Author: Philip Alston
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 736
Book Description
This book provides a detailed overview of the law and policy related to unlawful killings and the right to life. It is organized into the key thematic issues and types of killings that arose during the mandate of the UN Special Rapporteur on extrajudicial, summary or arbitrary executions between 2004-2016. Each chapter contains an introductory overview and selected extracts from UN Special Rapporteur reports to the United Nations General Assembly and the Human Rights Council and other normative work, and covers the applicable international law, policy considerations, and common fact scenarios. Philip Alston held the mandate of United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions between 2004 and 2010; Christof Heyns did so from 2010 to 2016. This book was created to provide easy access to the work of the Special Rapporteurs, and to be a useful guide for those studying and working to promote respect for human rights. The book was edited by the two rapporteurs, together with their main advisors during their tenure as mandate holders, Sarah Knuckey and Thomas Probert.
Alston and Heyns on Unlawful Killings: A Compendium of the Jurisprudence of the United Nations Special Rapporteurs on extrajudicial, summary or arbitrary executions from 2004-2016
Author: Philip Alston
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 736
Book Description
This book provides a detailed overview of the law and policy related to unlawful killings and the right to life. It is organized into the key thematic issues and types of killings that arose during the mandate of the UN Special Rapporteur on extrajudicial, summary or arbitrary executions between 2004-2016. Each chapter contains an introductory overview and selected extracts from UN Special Rapporteur reports to the United Nations General Assembly and the Human Rights Council and other normative work, and covers the applicable international law, policy considerations, and common fact scenarios. Philip Alston held the mandate of United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions between 2004 and 2010; Christof Heyns did so from 2010 to 2016. This book was created to provide easy access to the work of the Special Rapporteurs, and to be a useful guide for those studying and working to promote respect for human rights. The book was edited by the two rapporteurs, together with their main advisors during their tenure as mandate holders, Sarah Knuckey and Thomas Probert.
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 736
Book Description
This book provides a detailed overview of the law and policy related to unlawful killings and the right to life. It is organized into the key thematic issues and types of killings that arose during the mandate of the UN Special Rapporteur on extrajudicial, summary or arbitrary executions between 2004-2016. Each chapter contains an introductory overview and selected extracts from UN Special Rapporteur reports to the United Nations General Assembly and the Human Rights Council and other normative work, and covers the applicable international law, policy considerations, and common fact scenarios. Philip Alston held the mandate of United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions between 2004 and 2010; Christof Heyns did so from 2010 to 2016. This book was created to provide easy access to the work of the Special Rapporteurs, and to be a useful guide for those studying and working to promote respect for human rights. The book was edited by the two rapporteurs, together with their main advisors during their tenure as mandate holders, Sarah Knuckey and Thomas Probert.
Compendium of documents relating to regional and sub-regional peace and security in Africa (second edition) (2021)
Author: Marko Svicevic
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 824
Book Description
About the publication This Compendium of documents relating to regional and sub-regional peace and security in Africa is the second edition to the 2006 Compendium of key documents related to peace and security in Africa (edited by Dr Monica Juma). It is both an updated and expanded attempt at consolidating the vast legal instruments broadly relating to peace and security on the African continent. More specifically, the Compendium aims to consolidate, both on the regional and sub-regional level, treaties and decisions of regional organisations pertaining to conflict prevention, management and resolution in the African regional and sub-regional context. It ultimately aims to serve as a useful research guide to those involved with matters of peace and security in Africa. Documents and legal instruments included in this Compendium focus on the Organisation of African Unity, the African Union, and its eight Regional Economic Communities: the Arab Maghreb Union (AMU), the Common Market for Eastern and Southern Africa (COMESA), the Community of Sahel-Saharan States (CEN-SAD), the East African Community (EAC), the Economic Community of Central African States (ECCAS), the Economic Community of West African States (ECOWAS), the Intergovernmental Authority on Development (IGAD), and the Southern African Development Community (SADC). This edition also includes additional documents from sub-regional organisations, including documents from the Great Lakes Region and Horn of Africa Conference on the Proliferation of Small Arms and Light Weapons, the Gulf of Guinea Commission, the Central African Economic and Monetary Community, the Eastern Africa Standby Force, the G5 Sahel, the Indian Ocean Commission, and the Mano River Union. Additionally, each chapter outlines the organisation in question, its principal institutions relating to peace and security, relevant documents and legal instruments, and listed topical decisions, declarations and communiqués by that organisation and its institutions. It also briefly puts forward the details of any military interventions or peacekeeping missions undertaken by each organisation. Finally, the Compendium’s indexes include a list of peace and ceasefire agreements (listed by country), chart of ratifications, a list of useful websites and a selected bibliography.
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 824
Book Description
About the publication This Compendium of documents relating to regional and sub-regional peace and security in Africa is the second edition to the 2006 Compendium of key documents related to peace and security in Africa (edited by Dr Monica Juma). It is both an updated and expanded attempt at consolidating the vast legal instruments broadly relating to peace and security on the African continent. More specifically, the Compendium aims to consolidate, both on the regional and sub-regional level, treaties and decisions of regional organisations pertaining to conflict prevention, management and resolution in the African regional and sub-regional context. It ultimately aims to serve as a useful research guide to those involved with matters of peace and security in Africa. Documents and legal instruments included in this Compendium focus on the Organisation of African Unity, the African Union, and its eight Regional Economic Communities: the Arab Maghreb Union (AMU), the Common Market for Eastern and Southern Africa (COMESA), the Community of Sahel-Saharan States (CEN-SAD), the East African Community (EAC), the Economic Community of Central African States (ECCAS), the Economic Community of West African States (ECOWAS), the Intergovernmental Authority on Development (IGAD), and the Southern African Development Community (SADC). This edition also includes additional documents from sub-regional organisations, including documents from the Great Lakes Region and Horn of Africa Conference on the Proliferation of Small Arms and Light Weapons, the Gulf of Guinea Commission, the Central African Economic and Monetary Community, the Eastern Africa Standby Force, the G5 Sahel, the Indian Ocean Commission, and the Mano River Union. Additionally, each chapter outlines the organisation in question, its principal institutions relating to peace and security, relevant documents and legal instruments, and listed topical decisions, declarations and communiqués by that organisation and its institutions. It also briefly puts forward the details of any military interventions or peacekeeping missions undertaken by each organisation. Finally, the Compendium’s indexes include a list of peace and ceasefire agreements (listed by country), chart of ratifications, a list of useful websites and a selected bibliography.
The United Nations and Human Rights
Author: Frédéric Mégret
Publisher: Oxford University Press
ISBN: 0191653314
Category : Law
Languages : en
Pages : 802
Book Description
The very concept of human rights implies governmental accountability. To ensure that governments are indeed held accountable for their treatment of citizens and others the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Indeed, there is much doubt as to the effectiveness of much of the UN's human rights efforts but also about what direction it should take. Inevitable instances of politicization and the hostile, or at best ambivalent, attitude of most governments, has at times endangered the fragile progress made on the more technical fronts. At the same time, technical efforts cannot dispense with the complex politics of actualizing the promise of human rights at and through the UN. In addition to significant actual and potential problems of duplication, overlapping and inconsistent approaches, there are major problems of under-funding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. These essays critically examine the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN's human rights machinery, as illustrated most notably by the creation of the Human Rights Council to replace the Commission on Human Rights. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.
Publisher: Oxford University Press
ISBN: 0191653314
Category : Law
Languages : en
Pages : 802
Book Description
The very concept of human rights implies governmental accountability. To ensure that governments are indeed held accountable for their treatment of citizens and others the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Indeed, there is much doubt as to the effectiveness of much of the UN's human rights efforts but also about what direction it should take. Inevitable instances of politicization and the hostile, or at best ambivalent, attitude of most governments, has at times endangered the fragile progress made on the more technical fronts. At the same time, technical efforts cannot dispense with the complex politics of actualizing the promise of human rights at and through the UN. In addition to significant actual and potential problems of duplication, overlapping and inconsistent approaches, there are major problems of under-funding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. These essays critically examine the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN's human rights machinery, as illustrated most notably by the creation of the Human Rights Council to replace the Commission on Human Rights. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.
Historical Title, Self-Determination and the Kashmir Question
Author: Fozia Nazir Lone
Publisher: BRILL
ISBN: 9004359990
Category : Law
Languages : en
Pages : 500
Book Description
In Historical Title, Self-Determination and the Kashmir Question Fozia Nazir Lone offers a critical re-examination of the Kashmir question. Through an interdisciplinary approach and international law perspective, she analyses political practices and the substantive international law on the restoration of historical title and self-determination. The book analytically examines whether Kashmir was a State at any point in history; the effect of the 1947 occupation by India/Pakistan; the international law implications of the constitutional incorporation of this territory and the ongoing human rights violations; whether Kashmiris are entitled to restore their historical title through the exercise of self-determination; and whether the Kashmir question could be resolved with the formation of international strategic alliance to curb danger of spreading terrorism in Kashmir.
Publisher: BRILL
ISBN: 9004359990
Category : Law
Languages : en
Pages : 500
Book Description
In Historical Title, Self-Determination and the Kashmir Question Fozia Nazir Lone offers a critical re-examination of the Kashmir question. Through an interdisciplinary approach and international law perspective, she analyses political practices and the substantive international law on the restoration of historical title and self-determination. The book analytically examines whether Kashmir was a State at any point in history; the effect of the 1947 occupation by India/Pakistan; the international law implications of the constitutional incorporation of this territory and the ongoing human rights violations; whether Kashmiris are entitled to restore their historical title through the exercise of self-determination; and whether the Kashmir question could be resolved with the formation of international strategic alliance to curb danger of spreading terrorism in Kashmir.
The Transformation of Human Rights Fact-finding
Author: Philip Alston
Publisher: Oxford University Press
ISBN: 0190239492
Category : Law
Languages : en
Pages : 577
Book Description
Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.
Publisher: Oxford University Press
ISBN: 0190239492
Category : Law
Languages : en
Pages : 577
Book Description
Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.
International Law and New Wars
Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1107171210
Category : History
Languages : en
Pages : 611
Book Description
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Publisher: Cambridge University Press
ISBN: 1107171210
Category : History
Languages : en
Pages : 611
Book Description
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
The Impact of the United Nations Human Rights Treaties on the Domestic Level
Author: Christof Heyns
Publisher: BRILL
ISBN: 9004480889
Category : Law
Languages : en
Pages : 656
Book Description
The six main United Nations human rights treaties enjoy almost universal ratification today. Almost 80 per cent of the possible ratifications have been made, and every Member State of the UN has ratified at least one of these treaties. The nearly universal acceptance of the treaties on the formal level, however, does not automatically translate into the norms contained in these documents being made a reality in the lives of the billions of people living in these countries. The treaty system is notoriously weak in terms of international enforcement, and there is a general suspicion that it has had little impact at the domestic level. Mechanisms to improve the international enforcement mechanisms of the six main treaties have been a topic of discussion and research for many years, but the domestic impact of the treaties has never been investigated in a systematic and comprehensive manner. This book constitutes the most ambitious attempt so far to establish the impact of the treaties at the domestic level. The following treaties in 20 United Nations Member States are investigated: the Convention on the Elimination of All Forms of Racial Discrimination, the Covenant on Economic, Social, and Cultural Rights, the Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention Against Torture, and the Convention on the Rights of the Child. This book reflects the findings of 20 researchers, based in the countries investigated, under the leadership of Professors Christof Heyns and Frans Viljoen of the Centre for Human Rights, University of Pretoria, in a study done in co-operation with the United Nations High Commissioner for Human Rights. The influence of the treaties in each of the 20 countries is investigated in respect of its influence on the continuation, legislation, court cases, policies and practices, and the impact of the treaty system in civil society. In an overview chapter by the study leaders based on a comparison of the available data, common trends and patterns are identified, and recommendations about reforms on the national and international level are made. This is a book that should be read by all those interested in the development of the international human rights system.
Publisher: BRILL
ISBN: 9004480889
Category : Law
Languages : en
Pages : 656
Book Description
The six main United Nations human rights treaties enjoy almost universal ratification today. Almost 80 per cent of the possible ratifications have been made, and every Member State of the UN has ratified at least one of these treaties. The nearly universal acceptance of the treaties on the formal level, however, does not automatically translate into the norms contained in these documents being made a reality in the lives of the billions of people living in these countries. The treaty system is notoriously weak in terms of international enforcement, and there is a general suspicion that it has had little impact at the domestic level. Mechanisms to improve the international enforcement mechanisms of the six main treaties have been a topic of discussion and research for many years, but the domestic impact of the treaties has never been investigated in a systematic and comprehensive manner. This book constitutes the most ambitious attempt so far to establish the impact of the treaties at the domestic level. The following treaties in 20 United Nations Member States are investigated: the Convention on the Elimination of All Forms of Racial Discrimination, the Covenant on Economic, Social, and Cultural Rights, the Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention Against Torture, and the Convention on the Rights of the Child. This book reflects the findings of 20 researchers, based in the countries investigated, under the leadership of Professors Christof Heyns and Frans Viljoen of the Centre for Human Rights, University of Pretoria, in a study done in co-operation with the United Nations High Commissioner for Human Rights. The influence of the treaties in each of the 20 countries is investigated in respect of its influence on the continuation, legislation, court cases, policies and practices, and the impact of the treaty system in civil society. In an overview chapter by the study leaders based on a comparison of the available data, common trends and patterns are identified, and recommendations about reforms on the national and international level are made. This is a book that should be read by all those interested in the development of the international human rights system.
Self-Defence against Non-State Actors
Author: Mary Ellen O'Connell
Publisher: Cambridge University Press
ISBN: 1107190746
Category : Law
Languages : en
Pages : 313
Book Description
Provides a multi-perspective study of the international law on self-defence against non-State actors.
Publisher: Cambridge University Press
ISBN: 1107190746
Category : Law
Languages : en
Pages : 313
Book Description
Provides a multi-perspective study of the international law on self-defence against non-State actors.
Military Courts, Civil-military Relations, and the Legal Battle for Democracy
Author: Brett J. Kyle
Publisher:
ISBN: 9780367029944
Category : Courts-martial and courts of inquiry
Languages : en
Pages : 244
Book Description
"The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--
Publisher:
ISBN: 9780367029944
Category : Courts-martial and courts of inquiry
Languages : en
Pages : 244
Book Description
"The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--
The African Charter on the Rights and Welfare of the Child
Author: Thoko Kaime
Publisher: PULP
ISBN: 0981442048
Category : African Charter on the Rights and Welfare of the Child
Languages : en
Pages : 260
Book Description
The African Charter on the Rights and Welfare of the Child: A socio-legal perspectiveby Thoko Kaime2009ISBN: 978-0-9814420-4-4Pages: xii 247Print version: AvailableElectronic version: Free PDF available.
Publisher: PULP
ISBN: 0981442048
Category : African Charter on the Rights and Welfare of the Child
Languages : en
Pages : 260
Book Description
The African Charter on the Rights and Welfare of the Child: A socio-legal perspectiveby Thoko Kaime2009ISBN: 978-0-9814420-4-4Pages: xii 247Print version: AvailableElectronic version: Free PDF available.