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The Abolition of the Death Penalty in International Law
This is the 2002 third edition of William A. Schabas's highly praised study of the abolition of the death penalty in international law. Extensively revised to take account of developments in the field since publication of the second edition in 1997, the book details the progress of the international community away from the use of capital punishment, discussing in detail the abolition of the death penalty within the United Nations human rights system, international humanitarian law, European human rights law and Inter-American human rights law. New chapters in the third edition address capital punishment in African human rights law and in international criminal law. An extensive list of appendices contains many of the essential documents for the study of capital punishment in international law. The Abolition of the Death Penalty in International Law is introduced with a Foreword by Judge Gilbert Guillaume, President of the International Court of Justice.
Liberae Cogitationes
On January 9, 2014, Marc Bossuyt, President of the Belgian Constitutional Court, was awarded emeritus status. As a tribute for his remarkably prolific career, this Liber amicorum, to which more than 50 colleagues and friends have contributed, expresses the appreciation inspired by Bossuyt's magnificently fine career. The editorial committee did not have to look far to choose the subject of the book. Indeed, "Human Rights" is the common theme in the multifaceted career of Marc Bossuyt, and a theme that is very close to his heart. He has always considered freedom of speech and the exchange of ideas with others as very important. With his strong power of persuasion, Bossuyt conveyed his solidly underpinned points-of-view to his numerous interlocutors and challenged them to interesting debates on fundamental issues in a state governed by the rule of law and, in particular, on the protection of human rights.
The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom
Increasingly, debates about religious symbols in the public space are reformulated as human rights questions and put before national and international judges. Particularly in the area of education, legitimate interests are manifold and often collide. Children’s educational and religious rights, parental liberties vis-à-vis their children, religious traditions, state obligations in the area of public school education, the state neutrality principle, and the professional rights and duties of teachers are all principles that may warrant priority attention. Each from their own discipline and perspective––ranging from legal (human rights) scholars, (legal) philosophers, political scientists, comparative law scholars, and country-specific legal experts––these experts contribute to the question of whether in the present-day pluralist state there is room for state symbolism (e.g. crucifixes in classroom) or personal religious signs (e.g. cross necklaces or kirpans) or attire (e.g. kippahs or headscarves) in the public school classroom.
The European Court of Human Rights and its Discontents
The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue...
Temporary Special Measures
Revised papers en comments that were presented at the meeting organised in Maastricht, in October 2002. The aim of the meeting was threefold: to provide input for the CEDAW Committee; stimulate the legal debate on the issue of temporary measures; and contribute towards the promotion of positive action measures in the Netherlands.
International Human Rights Law
This fully updated edition offers coverage of new topics and a more student-friendly design, while retaining the original style and features.
The Incoherence of Human Rights in International Law
Incoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the huma...
International Human Rights Protection
"[This book] is based on the author's personal research and personal involvement with a wide range of subjects, such as: the basic concepts of civil and social rights; discrimination and affirmative action; issues of procedure and jurisdiction; the death penalty; and issues such as the protection of refugees, minorities and victims of armed conflicts. At the universal level, the book introduces the reader to the labyrinth of United Nations Charter-based and treaty-based procedures. As well as an overview of the Inter-American and African systems, it deals at the regional level-particularly with the case law of the European Court of Human Rights in Strasbourg, and also looks at the national l...
The Human Rights of Aliens under International and Comparative Law
This volume deals with the basic human rights of aliens from the perspective of international and comparative law. It examines the rules regarding treatment of aliens and the extent to which these rules have been adopted in the domestic legislation of more than 40 different states. It aims to achieve two basic goals: 1) to define the status of aliens under international law, that is, which rights are granted to every person by international instruments; and 2) to establish whether this set of rules has been adopted by the domestic legislation of the states under review. The author classifies the basic human rights of aliens into seven different categories, namely: 1) fundamental rights; 2) private rights; 3) social and cultural rights; 4) economic rights; 5) political rights; 6) public rights; and 7) procedural rights. For each of these categories she reviews opinions of international legal commentators, decisions of international and regional tribunals, as well as national legislation, domestic court decisions, and opinions of local authorities.
