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Author : K. Tomaisevski
Publisher : Springer
Page : 456 pages
File Size : 40,5 Mb
Release : 2000-08-08
Category : Law
ISBN : STANFORD:36105060214322
The Horn of Africa
Author : Katarina Tomaševski
Publisher : BRILL
Page : 438 pages
File Size : 46,9 Mb
Release : 2021-10-05
Category : Law
ISBN : 9789004478657
This volume maps out the response of states to human rights violations. It covers the period 1946-1999 and offers a complete and unmatched record for this period. Its starting point is that such responses are not established and accepted state practice. Traditional, if unwritten, norms of states' behaviour developed through centuries of silence and inaction; the prevalent reaction to human rights violations by another state remains the absence of any response. Furthermore, this book probes into evidence of active and passive complicity by reviewing aid to countries in which violations have been taking place and diplomatic initiatives undertaken to shield violators from public opprobrium. Since international law is generated through state practice, the book highlights the ongoing tussle between the pre-1946 heritage of silence and inaction and the 1946-1999 haphazard pattern of responses to violations.
Author : Geoff Gilbert
Publisher : Martinus Nijhoff Publishers
Page : 528 pages
File Size : 46,6 Mb
Release : 2006
Category : Law
ISBN : 9789004152762
Following the wars in the former Yugoslavia and Rwanda, and the events of 11 September 2001, awareness of international crimes has come to the forefront of public consciousness. The very public responses seen in the establishment by the Security Council of the ad hoc tribunals and the international community coming together to create the International Criminal Court have done much to promote the idea that there should be no impunity for international criminals. Nevertheless, while those are incredibly significant steps in the attempt to combat international crime, there is no way due to their jurisdictional competence that such bodies could ever hope to address all the various crimes that are committed that are not confined to a single domestic jurisdiction either by reason of their nature or trans-border factors. As such, the response of the international community to international crime depends as much on extraterritorial criminal jurisdiction, mutual legal assistance agreements, extradition and other means of lawful rendition. Furthermore, given the fundamental rule that a person is innocent until proven guilty and that everyone within the jurisdiction of a State is owed certain basic minimum human rights guarantees, responses to international crime cannot be without limitation. Respect for the alleged transnational fugitive offender is as important a factor in responding to international crime as preventing impunity for genocide, crimes against humanity, war crimes and gross human rights violations.
Author : Ilia Siatitsa
Publisher : Oxford University Press
Page : 289 pages
File Size : 45,8 Mb
Release : 2022-06-09
Category : Human rights
ISBN : 9780192863041
This book analyses the use of the expression 'serious violations of human rights', and similar ones, such as 'gross' or 'grave', in international practice. It highlights some of the recurring responses and consequences to such violations and suggests that a new special regime - eponymous to the above-mentioned expression - was formed. This special regime is understood as substantively limited to a very specific issue-area of human rights violations. Within this regime, a series of monitoring mechanisms and procedures are in place to highlight, document, and record such violations; specific measures are taken to enforce compliance; and certain consequences arise focused on remedying the victims of such violations. As such, this special regime is comprised of at least four thinly interconnected components: the substantive, the monitoring, the enforcement, and the remedial ones. This monograph constitutes a first step towards the recognition of such a regime, allowing far more constructive and coherent elaboration in the future. Practice around this category of violations may well evolve in a different direction than the one suggested here. However, what becomes apparent from this work is that the serious violations of human rights are a key notion in the international legal order as it allows the international community to depict those factual situations requiring its attention and action.
Author : Christian Tomuschat
Publisher : Oxford University Press, USA
Page : 388 pages
File Size : 49,6 Mb
Release : 2003
Category : Law
ISBN : 0199268622
By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this text provides an overview of human rights. After briefly examining the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy.
Author : Tom Obokata
Publisher : Martinus Nijhoff Publishers
Page : 266 pages
File Size : 54,7 Mb
Release : 2006
Category : Political Science
ISBN : 9789004154056
It has been widely accepted that trafficking of human beings is a human rights issue. However, it has been difficult to address the human rights aspects of the phenomenon in practice, because a comprehensive analysis of applicable human rights norms and principles has not been fully developed, and therefore the nature of obligations imposed upon States is not entirely clear. The purpose of this book, then, is to establish a human rights framework to promote better understanding of the multi-faceted problems inherent in trafficking of human beings, articulate obligations imposed upon States, and facilitate a holistic approach. The book also contains chapters on case studies at the national, regional, and international levels, thereby combining the theory and practice.
Author : Mari Katayanagi
Publisher : Martinus Nijhoff Publishers
Page : 350 pages
File Size : 49,7 Mb
Release : 2002-09-25
Category : Law
ISBN : 9041119108
The United Nations peacekeeping has evolved as a practical measure for preserving international peace and security. Recent peacekeeping has two important features: the use of force which arguably exceeds self-defence on the one hand, and multifunctional operations on the other. The Security Council has started considering a wide range of factors including serious human rights violations as threats to international peace and security. Recognising the UN's principle to seek peaceful settlement which underlies the legality of peacekeeping, this research focuses on the human rights functions of multifunctional peacekeeping operations. Such functions have immense potential for enhancing conflict resolution through peaceful means. In order to illustrate these issues and the diverse practice of UN peacekeeping, the author of this book has dealt with four detailed case studies on El Salvador, Cambodia, Rwanda and the former Yugoslavia. The achievements, problems and defects experienced by different operations are analysed using the insights of the author's own experience in a peacekeeping operation.
Author : Elena Fierro
Publisher : BRILL
Page : 448 pages
File Size : 50,7 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481558
Human rights in the external relations of the EU may manifest itself in different manners; one of them is the conditionality policy that the EU applies to third countries. This study intends to explore the modalities of this conditionality policy, as well as its nature and reach. It also analyzes how the policy could be improved and be made more coherent and effective. The point of departure is the division made between two modes of conditionality: ex ante and ex post. In the first case the EU issues conditions, which must be fulfilled before the negotiation or conclusion of a given agreement or an action with a view to strengthening the relations. The second case, conditionality ex post , is when conditions are allready part of an agreement or an established relation. The so-called human rights clause, or democratic clause, incarnates the second modality. This study explores both types of conditionality, but puts a special emphasis on the second, given its legal nature, its reciprocity, and its systematic inclusion in all framework agreements. It is argued here that this clause could represent the basis of a fully-fledged human rights policy of EU. At present, however, the implementation of the clause has been fragmentary. The interpretation that has prevailed (the human rights clause being a mechanism of exclusively punitive nature), has constituted an obstacle for its implementation. In addition, the clause has been activated only as a response to breaches of democratic principles (and not human rights) in the ACP countries ( and not other regions). The human rights clause has been the victim of the 'sectorial approaches' where policy choices were determined by the instrument at issue. It is about time for the EU to revisit the interpretation of the clause in order to make of it a dynamic instrument, integrated in a global and coherent external human rights policy.
Author : Linda C. Reif
Publisher : Springer
Page : 433 pages
File Size : 44,9 Mb
Release : 2013-12-19
Category : Law
ISBN : 9789401759328
This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children's rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women's rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness.
Author : Oddný Mjöll Arnadóttir
Publisher : BRILL
Page : 283 pages
File Size : 48,6 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481534
The case-law of the European Court of Human Rights on discrimination under the Convention is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination are opening up through recent developments in the case-law on Article 14 and with the advent of the new Protocol 12 to the Convention. This study demonstrates that the 'objective and reasonable justification' test and convenional treatment of non-discrimination are not apt for dealing with these emerging new possibilities or for explaining the variations in existing case-law. It therefore suggests a new approach to dealing with protection against discrimination under the Convention, developed by focusing on variations in the strictness of objective justification review. This study proposes a more viable framework for understanding discrimination analysis under the Convention which includes an alternative interpretation of the burden of proof under Article 14 and a three-tiered model of factors that influences the strictness of review.
Author : Vincent Obisienunwo Orlu Nmehielle
Publisher : Martinus Nijhoff Publishers
Page : 486 pages
File Size : 49,5 Mb
Release : 2001-12-11
Category : Law
ISBN : 9041117318
4. Right to Peace.
Author : B. G. Ramcharan
Publisher : BRILL
Page : 439 pages
File Size : 55,8 Mb
Release : 2006
Category : Political Science
ISBN : 9789004148475
This is one of the first books to examine the need for protection of Human Rights in the field, survey the experiences of the different human rights and humanitarian organizations, and assess what works and what does not work.
Author : Eva Brems
Publisher : BRILL
Page : 592 pages
File Size : 55,9 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481954
Author : H. D. C. Roscam Abbing,Jan K. M. Gevers,Ewoud H. Hondius,J. H. Hubben
Publisher : Martinus Nijhoff Publishers
Page : 295 pages
File Size : 54,9 Mb
Release : 2005
Category : Law
ISBN : 9789004148222
In 1997, the Council of Europe established the Convention on Human Rights and Biomedicine. It is generally regarded as an important addition to the general human rights laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), in particular with a view to the developments in modern biology and medicine. The Biomedicine Convention, which entered into force in 2000, is a framework treaty, meaning that a number of issues have to be dealt with or will be elaborated in additional Protocols; at this moment, three such Protocols have already been opened for signature. This volume of essays, written in honour of Henriette Roscam Abbing upon her retirement as Professor of Health Law at the University of Utrecht, gives an overview of some of the most important issues raised by the Convention. In six parts, this volume discusses the basic concepts and leading principles; the provision of services; the rights of patients; research; human tissue and genetics; and the implementation of the Convention.
Author : Peter Bartlett,Oliver Lewis,Oliver Thorold
Publisher : Martinus Nijhoff Publishers
Page : 433 pages
File Size : 42,7 Mb
Release : 2007
Category : Political Science
ISBN : 9789004154230
Mental disability has come of age as a subject of concern under the European Convention on Human Rights. It was only in 1979 that the first significant decision of the ECHR was decided on the subject, and after that, cases were relatively few for many years. It is only recently that this has begun to change. This volume provides an account of where the law currently stands and speculation as to how it may develop. The initial chapters deal with substantive aspects of Convention rights (including issues of detention in institutions, conditions within institutions, medical treatment, problems associated with guardianship and others). The final two chapters move to discuss the practicalities of litigation. The book concludes with a number of appendices (primarily the primary international legal materials of relevance to mental disability rights under the ECHR, and the relevant recommendations and principles from the Council of Europe). It is hoped that this volume, in addition to shedding light on where the law currently stands, will offer practical guidance to lawyers concerning the mechanics of representing people with mental disabilities.