The Concept Of Discrimination In International Law

Author : E.W. Vierdag
Publisher : Springer Science & Business Media
Page : 187 pages
File Size : 43,7 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401024303

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The Concept of Discrimination in International Law by E.W. Vierdag Pdf

This book was written as a dissertation for the Doctorate of Laws, University of Amsterdam. I am most grateful, first of all, to Professor A. J. P. Tammes, who acted as Promotor. Throughout my working at this study he managed to afford at the same time guidance, inspiration, and complete freedom. I have also benefited much from the suggestions and advice of Dr. Th. e. van Boven of the Dutch Ministry of Foreign Affairs, Member of the U.N. Commission on Human Rights, who was a very helpful Co referent. In earlier stages of the work, the critical remarks by Mr. S. A. Kuipers, Dr. H. Meijers and Miss J. M. van Wouw were of great im portance to me. So was the experience of participating in the program of graduate studies of the Columbia University School of Law, in I968- I969. lowe gratitude to the Amsterdam Law Faculty for having offered this opportunity to me. I am indebted to Miss Sinja Alma for her transforming a chaotic manuscript into a neat typescript in a most capable and patient manner; to Miss E. D. ]. ]ongens for her assistance in sorting out the United Nations documentation; and to Howard S. Gold (Gersono vitch), who was so kind as to correct the faults in my English. Since I went on tinkering with the text I am to blame for all linguistic errors in it. The research for this study was concluded in October, I972.

Author : Warwick Alexander McKean
Publisher : Oxford University Press, USA
Page : 352 pages
File Size : 55,5 Mb
Release : 1983
Category : Law
ISBN : UOM:39015005442796

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Equality and Discrimination Under International Law by Warwick Alexander McKean Pdf

History of discrimination and equal opportunity under international law - discusses replacement of minority group protection by human rights; covers racial discrimination, sex discrimination, language discrimination and religious discrimination; examines role of UN and specialized agencies, role of ILO and ILO Conventions, judicial decisions, etc.

Author : Curtis F. J. Doebbler
Publisher : Lulu.com
Page : 475 pages
File Size : 43,6 Mb
Release : 2007
Category : Law
ISBN : 9780974357041

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The Principle of Non-Discrimination in International Law by Curtis F. J. Doebbler Pdf

The principle of non-discrimination underlies society's goal of achieving relative equality among all human beings. This book by an internationally acclaimed practitioner provides the materials necessary for understanding how international law protects individuals from the discrimination. It includes treaties, other instruments, cases, and a concise description of the law. ISBN 978-0-9743-5704-1.

Author : Khurshid Hyder
Publisher : Springer Science & Business Media
Page : 287 pages
File Size : 48,7 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401190626

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Equality of Treatment and Trade Discrimination in International Law by Khurshid Hyder Pdf

Doctor Hyder's meticulous and comprehensive study throws much needed light on the often invoked but little understood concept of "discrimination" in international law. It is also of great practical value to those who are concerned with the law of international trade. "Discrimination" is a word with bad connotations. It suggests un fairness, prejudice and favouritism. It seems to point to adeparture from the ideal of equal opportunities, equal rewards and even-handed legal protection of all human beings without regard to differences of race, religion, ethnic origin or sex. Similarly, in public international law "discrimination" suggests violation of the principle of equality of states. Yet there are vast areas of international relations in whieh states are regarded as being legally free, except as specially provided in treaties, to make distinctions between other states or their nationals. The principle of equality of states merely means that the many rules constituting what is often called "general (or universal) international law" apply equally to all independent states. Hence, by definition, such states have equal rights and duties under general international law. But the latter leaves vast areas of transnational activity to be regulated by states at their discretion either unilaterally or by special agreement with other states. No state has, in fact, exactly the same totality of rights and duties as other states, since no two states are parties to exactly the same treaties. By treaty, astate often grants to another state a right which it may withhold from third states.

Author : Natan Lerner
Publisher : BRILL
Page : 217 pages
File Size : 55,6 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481541

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Group Rights and Discrimination in International Law by Natan Lerner Pdf

Group hatred, disregard for the collective aspirations of religious, ethnic or cultural minorities, genocide, ethnic cleansing, apartheid, and anti-Semitism have been at the roots of the greatest tragedies of our time and are a source of internal and international conflict. This volume studies this wide range of problems from the perspective of modern human rights law, with special emphasis on racism and religious intolerance. Also dealt with are measures adopted, or to be taken, for the protection of specific groups, including indigenous populations and migrant workers, as well as the present situation regarding the conventions against genodice, discrimination in education and labour, and the steps and declarations for the strenghtening of group identity and their advancement. Special areas such as slavery, affirmative action, and modern models to preserve the collective personality are also discussed, including protective penal measures.

Author : Stephanie Farrior
Publisher : Routledge
Page : 619 pages
File Size : 44,9 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351568036

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Equality and Non-Discrimination under International Law by Stephanie Farrior Pdf

The principles of equality and non-discrimination lie at the heart of international human rights law. They are the only human rights explicitly included in the UN Charter and they appear at the beginning of virtually every major human rights instrument. This volume contains selected works by leading authors on the subject of equality and non-discrimination under international law. The selections are grouped into four sections. The first presents essays that explore theoretical concepts of equality and non-discrimination. The next addresses the development of international legal standards on the subject. The third presents articles analyzing how those standards have been interpreted and applied by UN and regional human rights bodies, and the last contains works on what measures besides legal action States are to take to in order to achieve equality and non-discrimination.

Author : Tarunabh Khaitan
Publisher : OUP Oxford
Page : 272 pages
File Size : 41,5 Mb
Release : 2015-05-21
Category : Political Science
ISBN : 9780191066382

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A Theory of Discrimination Law by Tarunabh Khaitan Pdf

Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.

Author : Patrick Thornberry
Publisher : Oxford University Press
Page : 576 pages
File Size : 44,9 Mb
Release : 2016-07-14
Category : Law
ISBN : 9780191669675

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The International Convention on the Elimination of All Forms of Racial Discrimination by Patrick Thornberry Pdf

The Convention on the Elimination of All Forms of Racial Discrimination is the centrepiece of international efforts to address racial discrimination, defined in broad terms to include discrimination based on race, colour, descent, or national or ethnic origin. Victims of discrimination within the scope of the Convention include minorities, indigenous peoples, non-citizens, and caste or descent groups. Virtually all national societies are diverse in terms of ethnicity or 'race' and none is free from discrimination, making it one of the great issues of our time. Against the background of international human rights standards and mechanisms to counter racial and ethnic discrimination, this book provides the first comprehensive legal analysis of the provisions of the Convention on an article-by article basis. The book addresses the place of the Convention within the broader framework of international action against discrimination. The different chapters analyse and discuss broad topics of race, ethnicity, and international law, the genesis and drafting of the Convention, the aims and objectives of the Convention in light of its preamble, and principles of non-discrimination and equality. In particular, the book includes a critical appraisal of the contribution of the Convention to the eradication of racial discrimination. It also reflects on whether there is scope for modification of the substance or procedures of the Convention in light of challenges arising from enhanced transnational population movements, the intersection between discrimination on the ground of race and discrimination against religious communities, and the intersection of racial and gender-based discrimination.

Author : Anne-Marie Mooney Cotter
Publisher : Ashgate Publishing, Ltd.
Page : 384 pages
File Size : 45,8 Mb
Release : 2011
Category : Law
ISBN : 1409419347

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Class Act by Anne-Marie Mooney Cotter Pdf

Even today, class discrimination remains an important global legal issue. This book allows readers a better understanding of the issue of class discrimination and inequality, including the role of education in bridging the class systems. The study seeks to increase the likelihood of achieving equality at both the national and international levels for those suffering class discrimination, looking at the primary role of legislation, which has an impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of discrimination.

Author : Natan Lerner
Publisher : Springer
Page : 204 pages
File Size : 55,6 Mb
Release : 1991
Category : Law
ISBN : UOM:39015019420069

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Group Rights and Discrimination in International Law by Natan Lerner Pdf

6. The Apartheid Convention.

Author : Corsin Bisaz
Publisher : Martinus Nijhoff Publishers
Page : 257 pages
File Size : 47,8 Mb
Release : 2012-08-28
Category : Law
ISBN : 9789004228719

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The Concept of Group Rights in International Law by Corsin Bisaz Pdf

The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in contemporary international law. Among some of its findings is the observation that an ideological way of arguing about this legal category is widespread among scholars as well as practitioners; it sees this ideological framing as one of the main reasons why international law has so far been very reluctant to provide group rights and to call them by their name. Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through international law. Such an approach could turn group rights into an arguably minor, but nevertheless, highly relevant legal category of international law.

Author : Elisabeth Veronika Henn
Publisher : Springer
Page : 240 pages
File Size : 47,5 Mb
Release : 2019-07-03
Category : Law
ISBN : 9783662586778

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International Human Rights Law and Structural Discrimination by Elisabeth Veronika Henn Pdf

International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.

Author : Anonim
Publisher : Unknown
Page : 333 pages
File Size : 52,6 Mb
Release : 1985
Category : Electronic
ISBN : OCLC:311695798

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Equality and Discrimination Under International Law by Anonim Pdf

Author : Timo Makkonen
Publisher : Martinus Nijhoff Publishers
Page : 454 pages
File Size : 47,6 Mb
Release : 2012-01-06
Category : Law
ISBN : 9789004217065

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Equal in Law, Unequal in Fact by Timo Makkonen Pdf

An intriguing paradox characterises international and European action against discrimination. On the one hand, equality and the right to non-discrimination are key human rights and protected by an impressive line of legal documents. On the other hand, empirical studies show that discrimination is still rampant today. This book maps the gap between the rights and the reality, and examines the causes, consequences and extent of discrimination in Europe today as well as the international and European legal response to it. On the basis of this analysis, the study explains why anti-discrimination law fails to deliver, and what can be done about it. The result is of interest to scholars, students, civil society, politicians and anyone interested in equality and making it a reality.

Author : Jo Carby-Hall,Zbigniew Góral,Aneta Tyc
Publisher : Taylor & Francis
Page : 289 pages
File Size : 51,8 Mb
Release : 2022-12-14
Category : Law
ISBN : 9781000797787

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Discrimination and Employment Law by Jo Carby-Hall,Zbigniew Góral,Aneta Tyc Pdf

Presenting the issues of discrimination in employment in a multifaceted manner, this book examines the standards on anti-discrimination law for employment at international and EU levels and those deriving from national jurisdictions. Bringing together top scholars in the field of anti-discrimination employment law, this book explains the conceptual and theoretical foundations of the principle of non-discrimination in employment and assesses the most significant changes to law and ongoing challenges in the Netherlands, Poland, Germany, the UK, Australia, New Zealand, Canada, India, Switzerland and Israel. Identifying emerging trends in anti-discrimination employment law, this book offers a comparative, problem-solving approach and an in-depth analysis of new developments in both anti-discrimination statutory law and case law. Addressing employment law with a focus on anti-discrimination law and human rights law, this book will be essential reading for students, academics and practitioners working in the fields of labour and employment law, anti-discrimination law and human rights law and offers an international comparative overview of the most up-to-date issues relating to discrimination.