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The Duty to Investigate in Situations of Armed Conflict
This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.
The Requirement of Consultation with Indigenous Peoples in the ILO
In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach. Through a comprehensive analysis of state practice and human rights jurisprudence concerning indigenous peoples, the author explores the normative impact of ILO Convention No. 169, while revisiting the ILO’s potential to help harmonize different interpretations of the consultation requirement.
Overlapping Individual and Interstate Claims in International Law
Mechanisms for individuals to bring claims under international law have become increasingly common in recent decades, particularly in human rights and investment law. Nonetheless, when the International Law Commission codified the law of State responsibility, it largely ignored the bringing of international claims by individuals, and the relationship between such claims and those brought on the interstate level. Overlapping Individual and Interstate Claims in International Law is the first dedicated monograph examining this relationship - one that is of mounting importance on both a practical and theoretical level. This work provides a comprehensive survey of the potential for overlapping in...
Reparations for Victims of Genocide, War Crimes and Crimes against Humanity
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
Insights into Policies and Practices on the Right to Development
As the world continues to grapple with a range of practical development challenges that are directly linked to livelihood concerns about human well-being and declining living standards, often overlooked is the human right to development, which remains largely unfulfilled. In the face of successive global initiatives seeking to remedy these challenges, it has become urgent to ask what the universal recognition of the right to development implies if it cannot be translated into improved well-being for impoverished peoples around the world. The contributors in this timely volume argue that setbacks to development are deeply rooted in the failure to implement the right to development, which by nature guarantees equality of opportunities and equitable redistribution of the resources that contribute to better living standards. Assessing policy and practical measures (or the lack thereof), they offer practical suggestions for implementation that will make the right to development a reality for everyone.
Adjudicating Attacks Targeting Culture
This work proposes a toolkit for international legislators, judges and scholars to consider the adjudication of the causes, means and consequences of attacks targeting culture. Filling international law’s gap regarding culture, this work views the latter as a legacy oriented local-national-international triptych. Therein, culture can be anthropical or natural (fauna and flora), movable or immovable, secular or religious, tangible or intangible. Based on the practice of both modes of responsibility’s jurisdictions, this works proposes a novel typology of the victims of cultural damage. These are natural persons as members of the collective, the collective as the sum of natural persons, and legal persons as a result of damage inflicted on them or their property. Based on the practice of both modes of responsibility’s jurisdictions, this work considers attacks targeting culture as anthropo/heritage-centred and/or tangible-centred.
Reparations for Slavery in International Law
From the 'transatlantic slave trade' to the maangamizi -- The maangamizi and the making of international law -- Adjudicating the 'past' : the impact of time on reparability -- Towards a theory of reparatory justice -- Expanding understandings of reparatory justice through multiple modalities of redress --The causal chains connecting historical enslavement and contemporary redress -- Reparatory justice in transition.
Indigenous Land Rights in the Inter-American System
Rights to their traditional lands and resources are essential to the survival of indigenous peoples. They have been formulated and advanced in the most progressive way by the Inter-American system of human rights protection. In this book, Mariana Monteiro de Matos analyzes, in detailed and comprehensive inquiry, the pertinent jurisprudence of the Inter-American Commission and Court of Human Rights. She identifies three distinct waves of decision regarding the objects of ownership or possession, the rights associated, and the holders of the rights. Originally, the book also offers a profound analysis of corollary procedural law.
Effective Domestic Remedies and the European Court of Human Rights
The most comprehensive analysis of the right to effective domestic remedies in the European Convention on Human Rights Article 13.
International Human Rights Law and Diplomacy
This incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades’ experience in the field.
