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States Of Emergency And Human Rights Protection
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Book Synopsis Human Rights in Emergencies by : Evan J. Criddle
Download or read book Human Rights in Emergencies written by Evan J. Criddle and published by Cambridge University Press. This book was released on 2016-07-21 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines current debates about how international human rights law regulates national authorities and international institutions during emergencies.
Book Synopsis States of Emergency and Human Rights Protection by : Monika Florczak-Wątor
Download or read book States of Emergency and Human Rights Protection written by Monika Florczak-Wątor and published by Taylor & Francis. This book was released on 2024-02-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emergencies are ubiquitous in 21st-century societal discourses. From the rise of emergency pronouncements in the United States since 9/11 accompanied by the associated violations of fundamental rights, through talks of ‘crises’ in the EU in relation to the economy, Putin’s occupation of Crimea (as recently amplified by the full-scale invasion of Ukraine) or refugees, to the long-neglected looming climate catastrophe, emergency discourses have been catapulted to the centre of attention by the critical juncture of the COVID-19 pandemic. This volume presents and compares the existing regulations and practices of emergencies and human rights protection in the Visegrad (V4) countries. As such, the analysis covers Czech Republic, Hungary, Poland, and Slovakia. Although these European countries share a common historical experience and are now members of the EU and NATO, they differ in some of their constitutional traditions and, also, in the dynamics of their political regimes. Divided into three parts, the first two comprehensively discuss the constitutional models of emergency and human rights protection in each of the V4 countries, while the third part illustrates how these models and the general framework of rights protection materialised in the limitations of the selected human rights during the COVID-19 pandemic. The volume provides a compass for more in-depth, comparative, and interdisciplinary inquiries into the forms and practices of emergencies in one of the EU regions that faces illiberalisation and the consequences of the ongoing invasion of Ukraine by the Russian Federation on its eastern borders. It will be a valuable resource for academics, researchers, and policymakers working in the areas of Constitutional Law and Politics.
Book Synopsis Human Rights in Crisis by : Joan M. Fitzpatrick
Download or read book Human Rights in Crisis written by Joan M. Fitzpatrick and published by University of Pennsylvania Press. This book was released on 2018-01-15 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Human Rights in States of Emergency in International Law by : Jaime Oraá
Download or read book Human Rights in States of Emergency in International Law written by Jaime Oraá and published by . This book was released on 1992 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The International Law of Human Rights and States of Exception by : Anna-Lena Svensson-McCarthy
Download or read book The International Law of Human Rights and States of Exception written by Anna-Lena Svensson-McCarthy and published by BRILL. This book was released on 2021-09-27 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Human Rights in War by : Damien Rogers
Download or read book Human Rights in War written by Damien Rogers and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Comparative Constitutional Law by : Tom Ginsburg
Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Book Synopsis States of Emergency and the Law by : M. Ehteshamul Bari
Download or read book States of Emergency and the Law written by M. Ehteshamul Bari and published by Taylor & Francis. This book was released on 2017-07-06 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- General issues concerning the powers of emergency and the evolution of these powers in the Indo-Pak-Bangladesh -- Suspension of the fundamental rights and the exercise of the power of preventive dentention during emergencies in the Indo-Pak-Bangladesh subcontinent -- Devising and developing a standard emergency model -- THe emergencies proclaimed in Bangladesh on five occasions from 1974 to 2007 and their justifiction -- Impact of the five proclamations of emergency in Bangladesh on the fundamental rights of individuals -- Preventive detention laws in Bangladesh, their exercise during the five proclamations of emergency and judicial response to such exercise -- Conclusion
Book Synopsis States of Emergency by : International Commission of Jurists (1952- )
Download or read book States of Emergency written by International Commission of Jurists (1952- ) and published by . This book was released on 1983 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Declaration had ceased to exist.
Book Synopsis Law in Times of Crisis by : Oren Gross
Download or read book Law in Times of Crisis written by Oren Gross and published by Cambridge University Press. This book was released on 2006-10-30 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
Book Synopsis Post 9/11 and the State of Permanent Legal Emergency by : Aniceto Masferrer
Download or read book Post 9/11 and the State of Permanent Legal Emergency written by Aniceto Masferrer and published by Springer Science & Business Media. This book was released on 2012-05-09 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The terrorist attacks occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Atrocities like the 9/11 attacks, the Madrid train bombings of March 2003, and the terrorist act to the United Kingdom of July 2005 threatened the life of democratic nations. The volume explores the response of democratic nation-states to the problems of terrorism and counter-terrorism within the framework of the Rule of Law. One of the primary subjects of study is the ways in which the interests of the state (security from external threats, the maintenance of civil peace, and the promotion of the commonwealth) are balanced or not with the liberty and freedom of the citizens of the state. The distinctive aspect of this focus is that it brings a historical, political, philosophical and comparative approach to the contemporary shape and purposes of the criminal justice systems around the world.
Book Synopsis International Disaster Response Law by : Andrea de Guttry
Download or read book International Disaster Response Law written by Andrea de Guttry and published by Springer Science & Business Media. This book was released on 2012-08-31 with total page 747 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a Foreword by Kristalina Georgieva, European Commissioner for International Cooperation, Humanitarian Aid and Crisis Response Over the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges. This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed. By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community’s response to large-scale calamitous events. Over the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges. This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed. By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community’s response to large-scale calamitous events.
Book Synopsis A Principled Approach to State Failure by : Chiara Giorgetti
Download or read book A Principled Approach to State Failure written by Chiara Giorgetti and published by BRILL. This book was released on 2010-03-08 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first legal study of state failure in international law. Dr. Giorgetti specifically analyses health, environmental and human rights emergencies and suggests concrete instruments for international actors facing emergencies in failing states. Her Principles for Action are an important contribution to the development of international law.
Book Synopsis Rule of Law in a State of Emergency by : Subrata Roy Chowdhury
Download or read book Rule of Law in a State of Emergency written by Subrata Roy Chowdhury and published by Burns & Oates. This book was released on 1989 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: SCOTT (Copy 1): From the John Holmes Library Collection.
Book Synopsis Emergency Powers in a Time of Pandemic by : Greene, Alan
Download or read book Emergency Powers in a Time of Pandemic written by Greene, Alan and published by Bristol University Press. This book was released on 2020-10-29 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we maintain core values and rights when governments impose restrictive measures on our lives? Declaring a state of emergency is the best way to protect public health in a pandemic but how do these powers differ from those for national security and economic crises? This book explores how human rights, democracy and the rule of law can be protected during a pandemic and how emergency powers can best be ended once it wanes. Written by an expert on constitutional law and human rights, this accessible book will shape how governments, opposition, courts and society as a whole view future pandemic emergency powers.
Book Synopsis The Universal Declaration of Human Rights in the 21st Century by : Gordon Brown
Download or read book The Universal Declaration of Human Rights in the 21st Century written by Gordon Brown and published by Open Book Publishers. This book was released on 2016-04-18 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.
Book Synopsis Contemporary States of Emergency by : Didier Fassin
Download or read book Contemporary States of Emergency written by Didier Fassin and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new form of "humanitarian government" emerging from natural disasters and military occupations that reduces people to mere lives to be rescued. From natural disaster areas to zones of political conflict around the world, a new logic of intervention combines military action and humanitarian aid, conflates moral imperatives and political arguments, and confuses the concepts of legitimacy and legality. The mandate to protect human lives--however and wherever endangered--has given rise to a new form of humanitarian government that moves from one crisis to the next, applying the same battery of technical expertise (from military logistics to epidemiological risk management to the latest social scientific tools for "good governance") and reducing people with particular histories and hopes to mere lives to be rescued. This book explores these contemporary states of emergency. Drawing on the critical insights of anthropologists, legal scholars, political scientists, and practitioners from the field, Contemporary States of Emergency examines historical antecedents as well as the moral, juridical, ideological, and economic conditions that have made military and humanitarian interventions common today. It addresses the practical process of intervention in global situations on five continents, describing both differences and similarities, and examines the moral and political consequences of these generalized states of emergency and the new form of government associated with them.
