Human Rights In International Law

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The Influence of Human Rights on International Law

Author : Norman Weiß,Jean-Marc Thouvenin
Publisher : Springer
Page : 246 pages
File Size : 43,7 Mb
Release : 2015-02-25
Category : Law
ISBN : 9783319120218

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The Influence of Human Rights on International Law by Norman Weiß,Jean-Marc Thouvenin Pdf

This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes. Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.

The International Law of Human Rights

Author : Paul Sieghart
Publisher : Oxford University Press, USA
Page : 616 pages
File Size : 43,6 Mb
Release : 1983
Category : Political Science
ISBN : UOM:39015001149437

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The International Law of Human Rights by Paul Sieghart Pdf

1.11 The Rule of Law

Individual Responsibility in International Law for Serious Human Rights Violations

Author : Lyal S. Sunga
Publisher : BRILL
Page : 252 pages
File Size : 54,8 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004479845

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Individual Responsibility in International Law for Serious Human Rights Violations by Lyal S. Sunga Pdf

What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.

International Human Rights Law and Diplomacy

Author : Kriangsak Kittichaisaree
Publisher : Edward Elgar Publishing
Page : 360 pages
File Size : 40,7 Mb
Release : 2020-03-28
Category : Law
ISBN : 9781839102196

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International Human Rights Law and Diplomacy by Kriangsak Kittichaisaree Pdf

This incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades’ experience in the field.

Hierarchy in International Law

Author : Erika De Wet,Jure Vidmar
Publisher : Oxford University Press
Page : 365 pages
File Size : 40,8 Mb
Release : 2012-03
Category : Law
ISBN : 9780199647071

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Hierarchy in International Law by Erika De Wet,Jure Vidmar Pdf

The existence of a hierarchy between the different international legal rules is increasingly being debated. This volume will identify the extent to which judicial bodies and domestic courts contribute to an emerging normative hierarchy within international law, based on the primacy of human rights.

The Customary International Law of Human Rights

Author : William A. Schabas
Publisher : Oxford University Press
Page : 433 pages
File Size : 41,8 Mb
Release : 2021
Category : Law
ISBN : 9780192845696

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The Customary International Law of Human Rights by William A. Schabas Pdf

This book provides a comprehensive account of the emergence of the customary law of human rights. It examines a range of human rights norms, and provides a useful guide to identifying those which can be described as customary.

The Idea of International Human Rights Law

Author : Steven Wheatley
Publisher : Oxford University Press
Page : 220 pages
File Size : 51,7 Mb
Release : 2019-01-17
Category : Law
ISBN : 9780191066870

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The Idea of International Human Rights Law by Steven Wheatley Pdf

International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.

Human Rights and Development in International Law

Author : Tahmina Karimova
Publisher : Routledge
Page : 419 pages
File Size : 51,8 Mb
Release : 2016-04-28
Category : Law
ISBN : 9781317351641

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Human Rights and Development in International Law by Tahmina Karimova Pdf

This book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.

International Law and International Relations

Author : David Armstrong,Theo Farrell,Hélène Lambert
Publisher : Cambridge University Press
Page : 365 pages
File Size : 54,9 Mb
Release : 2012-03-08
Category : Law
ISBN : 9781107011069

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International Law and International Relations by David Armstrong,Theo Farrell,Hélène Lambert Pdf

This fully updated and revised edition explores the evolution, nature and function of international law in world politics.

Beyond Human Rights

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 55,5 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.

International Human Rights Law

Author : Riccardo Pisillo Mazzeschi
Publisher : Springer Nature
Page : 557 pages
File Size : 42,9 Mb
Release : 2021-09-29
Category : Law
ISBN : 9783030770327

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International Human Rights Law by Riccardo Pisillo Mazzeschi Pdf

This textbook provides a thorough and systematic overview of human rights law, including the most relevant practice and case law, but also dealing with theoretical issues. It pursues an original approach, seeking to reconcile its didactic purpose with a scientific one, positing that there must be a necessary synergy between these two purposes. Furthermore, the author is convinced that international human rights law should not be studied (as is done in virtually every textbook) as a special legal regime, separate and autonomous from the overall system of international law; but as a regime that is fully integrated into the international legal order. The book’s dominant theme is the interrelationship of international human rights law and general international law. Following this approach, the author has chosen to devote comparatively little content to institutional issues (Part IV) and to instead more intensively explore the structural impact of human rights law on the entire international order (Part I); on the sources (Part II) and obligations (Part III) of general international law; and what constitutes “fundamental” human rights (Part V), without neglecting other rights (Part VI).

The Right to The Truth in International Law

Author : Melanie Klinkner,Howard Davis
Publisher : Routledge
Page : 287 pages
File Size : 48,5 Mb
Release : 2019-07-26
Category : Law
ISBN : 9781317335085

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The Right to The Truth in International Law by Melanie Klinkner,Howard Davis Pdf

The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

A Practical Guide to Using International Human Rights and Criminal Law Procedures

Author : Connie de la Vega,Alen Mirza
Publisher : Edward Elgar Publishing
Page : 171 pages
File Size : 42,9 Mb
Release : 2019
Category : Political Science
ISBN : 9781788119726

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A Practical Guide to Using International Human Rights and Criminal Law Procedures by Connie de la Vega,Alen Mirza Pdf

This book is a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims, and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. This book offers step-by-step approaches for maximizing the institutions’ intended effect–promotion of human rights at all levels.

The Law of International Human Rights Protection

Author : Walter Kälin,Jörg Künzli
Publisher : Oxford University Press, USA
Page : 589 pages
File Size : 48,8 Mb
Release : 2009
Category : Law
ISBN : 9780199565207

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The Law of International Human Rights Protection by Walter Kälin,Jörg Künzli Pdf

Human rights are invoked on many occasions. But are they more than lofty values and abstract principles? This text shows how human rights create legal entitlements for those protected by them and impose obligations on those bound by them.