New Challenges for the UN Human Rights Machinery

New Challenges for the UN Human Rights Machinery PDF Author: M. Cherif Bassiouni
Publisher:
ISBN: 9781780680552
Category : Human rights
Languages : en
Pages : 0

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Book Description
With the growth of the UN's Treaty Body System, the harmonization and the coordination of working methods between the treaty bodies has become a pressing issue. Commentators spoke of a crisis of the system: a victim of its own success. In 2002, the UN Secretary-General considered that the development of the system had increased pressure on resources of both States and the secretariat, and had implication on the ability of the States to continue to meet their reporting obligations, while the secretariat struggled to continue to provide quality service to all treaty bodies. The UN invited States to reflect on a number of reform initiatives that could help to modernize the system. The possibility of replacing the reporting obligations owed to each of the treaty bodies, with a single report, was suggested. The UN also wished that strengthening and harmonization efforts could eventually lead to a single human rights Treaty Body, which could enhance human rights protection at national level. These suggestions were largely unacceptable to States parties, but the concept itself - of having States submitting single reports to a single human rights mechanism - was tried in the new Charter-based Universal Periodic Review mechanism of the new Human Rights Council, set up in 2007. While the new procedure had little impact on the challenges to the separate Treaty Body System which continued to grow, it certainly reinvigorated calls for a better coordination between the different elements of the UN Human Rights Machinery. In 2009, Navi Pillay, the UN High Commissioner for Human Rights, gave new impetus to the discussions by addressing a renewed call on relevant stakeholders to initiate a process of reflection on ways of strengthening the Treaty Body System and, by extension, the UN Human Rights Protection System as a whole. This impressive collection of essays is a response to the High Commissioner's call, which joins initiatives by other stakeholders. The book has two parts, with one section reflecting on the Treaty Body System, and the second section on the Human Rights Council Procedures. M. Cherif Bassiouni, in April 2012, received the Wolfgang Friedmann Memorial Award which is given by the Columbia Journal of Transnational Law to a distinguished scholar or practitioner who has made outstanding contributions to the field of international law.

New Challenges for the UN Human Rights Machinery

New Challenges for the UN Human Rights Machinery PDF Author: M. Cherif Bassiouni
Publisher:
ISBN: 9781780680552
Category : Human rights
Languages : en
Pages : 0

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Book Description
With the growth of the UN's Treaty Body System, the harmonization and the coordination of working methods between the treaty bodies has become a pressing issue. Commentators spoke of a crisis of the system: a victim of its own success. In 2002, the UN Secretary-General considered that the development of the system had increased pressure on resources of both States and the secretariat, and had implication on the ability of the States to continue to meet their reporting obligations, while the secretariat struggled to continue to provide quality service to all treaty bodies. The UN invited States to reflect on a number of reform initiatives that could help to modernize the system. The possibility of replacing the reporting obligations owed to each of the treaty bodies, with a single report, was suggested. The UN also wished that strengthening and harmonization efforts could eventually lead to a single human rights Treaty Body, which could enhance human rights protection at national level. These suggestions were largely unacceptable to States parties, but the concept itself - of having States submitting single reports to a single human rights mechanism - was tried in the new Charter-based Universal Periodic Review mechanism of the new Human Rights Council, set up in 2007. While the new procedure had little impact on the challenges to the separate Treaty Body System which continued to grow, it certainly reinvigorated calls for a better coordination between the different elements of the UN Human Rights Machinery. In 2009, Navi Pillay, the UN High Commissioner for Human Rights, gave new impetus to the discussions by addressing a renewed call on relevant stakeholders to initiate a process of reflection on ways of strengthening the Treaty Body System and, by extension, the UN Human Rights Protection System as a whole. This impressive collection of essays is a response to the High Commissioner's call, which joins initiatives by other stakeholders. The book has two parts, with one section reflecting on the Treaty Body System, and the second section on the Human Rights Council Procedures. M. Cherif Bassiouni, in April 2012, received the Wolfgang Friedmann Memorial Award which is given by the Columbia Journal of Transnational Law to a distinguished scholar or practitioner who has made outstanding contributions to the field of international law.

Failing to Protect

Failing to Protect PDF Author: Rosa Freedman
Publisher: Oxford University Press
ISBN: 0190222549
Category : Law
Languages : en
Pages : 240

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Book Description
BL Explains why the respect in which the UN is held is not matched by admiration for its practical attempts to safeguard human rights.

Strengthening the UN Human Rights Treaty Bodies

Strengthening the UN Human Rights Treaty Bodies PDF Author: Nils-Hendrik Grohmann
Publisher: Mohr Siebeck
ISBN: 316162825X
Category :
Languages : en
Pages : 331

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Book Description


The Effectiveness of the UN Human Rights System

The Effectiveness of the UN Human Rights System PDF Author: Surya P. Subedi, OBE, QC (Hon)
Publisher: Routledge
ISBN: 1351778951
Category : Law
Languages : en
Pages : 280

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Book Description
The UN human rights agenda has reached the mature age of 70 years and many UN mechanisms created to implement this agenda are themselves in their middle-age, yet human rights violations are still a daily occurrence around the globe. The scorecard of the UN human rights mechanisms appears impressive in terms of the promotion, spreading of education and engaging States in a dialogue to promote human rights, but when it comes to holding governments to account for violations of these rights, the picture is much more dismal. This book examines the effectiveness of UN mechanisms and suggests measures to reform them in order to create a system that is robust and fit to serve the 21st century. This book casts a critical eye on the rationale and effectiveness of each of the major UN human rights mechanisms, including the Human Rights Council, the human rights treaty bodies, the UN High Commissioner for Human Rights, the UN Special Rapporteurs and other Charter-based bodies. Surya P. Subedi argues most of the UN human rights mechanisms have remained toothless entities and proposes measures to reform and strengthen it by depoliticising the workings of UN human rights mechanisms and judicialising human rights at the international level.

The United Nations and Human Rights

The United Nations and Human Rights PDF Author: Frédéric Mégret
Publisher: Oxford University Press
ISBN: 0191653314
Category : Law
Languages : en
Pages : 802

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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.

International Human Rights

International Human Rights PDF Author: Philip Alston
Publisher: Oxford University Press, USA
ISBN: 0199578729
Category : Law
Languages : en
Pages : 1622

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Book Description
"The successor to International human rights in context: law, politics and morals."

Legitimacy and International Courts

Legitimacy and International Courts PDF Author: Nienke Grossman
Publisher: Cambridge University Press
ISBN: 1108540228
Category : Law
Languages : en
Pages : 397

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Book Description
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

International Human Rights Monitoring Mechanisms:Essays in Honour of Jakob T. H. Mholler

International Human Rights Monitoring Mechanisms:Essays in Honour of Jakob T. H. Mholler PDF Author: Jakob Mholler
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 1000

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Book Description
Burdekin and Anne Gallagher.

Human Rights and the UN Universal Periodic Review Mechanism

Human Rights and the UN Universal Periodic Review Mechanism PDF Author: Damian Etone
Publisher: Taylor & Francis
ISBN: 1003855873
Category : Law
Languages : en
Pages : 276

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Book Description
The Universal Periodic Review (UPR) is a peer-review mechanism, reviewing all 193 UN Member States’ protection and promotion of human rights. After ten years of the existence of the UPR mechanism, this collection examines the effectiveness of the UPR, theoretical and conceptual debates about its modus operandi, and the lessons that can be drawn across different regions/states to identify possible improvements. The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative, and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation. Divided into three parts, the first part focuses on exploring a variety of theoretical approaches to understanding the UPR mechanism. The second part examines specific human rights themes and the relationship between the UPR mechanism and other international mechanisms. Finally, the third part questions implementation and the ways in which states/regional groupings have engaged with the UPR mechanism and what lessons can be learned for the future. The volume will be a valuable resource for researchers, academics, and policymakers working in the area of international human rights law, international organizations, and international relations. We would like to acknowledge the UPR Academic Network (UPRAN) for bringing together the experts on this project and the University of Stirling for providing funds to facilitate open access dissemination for parts of this output.

The SAGE Handbook of Cultural Anthropology

The SAGE Handbook of Cultural Anthropology PDF Author: Lene Pedersen
Publisher: SAGE
ISBN: 1529756421
Category : Social Science
Languages : en
Pages : 857

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Book Description
The SAGE Handbook of Cultural Anthropology is the first instalment of The SAGE Handbook of the Social Sciences series and encompasses major specialities as well as key interdisciplinary themes relevant to the field. Globally, societies are facing major upheaval and change, and the social sciences are fundamental to the analysis of these issues, as well as the development of strategies for addressing them. This handbook provides a rich overview of the discipline and has a future focus whilst using international theories and examples throughout. The SAGE Handbook of Cultural Anthropology is an essential resource for social scientists globally and contains a rich body of chapters on all major topics relevant to the field, whilst also presenting a possible road map for the future of the field. Part 1: Foundations Part 2: Focal Areas Part 3: Urgent Issues Part 4: Short Essays: Contemporary Critical Dynamics