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Australia and the Birth of the International Bill of Human Rights, 1946-1966
Australia and the Birth of the International Bill of Human Rights provides the first in depth examination of Australia's first reactions to 'international human rights' during the negotiations for the International Bill of Rights: the Universal Declaration of Human Rights, the ICCPR and ICESCR. It follows Australian policy from 1946, the first year in which the United Nations began discussing a Bill of Rights until 1966 when the twin Covenants were finalized. The book looks at what successive Australian Governments understood by 'human rights' and how they responded to discussion of sensitive domestic topics such as: immigration policies self-determination for inhabitants of trust territorie...
Timor-Leste’s Bill of Rights
The Constitution of the Democratic Republic of Timor-Leste of 2002 contains over 40 human rights provisions in its Bill of Rights. In addition to providing an overview of the process leading up to the adoption of the Constitution, this book brings together information relating to each section of the Bill of Rights, presenting: progressive texts produced during the process of the Constituent Assembly;highlights of the arguments put forward within the Constituent Assembly concerning the draft provisions, including alternative proposals advanced;submissions made by Timorese officials, civil society and international bodies; andthe results of consultation with the broader community before and during the constitutional process. It is designed to be useful in particular to judges and legal practitioners called upon to interpret the Constitution, government officials and civil society actors involved in human rights work, as well as students of history and constitutional law in Timor-Leste and internationally.
Human Rights in Twentieth-Century Australia
Human rights in Australia have a contested and controversial history, the nature of which informs popular debates to this day.
National Perspectives on Housing Rights
More than one billion people around the world do not have adequate housing. How far does human rights law help to remedy this problem? What measures must governments take to protect people against housing rights violations? What are the strengths and weaknesses of human rights law in the housing area? Is the current law enough, or are new laws necessary? These and many other questions are addressed in the various chapters contained in National Perspectives on Housing Rights. While most coverage of economic, social and cultural rights has tended to focus on international standards and principles, this book examines the more challenging question of how housing rights are implemented at the nat...
The Role of International Law in Rebuilding Societies After Conflict
The genesis of this book was a workshop entitled 'Empire or Empowerment? The Role of International Law in Building Democracy and Justice after Conflict' held at the Australian National University in Canberra on 9-10 August 2007
Timor Leste's Bill of Rights
The Constitution of the Democratic Republic of Timor-Leste of 2002 contains over 40 human rights provisions in its Bill of Rights. In addition to providing an overview of the process leading up to the adoption of the Constitution, this book brings together information relating to each section of the Bill of Rights, presenting: - progressive texts produced during the process of the Constituent Assembly; - highlights of the arguments put forward within the Constituent Assembly concerning the draft provisions, including alternative proposals advanced; - submissions made by Timorese officials, civil society and international bodies; and - the results of consultation with the broader community before and during the constitutional process. It is designed to be useful in particular to judges and legal practitioners called upon to interpret the Constitution, government officials and civil society actors involved in human rights work, as well as students of history and constitutional law in Timor-Leste and internationally.
The Legacy of Nuremberg
In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual crimin...
Strengthening the Rule of Law through the UN Security Council
The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council. This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.
The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order
In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores how United Nations inquiries navigate considerations of principle and pragmatism to discern their identity in the international legal order.
Investigating Operational Incidents in a Military Context
‘Operational incidents’ denotes misconduct, misdeeds or mishaps that occur on military operations, whether concerning the mistreatment of enemy soldiers, offences against civilians, conflict of varying levels within one’s own forces, or accidents that lead to injury or death within a theatre of operations. Alleged breaches of IHL or the disciplinary regulations of particular militaries require at the very least an initial assessment to determine the facts and then, if warranted, a more substantial investigation. The need for robust investigations, however, is not always matched by the will and the ability to undertake them. There is at last a sufficient body of experience on which we can reflect, in this volume, on such investigations, their challenges, and their likely evolution.
