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State Responsibility and the Individual
The book reviews the modern tendency to recognize individuals aggrieved by a (grave) violation of their rights as holders of claims to reparation directly under international law. Indeed, the European as well as the American Convention on Human Rights empower the relevant Courts to grant appropriate compensation to any person whose complaint is successful. Under general international law, however, this tendency still lacks solid foundations, although a draft declaration currently pending before the UN Human Rights Commission ('van Boven Principles') would confirm the individual's entitlement to reparation as a matter of international law. Likewise, some US Courts have already tried to entert...
Due Process and International Terrorism
Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law s due process guarantees and proposes courses of action which can better defend a public order of human dignity.
Developments of International Law in Treaty Making
The book explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodies of the UN system, and International courts and tribunals.
Security Over Corporeal Movables
Held September 14-16, 1971 ; sponsored by the United Kingdom National Committee of Comparative Law.
Humiliation, Degradation, Dehumanization
Degradation, dehumanization, instrumentalization, humiliation, and nonrecognition – these concepts point to ways in which we understand human beings to be violated in their dignity. Violations of human dignity are brought about by concrete practices and conditions; some commonly acknowledged, such as torture and rape, and others more contested, such as poverty and exclusion. This volume collates reflections on such concepts and a range of practices, deepening our understanding of human dignity and its violation, bringing to the surface interrelationships and commonalities, and pointing to the values that are thereby shown to be in danger. In presenting a streamlined discussion from a negat...
Liberal Democracy and the Limits of Tolerance
An irony inherent in all political systems is that the principles that underlie and characterize them can also endanger and destroy them. This collection examines the limits that need to be imposed on democracy, liberty, and tolerance in order to ensure the survival of the societies that cherish them. The essays in this volume consider the philosophical difficulties inherent in the concepts of liberty and tolerance; at the same time, they ponder practical problems arising from the tensions between the forces of democracy and the destructive elements that take advantage of liberty to bring harm that undermines democracy. Written in the wake of the assasination of Yitzhak Rabin, this volume is...
Human Dignity
An analytical study of human dignity as the humanity of a person, as a constitutional value and a constitutional right.
International Law Reports
Volume 118 includes ICJ consular relations cases, European Court of Human Rights, and UN Human Rights Committee.
Complicity and the Law of State Responsibility
This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.
Human Flourishing: The End of Law
This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .
