Download or read book Status and Human Rights Obligations of Non Recognized De Facto Regimes in International Law The Case of Somaliland written by Michael Schoiswohl and published by BRILL. This book was released on 2004-04-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the first comprehensive study of legal issues arising with regard to the self-declared 'Republic of Somaliland' which, after more than 10 years of factual existence, is still facing international non-recognition. The case of Somaliland, in particular its unique position within the collapsed State of Somalia, challenges current international law doctrine regarding the interplay between non-recognition and the creation of States. Based upon an in-depth analysis of international law concerning the criteria of statehood and recognition, the author presents a legal framework against which cases of secession in the context of collapsed States should be measured. In applying this framework to the case of Somaliland, he demonstrates that the entity has established a sufficient level of peace, stability and effective governance to qualify as a State under international law. Given the legal uncertainty surrounding non-recognized de facto regimes such as Somaliland, the study finally attempts to identify legal rules which bind de facto regimes in the process of secession irrespective of their recognition as a State. Proposing a 'functional approach' to de facto regimes, the author argues that such entities are subject to obligations under international (human rights) law to the extent they are assuming governmental tasks.
Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Download or read book Collected Courses of the Academy of European Law written by Antônio Augusto Cançado Trindade and published by . This book was released on 1991 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human Rights Obligations of Non State Armed Groups written by Daragh Murray and published by Bloomsbury Publishing. This book was released on 2016-05-05 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.
Download or read book Unrecognized Entities written by and published by BRILL. This book was released on 2021-12-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.
Download or read book The Right to Self determination written by Aureliu Cristescu and published by New York : United Nations. This book was released on 1981 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Human Rights Law Beyond State Territorial Control written by Antal Berkes and published by Cambridge University Press. This book was released on 2021-06-17 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of international human rights law's applicability and effectiveness in geographic areas where the State has lost territorial control.
Download or read book Realizing the Right to Development written by United Nations. Office of the High Commissioner for Human Rights and published by . This book was released on 2013 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.
Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rescuing Human Rights written by Hurst Hannum and published by Cambridge University Press. This book was released on 2019-02-14 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on understanding human rights as they really are and their proper role in international affairs.
Download or read book The Human Right to Health Norton Global Ethics Series written by Jonathan Wolff and published by W. W. Norton & Company. This book was released on 2012-02-20 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A broad-ranging, insightful analysis of the complex practical and ethical issues involved in global health.”—Kirkus Reviews Few topics in human rights have inspired as much debate as the right to health. Proponents would enshrine it as a fundamental right on a par with freedom of speech and freedom from torture. Detractors suggest that the movement constitutes an impractical over-reach. Jonathan Wolff cuts through the ideological stalemate to explore both views. In an accessible, persuasive voice, he explores the philosophical underpinnings of the idea of a human right, assesses whether health meets those criteria, and identifies the political and cultural realities we face in attempts to improve the health of citizens in wildly different regions. Wolff ultimately finds that there is a path forward for proponents of the right to health, but to succeed they must embrace certain intellectual and practical changes. The Human Right to Health is a powerful and important contribution to the discourse on global health.
Download or read book The Cambridge Handbook of New Human Rights written by Andreas von Arnauld and published by Cambridge University Press. This book was released on 2020-01-02 with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
Download or read book The Human Right to Citizenship written by Rhoda E. Howard-Hassmann and published by University of Pennsylvania Press. This book was released on 2015-07-16 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Human Right to Citizenship provides an accessible overview of citizenship around the globe, focusing on empirical cases of denied or weakened legal rights. This wide-ranging volume provides a theoretical framework to understand the particular ambiguities, paradoxes, and evolutions of citizenship regimes in the twenty-first century.
Download or read book Universal Human Rights in Theory and Practice written by Jack Donnelly and published by Cornell University Press. This book was released on 2003 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: (unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Download or read book Human Rights of Women written by Rebecca J. Cook and published by University of Pennsylvania Press. This book was released on 2012-03-10 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rebecca J. Cook and the contributors to this volume seek to analyze how international human rights law applies specifically to women in various cultures worldwide, and to develop strategies to promote equitable application of human rights law at the international, regional, and domestic levels. Their essays present a compelling mixture of reports and case studies from various regions in the world, combined with scholarly assessments of international law as these rights specifically apply to women.
Download or read book International Human Rights Law in a Global Context written by Felipe Gómez Isa and published by Universidad de Deusto. This book was released on 2009-01-01 with total page 974 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international human rights system remains as dynamic as ever. If at the end of the last century there was a sense that the normative and institutional development of the system had been completed and that the emphasis should shift to issues of implementation, nothing of the sort occurred. Even over the last few years significant changes happened, as this book amply demonstrates. We hope that this Manual makes a contribution to the development of International Human Rights Law and is of interest for those working in the field of promotion and protection of human rights. The book is the result of a joint project under the auspices of HumanitarianNet, a Thematic Network led by the University of Deusto, and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice).
