay will consist of three parts, the first of which will define the term internally displaced persons and explain the difference between IDPs and refugees. The second part will give an overview of how existing norms in humanitarian law, human rights law and refugee law form the foundation of the legal protection of IDPs. The third and final part of the essay will show how the Guiding Principles on Internal Displacement (Guiding Principles) build upon the existing legal framework. It will also critically analyze whether or not this normative framework adequately provides protection for the needs of the IDP.
Slavery is often considered a historic aspect of the Roman Empire or the slave trade to the New W... more Slavery is often considered a historic aspect of the Roman Empire or the slave trade to the New World. However, according to official estimates there are currently around 21 million people enslaved in some way or another. Consequently, there are at present more enslaved people than at any other point in history. Many of these people are caught in a web of human trafficking reminiscent of an archaic and uncivilized world from humanities history. Even though, or probably even because, 20th century Neoliberalism promised us unlimited wealth by means of globalization the reality of the present now paints the totally different picture. One of inequality within and among nations in which consumerism has turned even human beings into a tradable good. The first part of this essay will describe what human trafficking is by determining the definition given by international law. In the second part the current international legal and normative framework will be set out and the problems the approach this framework stands for will be analyzed. The third part of this essay will strive to make clear how the effects of globalization are the main roots of human trafficking and thus an effective strategy combating the problem has to take a holistic approach with human rights considerations at its core. Finally, the fourth part of this essay will deal with the question of both the legal and moral responsibility States have in combating the problem of human trafficking. On the whole, the main argument of this essay will be that the current international legal and normative framework does not adequately combat the issue of human trafficking because it marginalizes the human rights aspect. Furthermore, it will argue that States have a legal and moral obligation to create a more holistic framework and combat the violations of a victim of human trafficking human rights, by the denial of that person’s freedom, in a more effective manner.