Core Obligations
Author: Sage Russell
Publisher: Intersentia nv
Published: 2002
Total Pages: 368
ISBN-13: 9050952054
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Enforcing Obligations Erga Omnes in International Law
Author: Christian J. Tams
Publisher: Cambridge University Press
Published: 2005-12-01
Total Pages: 397
ISBN-13: 1139448803
DOWNLOAD EBOOKThe concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.
Shared Obligations in International Law
Author: Nataša Nedeski
Publisher: Cambridge University Press
Published: 2022-07-21
Total Pages: 245
ISBN-13: 110884135X
DOWNLOAD EBOOKThere are various situations in which multiple states or international organizations are bound to an international obligation in the context of cooperative activities and the pursuit of common goals. This book puts forward a concept of shared obligations that enables scholars and practitioners to tackle questions raised by this phenomenon.
Obligations
Author: Scott Veitch
Publisher: Routledge
Published: 2021-02-23
Total Pages: 167
ISBN-13: 1000344851
DOWNLOAD EBOOKObligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices. As rights have become the preeminent feature of modern political and legal discourse, the work of obligations has been overshadowed. Questioning and correcting this dominant image of our time, this book brings obligations back into view in a way that fits better with the realities of contemporary social life. Following a historical account of the changing place and priorities of obligations in modernity, the book analyses how obligations and practices of obedience are core to understanding how law sustains conditions of inequality. But it also explores the enduring role obligations play in furthering individual and collective well-being, highlighting their significance in practices that prioritize human and environmental needs, common goods, and solidarity. In doing so, it also offers an alternative and cogent assessment of the force, and the potential, of obligations in contemporary societies. This original jurisprudential contribution will appeal to an academic and student readership in law, politics, and the social sciences.
Litigating Transnational Human Rights Obligations
Author: Mark Gibney
Publisher: Routledge
Published: 2013-10-30
Total Pages: 388
ISBN-13: 1135121125
DOWNLOAD EBOOKHuman rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.
Pearce & Stevens' Trusts and Equitable Obligations
Author: Robert A. Pearce
Publisher: Oxford University Press, USA
Published: 2015
Total Pages: 1103
ISBN-13: 0199644454
DOWNLOAD EBOOKPearce & Stevens' Trusts and Equitable Obligations provides students with a detailed and stimulating account of the law of equity and trusts. The authors' clear and authoritative writing illuminates the law and its practical application.
Human Rights Obligations of Non-State Armed Groups
Author: Daragh Murray
Publisher: Bloomsbury Publishing
Published: 2016-05-05
Total Pages: 355
ISBN-13: 1509901647
DOWNLOAD EBOOKThis 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.
The Nature of the Obligations Under the International Covenant on Economic, Social and Cultural Rights
Author: María Magdalena Sepúlveda Carmona
Publisher: Intersentia nv
Published: 2003
Total Pages: 499
ISBN-13: 9050952607
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The Ethics of Assistance
Author: Deen K. Chatterjee
Publisher: Cambridge University Press
Published: 2004-04-08
Total Pages: 308
ISBN-13: 9780521527422
DOWNLOAD EBOOKAs globalization has deepened worldwide economic integration, moral and political philosophers have become increasingly concerned to assess duties to help needy people in foreign countries. The essays in this volume present ideas on this important topic by authors who are leading figures in these debates. At issue are both the political responsibility of governments of affluent countries to relieve poverty abroad and the personal responsibility of individuals to assist the distant needy. The wide-ranging arguments shed light on global distributive justice, human rights and their implementation, the varieties of community and the obligations they generate, and the moral relevance of distance. This provocative volume will interest scholars in ethics, political philosophy, political theory, international law and development economics, as well as policy makers, aid agencies, and general readers interested in the moral dimensions of poverty and affluence.
Due Diligence Obligations in International Human Rights Law
Author: Maria Monnheimer
Publisher: Cambridge University Press
Published: 2021-02-18
Total Pages: 353
ISBN-13: 1108899307
DOWNLOAD EBOOKWith 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.
