The International Law Of Human Rights And States Of Exception

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The International Law of Human Rights and States of Exception

Anna-Lena Svensson-McCarthy
The International Law of Human Rights and States of Exception Book PDF

Author : Anna-Lena Svensson-McCarthy
Publisher : BRILL
Page : 808 pages
File Size : 41,7 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.

State of Exception

Giorgio Agamben
State of Exception Book PDF

Author : Giorgio Agamben
Publisher : University of Chicago Press
Page : 108 pages
File Size : 55,9 Mb
Release : 2008-07-18
Category : Philosophy
ISBN : 9780226009261

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State of Exception by Giorgio Agamben Pdf

Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

States of Exception

Costas Douzinas
States of Exception Book PDF

Author : Costas Douzinas
Publisher : Edward Elgar Publishing
Page : 273 pages
File Size : 48,8 Mb
Release : 2023-12-11
Category : Law
ISBN : 9781800376441

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States of Exception by Costas Douzinas Pdf

Considering the major crises Europe has faced over the last three decades, this unique book offers a multidisciplinary examination of the ways in which law, human rights and politics have evolved and were affected by recent emergencies.

Human Rights in States of Emergency in International Law

Jaime Oraá
Human Rights in States of Emergency in International Law Book PDF

Author : Jaime Oraá
Publisher : Unknown
Page : 320 pages
File Size : 53,7 Mb
Release : 1992
Category : Law
ISBN : UOM:39015025015408

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Human Rights in States of Emergency in International Law by Jaime Oraá Pdf

In the last decade, grave violations of human rights have occurred during states of emergency such as armed conflict, subversion, and terrorism. Many sovereign states are notorious for using a state of emergency as an excuse for breaching human rights, and one of the most important problems in the international protection of human rights is that of identifying the standards governing these rights. This volume examines human rights in the context of treaty law and general international law. It analyzes the rules, principles, and obligations which international law has developed to cope with these situations.

Empire, Emergency and International Law

John Reynolds
Empire Emergency and International Law Book PDF

Author : John Reynolds
Publisher : Cambridge University Press
Page : 343 pages
File Size : 43,5 Mb
Release : 2017-08-10
Category : Law
ISBN : 9781107172517

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Empire, Emergency and International Law by John Reynolds Pdf

This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.

Human Rights in Crisis

Joan M. Fitzpatrick
Human Rights in Crisis Book PDF

Author : Joan M. Fitzpatrick
Publisher : University of Pennsylvania Press
Page : 276 pages
File Size : 52,9 Mb
Release : 2018-01-15
Category : Political Science
ISBN : 9781512815924

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Human Rights in Crisis by Joan M. Fitzpatrick Pdf

Recent events in South America, central Europe, Africa, and Russia have again brought to the world's attention the complex interrelationship between states of emergency and the preservation of fundamental human rights. In Human Rights in Crisis, Joan Fitzpatrick offers the first systematic and comprehensive effort to examine the multifaceted system for monitoring human rights abuses under "states of exception." Unlike previous studies, this book does not focus on substantive norms governing crises, but rather on how those norms might best be implemented. Building upon her six-year study for the International Law Association, the author confronts the difficulties in defining a coherent concept of emergency, particularly the various forms of de facto emergencies that have been relatively neglected by international monitors. She also profiles and carefully critiques the numerous international bodies that have monitored human rights abuses during states of exception. These bodies include not only the treaty organs of the United Nations, the Council of Europe, and the Organization of American States but also the political organs of the United Nations (especially the Commission on Human Rights), the International Labor Organization, and the emerging structures of the Conference on Security and Cooperation in Europe.

States of Exception in American History

Gary Gerstle,Joel Isaac
States of Exception in American History Book PDF

Author : Gary Gerstle,Joel Isaac
Publisher : University of Chicago Press
Page : 375 pages
File Size : 45,6 Mb
Release : 2020-10-19
Category : History
ISBN : 9780226712321

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States of Exception in American History by Gary Gerstle,Joel Isaac Pdf

States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.

States of Exception Or Exceptional States

Simon Mabon,Sanaa Al Sarghali,Adel Ruished
States of Exception Or Exceptional States Book PDF

Author : Simon Mabon,Sanaa Al Sarghali,Adel Ruished
Publisher : Bloomsbury Publishing
Page : 249 pages
File Size : 45,6 Mb
Release : 2022-08-11
Category : History
ISBN : 9780755626427

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States of Exception Or Exceptional States by Simon Mabon,Sanaa Al Sarghali,Adel Ruished Pdf

This book explores the application of the work of the philosopher Giorgio Agamben to the post-Arab Uprisings in the Middle East, considering the evolution of regime-society relations that ultimately erupted in violence in the early months of 2011. Agamben's ideas of the state of exception and bare life provide important intellectual tools to understand the nature of sovereignty and the regulation of life, which has largely been missing in the study of the region. Filling a theoretical and empirical gap by exploring the concept of the 'state of exception' via a multidisciplinary approach, Simon Mabon, Sanaa Alsarghali and contributors in the fields of political science, law and philosophy offer a unique set of perspectives analysing how politics and law combine to facilitate the misuse of executive powers.

Human Rights in Emergencies

Evan J. Criddle
Human Rights in Emergencies Book PDF

Author : Evan J. Criddle
Publisher : Cambridge University Press
Page : 303 pages
File Size : 46,6 Mb
Release : 2016-07-21
Category : Law
ISBN : 9781107115835

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Human Rights in Emergencies by Evan J. Criddle Pdf

This book examines current debates about how international human rights law regulates national authorities and international institutions during emergencies.

Protecting the right to freedom of expression under the European Convention on Human Rights

Bychawska-Siniarska, Dominika
Protecting the right to freedom of expression under the European Convention on Human Rights Book PDF

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 49,7 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Counter-terrorism and the Detention of Suspected Terrorists

Claire Macken
Counter terrorism and the Detention of Suspected Terrorists Book PDF

Author : Claire Macken
Publisher : Routledge
Page : 233 pages
File Size : 51,7 Mb
Release : 2013-03
Category : Law
ISBN : 9781136741876

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Counter-terrorism and the Detention of Suspected Terrorists by Claire Macken Pdf

In a regional, national and global response to terrorism, the emphasis necessarily lies on preventing the next terrorist act. Yet, with prevention comes prediction: the need to identify and detain those considered likely to engage in a terrorist act in the future. The detention of ‘suspected terrorists’ is intended, therefore, to thwart a potential terrorist act recognising that retrospective action is of no consequence given the severity of terrorist crime. Although preventative steps against those reasonably suspected to have an intention to commit a terrorist act is sound counter-terrorism policy, a law allowing arbitrary arrest and detention is not. A State must carefully enact anti-terrorism laws to ensure that preventative detention does not wrongly accuse and grossly slander an innocent person, nor allow a terrorist to evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the ‘principle of proportionality’; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR.

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

Zena Prodromou
The Public Order Exception in International Trade Investment Human Rights and Commercial Disputes Book PDF

Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 42,5 Mb
Release : 2020-08-12
Category : Law
ISBN : 9789403520018

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The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by Zena Prodromou Pdf

In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Courts, Politics and Constitutional Law

Martin Belov
Courts Politics and Constitutional Law Book PDF

Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 53,5 Mb
Release : 2019-10-16
Category : Law
ISBN : 9781000707977

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Courts, Politics and Constitutional Law by Martin Belov Pdf

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Human Rights in War

Damien Rogers
Human Rights in War Book PDF

Author : Damien Rogers
Publisher : Unknown
Page : 0 pages
File Size : 46,8 Mb
Release : 2020
Category : Electronic
ISBN : 9811552029

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Human Rights in War by Damien Rogers Pdf

This volume is the most comprehensive and up-to-date compilation of in-depth analyses on human rights violations committed in war. It offers myriad perspectives on the content and application of legal protections offered to civilians, including women, children and the elderly, and to others who are 'no longer active in the fight.' A series of carefully researched case studies illustrates the extent to which human rights violations occur in recent and current armed conflict, and signals the ways in which these violations are dealt with. Each of the contributing authors has been selected on the basis of their international academic reputation and/or professional standing within the human rights field. Given the alarming numbers of people harmed in recent and current armed conflict, this book will be of great interest to researchers, policymakers and opinion-shapers alike.

International Humanitarian Law and Human Rights Law

Roberta Arnold,Noëlle Quénivet
International Humanitarian Law and Human Rights Law Book PDF

Author : Roberta Arnold,Noëlle Quénivet
Publisher : BRILL
Page : 608 pages
File Size : 43,9 Mb
Release : 2008-06-25
Category : Law
ISBN : 9789047431879

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International Humanitarian Law and Human Rights Law by Roberta Arnold,Noëlle Quénivet Pdf

Drawing upon previous theories on the relationship between human rights law and international humanitarian law, this book examines on the basis of a series of individual case-studies the new theoretical trend arguing for a merge of these two sets of norms.