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Human Rights in States of Emergency in International Law

Author : Jaime Oraá

Publisher :

Page : 320 pages

File Size : 15,37 MB

Release : 1992

Category : Law

ISBN :

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Book Description

In the last decade, grave violations of human rights have occurred during states of emergency such as armed conflict, subversion, and terrorism. Many sovereign states are notorious for using a state of emergency as an excuse for breaching human rights, and one of the most important problems in the international protection of human rights is that of identifying the standards governing these rights. This volume examines human rights in the context of treaty law and general international law. It analyzes the rules, principles, and obligations which international law has developed to cope with these situations.



The International Law of Human Rights and States of Exception

Author : Anna-Lena Svensson-McCarthy

Publisher : BRILL

Page : 808 pages

File Size : 42,14 MB

Release : 2021-09-27

Category : Law

ISBN : 9004479317

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Book Description

This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.



Human Rights in Crisis

Author : Joan M. Fitzpatrick

Publisher : University of Pennsylvania Press

Page : 276 pages

File Size : 12,67 MB

Release : 2018-01-15

Category : Political Science

ISBN : 1512815926

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Book Description

Recent events in South America, central Europe, Africa, and Russia have again brought to the world's attention the complex interrelationship between states of emergency and the preservation of fundamental human rights. In Human Rights in Crisis, Joan Fitzpatrick offers the first systematic and comprehensive effort to examine the multifaceted system for monitoring human rights abuses under "states of exception." Unlike previous studies, this book does not focus on substantive norms governing crises, but rather on how those norms might best be implemented. Building upon her six-year study for the International Law Association, the author confronts the difficulties in defining a coherent concept of emergency, particularly the various forms of de facto emergencies that have been relatively neglected by international monitors. She also profiles and carefully critiques the numerous international bodies that have monitored human rights abuses during states of exception. These bodies include not only the treaty organs of the United Nations, the Council of Europe, and the Organization of American States but also the political organs of the United Nations (especially the Commission on Human Rights), the International Labor Organization, and the emerging structures of the Conference on Security and Cooperation in Europe.



Human Rights in War

Author : Damien Rogers

Publisher : Springer

Page : 485 pages

File Size : 46,34 MB

Release : 2022-03-20

Category : Law

ISBN : 9789811621154

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Book Description

This volume is the most comprehensive and up-to-date compilation of in-depth analyses on human rights violations committed in war. It offers myriad perspectives on the content and application of legal protections offered to civilians, including women, children and the elderly, and to others who are ‘no longer active in the fight.’ A series of carefully researched case studies illustrates the extent to which human rights violations occur in recent and current armed conflict, and signals the ways in which these violations are dealt with. Each of the contributing authors has been selected on the basis of their international academic reputation and/or professional standing within the human rights field. Given the alarming numbers of people harmed in recent and current armed conflict, this book will be of great interest to researchers, policymakers and opinion-shapers alike.



Empire, Emergency and International Law

Author : John Reynolds

Publisher : Cambridge University Press

Page : 343 pages

File Size : 17,53 MB

Release : 2017-08-10

Category : Law

ISBN : 1107172519

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Book Description

This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.





Necessity and National Emergency Clauses

Author : Diane A. Desierto

Publisher : Martinus Nijhoff Publishers

Page : 433 pages

File Size : 30,46 MB

Release : 2012-01-05

Category : Political Science

ISBN : 9004218521

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Book Description

Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.





Permanent State of Emergency

Author : Ryan Alford

Publisher : McGill-Queen's Press - MQUP

Page : 333 pages

File Size : 49,98 MB

Release : 2017-06-01

Category : Political Science

ISBN : 0773549218

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Book Description

In the wake of the attacks of September 11, 2001, the United States launched initiatives that test the limits of international human rights law. The indefinite detention and torture of detainees at Guantánamo Bay, targeted killing, and mass surveillance require an expansion of executive authority that negates the rule of law. In Permanent State of Emergency, Ryan Alford establishes that the ongoing failure to address human rights abuses is a symptom of the most serious constitutional crisis in American history. Instead of curbing the increase in executive power, Congress and the courts facilitated the breakdown of the nation’s constitutional order and set the stage for presidential supremacy. The presidency, Alford argues, is now more than imperial: it is an elective dictatorship. Providing both an overview and a systematic analysis of the new regime, he objectively demonstrates that it does not meet even the minimum requirements of the rule of law. At this critical juncture in American democracy, Permanent State of Emergency alerts the public to the structural transformation of the state and reiterates the importance of the constitutional limits of the American presidency.



The Universal Declaration of Human Rights in the 21st Century

Author : Gordon Brown

Publisher : Open Book Publishers

Page : 129 pages

File Size : 28,74 MB

Release : 2016-04-18

Category : Political Science

ISBN : 1783742216

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Book Description

The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.