Download or read book The Concept of Discrimination in International Law written by E.W. Vierdag and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was written as a dissertation for the Doctorate of Laws, University of Amsterdam. I am most grateful, first of all, to Professor A. J. P. Tammes, who acted as Promotor. Throughout my working at this study he managed to afford at the same time guidance, inspiration, and complete freedom. I have also benefited much from the suggestions and advice of Dr. Th. e. van Boven of the Dutch Ministry of Foreign Affairs, Member of the U.N. Commission on Human Rights, who was a very helpful Co referent. In earlier stages of the work, the critical remarks by Mr. S. A. Kuipers, Dr. H. Meijers and Miss J. M. van Wouw were of great im portance to me. So was the experience of participating in the program of graduate studies of the Columbia University School of Law, in I968- I969. lowe gratitude to the Amsterdam Law Faculty for having offered this opportunity to me. I am indebted to Miss Sinja Alma for her transforming a chaotic manuscript into a neat typescript in a most capable and patient manner; to Miss E. D. ]. ]ongens for her assistance in sorting out the United Nations documentation; and to Howard S. Gold (Gersono vitch), who was so kind as to correct the faults in my English. Since I went on tinkering with the text I am to blame for all linguistic errors in it. The research for this study was concluded in October, I972.
Download or read book Equality and Discrimination Under International Law written by Warwick Alexander McKean and published by Oxford University Press, USA. This book was released on 1983 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: History of discrimination and equal opportunity under international law - discusses replacement of minority group protection by human rights; covers racial discrimination, sex discrimination, language discrimination and religious discrimination; examines role of UN and specialized agencies, role of ILO and ILO Conventions, judicial decisions, etc.
Download or read book The Principle of Non Discrimination in International Law written by Curtis F. J. Doebbler and published by Lulu.com. This book was released on 2007 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of non-discrimination underlies society's goal of achieving relative equality among all human beings. This book by an internationally acclaimed practitioner provides the materials necessary for understanding how international law protects individuals from the discrimination. It includes treaties, other instruments, cases, and a concise description of the law. ISBN 978-0-9743-5704-1.
Download or read book Equality of Treatment and Trade Discrimination in International Law written by Khurshid Hyder and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doctor Hyder's meticulous and comprehensive study throws much needed light on the often invoked but little understood concept of "discrimination" in international law. It is also of great practical value to those who are concerned with the law of international trade. "Discrimination" is a word with bad connotations. It suggests un fairness, prejudice and favouritism. It seems to point to adeparture from the ideal of equal opportunities, equal rewards and even-handed legal protection of all human beings without regard to differences of race, religion, ethnic origin or sex. Similarly, in public international law "discrimination" suggests violation of the principle of equality of states. Yet there are vast areas of international relations in whieh states are regarded as being legally free, except as specially provided in treaties, to make distinctions between other states or their nationals. The principle of equality of states merely means that the many rules constituting what is often called "general (or universal) international law" apply equally to all independent states. Hence, by definition, such states have equal rights and duties under general international law. But the latter leaves vast areas of transnational activity to be regulated by states at their discretion either unilaterally or by special agreement with other states. No state has, in fact, exactly the same totality of rights and duties as other states, since no two states are parties to exactly the same treaties. By treaty, astate often grants to another state a right which it may withhold from third states.
Download or read book A Theory of Discrimination Law written by Tarunabh Khaitan and published by OUP Oxford. This book was released on 2015-05-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.
Download or read book The International Convention on the Elimination of All Forms of Racial Discrimination written by Patrick Thornberry and published by Oxford University Press. This book was released on 2016-07-14 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention on the Elimination of All Forms of Racial Discrimination is the centrepiece of international efforts to address racial discrimination, defined in broad terms to include discrimination based on race, colour, descent, or national or ethnic origin. Victims of discrimination within the scope of the Convention include minorities, indigenous peoples, non-citizens, and caste or descent groups. Virtually all national societies are diverse in terms of ethnicity or 'race' and none is free from discrimination, making it one of the great issues of our time. Against the background of international human rights standards and mechanisms to counter racial and ethnic discrimination, this book provides the first comprehensive legal analysis of the provisions of the Convention on an article-by article basis. The book addresses the place of the Convention within the broader framework of international action against discrimination. The different chapters analyse and discuss broad topics of race, ethnicity, and international law, the genesis and drafting of the Convention, the aims and objectives of the Convention in light of its preamble, and principles of non-discrimination and equality. In particular, the book includes a critical appraisal of the contribution of the Convention to the eradication of racial discrimination. It also reflects on whether there is scope for modification of the substance or procedures of the Convention in light of challenges arising from enhanced transnational population movements, the intersection between discrimination on the ground of race and discrimination against religious communities, and the intersection of racial and gender-based discrimination.
Download or read book Group Rights and Discrimination in International Law written by Natan Lerner and published by BRILL. This book was released on 2021-10-18 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Group hatred, disregard for the collective aspirations of religious, ethnic or cultural minorities, genocide, ethnic cleansing, apartheid, and anti-Semitism have been at the roots of the greatest tragedies of our time and are a source of internal and international conflict. This volume studies this wide range of problems from the perspective of modern human rights law, with special emphasis on racism and religious intolerance. Also dealt with are measures adopted, or to be taken, for the protection of specific groups, including indigenous populations and migrant workers, as well as the present situation regarding the conventions against genodice, discrimination in education and labour, and the steps and declarations for the strenghtening of group identity and their advancement. Special areas such as slavery, affirmative action, and modern models to preserve the collective personality are also discussed, including protective penal measures.
Download or read book Group Rights and Discrimination in International Law written by Natan Lerner and published by BRILL. This book was released on 2022-07-18 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equality and Non Discrimination under International Law written by Stephanie Farrior and published by Routledge. This book was released on 2017-07-05 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principles of equality and non-discrimination lie at the heart of international human rights law. They are the only human rights explicitly included in the UN Charter and they appear at the beginning of virtually every major human rights instrument. This volume contains selected works by leading authors on the subject of equality and non-discrimination under international law. The selections are grouped into four sections. The first presents essays that explore theoretical concepts of equality and non-discrimination. The next addresses the development of international legal standards on the subject. The third presents articles analyzing how those standards have been interpreted and applied by UN and regional human rights bodies, and the last contains works on what measures besides legal action States are to take to in order to achieve equality and non-discrimination.
Download or read book International Human Rights Law and Structural Discrimination written by Elisabeth Veronika Henn and published by Springer. This book was released on 2019-07-03 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.
Download or read book Human Rights and Non discrimination in the War on Terror written by Daniel Moeckli and published by OUP Oxford. This book was released on 2008-01-24 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the post-September 11th era, liberal democracies face the question of whether, and if so to what extent, they should change the relationship between liberty and security. This book explores how three major liberal democratic states - the United States, the United Kingdom and Germany - have approached this challenge by analysing the human rights impacts of their anti-terrorism laws and practices. The analysis reveals that the most far-reaching restrictions of liberty have been imposed on minorities: foreign nationals and certain 'racial', ethnic and religious groups. This Disparate treatment raises complex issues concerning the human right to non-discrimination. Differential treatment on the basis of nationality, national origin, 'race' or religion is only compatible with the right to non-discrimination if there are objective and reasonable grounds for it. The author evaluates contemporary anti-terrorism efforts for their compliance with this requirement. Is there, in the context of the current 'war on terror', sufficient justification for applying powers of preventive detention or trial by special tribunal only to foreign nationals? Are law enforcement methods or immigration policies that single out people for special scrutiny based on their national origin, or their ethnic or religious appearance, a suitable and proportionate means of countering terrorism? The concluding part of the book argues that, in the long term, discriminatory anti-terrorism measures will have impacts beyond their original scope and fundamentally reshape ordinary legal regimes and law enforcement methods.
Download or read book The Concept of Group Rights in International Law written by Corsin Bisaz and published by Martinus Nijhoff Publishers. This book was released on 2012-08-28 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in contemporary international law. Among some of its findings is the observation that an ideological way of arguing about this legal category is widespread among scholars as well as practitioners; it sees this ideological framing as one of the main reasons why international law has so far been very reluctant to provide group rights and to call them by their name. Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through international law. Such an approach could turn group rights into an arguably minor, but nevertheless, highly relevant legal category of international law.
Download or read book Caste based Discrimination in International Human Rights Law written by David Keane and published by Routledge. This book was released on 2016-04-08 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: With particular focus on the Hindu caste system, this book represents a comprehensive analysis of the elimination of all forms of racial discrimination in international law. It evaluates the strategies that have informed the work of the United Nations in this area, mapping a new path that moves from standard-setting to implementation. Combining legal analysis with the meaning and origin of caste, it explores the remedies human rights law can propose towards the prohibition of caste-based discrimination, and the abolition of the caste system itself. The book provides a benchmark on the achievements of the international community in combating all forms of racial discrimination, and the policies that must inform future measures. With its clear and accessible style this volume will be of interest to scholars of law and human rights, as well as policy-makers and practitioners working in this area.
Download or read book Migration and Discrimination written by Rosita Fibbi and published by Springer Nature. This book was released on 2021-04-08 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access short reader provides a state of the art overview of the discrimination research field, with particular focus on discrimination against immigrants and their descendants. It covers the ways in which discrimination is defined and conceptualized, how it is measured, how it may be theorized and explained, and how it might be combated by legal and policy means. The book also presents empirical results from studies of discrimination across the world to show the magnitude of the problem and the difficulties of comparison across national borders. The concluding chapter engages in a critical discussion of the relationship between discrimination and integration as well as pointing out promising directions for future studies. As such this short reader is a valuable read to undergraduate students, as well as graduate students, scholars, policy makers and the general public.
Download or read book Caste based Discrimination in International Human Rights Law written by Mr David Keane and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: With particular focus on the Hindu caste system, this book represents a comprehensive analysis of the elimination of all forms of racial discrimination in international law. It evaluates the strategies that have informed the work of the United Nations in this area, mapping a new path that moves from standard-setting to implementation. Combining legal analysis with the meaning and origin of caste, it explores the remedies human rights law can propose towards the prohibition of caste-based discrimination, and the abolition of the caste system itself. The book provides a benchmark on the achievements of the international community in combating all forms of racial discrimination, and the policies that must inform future measures. With its clear and accessible style this volume will be of interest to scholars of law and human rights, as well as policy-makers and practitioners working in this area.
Download or read book Equal in Law Unequal in Fact written by Timo Makkonen and published by Martinus Nijhoff Publishers. This book was released on 2012-01-06 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: An intriguing paradox characterises international and European action against discrimination. On the one hand, equality and the right to non-discrimination are key human rights and protected by an impressive line of legal documents. On the other hand, empirical studies show that discrimination is still rampant today. This book maps the gap between the rights and the reality, and examines the causes, consequences and extent of discrimination in Europe today as well as the international and European legal response to it. On the basis of this analysis, the study explains why anti-discrimination law fails to deliver, and what can be done about it. The result is of interest to scholars, students, civil society, politicians and anyone interested in equality and making it a reality.
Download or read book Equality and Discrimination Under International Law written by and published by . This book was released on 1985 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt:
