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The International Law of Human Rights and States of Exception
This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.
Tangled Roots
What do we really know about the contributing causes of terrorism? Are all forms of terrorism created equal, or are there important differences in terrorisms that one must know about to customize effective counter-strategies? Does poverty cause terrorism? This book talks about the basic human ingredients that combust to produce violent extremism.
International Courts and the Development of International Law
This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play...
International Humanitarian Law and Human Rights Law
Drawing upon previous theories on the relationship between human rights law and international humanitarian law, this book examines on the basis of a series of individual case-studies the new theoretical trend arguing for a merge of these two sets of norms.
States of Emergency in Liberal Democracies
In an emergency, statesmen concentrate power and suspend citizens' rights. These emergency powers are ubiquitous in the crisis government of liberal democracies, but their nature and justification is poorly understood. Based on a pluralist conception of political ethics and political power, this book shows how we can avoid the dangers and confusions inherent in the norm/exception approach that dominates both historical and contemporary debate. The book shows how liberal values need never - indeed must never - be suspended, even in times of urgency. Only then can accountability remain a live possibility. But at the same time, emergency powers can sometimes be justified with reference to extra-liberal norms that also operate in times of normalcy. By emphasizing the continuity between times of normalcy and emergency, the book illuminates the norms of crisis government, broadening our understanding of liberal democratic government and of political ethics in the process.
The Evolution of International Human Rights
This widely acclaimed and highly regarded book, used extensively by students, scholars, policymakers, and activists, now appears in a new third edition. Focusing on the theme of visions seen by those who dreamed of what might be, Lauren explores the dramatic transformation of a world patterned by centuries of human rights abuses into a global community that now boldly proclaims that the way governments treat their own people is a matter of international concern—and sets the goal of human rights "for all peoples and all nations." He reveals the truly universal nature of this movement, places contemporary events within their broader historical contexts, and explains the relationship between ...
Preventive Detention of Terror Suspects
Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compa...
Empire, Emergency and International Law
This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.
The Concept of Security in International Law
This book explores how the concept of security interacts with the rigid framework of international law to test the hypothesis that the system of public order among states is regulated under the rule of law.
