Resolving Conflicts Between Human Rights

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Resolving Conflicts between Human Rights

Author : Stijn Smet
Publisher : Taylor & Francis
ISBN 13 : 131721868X
Total Pages : 244 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Resolving Conflicts between Human Rights by : Stijn Smet

Download or read book Resolving Conflicts between Human Rights written by Stijn Smet and published by Taylor & Francis. This book was released on 2016-11-10 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.

Human Rights and Conflict

Author : Julie Mertus
Publisher : US Institute of Peace Press
ISBN 13 : 9781929223770
Total Pages : 586 pages
Book Rating : 4.2/5 (237 download)

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Book Synopsis Human Rights and Conflict by : Julie Mertus

Download or read book Human Rights and Conflict written by Julie Mertus and published by US Institute of Peace Press. This book was released on 2006 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Human rights and conflict' is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle.

Human Rights and Conflict Resolution in Context

Author : Eileen F. Babbitt
Publisher : Syracuse University Press
ISBN 13 : 0815651244
Total Pages : 411 pages
Book Rating : 4.8/5 (156 download)

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Book Synopsis Human Rights and Conflict Resolution in Context by : Eileen F. Babbitt

Download or read book Human Rights and Conflict Resolution in Context written by Eileen F. Babbitt and published by Syracuse University Press. This book was released on 2009-09-09 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventing sweeping human rights violations or wars and rebuilding societies in their aftermath require an approach encompassing the perspectives of both human rights advocates and practitioners of conflict resolution. While these two groups work to achieve many of the same goals—notably to end violence and loss of life—they often make different assumptions, apply different methods, and operate under different values and institutional constraints. As a result, they may adopt conflicting or even mutually exclusive approaches to the same problem. Eileen F. Babbitt and Ellen L. Lutz have collected groundbreaking essays exploring the relationship between human rights and conflict resolution. Employing a case study approach, the contributing authors examine three areas of conflict—Sierra Leone, Colombia, and Northern Ireland—from the perspectives of participants in both the peace-making and human rights efforts in each country. By spotlighting the role of activists and reflecting on what was learned in these cases, this volume seeks to push scholars and practitioners of both conflict resolution and human rights to think more creatively about the intersection of these two fields.

Resolving Conflicts between Human Rights

Author : Stijn Smet
Publisher : Routledge
ISBN 13 : 1317218671
Total Pages : 390 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Resolving Conflicts between Human Rights by : Stijn Smet

Download or read book Resolving Conflicts between Human Rights written by Stijn Smet and published by Routledge. This book was released on 2016-11-10 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.

Resolving Conflicts Between Human Rights

Author : Stijn Smet
Publisher :
ISBN 13 :
Total Pages : 373 pages
Book Rating : 4.:/5 (91 download)

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Book Synopsis Resolving Conflicts Between Human Rights by : Stijn Smet

Download or read book Resolving Conflicts Between Human Rights written by Stijn Smet and published by . This book was released on 2014 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Methods of Resolving Conflicts between Treaties

Author : Seyed-Ali Sadat-Akhavi
Publisher : BRILL
ISBN 13 : 9004482083
Total Pages : 285 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Methods of Resolving Conflicts between Treaties by : Seyed-Ali Sadat-Akhavi

Download or read book Methods of Resolving Conflicts between Treaties written by Seyed-Ali Sadat-Akhavi and published by BRILL. This book was released on 2021-10-18 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues.

Human Rights and Conflict Resolution

Author : Claudia Fuentes Julio
Publisher : Routledge
ISBN 13 : 1315409356
Total Pages : 309 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Human Rights and Conflict Resolution by : Claudia Fuentes Julio

Download or read book Human Rights and Conflict Resolution written by Claudia Fuentes Julio and published by Routledge. This book was released on 2017-11-22 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights and conflict resolution have been traditionally perceived as two separate fields, sometimes in competition or in tension and occasionally with contradictory approaches towards achieving a lasting peace. Although human rights norms have been incorporated and institutionalized by various national, regional, and international organizations that deal with conflict resolution, negotiators and mediators are often pressured in practice to overlook international human rights principles in favor of compliance and more immediate outcomes. The chapters in this volume navigate the relationship between human rights and conflict resolution by fleshing out practical, conceptual, and institutional encounters of the two agendas and engaging with lessons learned and windows of opportunities for mutual learning. Recognizing the increasing relevance of this debate and important gaps in the current research on the topic, this book addresses the following questions: How can we improve our practical and theoretical understanding of the complementarity between human rights and conflict resolution? How would a human rights-based approach to conflict resolution look like? How are international, regional, and national organizations promoting, implementing, and/or adapting to better coordinate between human rights and conflict resolution? Building on empirical evidence from contemporary conflict resolution processes, how have human rights been integrated in different efforts on the ground? What are the main lessons learned in this regard? Examining a wide range of countries and issues, this work is essential reading for human rights, conflict resolution, and security experts including scholars, diplomats, policy-makers, civil society representatives, and students of international politics.

Human Rights and Conflict

Author : Julie Mertus
Publisher : US Institute of Peace Press
ISBN 13 : 9781929223763
Total Pages : 580 pages
Book Rating : 4.2/5 (237 download)

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Book Synopsis Human Rights and Conflict by : Julie Mertus

Download or read book Human Rights and Conflict written by Julie Mertus and published by US Institute of Peace Press. This book was released on 2006 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Human rights and conflict' is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle.

Resolving Conflicts of Laws

Author : Mark James Leeming
Publisher :
ISBN 13 : 9781862878259
Total Pages : 258 pages
Book Rating : 4.8/5 (782 download)

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Book Synopsis Resolving Conflicts of Laws by : Mark James Leeming

Download or read book Resolving Conflicts of Laws written by Mark James Leeming and published by . This book was released on 2011 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resolving Conflicts of Laws was cited 6 times by the High Court in Momcilovic v The Queen (2011) 2451 CLR 1; [2011] HCA 34. It has also been cited in the Same-Sex Marriage Case (Commonwealth of Australia v Australian Capital Territory) (2013) 250 CLR 441; [2013] HCA 55 at [61], in Plaintiff M47-2012 v Director General of Security (2012) 251 CLR 1; [2012] HCA 46 at [54] and [136], in Sportsbet Pty Ltd v New South Wales (2012) 249 CLR 298; [2012] HCA 13 at [10], in CFMEU v Director of the Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464; [2013] FCAFC 25 at [61]; in Wreck Bay Aboriginal Community Council v Williams [2017] ACTCA 46 at [45] and [47] and in a large number of other appellate and first instance decisions. An important feature in all legal systems, but especially in federations whose polities have overlapping legislative powers, is that those laws regularly conflict - or at least are claimed to conflict. Any coherent legal system must have principles for resolving such conflicts. Those principles are of immense practical as well as theoretical importance. This book, which straddles constitutional law and statutory interpretation, describes and analyses those principles.This book does not merely address the conflicts between Commonwealth and State laws resolved by the Constitution (although it does that and in detail). It analyses the resolution of all of the conflicts of laws that occur in the Australian legal system: conflicts between laws enacted by the same Parliament and indeed within the same statute, conflicts between Commonwealth, State, Territory, Imperial laws and delegated legislation.After identifying the laws in force in Australia, the chapters deal with:conflicts in laws made by the same legislature, focussing on the interpretative process of statutory construction;repugnancy, a doctrine with continuing vitality in the areas of s79 of the Judiciary Act, delegated legislation and Territory laws;conflicts between laws of the Commonwealth and State laws, proposing that the categories of inconsistency (commonly three: direct, indirect and "covering the field") are best seen aspects of a single constitutional concept;conflicts between the laws of two States, andconflicts involving the laws of the self-governing Territories

International Conflict Resolution After the Cold War

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309171733
Total Pages : 640 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis International Conflict Resolution After the Cold War by : National Research Council

Download or read book International Conflict Resolution After the Cold War written by National Research Council and published by National Academies Press. This book was released on 2000-11-07 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.

Resolving Human-Wildlife Conflicts

Author : Michael R. Conover
Publisher : CRC Press
ISBN 13 : 1420032585
Total Pages : 442 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Resolving Human-Wildlife Conflicts by : Michael R. Conover

Download or read book Resolving Human-Wildlife Conflicts written by Michael R. Conover and published by CRC Press. This book was released on 2001-08-29 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: As more and more people crowd onto less and less land, incidences of human-wildlife conflicts will only increase. A comprehensive overview of this emerging field, Resolving Human-Wildlife Conflicts: The Science of Wildlife Damage Management discusses the issues facing wildlife managers and anyone else dealing with interactions between wildlife and

War, Conflict and Human Rights

Author : Chandra Lekha Sriram
Publisher : Routledge
ISBN 13 : 1135019460
Total Pages : 272 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis War, Conflict and Human Rights by : Chandra Lekha Sriram

Download or read book War, Conflict and Human Rights written by Chandra Lekha Sriram and published by Routledge. This book was released on 2014-01-16 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: "War, Conflict and Human Rights is an innovative, interdisciplinary textbook combining aspects of law, politics, and conflict analysis to examine the relationship between human rights and armed conflict. This second edition has been revised and updated, making use of both theoretical and practical approaches. Over the course of the book, the authors: - examine the tensions and complementarities between protection of human rights and resolution of conflict, including the competing political demands and the challenges posed by internal armed conflict; - analyse the different obligations and legal regimes applicable to state and non-state actors, including non-state armed groups, multinational corporations and private military and security companies; - explore the scope and effects of human rights violations in contemporary armed conflicts, such as those in Sierra Leone, Sudan, the Democratic Republic of Congo, the former Yugoslavia, and Cambodia, and reflect on recent events of the "Arab Spring"; - assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law, and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court, as well as other mechanisms of transitional justice; - discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights, and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security and international relations, generally"--

International Conflict Resolution After the Cold War

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309070279
Total Pages : 641 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis International Conflict Resolution After the Cold War by : National Research Council

Download or read book International Conflict Resolution After the Cold War written by National Research Council and published by National Academies Press. This book was released on 2000-12-07 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.

Resolving Conflicts in the Law

Author : Chiara Giorgetti
Publisher : BRILL
ISBN 13 : 9004316531
Total Pages : 435 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Resolving Conflicts in the Law by : Chiara Giorgetti

Download or read book Resolving Conflicts in the Law written by Chiara Giorgetti and published by BRILL. This book was released on 2019-01-03 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resolving Conflicts in the Law, edited by Chiara Giorgetti and Natalie Klein, honours the significant intellectual contribution of Professor Lea Brilmayer with essays from leading scholars and practitioners on conflicts of law and public international law.

Context and Pretext in Conflict Resolution

Author : Kevin Avruch
Publisher : Routledge
ISBN 13 : 1317262050
Total Pages : 244 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Context and Pretext in Conflict Resolution by : Kevin Avruch

Download or read book Context and Pretext in Conflict Resolution written by Kevin Avruch and published by Routledge. This book was released on 2015-11-17 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a distinguished scholar, this book explores themes of culture, identity, and power as they relate to conceptions of practice in conflict resolution and peacebuilding. Among the topics covered are ethnic and identity conflicts; culture, relativism and human rights; post-conflict trauma and reconciliation; and modeling varieties of conflict resolution practice. Context and Pretext in Conflict Resolution is the winner of the 2014 Conflict Research Society Book of the Year Prize.

On Human Rights

Author : James Griffin
Publisher : OUP Oxford
ISBN 13 : 9780199238781
Total Pages : 0 pages
Book Rating : 4.2/5 (387 download)

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Book Synopsis On Human Rights by : James Griffin

Download or read book On Human Rights written by James Griffin and published by OUP Oxford. This book was released on 2008-02-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? James Griffin offers answers in his compelling new investigation of human rights.

When Human Rights Clash at the European Court of Human Rights

Author : Stijn Smet
Publisher : Oxford University Press
ISBN 13 : 0198795955
Total Pages : 289 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis When Human Rights Clash at the European Court of Human Rights by : Stijn Smet

Download or read book When Human Rights Clash at the European Court of Human Rights written by Stijn Smet and published by Oxford University Press. This book was released on 2017 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions. When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe's human rights court.