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Methods of Human Rights Research
In academic human rights research, especially legal human rights research, little attention tends to be devoted to questions of methodology. One reason for this may be that human rights scholars often are (former) human rights activists. Dispensing with methodological niceties enables them to engage in wishful thinking and to come up with the conclusions they were hoping to find in the first place. Furthermore, although much emphasis continues to be put on the need to carry out human rights research from a multidisciplinary perspective, the methods to be applied in such research remain far from clear. Which criteria can be identified to qualify a piece of human rights research as a methodolo...
Core Obligations
2. History and Norms
The Extraterritorial Application of the Human Right to Water in Africa
Argues that international human rights and water laws provide legal bases for the right to water and its extraterritorial application.
Human Rights in Education, Science, and Culture : Legal Developments and Challenges
Human rights are at the heart of UNESCO's work in the fields of education, science and culture. Conceived from an international human rights legal framework, this publication combines insights into the content, scope of application and corresponding state obligations of these rights with analyses of issues relating to their implementation.--Publisher's description.
Cases and Concepts on Extraterritorial Obligations in the Area of Economic, Social and Cultural Rights
From the Foreword by Prof. Olivier De Schutter, United Nations Special Rapporteur on the Right to Food: "This volume is the result of over ten years of research conducted jointly by non-governmental organisations and universities. It presents a range of cases in which the actions or omissions of States have impact on the enjoyment of human rights outside their national territory, raising the question of whether, and under which conditions, such conduct may engage the international responsibility of the States concerned. When the Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights were adopted on 28 September 2011, it is these ca...
Extraterritorial Application of Human Rights Treaties
"Whether as a result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders ... This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It points out inconsistencies in the practice of the supervisory bodies of these treaties and discusses the pros and cons of both a restrictive and an expansive approach."--Back cover.
Refugees and Rights
Forced migration is both as ancient as human life on earth and a relatively new subject of interest for human rights scholars. This volume continues the discussion from Migrants and Rights to focus attention on refugees, victims of trafficking and others who cross borders seeking protection from anthropogenic or natural disasters. The opening essays provide historical and conceptual overviews of rights to freedom of movement and asylum; and links between human rights and refugee law. Articles on the principle of non-refoulement in international law explore the occasional disjuncture between the individual’s right to protection and the State’s rights to protect its national interests. The...
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...
The African Human Rights System
This volume is a comprehensive treatment of the African human rights system in terms of the laws, practice, and institutions of the system. The volume discusses, analyzes, and evaluates normative instruments of the African system: the Charter of the Organization of the African Unity (OAU), and the African Charter on Human and Peoples' Rights, presenting article-by-article analysis of its provisions and those of the Protocol on the Establishment of the African Court on Human and Peoples' Rights. Similarly the OAU (now the African Union), the African Commission on Human and Peoples' Rights, and the proposed African Court on Human Rights, as institutions of the system, are discussed. The book emphasizes a comparative approach and presents a summary of the UN, the European and the Inter-American human rights mechanisms with regard to their impact on the African system. The role of NGOs in the African system is also considered, as well as the controversial issue of human rights in pre-colonial and colonial Africa.
International Law and Civil Wars
This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the ...
