The Transformation Of The Prohibition Of Torture In International Law

Author : Lutz Oette
Publisher : Oxford University Press
Page : 369 pages
File Size : 49,6 Mb
Release : 2024-06-04
Category : Law
ISBN : 9780198885764

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The Transformation of the Prohibition of Torture in International Law by Lutz Oette Pdf

The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.

Author : Professor of International Human Rights Law Lutz Oette
Publisher : Unknown
Page : 0 pages
File Size : 42,5 Mb
Release : 2024-08-16
Category : Law
ISBN : 0198885628

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The Transformation of the Prohibition of Torture in International Law by Professor of International Human Rights Law Lutz Oette Pdf

This book analyses the nature, significance, and implications of the transformation of the prohibition of torture and other cruel, inhuman treatment or punishment in international law. Through an integrated human rights approach, it argues that the prohibition plays a critical role in highlighting and addressing widespread structural suffering.

Author : Morten Bergsmo,Emiliano J. Buis
Publisher : Torkel Opsahl Academic EPublisher
Page : 340 pages
File Size : 41,9 Mb
Release : 2019-02-21
Category : Law
ISBN : 9788283481204

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Philosophical Foundations of International Criminal Law by Morten Bergsmo,Emiliano J. Buis Pdf

Author : Simon Frankel Pratt
Publisher : Cambridge University Press
Page : 229 pages
File Size : 44,7 Mb
Release : 2022-01-13
Category : Political Science
ISBN : 9781316515174

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Normative Transformation and the War on Terrorism by Simon Frankel Pratt Pdf

Sociological analysis of the transformation of prohibitions on assassination, torture, and mercenaries as components of the US War on Terror.

Author : H. Danelius,Herman Burgers
Publisher : BRILL
Page : 283 pages
File Size : 47,5 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004478305

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The United Nations Convention Against Torture by H. Danelius,Herman Burgers Pdf

Author : Max Hilaire
Publisher : Logos Verlag Berlin GmbH
Page : 295 pages
File Size : 47,9 Mb
Release : 2021-12-17
Category : Law
ISBN : 9783832553500

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The Evolution and Transformation of International Law by Max Hilaire Pdf

Developments in International Law, from the Peace of Westphalia to the Post-United Nations Charter

Author : Anne Lise Kjaer,Joanna Lam
Publisher : Oxford University Press
Page : 361 pages
File Size : 44,5 Mb
Release : 2022
Category : Language Arts & Disciplines
ISBN : 9780190855208

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Language and Legal Interpretation in International Law by Anne Lise Kjaer,Joanna Lam Pdf

Language and Legal Interpretation in International Law sheds light on the complicated process of language interpretation that adjudicators (judges and arbitrators) and legal practitioners adopt when they act within international legal systems. The book also analyzes the role that language and the diversity of languages and national legal cultures plays in different international legal systems.

Author : Dinah Shelton
Publisher : OUP Oxford
Page : 752 pages
File Size : 55,7 Mb
Release : 2011-09-29
Category : Law
ISBN : 9780191029769

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International Law and Domestic Legal Systems by Dinah Shelton Pdf

Different countries incorporate and interpret international law in different ways. This book provides a systematic analysis of the domestic constitutional regime of over two dozen countries, setting out the status accorded to international law in those countries and its normative weight, as well as problems relating to its implementation. This country-by-country comparison allows the book to examine how the international legal order and domestic legal systems interact and influence each other. Through a series of chapters on the role of international law in 27 countries throughout the world, it shows a growing tendency towards greater democratic participation in treaty-making coupled with a significant utilization of informal agreements that by-pass such participation, as well as a role for non-binding normative instruments as persuasive authority in domestic judicial decision-making. The chapters suggest a stronger attachment to international law in legal systems that have survived a period of repression, resulting in many cases in a higher normative status for international human rights instruments in those states. The impact of the European Union on the constitutional order of its member states is also examined.

Author : Richard Carver,Lisa Handley
Publisher : Oxford University Press
Page : 688 pages
File Size : 46,8 Mb
Release : 2016
Category : Law
ISBN : 9781781383308

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Does Torture Prevention Work? by Richard Carver,Lisa Handley Pdf

In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.

Author : Heike Krieger,Andrea Liese
Publisher : Oxford University Press
Page : 369 pages
File Size : 41,7 Mb
Release : 2023-04-28
Category : Law
ISBN : 9780192668363

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Tracing Value Change in the International Legal Order by Heike Krieger,Andrea Liese Pdf

International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.

Author : Nigel Rodley,Matt Pollard
Publisher : OUP Oxford
Page : 750 pages
File Size : 49,6 Mb
Release : 2009-08-13
Category : Law
ISBN : 9780191024504

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The Treatment of Prisoners under International Law by Nigel Rodley,Matt Pollard Pdf

This is the third edition of the pioneering work that has become the standard text in the field. The first edition was one of the earliest to establish that the newly-developing international law of human rights could be set down as any other branch of international law. It also incorporates the complementary fields of international humanitarian law and international criminal law, while addressing the problems associated with their interaction with human rights law. The book is more than a descriptive analysis of the field. It acknowledges areas of unclarity or where developments may be embryonic. Solutions are offered. Recent developments have confirmed the value of solutions proposed in this edition and the previous one. Central to most of the chapters is the human rights norm of most salience in the treatment of prisoners, namely, the prohibition of torture and cruel, inhuman or degrading treatment or punishment. The early chapters focus on the period of first detention, when detainees are most at risk of having information or confessions, however unreliable, extracted by unlawful means. Voices contemplating the legitimacy of such treatment to combat terrorism have been heard in the wake of the atrocities of 11 September 2001. The book finds that the evidence clearly suggests that the absolute prohibition of such treatment remains firm. Other chapters deal with problems of poor prison conditions and of certain extraordinary penalties, notably corporal and capital punishment. A chapter explores ethical codes for members of professions capable of inflicting or preventing the prohibited behaviour (police and medical and legal professionals). Chapters are also devoted to the extreme practice of enforced disappearance and the contribution of the new convention on this phenomenon, as well as to extra-legal executions.

Author : kameel ahmady,کامیل احمدي
Publisher : Avaye Buf
Page : 128 pages
File Size : 51,9 Mb
Release : 2024-06-16
Category : Education
ISBN : 9788793926905

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The Forbidden Tale by kameel ahmady,کامیل احمدي Pdf

Gender is one of the most important aspects of human life. It encompasses sexual identities and roles, sexual orientation, lust, pleasure, intimacy, and reproduction. It can also include people’s thoughts, dreams, desires, beliefs, views, values, behaviors, practices, roles, and relationships; but these aspects are not always directly experienced or expressed. Gender is affected by biological, psychological, social, economic, cultural, moral, legal, historical, religious and spiritual interactions. There is little in the way of media coverage or reports about the Iranian LGBT community, and most of these reports are documentaries about people who have left Iran and live in another country. There has been only limited research on the experience of LGB communities in contemporary Iranian society and their views concerning this community. The research for Forbidden Tale seeks to fill this knowledge gap, and is the first research about the LGB community in Iran and the distinctive contexts in which this community functions. The anthropological and fieldwork study of LGB people in Iran by Kameel Ahmady and his team examines the field of gender by looking at the many complex aspects of sexual identity and its intricacies in that community, in the context of an increasing recognition of sexual orientation and the challenges that current practices of LGB and gender in Iran present. Myths and narratives that have often led to misconceptions about gender, and the mistaken policies and practices which ensue from them, are examined to provide a more holistic approach. This study is complex because it enters the realm of private and public life in today’s Iran beyond a simple and general view of sexual orientation and gender-related Impressions. This research first focused on in-depth interviews of over 300 LGB people, 60% male and 40% female, in the three metropolitan cities of Tehran, Mashhad and Isfahan. One specific feature of the research is that it focuses solely on LGB and on trans-sex people who have both male and female sexes, both of which are active at the same time. The focus is on challenges arising from present-day changes in gender relations and interaction in Iran, examining the theoretical and methodological frameworks created by the LGBT community, as well as by universities and research centers, public and social activists, and students outside that community. The main goals of this research project are to understand LGB community’s feelings and beliefs through a critical analysis of their own perspective, and to examine their challenges in living in a religious, class-based, traditional and patriarchal society that rejects LGB as an identity. The vulnerability of LGBT people in Iran has been routinely suppressed. The aim now is to clarify the situation of those who have been deliberately ignored and marginalized. The present study takes advantage of a combination of methods and approaches in order to provide a theoretical method suited for research on LGBT experience and nevertheless, to encompass the feelings and perceptions of the researcher as an ‘objectivity’ in the research confirmation criteria. This research was conducted between 2017-2018 and field data were collected in summer and autumn, 2017. #discrimination_in_Iran #gender_problem_in_Iran #discrimination # gender #women #gay #lesbian #bisexual #transsexual #lgbtq #lgbt #LGBTQ_in_Iran #LGBT_in_Iran #LGB_ right_in_Iran #LGBT_ discrimination_Iran #Homophobia_in_Iran #Gay_Lesbian_Bisexual_in_Iran #Homosexuality_in_Iran

Author : Jutta Brunnée,Stephen J. Toope
Publisher : Cambridge University Press
Page : 128 pages
File Size : 44,5 Mb
Release : 2010-08-05
Category : Law
ISBN : 9781139491471

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Legitimacy and Legality in International Law by Jutta Brunnée,Stephen J. Toope Pdf

It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

Author : Dire Tladi
Publisher : BRILL
Page : 806 pages
File Size : 42,6 Mb
Release : 2021-08-16
Category : Law
ISBN : 9789004464124

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Peremptory Norms of General International Law (Jus Cogens) by Dire Tladi Pdf

Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.

Author : Balakrishnan Rajagopal
Publisher : Cambridge University Press
Page : 363 pages
File Size : 55,8 Mb
Release : 2003-11-06
Category : Political Science
ISBN : 9781139438230

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International Law from Below by Balakrishnan Rajagopal Pdf

The emergence of transnational social movements as major actors in international politics - as witnessed in Seattle in 1999 and elsewhere - has sent shockwaves through the international system. Many questions have arisen about the legitimacy, coherence and efficiency of the international order in the light of the challenges posed by social movements. This book offers a fundamental critique of twentieth-century international law from the perspective of Third World social movements. It examines in detail the growth of two key components of modern international law - international institutions and human rights - in the context of changing historical patterns of Third World resistance. Using a historical and interdisciplinary approach, Rajagopal presents compelling evidence challenging debates on the evolution of norms and institutions, the meaning and nature of the Third World as well as the political economy of its involvement in the international system.