International Law And The Protection Of Humanity

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International Law and the Protection of Humanity

Author : Pia Acconci,David Donat Cattin,Antonio Marchesi,Giuseppe Palmisano,Valeria Santori
Publisher : Martinus Nijhoff Publishers
Page : 584 pages
File Size : 55,6 Mb
Release : 2016-12-15
Category : Law
ISBN : 9789004269507

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International Law and the Protection of Humanity by Pia Acconci,David Donat Cattin,Antonio Marchesi,Giuseppe Palmisano,Valeria Santori Pdf

This challenging volume contains articles by a wide variety of well-known scholars and practitioners, and deals with human rights, international humanitarian law, international criminal law and humanitarian assistance, as well as other areas of international law relating to the protection of humanity. These are topics to which Flavia Lattanzi, in whose honour the volume is being published, has made an outstanding contribution and to which she has given her determined and unrelenting professional and personal commitment. As a former Professor at the Universities of Pisa, Sassari, Teramo and Roma Tre and as Judge ad litem at the International Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia, she has adhered constantly to a number of important principles, as reflected in the research contained in this volume. They include the firm conviction that respect for human rights is an indispensable precondition for durable peace; the notion that grave breaches of human rights, including the refusal to provide assistance to populations in distress, can imply a threat to international peace and security; and that guarantees against human rights violations include the question of the punishment of core crimes under International Law.

International Law and the Protection of People at Sea

Author : Irini Papanicolopulu
Publisher : Oxford University Press
Page : 288 pages
File Size : 48,6 Mb
Release : 2018-03-09
Category : Law
ISBN : 9780192506467

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International Law and the Protection of People at Sea by Irini Papanicolopulu Pdf

Media interest in the fates of people at sea has heightened across the last decade. The attacks and the hostage taking of victims by Somali pirates, and the treatment of migrants and asylum seekers in the Mediterranean, ask pressing questions, as does the sinking of the Costa Concordia off the Italian island of Giglio which, one hundred years after the Titanic capsized, reminded the world that, despite modern navigation systems and technology, shipping is still fallible. Do pirates have human rights? Can migrants at sea be turned back to the State from which they have sailed? How can the crews of vessels be protected against inhuman and degrading working and living conditions? And are States liable under international human rights treaties for arresting drug traffickers on the high seas? The first text to comprehensively compare the legal rights of different people at sea, Irini Papanicolopulu's timely text argues that there is an overarching duty of the state to protect people at sea and adopt all necessary acts with a view towards ensuring enjoyment of their rights. Rather than being in doubt, she reveals that the emerging law in this area is watertight.

The Law of International Human Rights Protection

Author : Walter Kälin,Jörg Künzli
Publisher : Oxford University Press, USA
Page : 641 pages
File Size : 45,9 Mb
Release : 2019-08-29
Category : Law
ISBN : 9780198825685

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

At a time when human rights are coming under increasing pressure, in-depth knowledge and understanding of their foundations, conceptual underpinnings and current practice remain crucial. The second edition of Walter Kalin and Jorg Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. Based, in particular, on a wide-ranging analysis of international case-law, the book focuses on the sources and scope of application of human rights and a discussion of their substantive guarantees. Further chapters describe the different mechanisms to monitor the implementation of human rights obligations, ranging from the regional human rights courts in Africa, the Americas and Europe and the UN treaty bodies to the international criminal tribunals, the International Court of Justice and the UN Security Council. The book is based on an understanding of human rights as legal concepts that address basic human needs and vulnerabilities, and highlights the indivisibility of civil and political rights on the one and economic, social and cultural rights on the other hand. It also highlights the convergence of international human rights and international humanitarian law and the interlinkages with international criminal law as well as general international law, in particular the law of state responsibility.

The Influence of Human Rights on International Law

Author : Norman Weiß,Jean-Marc Thouvenin
Publisher : Springer
Page : 246 pages
File Size : 53,6 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.

United Nations Protection of Humanity and Its Habitat

Author : Bertrand G. Ramcharan
Publisher : BRILL
Page : 300 pages
File Size : 42,8 Mb
Release : 2016-08-11
Category : Law
ISBN : 9789004303140

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United Nations Protection of Humanity and Its Habitat by Bertrand G. Ramcharan Pdf

This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention.

Beyond Human Rights

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 41,7 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.

Fiduciaries of Humanity

Author : Evan J. Criddle,Evan Fox-Decent
Publisher : Oxford University Press
Page : 393 pages
File Size : 41,6 Mb
Release : 2016
Category : Law
ISBN : 9780199397921

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Fiduciaries of Humanity by Evan J. Criddle,Evan Fox-Decent Pdf

Public international law has embarked on a new chapter. Over the past century, the classical model of international law, which emphasized state autonomy and interstate relations, has gradually ceded ground to a new model. Under the new model, a state's sovereign authority arises from the state's responsibility to respect, protect, and fulfill human rights for its people. In Fiduciaries of Humanity: How International Law Constitutes Authority, Evan J. Criddle and Evan Fox-Decent argue that these developments mark a turning point in the international community's conception of public authority. Under international law today, states serve as fiduciaries of humanity, and their authority to govern and represent their people is dependent on their satisfaction of numerous duties, the most general of which is to establish a regime of secure and equal freedom on behalf of the people subject to their power. International institutions also serve as fiduciaries of humanity and are subject to similar fiduciary obligations. In contrast to the receding classical model of public international law, which assumes an abiding tension between a state's sovereignty and principles of state responsibility, the fiduciary theory reconciles state sovereignty and responsibility by explaining how a state's obligations to its people are constitutive of its legal authority under international law. The authors elaborate and defend the fiduciary model while exploring its application to a variety of current topics and controversies, including human rights, emergencies, the treatment of detainees in counterterrorism operations, humanitarian intervention, and the protection of refugees fleeing persecution.

Hierarchy in International Law

Author : Erika De Wet,Jure Vidmar
Publisher : Oxford University Press
Page : 365 pages
File Size : 40,5 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.

Human Rights and World Public Order

Author : Myres S. McDougal,Lung-Chu Chen
Publisher : Oxford University Press, USA
Page : 1137 pages
File Size : 53,5 Mb
Release : 2018-12-14
Category : Law
ISBN : 9780190882631

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Human Rights and World Public Order by Myres S. McDougal,Lung-Chu Chen Pdf

In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period. Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.

The International Law of Human Rights and States of Exception

Author : Anna-Lena Svensson-McCarthy
Publisher : BRILL
Page : 808 pages
File Size : 41,8 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004479319

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The International Law of Human Rights and States of Exception by Anna-Lena Svensson-McCarthy Pdf

This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.

The Legal Protection of Human Rights

Author : Tom Campbell,Keith D. Ewing,Adam Tomkins
Publisher : OUP Oxford
Page : 548 pages
File Size : 51,5 Mb
Release : 2011
Category : Law
ISBN : 9780199606078

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The Legal Protection of Human Rights by Tom Campbell,Keith D. Ewing,Adam Tomkins Pdf

The value and legitimacy of using courts to limit the powers of governments in the domain of human rights is a significant ongoing debate. This book provides a critical review that explores the alternative means for protecting and promoting human rights. This group of twenty-four leading human rights scholars from around the world present a variety of perspectives on the disappointing human rights outcomes of recent institutional developments and consider the prospects of reviving the moral force and political implications of human rights values.

Human Dignity and International Law

Author : Andrea Gattini,Rosana Garciandia,Philippa Webb
Publisher : BRILL
Page : 232 pages
File Size : 40,6 Mb
Release : 2020-12-15
Category : Law
ISBN : 9789004435650

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Human Dignity and International Law by Andrea Gattini,Rosana Garciandia,Philippa Webb Pdf

This book reflects on how the concept of human dignity, a central and classical concept in public international law, is used to protect the rights of particularly vulnerable sectors of contemporary society.

Human Rights in the World

Author : A. H. Robertson,J. G. Merrills
Publisher : Manchester University Press
Page : 368 pages
File Size : 48,5 Mb
Release : 1996
Category : Law
ISBN : 0719049237

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Human Rights in the World by A. H. Robertson,J. G. Merrills Pdf

Human rights now occupy a key place in international law and international relations. Nearly 100 states have accepted the United Nations Covenants of 1966; regional systems of human rights are in operation in Europe, Africa and Latin America; and organisations such as the ILO and Unesco have their own instruments and procedures. Human Rights in the World explains what the current guarantees of human rights are and how they work. Substantially rewritten and updated to take into account the ending of the Cold War, this new edition includes such issues as the War Crimes Tribunal for Former Yugoslavia, the Convention on the Rights of the Child and the role of the UN Commissioner for Human Rights. Authoritative, comprehensive and up-to-date, the book is an invaluable source of reference for students, scholars and practitioners.

International Human Rights Law in a Global Context

Author : Felipe Gómez Isa,Koen de Feyter
Publisher : Universidad de Deusto
Page : 974 pages
File Size : 55,6 Mb
Release : 2009-01-01
Category : Law
ISBN : 9788498308136

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International Human Rights Law in a Global Context by Felipe Gómez Isa,Koen de Feyter Pdf

The international human rights system remains as dynamic as ever. If at the end of the last century there was a sense that the normative and institutional development of the system had been completed and that the emphasis should shift to issues of implementation, nothing of the sort occurred. Even over the last few years significant changes happened, as this book amply demonstrates. We hope that this Manual makes a contribution to the development of International Human Rights Law and is of interest for those working in the field of promotion and protection of human rights. The book is the result of a joint project under the auspices of HumanitarianNet, a Thematic Network led by the University of Deusto, and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice).