Author: Thomas M. Antkowiak
Publisher: Oxford University Press
ISBN: 0190675519
Category : Law
Languages : en
Pages : 433
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Book Description
This book offers a thorough, critical, and accessible analysis of the American Convention on Human Rights which is the main human rights treaty of the Americas. The authors closely review the jurisprudence and the binding judgments of the two institutions charged with interpreting the Convention: The Inter-American Court of Human Rights and The Inter-American Commission on Human Rights.They focus on the rights most developed by the Court and Commission, namely the rights to equality, life, humane treatment, personal liberty, property, due process and judicial protection, as well as the freedom of expression and reparations. They examine the case law with a victim-centered lens while identifying key jurisprudential developments, discussing critical areas that lack consistency and rigor, and proposing alternative conceptual approaches. Each chapter contains an Introduction to compare the Convention right's formulation with equivalent rights in other major international and regional treaties; a background section to consider the right's negotiation history; a Scope of Protection section to analyze the right's provisions (paragraph-by-paragraph or topic-by-topic); and lastly, a Limitations section, if applicable, to study any limitations to the right. In addition, the book's Introduction presents an up-to-date overview of the dynamic Inter-American Human Rights System, discussing the System's legal instruments, major institutions, significant impact, key developments, and current challenges.
Author: Ludovic Hennebel
Publisher:
ISBN: 9780190222352
Category : American Convention on Human Rights
Languages : en
Pages :
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Book Description
"The American Convention on Human Rights, adopted within the framework of the Organization of American States, is the central and essential instrument of the inter-American human rights law as elaborated by the Inter-American Commission and Court of Human Rights. This treaty, adopted on November 22, 1969, with now 23 States Parties, contains 82 articles that set out the rights and freedoms that States undertake to respect and protect, and establishes various protection mechanisms, including an individual complaints mechanism. This book offers a critical, systematic and exegetical commentary of the 82 Articles of this Convention, reflecting on the construction, often creative and avant-garde, of the inter-American human rights bodies. Doctrinal, critical and jurisprudential, this book is the fruit of reflections and research carried out by the two authors, and of a symbiotic writing. The American Convention on Human Rights is much more than just a treaty of international law. The Convention is a complex instrument, which was born in a particular context, and which reflects the inter-American human rights particularism. Of course, it is a political instrument, which was thought in the difficult context of the revolutionary fever of the late 1950s. But it is also, and above all, an instrument of progress and justice that is in line with the current of humanist thought of the Universal Declaration of Human Rights and the projects for the emancipation of the humankind. It is also a formidable legal instrument with exceptional normative power and potential. This treaty, as interpreted and applied by the Inter-American Commission and Court of Human Rights, has become the founding norm of a creative, sophisticated and protective inter-American legal regime for the protection of human rights, thanks to audacious and intelligent hermeneutic work, led in particular by the Inter-American Court. The persuasive force of inter-American jurisprudence attests to its argumentative quality. This Inter-American human rights law, if it embodies the hope of access to justice for some, to truth for others, or to the protection of the most vulnerable, is also, for the internationalist lawyer, a paradigm of reference for what is and what must be public international law centered on humanist and progressive values"--
Author: Organization of American States
Publisher: Good Press
ISBN:
Category : Fiction
Languages : en
Pages : 44
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Book Description
The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. You will learn many significant facts about this Costa Rican document pact by countries throughout the Western Hemisphere.
Author: Cecilia Medina Quiroga
Publisher:
ISBN: 9781780683218
Category : American Convention on Human Rights
Languages : en
Pages : 0
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Book Description
General legal framework -- Right to life -- Right to humane treatment -- Right to personal liberty -- Right to due process -- Principle of legality, freedom from ex post facto laws and right to compensation for miscarriage of justice -- Right to judicial protection
Author: David John Harris
Publisher: Oxford University Press on Demand
ISBN: 9780198265528
Category : Political Science
Languages : en
Pages : 588
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Book Description
This book, which can be used as a text for teaching purposes, gives a fascinating, and authoritative treatment both the rights protected by the Inter-American system and of the way in which its institutions work. An important part of the book is a thorough, article by article account of the guarantee in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights of civil, political, economic, social and cultural rights in the light of the jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, and of the Commission's many country reports on the human rights situation in particular states. There are also chapters on the rights of indigenous peoples, amnesty laws and states of emergencies. The evolution and current methods of work of the Commission and the Court are set out at length and their achievements are critically assessed. The role of non-governmental organisations is also examined in this context. The book will be invaluable to all those interested in the protection of human rights in the Americas and international human rights law generally.
Author: Inter-American Court of Human Rights
Publisher: Secretaria de La Corte
ISBN:
Category : American Convention on Human Rights
Languages : es
Pages : 56
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Book Description
Author: Yves Haeck
Publisher:
ISBN: 9781780683089
Category : Human rights
Languages : en
Pages : 0
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Book Description
Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.
Author: Jo M. Pasqualucci
Publisher: Cambridge University Press
ISBN: 1107006589
Category : Law
Languages : en
Pages : 461
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Book Description
A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.
Author: Zena Prodromou
Publisher: Kluwer Law International B.V.
ISBN: 9403520019
Category : Law
Languages : en
Pages : 324
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Book Description
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Author: Jacob Katz Cogan
Publisher: Oxford University Press
ISBN: 0191652369
Category : Law
Languages : en
Pages : 1345
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Book Description
Virtually every important question of public policy today involves an international organization. From trade to intellectual property to health policy and beyond, governments interact with international organizations in almost everything they do. Increasingly, individual citizens are directly affected by the work of international organizations. Aimed at academics, students, practitioners, and lawyers, this book gives a comprehensive overview of the world of international organizations today. It emphasizes both the practical aspects of their organization and operation, and the conceptual issues that arise at the junctures between nation-states and international authority, and between law and politics. While the focus is on inter-governmental organizations, the book also encompasses non-governmental organizations and public policy networks. With essays by the leading scholars and practitioners, the book first considers the main international organizations and the kinds of problems they address. This includes chapters on the organizations that relate to trade, humanitarian aid, peace operations, and more, as well as chapters on the history of international organizations. The book then looks at the constituent parts and internal functioning of international organizations. This addresses the internal management of the organization, and includes chapters on the distribution of decision-making power within the organizations, the structure of their assemblies, the role of Secretaries-General and other heads, budgets and finance, and other elements of complex bureaucracies at the international level. This book is essential reading for scholars, practitioners, and students alike.
