The purpose of this book is to review and summarize international cases identified as being essential for the police. The cases embody the jurisprudence of courts and bodies established under international law to secure compliance with international human rights and humanitarian standards, and they are essential for the police, and anyone seeking to understand the theory and practice of policing, because they have a direct bearing on the exercise of police powers and the performance of police functions.
This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection.
This volume is a comprehensive treatment of the African human rights system in terms of the laws, practice, and institutions of the system. The volume discusses, analyzes, and evaluates normative instruments of the African system: the Charter of the Organization of the African Unity (OAU), and the African Charter on Human and Peoples' Rights, presenting article-by-article analysis of its provisions and those of the Protocol on the Establishment of the African Court on Human and Peoples' Rights. Similarly the OAU (now the African Union), the African Commission on Human and Peoples' Rights, and the proposed African Court on Human Rights, as institutions of the system, are discussed. The book emphasizes a comparative approach and presents a summary of the UN, the European and the Inter-American human rights mechanisms with regard to their impact on the African system. The role of NGOs in the African system is also considered, as well as the controversial issue of human rights in pre-colonial and colonial Africa.
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
In 1997, The Raoul Wallenberg Institute Compilation of Human Rights Instruments was published by Martinus Nijhoff Publishers as the first volume in the series “The Raoul Wallenberg Institute Human Rights Library”. In 2004, the second edition of that Compilation was published, and the present publication is the third, revised edition of the book. Since the second edition of the Compilation went out of print, major human rights treaties have entered, or are about to enter, into force, and a number of non-treaty instruments have been adopted. The dynamic development in international human rights law and the increasing number of instruments have brought about a revision in the selection of instruments to be included in this new edition of the Compilation. Like in the previous editions, the selection of instruments is based on the experience acquired by staff of the Raoul Wallenberg Institute; most of the reproduced texts are the subject of frequent references in courses, seminars and workshops organized by the Institute. The chosen treaties and non-treaty instruments are either universal or regional; some of them are of a general nature while others have specific or specialized contents. They cover, among others, civil, political, economic, social, cultural and solidarity rights
Human Rights and the Administration of Justice is the inaugural text of the Human Rights Institute of the International Bar Association and seeks to provide the legal practitioner, academic and student with the materials that reveal the extent of human rights protection, the procedures for bringing a complaint and the way in which the protection of human rights are incorporated into judicial procedures. As such it collects together materials including: - The texts of global and regional statements setting out fundamental human rights. - The rules of procedure of various international human rights tribunals. - International treaties and agreements on a range of specific aspects of the legal process reflecting how rights are (or should be) protected throughout the administration of justice. - The key human rights documents are introduced with an overview of the development and operation of human rights protection, and subsequent texts carry introductory notes. Human Rights and the Administration of Justice is a unique volume providing access to materials setting out the cornerstone protection of human rights by the United Nations and regional organisations in Europe, America and Africa, through common guidelines and protection established in relation to the conduct of officials; the treatment of prisoners; the use of the death penalty; the protection of children; the interests of victims; the prohibition of torture; the punishment of genocide and international legal co-operation such as extradition and mutual assistance. The statutes and rules of procedure for the current international tribunals in the Former Yugoslavia and Rwanda are included.
This book addresses the interplay between the proportionality principle and EU digital law. Does EU digital law provide a fair balance of rights and interests? How does proportionality limit legislation in the digital economy? How can it be used to balance competing rights and interests? Diving into the dialectics of law and technology, the book analyses the relevance of the proportionality principle in regulating the digital world and as a vital tool for balancing competing rights and interests. The chapters analyse how conflicting rights and interests are resolved in EU digital law through the proportionality principle and critically reflect on its application. They scrutinise recent EU regulatory initiatives such as the GDPR, AI Act, Copyright Directive, DSA, and more. They reflect on the unique context of AI systems regulation, digital marketing, and data protection, illuminating the application and impact of proportionality in these arenas. Providing an in-depth examination of legal actors and real-life conflicts resolved by applying EU digital law, the book explains the pivotal role of the principle of proportionality in achieving an optimal balance of rights in our digital era.
Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.
