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Urgency and Human Rights
This book deals with urgency and human rights. ‘Urgent’ is a word often used, in very different contexts. Yet together with a reference to human rights violations, it likely triggers images of people caught up in armed conflict, facing terror from either the state, gangs, paramilitaries, or terrorists. Or of people fleeing terror and facing walls, fences or seas, at risk of being returned to terror, or ignored, neglected, abused, deprived of access to justice and basic facilities, facing death, torture and cruel treatment. Here these both ongoing and expected violations are explored in the context of (quasi-)judicial proceedings as international tribunals and domestic courts are increasi...
Evolving Principles of International Law
This volume offers an overview of some emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time, and discussing leading principles through various different thematic lenses.
Preventing Irreparable Harm
International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, destruction of the natural habitat, or to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators the traditional concept of provisional measures has undergone a process of humanisation. This book addresses the question how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet th...
Judging International Human Rights
This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Can the European Court of Human Rights Shape European Public Order?
The first comprehensive analysis of the concept of European Public Order as deployed by the European Court of Human Rights.
An Institutional Approach to the Responsibility to Protect
This book presents an institutional perspective on realizing the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity.
Remedies for Human Rights Violations
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
The European Union's Emerging International Identity
The European Union officially acquired international legal personality with the entry into force of the Lisbon Treaty. Since then, the constitutional foundations of EU external relations have received an ever-greater amount of scholarly attention. So far however, the body of knowledge has remained limited with regard to how the Union is actually being perceived on the global scene. Moreover, its dealings with other international organizations constitute a similar, still underexplored topic. The European Union's Emerging International Identity breaks new ground by addressing both these themes in combination. The resulting volume offers an innovative inquiry into the EU’s image and status, based on a select number of studies of its position and functioning within the framework of eight international organizations.
The American Convention on Human Rights
This book offers a thorough, critical, and accessible analysis of the American Convention on Human Rights which is the main human rights treaty of the Americas. The authors closely review the jurisprudence and the binding judgments of the two institutions charged with interpreting the Convention: The Inter-American Court of Human Rights and The Inter-American Commission on Human Rights.They focus on the rights most developed by the Court and Commission, namely the rights to equality, life, humane treatment, personal liberty, property, due process and judicial protection, as well as the freedom of expression and reparations. They examine the case law with a victim-centered lens while identify...
