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International Humanitarian Law and International Human Rights Law

International Humanitarian Law and International Human Rights Law Author Orna Ben-Naftali
ISBN-10 9780191001604
Release 2011-01-13
Pages 388
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Examining the complex relationship between international human rights and humanitarian law, this volume explores the potential for fusing the two regimes into a new legal paradigm.

Non state Actors and Human Rights

Non state Actors and Human Rights Author Philip Alston
ISBN-10 STANFORD:36105063944487
Release 2005
Pages 387
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Can transnational corporations ignore human rights as long as governments don't hold them accountable? If the UN is put in charge of a territory, is it bound by human rights law? Does that body of law apply to private security contractors who use torture to achieve their goals? Does the right to freedom of speech apply in a private shopping mall which has become the modern-day town centre? Under traditional approaches to human rights, non-State actors are beyond the direct reach of international human rights law. They cannot be parties to the relevant treaties and so they are only bound to the extent that obligations accepted by States can be applied to them by governments. The result is that entities including Non-Governmental Organizations, international organizations such as the UN and the IMF, private security contractors, and transnational corporations, along with many others, are generally considered not to be bound directly by human rights law. This situation threatens to make a mockery of much of the international system of accountability for human rights violations. As privatization, outsourcing, and downsizing place ever more public or governmental functions into the hands of private actors, the human rights regime must adapt if it is to maintain its relevance. The contributors to this volume examine the different approaches that might be taken in order to ensure some degree of accountability. Making space in the legal regime to take account of the role of non-State actors is one of the biggest and most critical challenges facing international law today.

Gender Conflict and International Humanitarian Law

Gender  Conflict and International Humanitarian Law Author Orly Maya Stern
ISBN-10 9781351391443
Release 2018-07-27
Pages 252
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This book conducts a gendered critique of the ‘principle of distinction’ in international humanitarian law (IHL), with a focus on recent conflicts in Africa. The ‘principle of distinction’ is core to IHL, and regulates who can and cannot be targeted in armed conflict. It states that civilians may not be targeted in attack, while combatants and those civilians directly participating in hostilities can be. The law defines what it means to be a combatant and a civilian, and sets out what behaviour constitutes direct participation. Close examination of the origins of the principle reveals that IHL was based on a gendered view of conflict, which envisages men as fighters and women as victims of war. Problematically, this view often does not accord with the reality in ‘new wars’ today in which women are playing increasingly active roles, often forming the backbone of fighting groups, and performing functions on which armed groups are highly reliant. Using women’s participation in ‘new wars’ in Africa as a study, this volume critically examines the principle through a gendered lens, questioning the extent to which the principle serves to protect women in modern conflicts and how it fails them. By doing so, it questions whether the principle of distinction is suitable to effectively regulate the conduct of hostilities in new wars. This book will be of much interest to students of international law, gender studies, African politics, war and conflict studies, and international relations.

Collected Courses of the Academy of European Law Recueil des cours de l Acad mie de droit europ en European courses 121995 vol VI book 2

Collected Courses of the Academy of European Law  Recueil des cours de l Acad  mie de droit europ  en  European courses 121995 vol VI book 2 Author Academy of European Law
ISBN-10 9789041104441
Release 1997-05-29
Pages 416
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The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

Human Rights and Immigration

Human Rights and Immigration Author Ruth Rubio-Marín
ISBN-10 9780198701170
Release 2014
Pages 315
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This book examines major issues in the protection of the human rights of migrants. Providing a multi-jurisdictional and multi-disciplinary analysis, the work allows scholars, human rights practitioners and activists to access current discussions in the field.

Counterinsurgency Law

Counterinsurgency Law Author William Banks
ISBN-10 9780199311460
Release 2013-01-22
Pages 310
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In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.

Access to Justice as a Human Right

Access to Justice as a Human Right Author Francesco Francioni
ISBN-10 9780191018657
Release 2007-10-25
Pages 272
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In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.

Securing Human Rights

Securing Human Rights Author Bardo Fassbender
ISBN-10 9780199641499
Release 2011
Pages 219
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What role has the UN Security Council played in the promotion of human rights? Have its past actions breached those same rights the UN is pledged to uphold? Examining these two questions, this book provides a variety of viewpoints on the past, present, and future of the Security Council's role in the promotion of human rights.

The Frontiers of Human Rights

The Frontiers of Human Rights Author Nehal Bhuta
ISBN-10 9780198769279
Release 2016-02-18
Pages 256
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In an epoch of transnational armed conflict, global environmental harm, and rising inequality, the extraterritorial application of human rights law has become a pressing and controversial legal issue. Human rights are invoked to address a number of global-scale problems, such as trans-border environmental harm, social and economic development, global inequality, the repression of piracy in ungoverned spaces, and military occupation and armed conflict in the territory of a third state. The chapters collected in this volume grapple with the promise and the dilemmas of the extraterritorial application of human rights law through an analysis of the legal, theoretical, and practical questions raised by extending states' human rights obligations beyond their national territories.

EU Legal Acts

EU Legal Acts Author Marise Cremona
ISBN-10 9780192549631
Release 2018-02-08
Pages 300
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In this collection of essays, originally presented at the Academy of European Law in Florence, the changing landscape of the EU's legal acts is explored. Further to this, the changing boundaries between legal acts and processes which may create norms but do not create 'law' in the traditional sense are analysed. This landscape is presented in two ways. Firstly, by focusing on the transformations and challenges to the EU's traditional legal acts, in particular since the reconfiguration of the categories of legal acts and the procedures for which they are adopted by the Lisbon Treaty. Secondly, the collection focuses on those acts found at (or beyond) the margin of classic EU legal acts, including acts of Member States such as inter se treaties; self-regulation and collective agreements; so-called soft law; and decision-making outside the normal legislative procedures. The volume endeavours to explain the adaptability of the EU legal order provided that the legal instruments at the Union's disposal appear to be identical to when the Treaty of Rome came into force 60 years ago. It also explores the challenges that the producing and quality of acts pose for the EU's legal order, such as alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law.

Human Rights

Human Rights Author Christian Tomuschat
ISBN-10 9780191506697
Release 2014-09-25
Pages 512
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This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.

Collected Courses of the Academy of European Law Recueil des cours de l Acad mie de droit europ en

Collected Courses of the Academy of European Law   Recueil des cours de l    Acad  mie de droit europ  en Author Academy of European Law Staff
ISBN-10 9789401710749
Release 2013-06-29
Pages 292
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Your invitation to me, as the President of the European Court of Human Rights, to conclude this year's study programme on the protection of hu man rights in Europe by delivering the prestigious Winston Churchill lec ture is a great honour not only for me personally but for the European Court of Human Rights as a whole, and I should like to thank the European Uni versity Institute and its Academy of European Law most warmly for giving me this opportunity. You are fortunate to have had the opportunity of following a week long general course on the protection of human rights in Europe given by my col league and friend Carl Aage N0rgaard, the President of the European Commission of Human Rights. To speak after hirn, in order to bring to a close your study programme, makes my task in some respects easier be cause I can take it for granted that you now have a clear and comprehensive understanding of the guarantees and the functioning of the European Con vention on Human Rights. On the other hand, it is, I must confess, not without a certain apprehension that I take the floor at this juncture because I am very weIl aware of how difficult it is to keep the attention of an audi ence which has had the privilege of hearing Carl Aage N0rgaard on more or less the same subject.

Migration and EU Law and Policy

Migration and EU Law and Policy Author ... Azoulai
ISBN-10 9780198708537
Release 2014-03
Pages 226
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This book is a reflection of the social reality of mass migration in the EU from a legal perspective. It consists of a collection of essays reflecting on important current issues including the scope of the powers allocated to the EU, the cooperation of the EU with third countries and the emergence of international migration legal norms.

Recueil Des Cours de L Acad mie de Droit Europ en

Recueil Des Cours de L Acad  mie de Droit Europ  en Author
ISBN-10 STANFORD:36105060664328
Release 1999
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Recueil Des Cours de L Acad mie de Droit Europ en has been writing in one form or another for most of life. You can find so many inspiration from Recueil Des Cours de L Acad mie de Droit Europ en also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Recueil Des Cours de L Acad mie de Droit Europ en book for free.

Human Rights Intervention and the Use of Force

Human Rights  Intervention  and the Use of Force Author Philip Alston
ISBN-10 9780199552719
Release 2008-09-11
Pages 294
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This collection presents an analysis of the imperatives of sovereignty, human rights and national security in the post 9/11 era, and examines their relationship to procedural and substantive legitimacy in liberal democratic states

The Cultural Dimension of Human Rights

The Cultural Dimension of Human Rights Author Ana Vrdoljak
ISBN-10 9780199642120
Release 2013-11
Pages 304
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The intersections between culture and human rights have engaged some of the most heated and controversial debates across international law and theory. To what extent should the law permit cultural defences to general rules? What role does human rights law have in the protection of minority cultures? This volume examines such pivotal questions.

People s Rights

People s Rights Author Philip Alston
ISBN-10 0198298757
Release 2001
Pages 329
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The right to self-determination has been a driving force in international law and politics through much of the post World War II period. In the 1970s it was joined by a number of other human rights attributed to peoples rather than to individuals, including rights to development, peace, a clean environment, and humanitarian assistance. In this volume, the current and future significance of these so-called `third generation solidarity rights' are examined by leading experts.