Call Number: ABA Rule of Law Initiative promoting the rule of law database
Provides country-by-country information on the Initiative's activities promoting the rule of law in Africa, Asia, Europe and Eurasia, Latin America and the Caribbean, and the Middle East and North Africa while providing technical assistance in the following program areas: anti-corruption, criminal law reform and human trafficking, gender issues, human rights and conflict mitigation, judicial reform, legal education and legal profession reform. Available full text documents include research reports, legislative assessments, toolkits, and judicial reform indexes.
State contracts and their governing law : a reappraisal -- The international responsibility of states based on investment promotion and protection treaties -- The state’s normative freedom and the question of indirect expropriation -- Some theoretical reflections on state contracts -- Hans Kelsen and the advancement of international law -- The notion of Civitas Maxima in Kelsen’s work -- International courts in an interstate society -- The state within the meaning of international law and the state within the meaning of municipal law (on the theory of the dual personality of the state) -- On the legal nature of the European Communities centralisation/decentralisation of a legal order -- A federation of nation states or a federal state? -- Is there a European approach to human rights?
Within days of Madeleine Albright's confirmation as U.S. ambassador to the United Nations in 1993, she instructed David Scheffer to spearhead the historic mission to create a war crimes tribunal for the former Yugoslavia. As senior adviser to Albright and then as President Clinton's ambassador-at-large for war crimes issues, Scheffer was at the forefront of the efforts that led to criminal tribunals for the Balkans, Rwanda, Sierra Leone, and Cambodia, and that resulted in the creation of the permanent International Criminal Court. All the Missing Souls is Scheffer's gripping insider's account of the international gamble to prosecute those responsible for genocide, war crimes, and crimes against humanity, and to redress some of the bloodiest human rights atrocities in our time. Scheffer reveals the truth behind Washington's failures during the 1994 Rwandan genocide and the 1995 Srebrenica massacre, the anemic hunt for notorious war criminals, how American exceptionalism undercut his diplomacy, and the perilous quests for accountability in Kosovo and Cambodia. He takes readers from the killing fields of Sierra Leone to the political back rooms of the U.N. Security Council, providing candid portraits of major figures such as Madeleine Albright, Anthony Lake, Richard Goldstone, Louise Arbour, Samuel "Sandy" Berger, Richard Holbrooke, and Wesley Clark, among others. -- From publisher description.
Call Number: Available through Credo Reference Premium
Publication Date: 2010-08-02
This timely work addresses the implications of this trend, revealing human rights inequities from nation to nation and the consequences of these inequities worldwide. Inspired by the United Nations' Universal Declaration of Human Rights, Andrew Fagan considers the nature of the state, national identity, and citizenship
Children and the European Court of Human Rights by Claire Fenton-Glynn
Call Number: KJC5144.C45 F45 2021
Publication Date: 2021-03-07
The European Convention on Human Rights is one of the most influential human rights documents in existence, in terms of its scope, impact, and jurisdiction. Yet it was not drafted with children, let alone children's rights, in mind. Nevertheless, the European Court of Human Rights hasdeveloped a large body of jurisprudence regarding children, ranging from areas such as juvenile justice and immigration, to education and religion, and the protection of physical integrity. Its influence in the sphere of family law has been profound, in particular in the attribution of parenthood,and in cases concerning child abduction, child protection, and adoption.This book provides a comprehensive and detailed overview of the jurisprudence of the Court as it relates to children, highlighting its many achievements in this field, while also critiquing its ongoing weaknesses. In doing so, it tracks the evolution of the Court's treatment of children's rights,from its inauspicious and paternalistic beginnings to an emerging recognition of children's individual agency.
What it means for a theory of collective rights to be legal -- reflections on methodology -- Theories of rights and collectives as right-holders -- Collective rights as a distinctive legal concept -- Are there universal collective rights? -- Conclusion : collectives as the third type of right-holders.
Due Diligence Obligations in International Human Rights Law by Maria Monnheimer
Call Number: KZ1266 .M66 2021
Publication Date: 2021-02-18
With the importance of non-State actors ever increasing, the traditional State-centric approach of international law is being put to the test. In particular, significant accountability lacunae have emerged in the field of human rights protection. To address these challenges, this book makes a case for extraterritorial due diligence obligations of States in international human rights law. It traces back how due diligence obligations evolved on the international plane and develops a general analytical framework making the broad and vague notion of due diligence more approachable. The framework is applied to different fields of international law which provides guidance on how due diligence obligations can be better conceptualized. Drawing inspiration from these developments, the book analyses how extraterritorial human rights due diligence obligations could operate in practice and foster global human rights protection.
This 5-volume encyclopedia offers comprehensive coverage of all aspects of human rights theory, practice, law, and history. It provides situation profiles and full coverage of the development of the movement from 1945 to the present, historical cases of abuse, key figures, major organizations, and a range of other issues in economics, government, health, religion, and journalism that touch on human rights theory and practice. Includes an extensive bibliography.
A soul for Europe? On European culture and narratives of human rights -- The problem(s) with European culture -- Transatlantic dialogues, past and present -- Institutionalized European human rights -- Divergent transatlantic views on human rights : economic, social and cultural rights -- Divergent transatlantic views on human rights : the role of international law -- Transatlantic dialogues on copyright : cultural rights and access to knowledge -- Transatlantic dialogues on 'law and literature' : from 'law and literature' to 'law and humanities' -- Transatlantic dialogues on film : the case of Lars von Trier.
The nature and characteristics of international human rights treaty law -- The requirement of a national protection system -- Democracy and the rule of law -- Human rights in times of crises or emergencies -- Preventive strategies : obligations to prevent under international human rights treaties and jurisprudence -- The duty to respect, protect and ensure -- The duty to provide redress -- The essence of supervision in reporting systems -- The essence of petitions and fact-finding procedures -- Universality, equality and justice.
"There are ten core international human rights instruments. Each of these instruments (9 human rights treaties and the Optional Protocol to the CAT) has established a committee of experts to monitor implementation of the treaty provisions by its States parties. Some of the treaties are supplemented by optional protocols dealing with specific concerns"--Publisher's website.
"Mexico ranks highly on many of the measures that have proven significant for creating a positive human rights record, including democratization, good health and life expectancy, and engagement in the global economy. Yet the nation's most vulnerable populations suffer human rights abuses on a large scale, such as gruesome killings in the Mexican drug war, decades of violent feminicide, migrant deaths in the U.S. desert, and the ongoing effects of the failed detention and deportation system in the States. Some atrocities have received extensive and sensational coverage, while others have become routine or simply ignored by national and international media. Binational Human Rights examines both well-known and understudied instances of human rights crises in Mexico, arguing that these abuses must be understood not just within the context of Mexican policies but in relation to the actions or inactions of other nations, particularly the United States."--Publisher description.
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This book analyses the topical and contentious issue of the human rights impacts associated with carbon projects, especially in developing countries. It outlines a human rights-based approach to carbon finance as a functional framework for mainstreaming human rights into the design, approval, finance and implementation of carbon projects. It also describes the nature and scope of carbon projects, the available legal options for their financing and the key human rights issues at stake in their planning and execution. Written in a user-friendly style, the proposal for a rights-based due diligence framework through which human rights issues can be anticipated and addressed makes this book relevant to all stakeholders in carbon, energy, and environmental investments and projects"--
"While there is a clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its potential catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. The human rights implications of international environmental law principles in the climate change regime are discussed. It explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups - the poor, women, and indigenous peoples - would be disproportionately affected by climate change. The book then goes on to discuss new categories of people created by climate change, those people who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues"--
"In the period since the end of the Second World War, there has emerged what has never before existed: a truly global morality--specifically, a global political morality. That morality, which I call "the morality of human rights", consists both of a fundamental imperative, which serves as the normative ground of human rights, and of various human rights--of various rights, that is, recognized by the great majority of the countries of the world as human rights"
The interaction between Europe's legal systems : an introduction to the investigation -- The formal parameter -- The law in action -- External convergence : towards a rapprochement of the EU and ECHR regimes after the enlargement of Europe to the East -- The enlargement of Europe to the East and the reaction of the European Court of Human Rights -- The enlargement of Europe to the East and the reaction of the European Court of Justice -- Conclusions.
Introduction and overview -- International human rights : legal issues and social constructs -- International human rights in legal perspective -- Sanism and pretextuality -- Dignity -- Mental disability law in a comparative law context -- The use of mental disability law to suppress political dissent -- The universal factors -- The application of international human rights law to mental disability law : specific contexts.
Call Number: Law Library U.N. Documents (4th Floor, East) UN Doc SP XIV 2011 3
International human rights law and international humanitarian law in armed conflict: legal sources, principles and actors -- Requirements, limitations and effects of the concurrent applicability of international human rights law and international humanitarian law in armed conflict -- Accountability and the rights of victims -- Application of international human rights law and international humanitarian law by the United Nations.
Introduction. Constructing transnational justice / Yves Dezalay and Bryant G. Garth -- Lawyers, humanitarian emergencies, and the politics of large numbers / Ron Levi and John Hagan -- The cause of universal jurisdiction : the rise and fall of an international mobilization / Julien Seroussi -- Lawyering war or talking peace? : On militant usages of the law in the resolution of internal armed conflicts : a case study of international alert / Sara Dezalay -- From peace-building in war-torn countries to justice in the global north / Sandrine Lefranc -- Legal cosmopolitanism divided : stating, codifying, and invoking international law of state responsibility / Pierre-Yves Condé -- Globalizing intellectual property rights : the politics of law and public health / Diana Rodriguez-Franco -- The transnational meets the national : the construction of trade policy networks in Brazil / Gregory Shaffer, Michelle Ratton Sanchez Badin, and Barbara Rosenberg -- The force of a weak field : law and lawyers in the government of Europe / Antoine Vauchez -- The European Court of Justice in the emergent European field of power : transnational judicial institutions and national career paths / Antonin Cohen -- Human rights and the hegemony of ideology : European lawyers and the Cold War battle over international human rights / Mikael Rask Madsen -- Marketing and legitimating two sides of transnational justice : possible trajectories toward a unified transnational field / Yves Dezalay and Bryant G. Garth
Personal freedom and human rights law --The European Convention on Human Rights and personhood -- From privacy to personal autonomy -- The ECtHR's development of respect for private life into a real right to personal autonomy -- Personal identity definitions -- Sexual identity -- Identity and access to information important to one's identity -- Religious identity -- Bodily and moral integrity rights.
Contents: Emergence of the mechanism -- Basic features of the mechanism -- State interference with property -- Restitution cases -- Pilot judgments -- Bank deposits -- Advancing the mechanism -- Dilemmas and challenges.
Contemporary challenges of international protection -- Origins, essence and foundations of special procedures -- The protection roles of country mandates -- The protection roles of thematic mandates -- State, individual, corporate, and international responsibility -- Prevention, urgent action and appeals -- Containment and mitigation : the transmittal of complaints to government and visits on the spot -- Fact-finding, recommendations, and follow up -- Remedies -- Advocacy for protection.
Do states have a duty to assimilate refugees to their own citizens? Are refugees entitled to freedom of movement, to be allowed to work, to have access to public welfare programs, or to be reunited with family members? Indeed, is there even a duty to admit refugees at all? This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convention and international human rights law. It follows the refugee's journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world. Nor is this a purely doctrinal book: Hathaway's incisive legal analysis is tested against and applied to hundreds of protection challenges around the world, ensuring the relevance of this book's analysis to responding to the hard facts of refugee life on the ground.
Introduction : the Council of Europe and the European Convention on Human Rights -- Practice and procedure of the European Court : pre-admissibility -- Practice and procedure of the European Court : post-admissibility -- Practice and procedure of the European Court : judgment and enforcement -- Admissibility criteria -- Underlying convention principles -- The substantive rights of the European Convention -- Derogation and reservation -- Just satisfaction (Article 41) -- Strengthening the prohibition of discrimination : Protocol no. 12 -- Case study : Peck v UK -- Sources of information on the European Convention on Human Rights.
This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The "sharing" of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.
A guide to the new UN human rights practice -- The Office of the High Commissioner for Human Rights -- UN Charter-based bodies (and other non-treaty bodies) -- UN treaty bodies -- The Security Council -- The International Labour Organization and the UN Global Compact -- Conclusion: looking backward, going forward.
Mind maze : the CIA's pursuit of psychological torture / Alfred W. McCoy -- Torture and human rights abuses at the school of Americas : WHINSEC / Bill Quigley -- U.S. foreign policy, deniability and the political "utility" of state terror : the case of El Salvador / Terry Lynn Karl -- Fundamental human rights and the coercive interrogation of terrorists in an extreme emergency / John W. Lango -- Torture, war, and the limits of liberal legality / Richard Falk -- Outsourcing torture : the secret history of America's "extraordinary rendition" program / Jane Mayer -- This is to whom it may concern : a Guantánamo narrative / Marc D. Falkoff -- Psychologists, torture, and civil society : complicity, institutional failure, and the struggle for professional transformation / Stephen Soldz -- From Guantánamo to Berlin : protecting human rights after 9/11 / Michael Ratner -- Mass torture in America : notes from the supermax prisons / Lance Tapley -- The law of torture and accountability of lawyers who sanction it / Jeanne Mirer -- Terrorists and torturers / Philippe Sands -- Criminal responsibility of Bush administration officials with respect to unlawful interrogation tactics and the facilitating conduct of lawyers / Jordan J. Paust -- Torture, war, and presidential power : thoughts on the current constitutional crisis / Thomas Erlich Reifer.
"Since the mid-1990s increasing international attention has been paid to the issue of violence against women; however, there is still no explicit international human rights treaty prohibition on violence against women and the issue remains poorly defined and understood under international human rights law. Drawing on feminist theories of international law and human rights, this critical examination of the United Nations' legal approaches to violence against women analyses the merits of strategies which incorporate women's concerns of violence within existing human rights norms such as equality norms, the right to life, and the prohibition against torture. Although feminist strategies of inclusion have been necessary as well as symbolically powerful for women, the book argues that they also carry their own problems and limitations, prevent a more radical transformation of the human rights system, and ultimately reinforce the unequal position of women under international law. "
Women's human rights advocacy -- Human rights, gender and contested meanings -- Women's human rights as equality and non-discrimination -- Violence and reproductive health as human rights issues -- Women's human rights in conflict and post-conflict transformation -- Development, globalization and women's human rights -- Fundamentalism and women's human rights -- Conclusion.
Women, international human rights law, and feminist theory -- The United Nations and women's human rights treaties -- Views on violence and torture, the UN convention against torture, and women's human rights -- Cultural relativism and conflicting religious values harmful to women and children -- Human trafficking -- Effects of international ad hoc and permanent tribunals and truth commissions on women's rights.