Challenging Territoriality In Human Rights Law

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Challenging Territoriality in Human Rights Law

Wouter Vandenhole
Challenging Territoriality in Human Rights Law Book PDF

Author : Wouter Vandenhole
Publisher : Routledge
Page : 232 pages
File Size : 43,8 Mb
Release : 2015-06-19
Category : Law
ISBN : 9781317628965

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Challenging Territoriality in Human Rights Law by Wouter Vandenhole Pdf

Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Interpretations of international human rights treaties tend either to ignore or downplay obligations beyond this ‘territorial space’. This edited volume challenges the territorial bias of mainstream human rights law. It argues that with increased globalisation and the impact of international corporations, organisations and non-State actors, human rights law will become less relevant if it fails to adapt to changing realities in which States are no longer the only leading actor. Bringing together leading scholars in the field, the book explores potential applications of international human rights law in a multi-duty bearer setting. The first part of the book examines the current state of the human rights obligations of foreign States, corporations and international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations and responsibility. The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of foreign States as well as of non-State actors. As a marker of important progress in understanding what lies ahead for integrating foreign States and non-State actors in the human rights dutybearer regime, this book will be of great interest to scholars and practitioners of international human rights law, public international law and international relations.

The Frontiers of Human Rights

Nehal Bhuta
The Frontiers of Human Rights Book PDF

Author : Nehal Bhuta
Publisher : Oxford University Press
Page : 254 pages
File Size : 49,6 Mb
Release : 2016
Category : Law
ISBN : 9780198769279

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The Frontiers of Human Rights by Nehal Bhuta Pdf

In an epoch of transnational armed conflict, global environmental harm, and rising inequality, the extraterritorial application of human rights law has become a pressing and controversial legal issue. The faultlines of the Westphalian order are the meridians along which the extraterritorial application of human rights run, as human rights are invoked to address a panoply of global-scale problems, from transborder environmental harm, to social and economic development and global inequality, to the repression of piracy in ungoverned spaces, and military occupation and armed conflict in the territory of a third state.

Territorial Integrity in a Globalizing World

Abdelhamid El Ouali
Territorial Integrity in a Globalizing World Book PDF

Author : Abdelhamid El Ouali
Publisher : Springer Science & Business Media
Page : 407 pages
File Size : 52,6 Mb
Release : 2012-03-26
Category : Law
ISBN : 9783642228698

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Territorial Integrity in a Globalizing World by Abdelhamid El Ouali Pdf

This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.

Challenging Territoriality in Human Rights Law

Wouter Vandenhole
Challenging Territoriality in Human Rights Law Book PDF

Author : Wouter Vandenhole
Publisher : Routledge
Page : 202 pages
File Size : 53,7 Mb
Release : 2015-06-19
Category : Law
ISBN : 9781317628958

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Challenging Territoriality in Human Rights Law by Wouter Vandenhole Pdf

Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Interpretations of international human rights treaties tend either to ignore or downplay obligations beyond this ‘territorial space’. This edited volume challenges the territorial bias of mainstream human rights law. It argues that with increased globalisation and the impact of international corporations, organisations and non-State actors, human rights law will become less relevant if it fails to adapt to changing realities in which States are no longer the only leading actor. Bringing together leading scholars in the field, the book explores potential applications of international human rights law in a multi-duty bearer setting. The first part of the book examines the current state of the human rights obligations of foreign States, corporations and international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations and responsibility. The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of foreign States as well as of non-State actors. As a marker of important progress in understanding what lies ahead for integrating foreign States and non-State actors in the human rights dutybearer regime, this book will be of great interest to scholars and practitioners of international human rights law, public international law and international relations.

Business and Human Rights in Europe

Angelica Bonfanti
Business and Human Rights in Europe Book PDF

Author : Angelica Bonfanti
Publisher : Routledge
Page : 264 pages
File Size : 42,5 Mb
Release : 2018-09-06
Category : Law
ISBN : 9780429811258

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Business and Human Rights in Europe by Angelica Bonfanti Pdf

Transnational business activities are important drivers of growth for developing and the least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are incorporated under the law of European states, those countries’ domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted – also throughout their supply chains – and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and their Member States have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters – written by scholars and practitioners under the direction of the editor, Angelica Bonfanti – the book identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.

International Human Rights Law Beyond State Territorial Control

Antal Berkes
International Human Rights Law Beyond State Territorial Control Book PDF

Author : Antal Berkes
Publisher : Unknown
Page : 128 pages
File Size : 47,5 Mb
Release : 2021-03
Category : Electronic
ISBN : 110888654X

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International Human Rights Law Beyond State Territorial Control by Antal Berkes Pdf

"The book grapples with the applicability and application of international human rights law in geographic areas where the State that is recognised as the sovereign of the territory (territorial State) has lost effective control over a part of its territory. Such a situation raises difficult questions in terms of the applicability of international law and international human rights law, especially since the latter traditionally imposes obligations on the territorial State, presumed as exercising effective control over its entire territory,The book grapples with the applicability and application of international human rights law in geographic areas where the State that is recognised as the sovereign of the territory (territorial State) has lost effective control over a part of its territory. Such a situation raises difficult questions in terms of the applicability of international law and international human rights law, especially since the latter traditionally imposes obligations on the territorial State, presumed as exercising effective control over its entire territory, while it does not foresee express provisions in situations where the territorial State has lost control over part of its territory. This does not mean that these situations bring about an international regulatory vacuum. In fact, other actors exercise effective control over the territory of which obligations are not expressly addressed by international human rights law instruments. These actors include other States (outside States) controlling the territory in an invasion phase; situations of belligerent occupation; territorial lease; international organisations in peace operations, especially within the framework of an international territorial administration; and non-state de facto regimes, issued from an armed group consolidating its effective territorial control. while it does not foresee express provisions in situations where the territorial State has lost control over part of its territory. This does not mean that these situations bring about an international regulatory vacuum. In fact, other actors exercise effective control over the territory of which obligations are not expressly addressed by international human rights law instruments. These actors include other States (outside States) controlling the territory in an invasion phase; situations of belligerent occupation; territorial lease; international organisations in peace operations, especially within the framework of an international territorial administration; and non-state de facto regimes, issued from an armed group consolidating its effective territorial control"

Challenges in International Human Rights Law

MennoT. Kamminga
Challenges in International Human Rights Law Book PDF

Author : MennoT. Kamminga
Publisher : Routledge
Page : 824 pages
File Size : 41,8 Mb
Release : 2017-10-23
Category : Law
ISBN : 9781351572491

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Challenges in International Human Rights Law by MennoT. Kamminga Pdf

The main challenges within international human rights law are generally thought to be in the fields of transitional justice, non-state actors, terrorism, development, poverty and environmental degradation. This volume of articles not only covers these mainstream challenges but also a wider and more systematic range, including justiciability of social and economic rights, extraterritoriality, health care and investment arbitration. The key literature selected for this collection includes articles that have appeared in mainstream journals and books from leading publishers as well as papers that have appeared in lesser known journals, hard to find books and UN documents. Some of these are classic essays whilst others are more recent additions that reflect the current state of the debate. The papers are put into context by a specially commissioned introduction by the volume editor. This volume is an invaluable resource for human rights lawyers in search of the key literature in fields outside their own specialization as well as for students, researchers and lecturers seeking an overview of the challenges in human rights law.

Beyond Human Rights

Anne Peters
Beyond Human Rights Book PDF

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 55,7 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781107164307

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Beyond Human Rights by Anne Peters Pdf

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Netherlands Yearbook of International Law 2016

Martin Kuijer,Wouter Werner
Netherlands Yearbook of International Law 2016 Book PDF

Author : Martin Kuijer,Wouter Werner
Publisher : Springer
Page : 424 pages
File Size : 47,8 Mb
Release : 2017-12-13
Category : Law
ISBN : 9789462652071

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Netherlands Yearbook of International Law 2016 by Martin Kuijer,Wouter Werner Pdf

International law holds a paradoxical position with territory. Most rules of international law are traditionally based on the notion of State territory, and territoriality still significantly shapes our contemporary legal system. At the same time, new developments have challenged territory as the main organising principle in international relations. Three trends in particular have affected the role of territoriality in international law: the move towards functional regimes, the rise of cosmopolitan projects claiming to transgress state boundaries, and the development of technologies resulting in the need to address intangible, non-territorial, phenomena. Yet, notwithstanding some profound changes, it remains impossible to think of international law without a territorial locus. If international law is undergoing changes, this implies a reconfiguration of territory, but not a move beyond it. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a conceptual nature in a varying thematic area of public international law.

The Challenge of Human Rights

David Keane,Yvonne McDermott
The Challenge of Human Rights Book PDF

Author : David Keane,Yvonne McDermott
Publisher : Edward Elgar Publishing
Page : 353 pages
File Size : 49,6 Mb
Release : 2012-01-01
Category : Political Science
ISBN : 9780857939012

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The Challenge of Human Rights by David Keane,Yvonne McDermott Pdf

'This volume represents a genuine attempt to think beyond the realms of what exists, to reflect on ideas postulated in the past that could be of great salience in the future. It presents the reader with a key question; to what extent are the contemporary concepts of human rights and the systems that support them equipped to address the challenges of a changed world? By thinking through some of the ideas of the past, with a set of promising young scholars alongside more established names, readers will gain a sense of how human rights politics have shaped the current regime while also becoming attuned to the extent to which new directions and mechanisms can be forged in the future. Many of the individuals whose contributions are encompassed in this volume have strong links to the Irish Centre for Human Rights, at the National University of Ireland, Galway, an institution that has had a significant impact in its first decade of existence under the stewardship of Professor William A. Schabas. This volume celebrates the success of the institution by showcasing some of the talent it has generated, and is likely to be of avid interest to all who care about the future of human rights.' – From the foreword by Joshua Castellino, Middlesex University, UK the Challenge of Human Rights takes a detailed and exploratory approach to topics across the field of human rights, and seeks to map a path for future research and policy development. It examines contemporary approaches to established rights, such as the right to peace and the protection against double jeopardy, while also revisiting overlooked or forgotten rights and concepts such as slavery, apartheid and the right to resist, determining the optimal place for those rights in today's world. the contributing authors outline lacunae in human rights law where rights could be established, from voting rights for under-18s to rights for the dead to cultural and intellectual property rights, and also apply completely new approaches to questions that have troubled human rights advocates for decades. This innovative book will be essential reading for researchers and practitioners of human rights law, political scientists, historians, and others who have a general interest in the future trajectory of human rights.

Litigating Transnational Human Rights Obligations

Mark Gibney,Wouter Vandenhole
Litigating Transnational Human Rights Obligations Book PDF

Author : Mark Gibney,Wouter Vandenhole
Publisher : Routledge
Page : 388 pages
File Size : 53,7 Mb
Release : 2013-10-30
Category : Law
ISBN : 9781135121129

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Litigating Transnational Human Rights Obligations by Mark Gibney,Wouter Vandenhole Pdf

Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.

Human Rights

Bani Borgohain
Human Rights Book PDF

Author : Bani Borgohain
Publisher : Kanishka Publishers
Page : 304 pages
File Size : 54,9 Mb
Release : 1999
Category : Political Science
ISBN : 817391284X

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Human Rights by Bani Borgohain Pdf

This Book Represents A Timely Effort Of Focus Attention On A Vital Subject That Touches The Hearts And Minds, Even The Future, Of All Peoples Of The World. It Brings Togethr Articles, Papers, Excerpts Comments And Abstracts From A Wide Variet Of Soures, Both Indian And Foreign. The Purpose Is To Provide The Reader, Including The Student Of Sociology And Political Science, A Comprehensive Yet Non-Scholastic Profile Of The Parameters Of The Form, Content, Direction And Debate In The Area Of Human Rights Movement The Clebrated Stockholm Convention Declaration, The Indian Approach To Human Rights Activism And The Debates That Rage, The Role Of The United Nations In The Promotion Of Human Rights, And The Perceptions Of Various Countries In The Sensitive And Debated Issues Of The Day.

Extraterritorial Application of Human Rights Treaties

Marko Milanovic
Extraterritorial Application of Human Rights Treaties Book PDF

Author : Marko Milanovic
Publisher : OUP Oxford
Page : 301 pages
File Size : 45,6 Mb
Release : 2013-03-28
Category : Law
ISBN : 9780191504808

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Extraterritorial Application of Human Rights Treaties by Marko Milanovic Pdf

Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.

Human Rights and 21st Century Challenges

Dapo Akande,Dominic Roser,Helen McDermott
Human Rights and 21st Century Challenges Book PDF

Author : Dapo Akande,Dominic Roser,Helen McDermott
Publisher : Oxford University Press, USA
Page : 401 pages
File Size : 45,8 Mb
Release : 2020-02-13
Category : Law
ISBN : 9780198824770

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Human Rights and 21st Century Challenges by Dapo Akande,Dominic Roser,Helen McDermott Pdf

The world is faced with significant and interrelated challenges in the 21st century which threaten human rights in a number of ways. This book examines three of the largest issues of the century - armed conflict, environment, and poverty - and examines how these may be addressed using a human rights framework. It considers how these challenges threaten human rights and reassesses our understanding of human rights in the light of these issues. This multidisciplinary text considers both foundational and applied questions such as the relationship between morality and the laws of war, as well as the application of the International Human Rights Framework in cyber space. Alongside analyses from some of the most prominent lawyers, philosophers, and political theorists in the debate, each section includes contributions by those who have served as Special Rapporteurs within the United Nations Human Rights System on the challenges facing international human rights laws today.

Beyond National Borders

Sigrun Skogly
Beyond National Borders Book PDF

Author : Sigrun Skogly
Publisher : Intersentia nv
Page : 235 pages
File Size : 53,6 Mb
Release : 2006
Category : Exterritoriality
ISBN : 9789050954341

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Beyond National Borders by Sigrun Skogly Pdf

Within and outside the legal and academic professions, it is now increasingly recognised that the human rights consequences of states' actions are not limited to the domestic sphere but quite often transcend national borders. This is a challenge to the human rights community, which up to the present time has focused almost exclusively on human rights violations and protections solely within a national setting. The term "extraterritorial" effect/application/obligation in international law refers to acts that are taken by one actor (state) that have some kind of effect within another country's territory, with or without this second country's implicit or explicit agreement. Extraterritoriality within international human rights law, then, concerns actions or omissions by one state that have an effect on the human rights of individuals in another state - with or without this other state's agreement. This effect may be positive or negative in that such actions or omissions by foreign states may contribute positively to the enjoyment of human rights; or alternatively, they may result in a deteriorated human rights situation, and even human rights violations. This book gives, for the first time, a comprehensive analysis of extraterritorial obligations in international human rights law by placing the discussion in a larger international law context, interpreting obligations in the various sources of international human rights law, and discussing the way in which extraterritoriality has been approached by international courts and human rights implementation bodies in the United Nations and regional systems.