The Law, Policy and Politics of the UN Human Rights Council

Author: Bertrand G. Ramcharan

Publisher: BRILL

ISBN: 9004289038

Category: Political Science

Page: 304

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It is the merit of this book to present the Human Rights Council in terms of its mandates, roles and organization while seeking to remind the membership and the international community at large that the Council must be anchored in the modern human rights law of the Charter - of which the author gives a superb presentation. The book then proceeds to make the case that human rights are part of international constitutional law and this is exceedingly important at a time when universal values have come under stress from various quarters including from terrorist formations. The argument of the book is essentially that the modern human rights law of the Charter and the human rights provisions of international constitutional law must take precedence for everyone, everywhere.

The United Nations and Changing World Politics

Author: Thomas G. Weiss,David P Forsythe,Roger A. Coate,Kelly-Kate Pease

Publisher: Hachette UK

ISBN: 0813350476

Category: Political Science

Page: 450

View: 9482

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This completely revised and updated eighth edition serves as the definitive text for courses in which the United Nations is either the focus or a central component. Built around three critical themes in international relations-peace and security, human rights and humanitarian affairs, and sustainable human development-the eighth edition of The United Nations and Changing World Politics guides students through the seven turbulent decades of UN politics. This new edition is fully revised to incorporate recent developments on the international stage, including new peace operations in Mali and the Central African Republic; ongoing UN efforts to manage the crises in Libya, Syria, and Iraq; the Iran Nuclear Deal; and the new Sustainable Development Goals. The authors discuss how international law frames the controversies at the UN and guides how the UN responds to violence and insecurity, gross violations of human rights, poverty, underdevelopment, and environmental degradation. Students of all levels will learn that the UN is a complex organization, comprised of three interactive entities that cooperate and also compete with each other to define and advance the UN's principles and purposes.

International Human Rights

Problems of Law, Policy, and Practice

Author: Hurst Hannum,Dinah L. Shelton,S. James Anaya,Rosa Celorio

Publisher: Wolters Kluwer Law & Business

ISBN: 1454876662

Category: Law

Page: 1320

View: 8259

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The Sixth Edition of International Human Rights provides students with an accessible, problem-based pedagogy that forces them consider the fundamental human rights issues of from political and legal perspectives. Balancing practical considerations and underlying theory, this outstanding and newly expanded authorship team delivers a comprehensive text that examines the historical underpinnings and contemporary considerations that animate human rights efforts across the globe. Professors and students will benefit from: Streamlined text with contents being more intuitive; eliminating the underutilized section on International Criminal Law and reapportioning those materials elsewhere, and condensing the International Humanitarian Law section. Thoroughly updated text that includes recent scholarship, reports from International Tribunals, and changes in International Human Rights landscape. An incorporation of recent resolutions from international tribunals and decisions for international adjudicatory bodies.

The Law of International Human Rights Protection

Author: Walter Kälin,Jörg Künzli

Publisher: Oxford University Press, USA

ISBN: 0199565201

Category: Political Science

Page: 539

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Human rights are invoked on many occasions. But are they more than lofty values and abstract principles? In providing a concise but comprehensive overview of international human rights protection at the global and regional levels, this book offers an introduction to the ideas, conceptual underpinnings, and doctrine of international human rights law including the sources, legal nature, and scope of application of human rights obligations. The issues of implementation and enforceability at the domestic, regional, and universal level are explored, and the impact of the recently established Human Rights Council is assessed. The substantive guarantees covering economic, social, and cultural as well as civil and political rights based on the case law of UN treaty bodies and relevant regional courts are evaluated. This book shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. It explores the various mechanisms set up by the international community to monitor the implementation of human rights guarantees and to decide individual cases brought to the attention of human rights courts and quasi-judicial bodies at the international level. Its last part contains a detailed exploration of the meanings of human rights guarantees, such as the right to life, the prohibition of torture, non-discrimination, economic rights, and many others.

Economic, Social, and Cultural Rights

A Legal Resource Guide

Author: Scott Leckie,Anne Gallagher

Publisher: University of Pennsylvania Press

ISBN: 0812205383

Category: Law

Page: 776

View: 2206

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In response to a growing global awareness of human poverty and the increasing potential of human rights law as a tool that can be used by the poor to achieve their basic rights, the international body of law, policy and relevant standards on economic, social, and cultural rights has expanded markedly in recent years. Economic, Social, and Cultural Rights: A Legal Resource Guide provides, for the first time, a comprehensive, consolidated source of most major international agreements recognizing economic, social and cultural rights. Readers interested in workers' rights, trade union rights, the right to an adequate standard of living, the right to housing, the right to food, the right to health, the right to education, and the right to culture will find this book a vital source of information on the exact legal sources, definitions, and enforcement possibilities associated with these rights. The guide contains key treaties, declarations, general comments, interpretive texts, and charters. Economic, Social, and Cultural Rights: A Legal Resource Guide is an indispensable reference work for all those working in the field of international human rights law. Lawyers, researchers, governmental civil servants, ministerial officials, NGO staff, United Nations and other international officials, aid agencies, community-based organizations, students, and others will find this consolidated source of materials on economic, social, and cultural rights a useful addition to any reference library. Economic, Social, and Cultural Rights: A Legal Resource Guide is organized in an easy-to-use format and is accessible to both lawyers and nonlawyers. The inclusion of legal, policy, and explanatory standards on economic, social, and cultural rights will enable the reader to know not only the law on these rights but the actual meaning accorded these rights under the law.

China, the United Nations, and Human Rights

The Limits of Compliance

Author: Ann Kent

Publisher: University of Pennsylvania Press

ISBN: 0812200934

Category: Law

Page: 336

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Selected by Choice magazine as a Outstanding Academic Book for 2000 Nelson Mandela once said, "Human rights have become the focal point of international relations." This has certainly become true in American relations with the People's Republic of China. Ann Kent's book documents China's compliance with the norms and rules of international treaties, and serves as a case study of the effectiveness of the international human rights regime, that network of international consensual agreements concerning acceptable treatment of individuals at the hands of nation-states. Since the early 1980s, and particularly since 1989, by means of vigorous monitoring and the strict maintenance of standards, United Nations human rights organizations have encouraged China to move away from its insistence on the principle of noninterference, to take part in resolutions critical of human rights conditions in other nations, and to accept the applicability to itself of human rights norms and UN procedures. Even though China has continued to suppress political dissidents at home, and appears at times resolutely defiant of outside pressure to reform, Ann Kent argues that it has gradually begun to implement some international human rights standards.

A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia

The Case for a Southeast Asian Court of Human Rights

Author: Hao Duy Phan

Publisher: Martinus Nijhoff Publishers

ISBN: 9004222162

Category: Social Science

Page: 261

View: 8610

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This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection.

The Changing Nature of Religious Rights under International Law

Author: Malcolm Evans,Peter Petkoff,Julian Rivers

Publisher: OUP Oxford

ISBN: 0191509426

Category: Political Science

Page: 340

View: 3832

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The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious 'Bills of Rights'. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.

Human Security and Non-Citizens

Law, Policy and International Affairs

Author: Alice Edwards,Carla Ferstman

Publisher: Cambridge University Press

ISBN: 0521513294

Category: Law

Page: 614

View: 5959

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Can the concept of 'human security' help to address the multiple challenges facing non-citizens in a new global era?

Handbook on HIV and Human Rights for National Human Rights Institutions

Author: United Nations. Office of the High Commissioner for Human Rights

Publisher: United Nations Publications

ISBN: 9789211541816

Category: Medical

Page: 46

View: 5958

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This handbook is designed to assist national human rights institutions to integrate HIV into their mandate to protect and promote human rights. It provides a basic overview of the role of human rights in an effective response to the epidemic and suggests concrete activities that national institutions can carry out within their existing work. It also presents possibilities for engaging with the national HIV response in order to protect and promote human rights . The handbook is primarily intended for use by staff of national human rights institutions, civil society organizations, networks of people living with HIV and national AIDS programs. It should be read together with the International Guidelines on HIV/AIDS and Human Rights.--Publisher's description.

Forced Migration, Human Rights and Security

Author: Jane McAdam

Publisher: Bloomsbury Publishing

ISBN: 1847314147

Category: Law

Page: 316

View: 7003

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The international protection regime for refugees and other forced migrants seems increasingly at risk as measures designed to enhance security-of borders, of people, of institutions, and of national identity-encroach upon human rights. This timely edited collection responds to some of the contemporary challenges faced by the international protection regime, with a particular focus on the human rights of those displaced. The book begins by assessing the impact of anti-terrorism laws on refugee status, both at the international and domestic levels, before turning to examine the function of offshore immigration control mechanisms and extraterritorial processing on asylum seekers' access to territory and entitlements (both procedural and substantive). It considers the particular needs and rights of children as forced migrants, but also as children; the role of human rights law in protecting religious minorities in the context of debates about national identity; the approaches of refugee decision-makers in assessing the credibility of evidence; and the scope for an international judicial commission to provide consistent interpretative guidance on refugee law, so as to overcome (or at least diminish) the currently diverse and sometimes conflicting approaches of national courts. The last part of the book examines the status of people who benefit from 'complementary protection'-such as those who cannot be removed from a country because they face a risk of torture or cruel, inhuman or degrading treatment or punishment-and the scope for the broader concept of the 'responsibility to protect' to address gaps in the international protection regime.

Human Rights Diplomacy

Author: Rein Mullerson

Publisher: Routledge

ISBN: 1136191135

Category: Political Science

Page: 240

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In this insightful analysis of human rights diplomacy Rein Mullerson examines the way foreign policy instruments are used to promote human rights abroad as well as how human rights issues are used for the sake of other foreign policy aims. The book explores the relationship between human rights and international stability, the role of non-governmental organisations, the business community and mass media in formulating human rights agendas for governments and inter-governmental organisations. Also addressed are issues such as the universality of human rights in a multi-cultural world and the impact of religious and nationalistic extremism. Rein Mullerson concludes by looking at the role of the UN and other international bodies engaged in the promotion of human rights and how military force can be an option in settling violations The author argues that it tends to be regimes that are hostile to human rights which in turn cause instability in the international community. Throughout the work it is demonstrated that a concern for human rights is legitimate because of the impact they have on international relations and because of the common bonds that link all people.

The European Union and Multilateral Governance

Assessing EU Participation in United Nations Human Rights and Environmental Fora

Author: Hans Bruyninckx,Sudeshna Basu

Publisher: Springer

ISBN: 023037591X

Category: Political Science

Page: 285

View: 6127

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An interdisciplinary approach to the study of the EU in UN human rights and environmental governance which addresses the legal and political science dimensions. With contributions from academics and policy-makers, this volume is a comprehensive analysis of how the challenges it faces impact on the EU's position in UN fora.

Transparency and Proportionality in the Schengen Information System and Border Control Co-Operation

Author: Stephen Kabera Karanja

Publisher: Martinus Nijhoff Publishers

ISBN: 9004162232

Category: Political Science

Page: 466

View: 9371

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This volume offers an evaluation of the Schengen Information System and border control co-operation from a transparency and proportionality perspective. It also incorporates a legal descriptive analysis of the co-operation in order to accommodate the changes and developments that occurred during the writing period. The transparency and proportionality perspectives are developed from human rights and data protection criteria. Transparency is understood as knowledge and accessibility to legal information as well as openness and accountability. On the other hand, proportionality is a requirement for guidance, balance and justification as well as a need to avoid excessiveness and arbitrariness in border control work. The final findings reveal that the Schengen co-operation suffers from a deficiency of transparency and proportionality. Consequently, measures are proposed to augment the deficiency. Even as this study was reaching its conclusion, fundamental legislative changes, closely similar to some of the arguments and recommendations projected in this study, took place. The efficacy of these changes is yet to be discerned.

Studying Human Rights

Author: Todd Landman

Publisher: Routledge

ISBN: 1134341431

Category: Political Science

Page: 192

View: 9201

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This book draws on key theories and methods from the social sciences to develop a framework for the systematic study of human rights problems. It argues that solid empirical analysis of human rights problems rests on examining the observable practices from state and non-state actors that constitute human rights violations to provide plausible explanations for their occurrence and provide deeper understanding of their meaning. Such explanations and understanding draws on the theoretical insights from rational, structural and cultural approaches in the social sciences. This book includes: an outline of the scope of human rights the terrain of key actors that have an impact on human rights a summary of the social science theories, methods and measures for studying human rights a separate treatment of global comparative studies, truth commissions, and human rights impact assessment. Studying Human Rights is the first book to use the synthesis of social sciences approaches to studying human rights and its quantitative and qualitative approach provides useful insights. This book makes a unique contribution to the existent literature on human rights and is an invaluable tool for both scholars and practitioners of this area.

United Nations Human Rights Council

Issues for Congress

Author: Luisa Blanchfield

Publisher: DIANE Publishing

ISBN: 1437921221

Category:

Page: 19

View: 4783

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Contents: (1) Overview of the U.N. Comm. on Human Rights: The U.S. and U.N. Human Rights Efforts; The U.N. Human Rights Council and U.N. Reform; (2) Council Mandate and Respon.; Council Structure and Composition; (3) Overview of the Council¿s Work and Elections; Controversial Issues and the Sec.-General¿s Response; (4) Election Results: U.S Response; Obama Admin.; Bush Admin.; Congressional Actions re: Council Funding; (5) Congressional Issues: U.S. Funding of the Council; Effectiveness of the Council; The Council and Alleged U.S. Human Rights Abuses; Council Report on Detainees in Guantanamo Bay; Inquiry of the Council¿s Special Rapporteur on Human Rights while Countering Terrorism, and on Human Rights of Migrants.

Challenges in Human Rights

A Social Work Perspective

Author: Elisabeth Reichert

Publisher: Columbia University Press

ISBN: 0231510349

Category: Social Science

Page: 296

View: 9741

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By using human rights as a guidepost, social workers can help create social welfare policies that better serve societal needs. However, in applying human rights to contemporary situations, social workers often encounter challenges that require thinking outside the box. Bringing together provocative essays from a diverse range of authors, Elisabeth Reichert demonstrates how approaching social work from a human rights perspective can profoundly affect legislation, resource management, and enforcement of policies. Topics include the reconciliation of cultural relativism with universal human rights; the debate over whether human rights truly promote economic and social development or simply allow economically developed societies to exploit underdeveloped countries; the role of gender in the practice of human rights; the tendency to promote political and civil rights over economic and social rights; and the surprising connection between the social work and legal professions.

Trade, Foreign Policy and Defence in EU Constitutional Law

The Legal Regulation of Sanctions, Exports of Dual-use Goods and Armaments

Author: Panos Koutrakos

Publisher: Hart Publishing

ISBN: 1841131660

Category: Law

Page: 243

View: 4924

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The recent developments regarding the defence and security identity of the European Union and the debate over the nature of an enlarged Union make this book all the more topical.