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Author : K. Tomaisevski
Publisher : Springer
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.F/5 ( download)
Download or read book Responding to Human Rights Violations, 1946-1999 written by K. Tomaisevski and published by Springer. This book was released on 2000-08-08 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Horn of Africa
Author : Katarina Tomaševski
Publisher : BRILL
ISBN 13 : 9004478655
Total Pages : 438 pages
Book Rating : 4.0/5 (44 download)
Download or read book Responding to Human Rights Violations, 1946-1999 written by Katarina Tomaševski and published by BRILL. This book was released on 2021-10-05 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9004152768
Total Pages : 528 pages
Book Rating : 4.0/5 (41 download)
Download or read book Responding to International Crime written by Geoff Gilbert and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 0192863045
Total Pages : 289 pages
Book Rating : 4.1/5 (928 download)
Download or read book Serious Violations of Human Rights written by Ilia Siatitsa and published by Oxford University Press. This book was released on 2022-06-09 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Collected Courses of the Acade
ISBN 13 : 0199683735
Total Pages : 529 pages
Book Rating : 4.1/5 (996 download)
Download or read book Human Rights written by Christian Tomuschat and published by Collected Courses of the Acade. This book was released on 2014 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavors to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.
Author : Tom Obokata
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004154051
Total Pages : 266 pages
Book Rating : 4.0/5 (41 download)
Download or read book Trafficking of Human Beings from a Human Rights Perspective written by Tom Obokata and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9789041119100
Total Pages : 350 pages
Book Rating : 4.1/5 (191 download)
Download or read book Human Rights Functions of United Nations Peacekeeping Operations written by Mari Katayanagi and published by Martinus Nijhoff Publishers. This book was released on 2002-09-25 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9004481559
Total Pages : 448 pages
Book Rating : 4.0/5 (44 download)
Download or read book The EU's Approach to Human Rights Conditionality in Practice written by Elena Fierro and published by BRILL. This book was released on 2021-10-18 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9401759324
Total Pages : 433 pages
Book Rating : 4.4/5 (17 download)
Download or read book The Ombudsman, Good Governance and the International Human Rights System written by Linda C. Reif and published by Springer. This book was released on 2013-12-19 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9004481532
Total Pages : 283 pages
Book Rating : 4.0/5 (44 download)
Download or read book Equality and Non-Discrimination under the European Convention on Human Rights written by Oddný Mjöll Arnadóttir and published by BRILL. This book was released on 2021-10-18 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9789041117311
Total Pages : 486 pages
Book Rating : 4.1/5 (173 download)
Download or read book The African Human Rights System written by Vincent Obisienunwo Orlu Nmehielle and published by Martinus Nijhoff Publishers. This book was released on 2001-12-11 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: 4. Right to Peace.
Author : B. G. Ramcharan
Publisher : BRILL
ISBN 13 : 9004148477
Total Pages : 439 pages
Book Rating : 4.0/5 (41 download)
Download or read book Human Rights Protection in the Field written by B. G. Ramcharan and published by BRILL. This book was released on 2006 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9004481958
Total Pages : 592 pages
Book Rating : 4.0/5 (44 download)
Download or read book Human Rights: Universality and Diversity written by Eva Brems and published by BRILL. This book was released on 2021-10-18 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : H. D. C. Roscam Abbing
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004148221
Total Pages : 295 pages
Book Rating : 4.0/5 (41 download)
Download or read book Health Law, Human Rights And the Biomedicine Convention written by H. D. C. Roscam Abbing and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900415423X
Total Pages : 433 pages
Book Rating : 4.0/5 (41 download)
Download or read book Mental Disability And the European Convention on Human Rights written by Peter Bartlett and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Carmen Tiburcio
Publisher : BRILL
ISBN 13 : 9004478523
Total Pages : 348 pages
Book Rating : 4.0/5 (44 download)
Download or read book The Human Rights of Aliens under International and Comparative Law written by Carmen Tiburcio and published by BRILL. This book was released on 2021-10-18 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with the basic human rights of aliens from the perspective of international and comparative law. It examines the rules regarding treatment of aliens and the extent to which these rules have been adopted in the domestic legislation of more than 40 different states. It aims to achieve two basic goals: 1) to define the status of aliens under international law, that is, which rights are granted to every person by international instruments; and 2) to establish whether this set of rules has been adopted by the domestic legislation of the states under review. The author classifies the basic human rights of aliens into seven different categories, namely: 1) fundamental rights; 2) private rights; 3) social and cultural rights; 4) economic rights; 5) political rights; 6) public rights; and 7) procedural rights. For each of these categories she reviews opinions of international legal commentators, decisions of international and regional tribunals, as well as national legislation, domestic court decisions, and opinions of local authorities.
Author : Natan Lerner
Publisher : BRILL
ISBN 13 : 9004481540
Total Pages : 217 pages
Book Rating : 4.0/5 (44 download)
Download or read book Group Rights and Discrimination in International Law written by Natan Lerner and published by BRILL. This book was released on 2021-10-18 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
