Download or read book Resolving Conflicts between Human Rights written by Stijn Smet and published by Taylor & Francis. This book was released on 2016-11-10 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.
Download or read book Resolving Conflicts Between Human Rights written by Stijn Smet and published by . This book was released on 2014 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human Rights and Conflict Resolution written by Claudia Fuentes Julio and published by Routledge. This book was released on 2017-11-22 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights and conflict resolution have been traditionally perceived as two separate fields, sometimes in competition or in tension and occasionally with contradictory approaches towards achieving a lasting peace. Although human rights norms have been incorporated and institutionalized by various national, regional, and international organizations that deal with conflict resolution, negotiators and mediators are often pressured in practice to overlook international human rights principles in favor of compliance and more immediate outcomes. The chapters in this volume navigate the relationship between human rights and conflict resolution by fleshing out practical, conceptual, and institutional encounters of the two agendas and engaging with lessons learned and windows of opportunities for mutual learning. Recognizing the increasing relevance of this debate and important gaps in the current research on the topic, this book addresses the following questions: How can we improve our practical and theoretical understanding of the complementarity between human rights and conflict resolution? How would a human rights-based approach to conflict resolution look like? How are international, regional, and national organizations promoting, implementing, and/or adapting to better coordinate between human rights and conflict resolution? Building on empirical evidence from contemporary conflict resolution processes, how have human rights been integrated in different efforts on the ground? What are the main lessons learned in this regard? Examining a wide range of countries and issues, this work is essential reading for human rights, conflict resolution, and security experts including scholars, diplomats, policy-makers, civil society representatives, and students of international politics.
Download or read book Human Rights and Conflict written by Julie Mertus and published by US Institute of Peace Press. This book was released on 2006 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Human rights and conflict' is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle.
Download or read book Methods of Resolving Conflicts between Treaties written by Seyed-Ali Sadat-Akhavi and published by BRILL. This book was released on 2021-10-18 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues.
Download or read book Human Rights and Conflict Resolution in Context written by Eileen F. Babbitt and published by Syracuse University Press. This book was released on 2009-09-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventing sweeping human rights violations or wars and rebuilding societies in their aftermath require an approach encompassing the perspectives of both human rights advocates and practitioners of conflict resolution. While these two groups work to achieve many of the same goals—notably to end violence and loss of life—they often make different assumptions, apply different methods, and operate under different values and institutional constraints. As a result, they may adopt conflicting or even mutually exclusive approaches to the same problem. Eileen F. Babbitt and Ellen L. Lutz have collected groundbreaking essays exploring the relationship between human rights and conflict resolution. Employing a case study approach, the contributing authors examine three areas of conflict—Sierra Leone, Colombia, and Northern Ireland—from the perspectives of participants in both the peace-making and human rights efforts in each country. By spotlighting the role of activists and reflecting on what was learned in these cases, this volume seeks to push scholars and practitioners of both conflict resolution and human rights to think more creatively about the intersection of these two fields.
Download or read book Resolving Conflicts of Laws written by Mark James Leeming and published by . This book was released on 2011 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resolving Conflicts of Laws was cited 6 times by the High Court in Momcilovic v The Queen (2011) 2451 CLR 1; [2011] HCA 34. It has also been cited in the Same-Sex Marriage Case (Commonwealth of Australia v Australian Capital Territory) (2013) 250 CLR 441; [2013] HCA 55 at [61], in Plaintiff M47-2012 v Director General of Security (2012) 251 CLR 1; [2012] HCA 46 at [54] and [136], in Sportsbet Pty Ltd v New South Wales (2012) 249 CLR 298; [2012] HCA 13 at [10], in CFMEU v Director of the Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464; [2013] FCAFC 25 at [61]; in Wreck Bay Aboriginal Community Council v Williams [2017] ACTCA 46 at [45] and [47] and in a large number of other appellate and first instance decisions. An important feature in all legal systems, but especially in federations whose polities have overlapping legislative powers, is that those laws regularly conflict - or at least are claimed to conflict. Any coherent legal system must have principles for resolving such conflicts. Those principles are of immense practical as well as theoretical importance. This book, which straddles constitutional law and statutory interpretation, describes and analyses those principles.This book does not merely address the conflicts between Commonwealth and State laws resolved by the Constitution (although it does that and in detail). It analyses the resolution of all of the conflicts of laws that occur in the Australian legal system: conflicts between laws enacted by the same Parliament and indeed within the same statute, conflicts between Commonwealth, State, Territory, Imperial laws and delegated legislation.After identifying the laws in force in Australia, the chapters deal with:conflicts in laws made by the same legislature, focussing on the interpretative process of statutory construction;repugnancy, a doctrine with continuing vitality in the areas of s79 of the Judiciary Act, delegated legislation and Territory laws;conflicts between laws of the Commonwealth and State laws, proposing that the categories of inconsistency (commonly three: direct, indirect and "covering the field") are best seen aspects of a single constitutional concept;conflicts between the laws of two States, andconflicts involving the laws of the self-governing Territories
Download or read book International Conflict Resolution After the Cold War written by National Research Council and published by National Academies Press. This book was released on 2000-11-07 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.
Download or read book Human Rights and Conflict written by Julie Mertus and published by US Institute of Peace Press. This book was released on 2006 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Human rights and conflict' is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle.
Download or read book Theoretical Boundaries of Armed Conflict and Human Rights written by Jens David Ohlin and published by Cambridge University Press. This book was released on 2016-08-04 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.
Download or read book Context and Pretext in Conflict Resolution written by Kevin Avruch and published by Routledge. This book was released on 2015-11-17 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a distinguished scholar, this book explores themes of culture, identity, and power as they relate to conceptions of practice in conflict resolution and peacebuilding. Among the topics covered are ethnic and identity conflicts; culture, relativism and human rights; post-conflict trauma and reconciliation; and modeling varieties of conflict resolution practice. Context and Pretext in Conflict Resolution is the winner of the 2014 Conflict Research Society Book of the Year Prize.
Download or read book When Human Rights Clash at the European Court of Human Rights written by Stijn Smet and published by Oxford University Press. This book was released on 2017 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The origins of this book are in the symposium '(How) Should the European Court of Human Rights Resolve Conflicts between Human Rights?', organized by the Human Rights Centre of Ghent University on 16 October 2014."--Page v.
Download or read book Human Rights in Armed Conflict written by Gerd Oberleitner and published by Cambridge University Press. This book was released on 2015-03-05 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.
Download or read book Human Rights and Conflict Resolution in Context written by Eileen F. Babbitt and published by Syracuse University Press. This book was released on 2009-09-09 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventing sweeping human rights violations or wars and rebuilding societies in their aftermath require an approach encompassing the perspectives of both human rights advocates and practitioners of conflict resolution. While these two groups work to achieve many of the same goals—notably to end violence and loss of life—they often make different assumptions, apply different methods, and operate under different values and institutional constraints. As a result, they may adopt conflicting or even mutually exclusive approaches to the same problem. Eileen F. Babbitt and Ellen L. Lutz have collected groundbreaking essays exploring the relationship between human rights and conflict resolution. Employing a case study approach, the contributing authors examine three areas of conflict—Sierra Leone, Colombia, and Northern Ireland—from the perspectives of participants in both the peace-making and human rights efforts in each country. By spotlighting the role of activists and reflecting on what was learned in these cases, this volume seeks to push scholars and practitioners of both conflict resolution and human rights to think more creatively about the intersection of these two fields.
Download or read book How Women s Participation in Conflict Prevention and Resolution Advances U S Interests written by Jamille Bigio and published by Council on Foreign Relations. This book was released on 2016-10-01 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: The next U.S. administration should require women’s representation and meaningful participation in conflict resolution and postconflict processes, increase investment in efforts that promote women’s inclusion, reform U.S. diplomatic and security practices to incorporate the experiences of women in conflict-affected countries, improve staffing and coordination to deliver on government commitments, strengthen training on incorporating women in security efforts, and promote accountability. These steps will help the United States respond effectively to security threats around the world, improve the sustainability of peace agreements, and advance U.S. interests.
Download or read book War Conflict and Human Rights written by Chandra Lekha Sriram and published by Routledge. This book was released on 2009-07-06 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: War, Conflict and Human Rights is an innovative new inter-disciplinary textbook, combining aspects of law, politics and conflict analysis to examine the relationship between human rights and armed conflict. Making use of both theoretical and practical approaches, this book: examines the tensions and complementarities between protection of human rights and resolution of conflict - the competing political demands and the challenges posed by internal armed conflict; explores the scope and effects of human rights violations in contemporary armed conflicts, such as in Sierra Leone, Sudan, the Democratic Republic of Congo and the former Yugoslavia, as well as the 'Global War on Terror'; assesses the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court; discusses continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This book will be essential reading for students of war and conflict studies, human rights and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security and international relations, generally. Chandra Sriram is Professor of International Law at the University of East London and Director of the Centre for Human Rights in Conflict. Olga Martin-Ortega is a Research Fellow at the Centre for Human Rights in Conflict at the University of East London. Johanna Herman is Research Fellow at the Centre on Human Rights in Conflict at the University of East London.
Download or read book The Big Book of Conflict Resolution Games Quick Effective Activities to Improve Communication Trust and Collaboration written by Mary Scannell and published by McGraw Hill Professional. This book was released on 2010-05-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Make workplace conflict resolution a game that EVERYBODY wins! Recent studies show that typical managers devote more than a quarter of their time to resolving coworker disputes. The Big Book of Conflict-Resolution Games offers a wealth of activities and exercises for groups of any size that let you manage your business (instead of managing personalities). Part of the acclaimed, bestselling Big Books series, this guide offers step-by-step directions and customizable tools that empower you to heal rifts arising from ineffective communication, cultural/personality clashes, and other specific problem areas—before they affect your organization's bottom line. Let The Big Book of Conflict-Resolution Games help you to: Build trust Foster morale Improve processes Overcome diversity issues And more Dozens of physical and verbal activities help create a safe environment for teams to explore several common forms of conflict—and their resolution. Inexpensive, easy-to-implement, and proved effective at Fortune 500 corporations and mom-and-pop businesses alike, the exercises in The Big Book of Conflict-Resolution Games delivers everything you need to make your workplace more efficient, effective, and engaged.
