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Die Schutzverantwortung (R2P)
Das Konzept der Schutzverantwortung (Responsibility to Protect) hat nach seiner ersten fundierten Aufbearbeitung im Bericht der International Commission on Intervention and State Sovereignty (ICISS) im Jahr 2001 und der Aufnahme in das Abschlussdokument des UN-Weltgipfels 2005 weltweit einen Siegeszug angetreten. Das Denken und Argumentieren in Völkerrechtswissenschaft und –praxis ist mittlerweile nachhaltig davon geprägt. Dennoch bleiben viele Fragen in diesem Zusammenhang offen. In diesem Band diskutieren Experten des Internationalen Rechts Grundsatzaspekte der Schutzverantwortung. Diese wird in ihrer historischen Dimension analysiert, es wird geprüft, wie sich dieses Konzept in das a...
The Refugee Definition in International Law
In international law, the refugee definition enshrined in Article 1A(2) of the Refugee Convention and its 1967 Protocol is central. Yet, seven decades on, the meaning of its key terms are widely seen as unclear. The Refugee Definition in International Law asks whether we must continue to accept this or whether a systematic legal analysis can shed new light on this important term. The volume addresses several framework questions concerning approaches to definition, interpretation, ordering, and the interrelationship between the definition's different elements. Each element is then analysed in turn, applying Vienna Convention of the Law of Treaties rules in systematic fashion. Each chapter evaluates the main disputes that have arisen and seeks to distil basic propositions that are widely agreed, as well as certain suggested propositions for resolving ongoing debates. In the final chapter, the basic propositions are assembled to demonstrate that in fact there is now more clarity about the definition than many think and that considerable progress has been made toward achieving a working definition.
The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol
The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of intern...
Internationaler Kinderschutz
English summary: Children's rights are a very important topic in national and international law. A broad variety of measures has been adopted to combat the military, economic or sexual exploitation of children. These issues as well as questions related to international child abduction and international adoptions are dealt with in this volume. In addition, the final chapter focuses on children's rights under the new South African Constitution. Four of the seven chapters are written in English. German description: Kinderrechte scheinen en vogue zu sein - jedenfalls in der politischen Rhetorik. Die tatsachlichen Lebensverhaltnisse von Kindern - national wie international - sind demgegenuber zum...
Voting with Dollars
divdivIn this provocative book, two leading law professors challenge the existing campaign reform agenda and present a new initiative that avoids the mistakes of the past. Bruce Ackerman and Ian Ayres build on the example of the secret ballot and propose a system of “secret donation booths” for campaign contributions. They unveil a plan in which the government provides each voter with a special credit card account containing fifty “Patriot dollars” for presidential elections. To use this money, citizens go to their local ATM machine and anonymously send their Patriot dollars to their favorite candidates or political organizations. Americans are free to make additional contributions, ...
Multilateral Treaty-Making
This book focuses on the impact of social change on the rules relating to the forms and procedures of treaty-making, but inevitably also comes to focus on the content of the norms themselves, where, as in human rights and the environment, they have had an impact on the form and procedure of the treaty. It is of great value to all practitioners, academics, and policy-makers involved with, or interested in, the treaty-making process.
The Refugee Status of Persons with Disabilities
Persons with disabilities often face persecution. How does the 1951 Refugee Convention apply to them? In this first comprehensive study on the refugee definition for persons with disabilities, Stephanie Motz proposes a disability-specific approach to refugee status. The book provides a critical analysis of case law on refugee status determination focusing on four selected jurisdictions. Each chapter examines a different element of the refugee definition in light of the UN Convention on the Rights of Persons with Disabilities as well as international refugee law standards. This book is of particular interest to refugee and disability law scholars and an essential tool for courts and tribunals, practitioners and state authorities in the application of the refugee definition to asylum claims of persons with disabilities.
The Responsibility to Protect (R2P)
After having been introduced by the Report of the International Commission on Intervention and State Sovereignty (ICISS) in 2001 and after its affirmation by the UN World Summit in 2005 the concept of R2P has found broad approval both by international law doctrine and practice. It is fair to say that international law thinking has been profoundly influenced by this new approach. Nonetheless, many questions in this regard are still open. In this volume international lawyers discuss a series of fundamental aspect of R2P: the historical dimension, the relationship between R2P and general international law and the dynamics surrounding this concept. In particular it will be examined in which direction this concept will probably evolve. Contributors are: Alex Bellamy, Enzo Cannizzaro, Martina Caroni, Thomas Cottier, Hans-Georg Dederer, Fernand de Varennes, Oliver Diggelmann, Caro Focarelli, Andrea Gattini, Hans-Joachim Heintze, Peter Hilpold, Karolina Januszewski, Stefan Kadelbach, Federico Lenzerini, Manfred Nowak, Karin Oellers-Frahm, Nadakavukren Scheffer, Peter-Tobias Stoll, and Lotta Viikari
The Rising Complexity of European Law
The volume presents seven contributions which analyse two different progressive complex developments of European law: the legal challenges of adherence to the internal market without membership in the European Union in a comparative view of Norway (EEA) and Switzerland ("Bilateral Agreements"), and the legal answers to the financial and/or budgetary crisis and challenges in Europe. The common denominator of both subjects is the raising complexity of European law.--
Conceptualizing Femicide as a Human Rights Violation
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This thought-provoking book conceptualizes femicide as a multifaceted human rights violation and proposes state responsibility for group-related risks of violence against women and girls. In doing so, it reassesses the concept of femicide, analysing it in view of the crime of genocide, crimes against humanity, war crimes, as well as several facets of human rights.
