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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.



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).



Research Handbook on Human Rights and Humanitarian Law

Research Handbook on Human Rights and Humanitarian Law Author Robert Kolb
ISBN-10 9781781006078
Release 2013-01-01
Pages 684
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'This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.' Marco Pedrazzi, University of Milan, ItalyThis fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in conflict areas across the world. Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field.This groundbreaking volume will surely have great appeal for anyone with a professional or academic interest in human rights law and humanitarian law, from students to professors to practitioners 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.



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.



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.



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
Pages
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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.



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.



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



Religious Actors and International Law

Religious Actors and International Law Author Ioana Cismas
ISBN-10 9780191021893
Release 2014-07-17
Pages 440
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This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.



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 Italian Yearbook of International Law

The Italian Yearbook of International Law Author Martinus Nijhoff Publishers (COR)
ISBN-10 9004182373
Release 2008
Pages 517
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The Italian Yearbook of International Law has been writing in one form or another for most of life. You can find so many inspiration from The Italian Yearbook of International Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Italian Yearbook of International Law book for free.



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.



A wiser century

A wiser century Author Ursula E. Heinz
ISBN-10 STANFORD:36105134464192
Release 2009
Pages 522
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A wiser century has been writing in one form or another for most of life. You can find so many inspiration from A wiser century also informative, and entertaining. Click DOWNLOAD or Read Online button to get full A wiser century book for free.



Human Rights Law Journal

Human Rights Law Journal Author
ISBN-10 STANFORD:36105062026252
Release 1997
Pages
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Human Rights Law Journal has been writing in one form or another for most of life. You can find so many inspiration from Human Rights Law Journal also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Human Rights Law Journal book for free.



The Concept of Unity in Public International Law

The Concept of Unity in Public International Law Author Mario Prost
ISBN-10 9781847319173
Release 2012-03-15
Pages 226
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'Fragmentation' has become a defining, albeit controversial, metaphor of international law scholarship in the era of globalisation. Some scholars see it as a new development, others as history repeating itself; some approach it as a technical issue and some as the reflection of deeper political struggles. But there is near-consensus about the fact that the established vision of international law as a unitary whole is under threat. At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive. 'The Concept of Unity in Public International Law' attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law. However, eschewing one grand theory of unity, it identifies and compares five candidates. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent. The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Québec.



Democracy by Force

Democracy by Force Author Karin von Hippel
ISBN-10 0521659558
Release 2000
Pages 224
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Since the end of the Cold War, the international community, and the USA in particular, has intervened in a series of civil conflicts around the world. In a number of cases, where actions such as economic sanctions or diplomatic pressures have failed, military interventions have been undertaken. This 1999 book examines four US-sponsored interventions (Panama, Somalia, Haiti and Bosnia), focusing on efforts to reconstruct the state which have followed military action. Such nation-building is vital if conflict is not to recur. In each of the four cases, Karin von Hippel considers the factors which led the USA to intervene, the path of military intervention, and the nation-building efforts which followed. The book seeks to provide a greater understanding of the successes and failures of US policy, to improve strategies for reconstruction, and to provide some insight into the conditions under which intervention and nation-building are likely to succeed.