International Human Rights Law

Author: Manisuli Ssenyonjo
Publisher: Routledge
ISBN: 1317114124
Format: PDF, ePub, Docs
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This timely and valuable book explores the development of international human rights law over the last six decades. The volume brings together leading experts to reflect on different aspects of human rights law, not only considering and evaluating the developments so far, but also identifying relevant problems and proposing relevant possible perspectives for the continued positive future development of human rights law. The book is international in perspective, both in scope and context, and covers developments in the international protection of human rights since the adoption of the UDHR in 1948. The developments considered include the United Nations system of protecting human rights as well as regional human rights systems in Africa, America and Europe. It also considers some key themes relevant to human rights including globalisation, protecting human rights in emergency situations and trade sanctions, the development of human rights NGOs, and many others. The book will be an invaluable resource for students, academics and policy-makers working in the field of international human rights.

International Human Rights Law

Author: Mashood A. Baderin
Publisher:
ISBN: 9780773513105
Format: PDF, Kindle
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This timely and valuable book explores the development of international human rights law over the last six decades. The volume brings together leading experts to reflect on different aspects of human rights law, not only considering and evaluating the developments so far, but also identifying relevant problems and proposing relevant possible perspectives for the continued positive future development of international human rights law

Die Anerkennung traditioneller Institutionen in S dafrika Ghana und Uganda

Author: Lisa Heemann
Publisher: Mohr Siebeck
ISBN: 9783161547171
Format: PDF, ePub, Docs
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Sudafrika, Ghana und Uganda sind Beispiele afrikanischer Staaten, die traditionelle Institutionen in ihren Verfassungen anerkennen. Traditionelle Institutionen ubernehmen neben ihren kulturellen Amtern auch hoheitliche Aufgaben auf lokaler Ebene zum Beispiel in der Administration von Landnutzungsrechten, in der Rechtsprechung oder in der Kommunalverwaltung. Sie fungieren zudem als Reprasentanten der traditionellen Gemeinschaften in eigenen Mitwirkungsgremien auf nationaler Ebene. Die politische Bewertung fallt ambivalent aus: einerseits als Ausdruck kultureller Vielfalt, andererseits als patriarchische, lokale Eliten. Die Analyse des universellen und regionalen Volkerrechts sowie der innerstaatlichen Rechtsordnungen zeigt den Umgang des Rechts mit diesem Spannungsverhaltnis und die insbesondere menschenrechtlichen Anforderungen an die Ausgestaltung der Anerkennung traditioneller Institutionen auf.

Globale Koine Eirene

Author: Jorrik Fulda
Publisher: Springer-Verlag
ISBN: 3658133260
Format: PDF, ePub, Docs
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Jorrik Fulda entwickelt in dieser Arbeit eine Zwei-Zyklen-Theorie, die in der aktuellen Konstellation zwischen Macht (insb. die US-Hegemonie) und Normen (Prozesse von Konstitutionalisierung im Völkerrecht) auf globaler Ebene eine Wiederholung des regionalen, antiken griechischen Modells, der so genannten „Koine Eirene-Verträge“ (griechisch: Allgemeiner Friede), in Verbindung mit einem ambivalenten Hegemon sieht. Es werden fünf Fallbeispiele von Konstitutionalisierung aus dieser Perspektive untersucht (z.B. die International Bill of Rights oder das Völkerstrafrecht), um abschließend Grundsätze für eine gerechte Globalverfassung heraus zu arbeiten.

Human Rights and Humanitarian Diplomacy

Author: Kelly-Kate Pease
Publisher: Oxford University Press
ISBN: 1526109425
Format: PDF, Kindle
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Human rights and humanitarian diplomacy provides an up to date and accessible overview of the field, and serves as a practical guide to those seeking to engage in human rights work. Pease argues that while human rights are internationally recognised, important disagreements exist on definition, priority and implementation. With the help of human rights diplomacy, these differences can be bridged, and a new generation of human rights professionals will build better relationships.

Human Rights

Author: Christian Tomuschat
Publisher: OUP Oxford
ISBN: 0191506699
Format: PDF, ePub, Docs
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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.

Public Policy in International Economic Law

Author: Diane Desierto
Publisher: OUP Oxford
ISBN: 0191026484
Format: PDF
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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

The International Law of Property

Author: John G. Sprankling
Publisher: OUP Oxford
ISBN: 0191502529
Format: PDF, Docs
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Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

Religious Actors and International Law

Author: Ioana Cismas
Publisher: OUP Oxford
ISBN: 019102189X
Format: PDF, ePub
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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.

Realizing the Right to Development

Author: United Nations
Publisher: United Nations Publications
ISBN:
Format: PDF, ePub, Mobi
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This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.