International Human Rights Law and Practice

Author: Ilias Bantekas,Lutz Oette

Publisher: Cambridge University Press

ISBN: 1316677664

Category: Political Science

Page: N.A

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Human rights law is a complex but compelling subject that fascinates, but often confuses, students. International Human Rights Law and Practice explores the subject from a theoretical and practical perspective, guiding students to a rich understanding of the law. The second edition has been fully revised and updated, including two new chapters on children's rights and international criminal law, and new sections on a variety of topics, including the right to equality, the protection of refugees and the effect of foreign investment and sovereign debt on the enjoyment of human rights. In addition, new case studies and interviews with practitioners, NGO activists and policymakers show how theory is applied in real life. Student learning is supported by questions to stimulate seminar discussion and further reading sections that encourage independent study. The authors' clear and engaging writing style ensures that this new edition will continue to be required reading for all students of human rights law.

International Human Rights Law and Practice

Author: Ilias Bantekas,Lutz Oette

Publisher: Cambridge University Press

ISBN: 1107354471

Category: Political Science

Page: N.A

View: 5061

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Human rights law is a complex but compelling subject that fascinates students but also confuses them. This innovative textbook explores human rights law from a theoretical and practical perspective. Case studies and interviews with specialist practitioners, NGO activists and policy-makers show how theory is applied in real life. The up-to-date coverage includes introductions to important emerging fields such as globalisation, poverty and advocacy. Student learning is supported by questions to stimulate seminar discussion and further reading sections that encourage independent study. The authors' combined expertise, engaging writing style and ability to clarify not simplify ensures that this important new book will become required reading for all students of human rights law.

International Human Rights Law and Practice

Author: Ilias Bantekas,Lutz Oette

Publisher: Cambridge University Press

ISBN: 0521196426

Category: Law

Page: 731

View: 9630

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Innovative mix of theory and practice, coupled with engaging writing style and integrated interviews to guarantee students' interest and understanding.

Impunity and Human Rights in International Law and Practice

Author: Naomi Roht-Arriaza

Publisher: Oxford University Press

ISBN: 9780195359718

Category: Political Science

Page: 416

View: 5316

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As dictatorships topple around the world and transitional regimes emerge from the political rubble, the new governments inherit a legacy of widespread repression against the civilian population. This repression ranges from torture, forced disappearances, and imprisonment to the killings of both real and perceived political opponents. Nonetheless, the official status of the perpetrators shields them from sanction, creating a culture of impunity in which the most inhumane acts can be carried out without fear of repercussions. The new governments wrestle with whether or not to investigate prior wrongdoings by state officials. They must determine who, if any, of those responsible for the worst crimes should be brought to justice, even if this means annulling a previous amnesty law or risking a violent backlash by military or security forces. Finally, they have to decide how to compensate the victims of this repression, if at all. Beginning with a general consideration of theories of punishment and redress for victims, Impunity and Human Rights in International Law and Practice explores how international law provides guidance on these issues of investigation, prosecution, and compensation. It reviews some of the more well-known historical examples of societies grappling with impunity, including those arising from the Second World War and from the fall of the Greek, Spanish, and Portuguese dictatorships in the 1970s. Country studies from around the world look at how the problem of impunity has been dealt with in practice in the last two decades. The work then distills these experiences into a general discussion of what has and hasn't worked. It concludes by considering the role of international law and institutions in the future, especially given renewed interest in international mechanisms to punish wrong-doers. As individuals, governments, and international organizations come to grips with histories of repression and impunity in countries around the world, the need to define legal procedures and criteria for dealing with past abuses of human rights takes on a special importance. Impunity and Human Rights in International Law and Practice aims to share their experiences in the hope that lawyers, scholars, and activists in those countries where dealing with the past is only now becoming an imperative may learn from those who have recently confronted similar challenges. This work will be essential reading for lawyers, political and social scientists, historians and journalists, as well as human rights experts concerned with this important issue.

HUMAN RIGHTS LAW AND PRACTICE

Author: JATINDRA KUMAR DAS

Publisher: PHI Learning Pvt. Ltd.

ISBN: 8120352726

Category: Law

Page: 848

View: 6100

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The book, written with a rich teaching and research experience of the author, emphasises the critical evaluation of contemporary human rights law and practice with special reference to India. It also evaluates the ongoing discourse on various issues relating to life, liberty, equality and human dignity and their reflections in international human rights law referring the state practices through constitutional guarantees, judicial decisions as well as through enacting appropriate legislations. This lucid and comprehensive book is logically organised into nine chapters. Beginning with the theoretical foundations of human rights law referring to origin, development and theories of human rights at preliminary level, the book proceeds to “International Bill of Human Rights” demonstrating various facets of civil and political rights as well as economic, social and cultural rights. It further discusses the importance of human rights law in protection against inhuman wrongs and examines a large number of debates concerning human right to development and protection of environment. Then, it moves on to explore various issues relating to human rights in Indian Constitutional Law. The latter part of the book emphasises on the protection of rights of women and children, which has been the focal point of all human rights discussions. It also deals with the scope and ambit of the rights of indigenous peoples and minorities including their protection. At the end, the book examines the utility and justifications of human rights law in protecting the rights of people with disabilities (divyang).Though the book is primarily designed for LLB, BA LLB and LLM and courses on human rights, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil society.

Freedom of Religion

UN and European Human Rights Law and Practice

Author: Paul M. Taylor

Publisher: Cambridge University Press

ISBN: 9781139448772

Category: Political Science

Page: N.A

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The scale and variety of acts of religious intolerance evident in so many countries today are of enormous contemporary concern. This 2005 study attempts a thorough and systematic treatment of both Universal and European practice. The standards applicable to freedom of religion are subjected to a detailed critique, and their development and implementation within the UN is distinguished from that within Strasbourg, in order to discern trends and obstacles to their advancement and to highlight the rationale for any apparent departures between the two systems. This dual focus also demonstrates the acute need for the European Court to heed the warnings from various patterns of violation throughout the world illustrated by the Human Rights Committee and the Special Rapporteur on freedom of religion or belief.

Routledge Handbook of International Human Rights Law

Author: Scott Sheeran,Sir Nigel Rodley

Publisher: Routledge

ISBN: 1135055939

Category: Law

Page: 808

View: 6540

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The Routledge Handbook of International Human Rights Law provides the definitive global survey of the discipline of international human rights law. Each chapter is written by a leading expert and provides a contemporary overview of a significant area within the field. As well as covering topics integral to the theory and practice of international human rights law the volume offers a broader perspective though examinations of the ways in which human rights law interacts with other legal regimes and other international institutions, and by addressing the current and future challenges facing human rights. This highly topical collection of specially commissioned papers is split into four sections: The nature and evolution of international human rights law discussing the origins, theory and practice of the discipline. Interaction of human rights with other key regimes and bodies including the interaction of the discipline with international economic law, international humanitarian law, and development, as well as other legal regimes. Evolution and prospects of regional approaches to human rights discussing the systems of Europe, the Americas, Africa and South East Asia, and their relationship to the United Nations treaty bodies. Key contemporary challenges including non-State actors, religion and human rights, counter-terrorism, and enforcement and remedies. Providing up-to-date and authoritative articles covering key aspects of international human rights law, this book work is an essential work of reference for scholars, practitioners and students alike. Chapter 35 of this book is freely available as a downloadable Open Access PDF at www.tandfebooks.com/openaccess. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license.

Universal Human Rights in Theory and Practice

Author: Jack Donnelly

Publisher: Cornell University Press

ISBN: 0801467497

Category: Political Science

Page: 336

View: 2137

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In the third edition of his classic work, revised extensively and updated to include recent developments on the international scene, Jack Donnelly explains and defends a richly interdisciplinary account of human rights as universal rights. He shows that any conception of human rights-and the idea of human rights itself-is historically specific and contingent. Since publication of the first edition in 1989, Universal Human Rights in Theory and Practice has justified Donnelly's claim that "conceptual clarity, the fruit of sound theory, can facilitate action. At the very least it can help to unmask the arguments of dictators and their allies."

International Human Rights

Problems of Law, Policy, and Practice

Author: Richard B. Lillich,Hurst Hannum

Publisher: Aspen Publishers

ISBN: 9780316526876

Category: Law

Page: 1160

View: 9128

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Together with new co-author Hurst Hannum, Richard Lillich has completely updated International Human Rights: Problems of Law, Policy, and Practice to reflect all the latest developments in Yugoslaiva, Haiti, Rwanda, and worldwide. the new edition of this leading book offers a comprehensive presentation of critical issues and events that reflect the advances and challenges of enforcing human rights in the post-cold war era. Organized around 13 realistic problems, this book examines substantive and procedural considerations for a wide range of human rights issues-the role of the U.N., customary international law, economic sanctions, the use of force, international criminal law, as using the criminal process to enforce human rights law and protecting human rights in times of armed conflict and war. New materials includes: U.S. obligations as a party to important human rights treaties more attention to economic and social rights new mechanisms developed by the U.N. to deal with a range of human rights violations greater focus on the creation of new human rights norms, including new rights for vulnerable groups increased discussion of the interamerican system for protecting human rights, including lawmaking by the Interamerican Court of Human Rights A wide range of diverse materials-from treaties to articles and newspaper clippings-stimulate student interest and enhance classroom discussion.

Human Rights and Humanitarian Intervention

Law and Practice in the Field

Author: Elizabeth M. Bruch

Publisher: Routledge

ISBN: 1317274954

Category: Political Science

Page: 192

View: 4748

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Human rights, peacekeeping, and humanitarian intervention have emerged in the past decades as important components of international law and practice. Adopting a methodology of Institutional Ethnography informed by Actor-Network Theory, this book traces the practices of law and expertise from global IGO headquarters to the ‘field’ and back again, and through various contemporary field missions from Bosnia to Afghanistan and East Timor to Sierra Leone. It answers several fundamental questions: How is human rights law engaged in ‘establishing the peace,’ ‘rebuilding the nation,’ and ‘restoring the rule of law’ in post-conflict situations? How do human rights experts use law in their everyday work in the context of humanitarian intervention? How are law and expertise established, sustained and transformed in the field? Offering a complex and nuanced explanation of humanitarian intervention based upon a multi-dimensional understanding of law and power, this book will be of interest and use to scholars, students and practitioners in international law and policy, human rights, and humanitarian intervention. Its cross-disciplinary approach should also appeal to the professional communities engaged directly and indirectly with projects of humanitarian intervention – including staff at inter-governmental organizations, international lawyers and practitioners, and activists.

International Human Rights and Islamic Law

Author: Mashood A. Baderin

Publisher: OUP Oxford

ISBN: 0191021822

Category: Law

Page: 302

View: 3581

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This volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept. Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women are analysed in the light of Islamic law. The volume concludes that it is possible to harmonise the differences between international human rights law and Islamic law through the adoption of the 'margin of appreciation' doctrine by international human rights treaty bodies and the utilization of the Islamic law doctrines of 'maqâsid al-sharî'ah' (the overall objective of Sharî'ah) and 'maslahah' (welfare) by Muslim States in their interpretation and application of Islamic law respectively. Baderin asserts that Islamic law can serve as an important vehicle for the guarantee and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect.

International Human Rights Law

Six Decades after the UDHR and Beyond

Author: Dr Manisuli Ssenyonjo,Professor Mashood A Baderin

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409497283

Category: Law

Page: 588

View: 4908

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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.

Research Handbook on International Human Rights Law

Author: Sarah Joseph,Adam McBeth

Publisher: Edward Elgar Publishing

ISBN: 1849803374

Category: Political Science

Page: 596

View: 423

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This handbook brings together the work of 25 leading human rights scholars from all over the world, covering a broad range of human rights topics.

International Human Rights in Context

Law, Politics, Morals : Text and Materials

Author: Henry J. Steiner,Philip Alston,Ryan Goodman

Publisher: Oxford University Press, USA

ISBN: 019927942X

Category: Law

Page: 1492

View: 1874

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The third edition of International Human Rights in Context continues to bring sophisticated and thought-provoking analysis to the study of human rights within its wider social and cultural context. This widely acclaimed interdisciplinary coursebook presents a diverse range of carefully edited primary and secondary materials alongside extensive text, editorial commentary, and study questions. Within its conceptual framework, the book thoroughly covers the major topics of internationalhuman rights: the basic characteristics of international law; evolution of the human rights movement movement; civil, political, economic and social rights; the humanitarian laws of war; globalization; self-determination; women's rights; universalism and cultural relativisim; intergovernmental and nongovernmental institutions; implementation and enforcement; internal application of human rights norms; and the spread of constitutionalism. The third edition has been considerably revised and restructured to incoroprate new themes and topics including: human rights in relation to terrorism amd national security; responsibility of nonstate actors for human rights violations; recent substantial changes in sources and processes of international law; achieved and potential reforrm within UN human rights institution; theories about international organizations and their influence on state behavior. Its scope, challenging enquiries, and clarity make it the ideal companion for human rightsstudents, scholars, advocates and practitioners alike. Online Resource Centre The third edition will be accompanied by a new online resource centre which will house the Annex of Documents, allowing them to be updated between editions.

International Human Rights Law

Author: Daniel Moeckli,Sangeeta Shah,Sandesh Sivakumaran,David Harris

Publisher: Oxford University Press

ISBN: 0199654573

Category: Law

Page: 630

View: 4394

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International Human Rights Law offers a thought-provoking consideration of the subject, from its philosophical foundations to contemporary challenges, with contributions from leading experts. Critical and detailed, it covers all elements of a traditional international human rights course and is suitable for use as a stand-alone textbook.

Care, Migration and Human Rights

Law and Practice

Author: Siobhán Mullally

Publisher: Routledge

ISBN: 1317646037

Category: Law

Page: 182

View: 454

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The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status – has frequently been neglected. It is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Only recently has human rights law has begun to address the structured inequalities and exclusions that define the domain of domestic work. This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on ‘primary care providers’, as well as the effect that trends in migration law have on migrant domestic workers. This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies.

Human Rights Law and Practice

Author: David Pannick,Javan Herberg

Publisher: N.A

ISBN: 9781405736862

Category: Civil rights

Page: 974

View: 4217

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This third edition of Lester, Pannick and Herberg: Human Rights Law and Practice has been substantially re-written to take account of the major changes which have occurred in this area of the law. It includes not only a summary of European and UK human rights law but also wider international and comparative case law. It places this subject within its wider parliamentary context and connects with other jurisdictions.Up-to-date as of March 2009 to include the very latest cases, such as the judgment of the Grand Chamber of the European Court of Human Rights in A v United Kingdom (finding that the United Kingdom was in breach of the Convention by detaining terrorist suspects without trial in Belmarsh Prison); judgment of the Court of Appeal in Purdy v DPP (how Convention rights apply in the context of a possible criminal prosecution of a man who assists his seriously ill wife to travel to Switzerland to commit suicide); and the House of Lords' judgment in RB (Algeria) v SSHD (considering risk of Art 3 ill-treatment on return and the return state's assurances, and Art 6 in connection with the removed person's right to a fair trial).Issues arising under the Human Rights Act, such as freedom of expression, conscience and belief, freedom of assembly and fair trial receive comprehensive treatment within the text. International Human Rights codes and comparative human rights law elsewhere in the Commonwealth, Ireland and the United States are also discussed. With specific chapters analysing the political history and the role of parliament in its conception and enforcement, this practical book covers all the information you need to interpret the Human Rights Act 1998 and this complicated area of law.Includes coverage on the UK government's Green Paper, Rights and Responsibilities: Developing Our Constitutional Framework.

The Slave Trade and the Origins of International Human Rights Law

Author: Jenny S. Martinez

Publisher: OUP USA

ISBN: 0195391624

Category: History

Page: 254

View: 3316

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As Jenny Martinez shows in this groundbreaking new book, the international human rights law that we know today is not solely a post-World War II development, as most scholars claim, but rather has roots in one of the nineteenth century's central moral causes: the movement to ban the international slave trade. Martinez focuses in particular on international courts for the suppression of the slave trade. The courts, which were created by treaties and based in the Caribbean, West Africa,Cape Town, and Brazil, helped free more than 80,000 Africans from captured slave ships between 1807 and 1871. Here then, buried in the dusty archives of admiralty courts, ships' logs, and the British foreign office, Martinez uncovers the foundations of contemporary human rights law: international courts exercising jurisdiction over crimes against humanity" long before the Nuremberg trials. Fueled by a powerful thesis and drawing on novel evidence, Martinez's work will reshape the fields of human rights history and international human rights law."

The Oxford Handbook of International Human Rights Law

Author: Dinah Shelton

Publisher: Oxford University Press

ISBN: 0199640130

Category: Law

Page: 1018

View: 3110

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The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.