Author: Naiade el-Khoury
Publisher: BRILL
ISBN: 9004439765
Category : Law
Languages : en
Pages : 290
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Book Description
In Irrational Human Rights? An Examination of International Human Rights Treaties Naiade el-Khoury pursues the question how effective international human rights treaties really are and offers a discussion on the effects of treaty mechanisms. Such an examination as to the effects of international human rights treaties, or rather their limits, puts prevalent views of international law to the test. In doing so, this book convincingly argues that rational theories are inadequate to grasp the full effect of international human rights treaties.
Author: Frans Viljoen
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 523
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Book Description
About the publication This volume of essays, A life interrupted: essays in honour of the lives and legacies of Christof Heyns, honours Christof Heyns, renowned human rights lawyer, advocate, activist and educator, but also down-to-earth family man, friend and colleague. Christof’s sudden and most untimely passing on 28 March 2021 deeply saddened those close to him but also evinced an outpouring of grief from the national and international human rights community. His passing brought a deep sense of loss, in part because, at age 62, he was fully engaged in contributing to the betterment of society and still had so much more to give. His is a life interrupted. But at the same time, looking back over the varied lives he lived, he had already left his mark in so many ways. His influences and impacts are manifold and magical. This collection not only testifies to the legacy that he has left us, but also to the ongoing efforts of many to continue building on his legacy. This collection contains two sets of essays by family members, friends, colleagues, collaborators and students. Part A contains essays of a more reflective and personal nature, while the contributions in Part B link to the scholarly or academic themes Christof had worked on and explored, including international human rights systems, international law, the right to life, freedom of association, international humanitarian law, the impact of human rights treaties, constitutionalism and legal philosophy. However, a neat distinction between the personal and professional is not possible in respect of such a warm, generous and enthusiastic person as Christof. Most of the essays in Part A integrate some of Christof’s professional and academic achievements, while many of the essays in Part B also reflect on Christof as a person. The editors, all based at the Faculty of Law, UP, are colleagues and friends who worked closely with Christof. Frans Viljoen succeeded Christof as Director of the Centre for Human Rights. Christof was his doctoral supervisor, mentor and research collaborator. Charles Fombad worked with Christof at ICLA, and took over as ICLA Director after Christof’s passing. Dire Tladi, an ICLA fellow, had his office just across from Christof in ICLA. As member of the International Law Commission, he shared with Christof high level engagement with the UN. While Christof served on the Human Rights Committee, his colleague Ann Skelton serves on the Committee on the Rights of the Child. Magnus Killander worked closely with Christof as co-author and co-editor. Christof was also his doctoral supervisor. The publication date of this book is 10 January 2022, which is the date marking 63 years since Christof’s birth. The publisher is the Pretoria University Law Press (PULP), of which Christof was also a founder.
Author: Peter Kempees
Publisher: BRILL
ISBN: 9004425659
Category : Law
Languages : en
Pages : 431
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Book Description
The European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in ‘hard power’ situations – that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions. That guidance is precisely what this book aims to offer. It focuses primarily on States’ accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.
Author: R. Wolfrum
Publisher: BRILL
ISBN: 9004508333
Category : Law
Languages : en
Pages : 688
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Book Description
Solidarity and community interest may appear to be purely abstract notions. But in fact they may form the basis of a more flexible approach to international lawmaking than traditional formulas of legally binding commitments. Through an empirical analysis of existing and emerging public international law, this book traces these concepts in existing regimes and investigates the impact they have had and will continue to have on the progressive development of specific international regimes, particularly those serving the protection of the environment and of human rights. It discusses how through these two regimes these concepts have changed the international normative order and explores the challenges such changes have created for implementation and enforcement. One such challenge is the lack of an adequate dispute settlement regime, and the book closes with some practical suggestions for an appropriate mechanism.
Author: Isabella Risini
Publisher: BRILL
ISBN: 9004357262
Category : Law
Languages : en
Pages : 294
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Book Description
The Inter-State Application under the European Convention on Human Rights provides the first comprehensive monograph about the State-to-State human rights enforcement mechanism. The functions of the mechanism include also dispute settlement aspects, which are related to the compulsory jurisdiction of the Strasbourg Court. The study provides a full account of the development of the Inter-State Application under Article 33 ECHR and puts its case law in the relevant historical and institutional context. The analysis concludes with detailed reform considerations which are situated within the discussion about the role of the European Court of Human Rights. The focus lies on the possibility to address and improve systemic human rights deficits beyond the single case. The Court’s growing inter-State docket evidences the need for legal certainty. See inside the book.
Author: A. Reis Monteiro
Publisher: BRILL
ISBN: 9004462465
Category : Education
Languages : en
Pages : 817
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Book Description
The author argues in his essay on the Revolution of the Right to Education that the birth of the human right to education, after a millennia-long gestation, has opened up a new chapter in the History of Education. Moreover, its normative, jurisprudential, doctrinal, and programmatic developments are constituents of an International Education Law that is now the highest source in the hierarchy of the contemporary normativity on education, to which the Education Law in States Parties should conform. Therefore, it should be recognised and studied as a new legal and educational discipline, the source of principles of legitimacy and quality of education. This book offers an interdisciplinary and topical introduction to the International Education Law, broadly defined. It explains in what ways the normative integrity of the right to education carries far-reaching revolutionary significance, corollary of the Revolution of Human Rights and the Revolution of the Rights of the Child.
Author: World Health Organization
Publisher:
ISBN: 9789241564984
Category : Medical
Languages : en
Pages : 72
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Book Description
This report demonstrates the relationship between sexual health, human rights and the law. Drawing from a review of public health evidence and extensive research into human rights law at international, regional and national levels, the report shows how states in different parts of the world can and do support sexual health through legal and other mechanisms that are consistent with human rights standards and their own human rights obligations.
Author: Gauthier de Beco
Publisher: Cambridge University Press
ISBN: 1107121183
Category : Education
Languages : en
Pages : 733
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Book Description
This volume studies the implications of the right to inclusive education in human rights law for disability law, policy and practice.
Author: Georges Abi-Saab
Publisher: Bloomsbury Publishing
ISBN: 1509929908
Category : Law
Languages : en
Pages : 412
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Book Description
This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.
Author: Siobhan McInerney-Lankford
Publisher: World Bank Publications
ISBN: 0821385763
Category : Political Science
Languages : en
Pages : 94
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Book Description
Human rights indicators are central to the application of human rights standards in context and relate essentially to measuring human rights realization, both qualitatively and quantitatively. They offer an empirical or evidence-based dimension to the normative content of human rights legal obligations and a provide means of connecting those obligations with empirical data and evidence, and in this way relate to human rights accountability and the enforcement of human rights obligations. Human rights indicators are important both for assessment and diagnostic purposes: the assessment function of human rights indicators relates to their use in monitoring accountability, effectiveness and impact, while the diagnostic purposes relates to measuring the current state of human rights implementation and enjoyment in a given context, whether regional, country-specific or local. This paper offers a preliminary review of the foregoing in the development context, and a general perspective on the significance of human rights indicators for development processes and outcomes. It is not intended to be prescriptive and does not provide specific operational recommendations on the use of human rights indicators in development projects. Nor does it advocate a particular approach or mode of integrating human rights in development, or argue for a rights-based approach to development. This paper is designed to provide development practitioners with a preliminary view on the possible relevance, design and use of human rights indicators in development policy and practice. It also introduces a basic conceptual framework about the relationship between rights and development, including in the World Bank context and surveys a range of methodological approaches on human rights measurement, exploring in general terms different types of human rights indicators and their potential implications for development at three different levels of convergence or integration.
