Essays On The Developing Law Of Human Rights

Author : Loukis Loucaides
Publisher : BRILL
Page : 251 pages
File Size : 46,8 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482258

Get Book

Essays on the Developing Law of Human Rights by Loukis Loucaides Pdf

This collection offers the reader an exposition and critical analysis of certain human rights, such as the right to information and to personality. Some human rights issues of legal and also of political significance, including the protection of human rights pending the settlement of related political issues, are also examined. There is an emphasis on novel or debatable aspects which have hitherto been insufficiently explored, such as the scope of civil servants' freedom of speech, the expulsion of settlers from occupied territories, and whether the test of state responsibility for violations of human rights is objective or subjective. Most of the topics are examined in the context of the European Convention on Human Rights and, where relevant, reference is made to U.S. Supreme Court case law and international law. The book is intended for lawyers having a special interest in human rights.

Author : David Weissbrodt
Publisher : Routledge
Page : 556 pages
File Size : 46,5 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351545051

Get Book

The Development of International Human Rights Law by David Weissbrodt Pdf

The essays selected for this volume, written by some of the worlds most respected experts on human rights, encompass the development of human rights law from its philosophical underpinnings and address many of its current controversies. The collected essays explore the drafting of major human rights instruments, including the political challenges that shaped those instruments; examine the interrelationship of various claimed rights; and identify factors producing compliance with - and violation of - human rights law. Other contributions analyze the role of non-governmental organizations in achieving better human rights protections as well as the danger of claiming too many rights, and the tension between rights and security. Contrasting viewpoints in several essays highlight some of the key conflicts in the field. An introductory essay provides a roadmap marking the collection‘s major themes, and tracing the relationship between those themes. Taken together, the essays emphasize the legal underpinnings of the human rights regime and as such, the collection provides an essential, wide-ranging account of this important part of international law, procedure and practice.

Author : David S. Weissbrodt,Fionnuala Ní Aoláin,Mary Rumsey
Publisher : Unknown
Page : 527 pages
File Size : 41,7 Mb
Release : 2014
Category : Electronic books
ISBN : 1315086751

Get Book

The Development of International Human Rights Law by David S. Weissbrodt,Fionnuala Ní Aoláin,Mary Rumsey Pdf

"The essays selected for this volume, written by some of the world?s most respected experts on human rights, encompass the development of human rights law from its philosophical underpinnings and address many of its current controversies. The collected essays explore the drafting of major human rights instruments, including the political challenges that shaped those instruments; examine the interrelationship of various claimed rights; and identify factors producing compliance with - and violation of - human rights law. Other contributions analyze the role of non-governmental organizations in achieving better human rights protections as well as the danger of claiming too many rights, and the tension between rights and security. Contrasting viewpoints in several essays highlight some of the key conflicts in the field. An introductory essay provides a roadmap marking the collection?s major themes, and tracing the relationship between those themes. Taken together, the essays emphasize the legal underpinnings of the human rights regime and as such, the collection provides an essential, wide-ranging account of this important part of international law, procedure and practice."--Provided by publisher.

Author : Alexander Andrew Mackay Irvine Baron Irvine of Lairg
Publisher : Hart Publishing
Page : 391 pages
File Size : 52,6 Mb
Release : 2003-12-31
Category : Law
ISBN : 9781841134116

Get Book

Human Rights, Constitutional Law and the Development of the English Legal System by Alexander Andrew Mackay Irvine Baron Irvine of Lairg Pdf

The book documents Lord Irvine's lectures and articles and contributes to the debate on Human Rights, Constitutional Law and the English Legal System.

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : Unknown
Page : 584 pages
File Size : 43,6 Mb
Release : 2013
Category : Political Science
ISBN : MINN:31951D03532960M

Get Book

Realizing the Right to Development by United Nations. Office of the High Commissioner for Human Rights Pdf

This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.

Author : Haro F. Van Panhuys
Publisher : Martinus Nijhoff Publishers
Page : 242 pages
File Size : 53,5 Mb
Release : 1980-10-08
Category : Law
ISBN : 9789028603608

Get Book

Essays on the Development of the International Legal Order by Haro F. Van Panhuys Pdf

Developments like the completion of the Single Market, the adoption of the Treaty on European Union, the opening up of the European Economic Area, & the emergence of the Central & Eastern European markets make it vital for all legal practitioners & academics concerned with commercial & transnational law to have access to up-to-date information on the laws governing business throughout the whole of Europe. European Business Law Review offers current, authoritative information on a wide range of issues & developments in European business law. Written by a distinguished international team of legal practitioners & academics, European Business Law Review proves an invaluable source of current information, practical analysis, & expert guidance for all lawyers, advisers, & researchers dealing with European business law on a regular basis. Every month European Business Law Review includes analytical articles offering incisive investigations & practical analysis of topics of current importance; country reports highlighting key issues from different European countries; Eurobrief, containing concise summaries of the latest European Community Directives, as reported in the Official Journal, & details of relevant communications from key European institutions; case notes on important recent cases from the European Court of Justice, the Court of First Instance & various national courts; & reviews of the latest literature on areas of European business law. European Business Law Review provides a regular service of opinions & new information, offering practical analysis & guidance on a broad spectrum of topics relating to commercial law in Europe. It covers legal developments in the European Community, the EFTA countries, & the new democracies of Central & Eastern Europe, & also offers an insight into the legal aspects of European trade with non-European countries. As of February 1997, the editorship of the European Business Law Review has been taken over by the Institute of Advanced Legal Studies, London .

Author : J. Oloka-Onyango
Publisher : African Books Collective
Page : 530 pages
File Size : 45,7 Mb
Release : 2015-07-13
Category : Political Science
ISBN : 9789956762156

Get Book

Battling over Human Rights by J. Oloka-Onyango Pdf

This book brings together twenty think-pieces on contemporary Human Rights issues at the international, regional and national level by one of Africa's foremost scholars of International Human Rights and Constitutional Law, J. Oloka-Onyango. Ranging from the 'Arab Spring' to the Right to Education, the collection is both an in-depth analysis of discrete topics as well as a critical reflection on the state of human rights around the world today. Taking up issues such as the African reaction to the International Criminal Court (ICC), the question of truth and reconciliation before the outbreak of post-election violence in Kenya and the links between globalization and racism, the book is a tour de force of issues that are both unique as well as pertinent to human rights struggles around the world.

Author : Alice Diver,Jacinta Miller
Publisher : Springer
Page : 422 pages
File Size : 41,6 Mb
Release : 2015-12-15
Category : Law
ISBN : 9783319240169

Get Book

Justiciability of Human Rights Law in Domestic Jurisdictions by Alice Diver,Jacinta Miller Pdf

This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.

Author : Asbjørn Eide,Jakob Th. Möller,Ineta Ziemele
Publisher : BRILL
Page : 676 pages
File Size : 45,8 Mb
Release : 2011-06-22
Category : Law
ISBN : 9789004215801

Get Book

Making Peoples Heard by Asbjørn Eide,Jakob Th. Möller,Ineta Ziemele Pdf

A leading theme in this impressive collection of essays in honour of Professor Gudmundur Alfredsson is the advancement of international rules and mechanisms to empower individuals, groups and peoples everywhere to pursue their rights nationally, regionally and internationally. The book deals with the many areas of international law and national policies and practices in which important progress has been made since the adoption of the Universal Declaration of Human Rights for better protection of human rights in the modern world. It equally provides a critical discussion of the difficulties and failures in various areas and probes questions and issues that are pending solution at the national, regional or universal levels.

Author : Nerina Boschiero,Tullio Scovazzi,Cesare Pitea,Chiara Ragni
Publisher : Springer Science & Business Media
Page : 951 pages
File Size : 49,8 Mb
Release : 2013-03-15
Category : Law
ISBN : 9789067048941

Get Book

International Courts and the Development of International Law by Nerina Boschiero,Tullio Scovazzi,Cesare Pitea,Chiara Ragni Pdf

This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

Author : Sienho Yee,Jacques-Yvan Morin
Publisher : BRILL
Page : 801 pages
File Size : 53,6 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789004174719

Get Book

Multiculturalism and International Law by Sienho Yee,Jacques-Yvan Morin Pdf

This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international organizations such as the ICJ, the ILC, the UN, and the ICC; and in the progressive development of substantive international law regarding issues such as anti-terrorism, cultural identity, the Danish cartoons controversy, indigenous peoples, and cultural exemptions at the WTO. With Forewords from Boutros Boutros-Ghali and Shigeru Oda, this authoritative volume contains contributions from 36 distinguished scholars from every continent of the world tackling multiculturalism and international law an ever more topical issue in honour of, appropriately, Edward McWhinney, an eminent scholar who has spent a substantial part of his life promoting multiculturalism.

Author : W. Michael Reisman,Roza Pati
Publisher : BRILL
Page : 1207 pages
File Size : 47,9 Mb
Release : 2023-10-09
Category : Law
ISBN : 9789004524835

Get Book

Human Flourishing: The End of Law by W. Michael Reisman,Roza Pati Pdf

This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .

Author : Nehal Bhuta,Florian Hoffmann,Sarah Knuckey,Frédéric Mégret,Margaret Satterthwaite
Publisher : Oxford University Press
Page : 449 pages
File Size : 53,6 Mb
Release : 2021-09-30
Category : Law
ISBN : 9780192638373

Get Book

The Struggle for Human Rights by Nehal Bhuta,Florian Hoffmann,Sarah Knuckey,Frédéric Mégret,Margaret Satterthwaite Pdf

The Struggle for Human Rights evaluates the themes of law, politics, and practice which together define international human rights practice and scholarship. Taking as it's inspiration the 40 year career of international human rights advocate Philip Alston, this book of essays examines foundational debates central to the evolution of the human rights project. It critiques the reform of human rights institutions and reflects on the place of human rights practice in contemporary society. Bringing together leading scholars, practitioners, and critics of human rights from a variety of disciplines, The Struggle for Human Rights addresses the most urgent questions posed within the field of human rights today - its practice and its theory. Rethinking assumptions and re-evaluating strategies in the law, politics, and practice of international human rights, this book is essential reading for academics and human rights professionals around the world.

Author : Arie Bloed,Pieter van Dijk
Publisher : BRILL
Page : 280 pages
File Size : 48,5 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482319

Get Book

Essays on Human Rights in the Helsinki Process by Arie Bloed,Pieter van Dijk Pdf

Author : George W. Shepherd Jr.,Ved Nanda
Publisher : Praeger
Page : 0 pages
File Size : 45,6 Mb
Release : 1985-12-23
Category : Political Science
ISBN : 9780313242762

Get Book

Human Rights and Third World Development by George W. Shepherd Jr.,Ved Nanda Pdf

The intertwining of development and human rights is the subject of the twelve essays collected by the editors. The individual authors extensively examine the commonly held belief that economic development cannot take place in Third World countries without the short term sacrifice of political liberty and demonstrate that there is considerable evidence to the contrary. Following a theoretical stage-setting that concentrates on the severe power limitations and the dependency of weak Third World states, case studies focus on such issues as state terrorism, food, the right to modernize, refugees, and support of apartheid in Latin America, the People's Republic of China, the Middle East, and Africa. Several essays concern the implementation of human rights and the role of multinational corporations and international nongovernmental organizations in protecting them. The final essay considers the international framework of government, law, and organization as a means for implementing human rights development in the Third World.