| Author | : Council of Europe |
| Publisher | : Council of Europe |
| Total Pages | : 32 |
| Release | : 1994-01-01 |
| Genre | : Political Science |
| ISBN | : 9789287125132 |
A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia
| Author | : Hao Duy Phan |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 288 |
| Release | : 2012-02-03 |
| Genre | : Law |
| ISBN | : 9004222170 |
This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.
The European Convention on Human Rights
| Author | : William A. Schabas |
| Publisher | : Oxford University Press |
| Total Pages | : 1433 |
| Release | : 2015-09-24 |
| Genre | : Law |
| ISBN | : 019106677X |
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
Essential Cases on Human Rights for the Police
| Author | : Ralph Crawshaw |
| Publisher | : BRILL |
| Total Pages | : 687 |
| Release | : 2006-09-01 |
| Genre | : Law |
| ISBN | : 9047418522 |
The purpose of this book is to review and summarize international cases identified as being essential for the police. The cases embody the jurisprudence of courts and bodies established under international law to secure compliance with international human rights and humanitarian standards, and they are essential for the police, and anyone seeking to understand the theory and practice of policing, because they have a direct bearing on the exercise of police powers and the performance of police functions. Part I provides a general introduction; Parts II and III concern police powers and respect for human rights, and police functions and protection of human rights. Part IV deals with police behaviour in times of armed conflict, disturbance and tension. Introductions to the parts and their respective chapters outline scope and contents.
Protocol No. 14 and the Reform of the European Court of Human Rights
| Author | : Wouter Vandenhole |
| Publisher | : Intersentia nv |
| Total Pages | : 166 |
| Release | : 2005 |
| Genre | : Civil rights |
| ISBN | : 9050954618 |
Chapter V. Execution of judgments.
Making Treaties Work
| Author | : Geir Ulfstein |
| Publisher | : Cambridge University Press |
| Total Pages | : 36 |
| Release | : 2007-04-12 |
| Genre | : Law |
| ISBN | : 1139464817 |
There is an increasing focus on the need for national implementation of treaties. International law has traditionally left enforcement to the individual parties, but more and more treaties contain arrangements to induce States to comply with their commitments. Experts in this 2007 book examine three forms of such mechanisms: dispute settlement procedures in the form of international courts, non-compliance procedures of an administrative character, and enforcement of obligation by coercive means. Three fields are examined, namely human rights, international environmental law, and arms control and disarmament. These areas are in the forefront of the development of international law and deal with multilateral, rather than purely bilateral issues. Each part of the book on human rights, international environmental law and arms control contain a general introduction and case studies of the relevant treaties in the field. Will appeal widely to both generalists and specialists in international law and relations.
Human Rights and the Administration of Justice
| Author | : Christopher Gane |
| Publisher | : BRILL |
| Total Pages | : 830 |
| Release | : 2023-12-18 |
| Genre | : Law |
| ISBN | : 9004637451 |
Human Rights and the Administration of Justice is the inaugural text of the Human Rights Institute of the International Bar Association and seeks to provide the legal practitioner, academic and student with the materials that reveal the extent of human rights protection, the procedures for bringing a complaint and the way in which the protection of human rights are incorporated into judicial procedures. As such it collects together materials including: - The texts of global and regional statements setting out fundamental human rights. - The rules of procedure of various international human rights tribunals. - International treaties and agreements on a range of specific aspects of the legal process reflecting how rights are (or should be) protected throughout the administration of justice. - The key human rights documents are introduced with an overview of the development and operation of human rights protection, and subsequent texts carry introductory notes. Human Rights and the Administration of Justice is a unique volume providing access to materials setting out the cornerstone protection of human rights by the United Nations and regional organisations in Europe, America and Africa, through common guidelines and protection established in relation to the conduct of officials; the treatment of prisoners; the use of the death penalty; the protection of children; the interests of victims; the prohibition of torture; the punishment of genocide and international legal co-operation such as extradition and mutual assistance. The statutes and rules of procedure for the current international tribunals in the Former Yugoslavia and Rwanda are included.
Redress for Victims of Crimes Under International Law
| Author | : Ilaria Bottigliero |
| Publisher | : Springer |
| Total Pages | : 320 |
| Release | : 2013-11-11 |
| Genre | : Law |
| ISBN | : 9401760276 |
Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.
The African Human Rights System
| Author | : Vincent O. Nmehielle |
| Publisher | : BRILL |
| Total Pages | : 478 |
| Release | : 2021-09-13 |
| Genre | : Law |
| ISBN | : 9004481060 |
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.
