Towards Convergence in International Human Rights Law

Towards Convergence in International Human Rights Law

Author: Carla M. Buckley

Publisher: BRILL

Published: 2016-10-18

Total Pages: 685

ISBN-13: 9004284257

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We live in an era of proliferating international legal domains and institutions, not least in the human rights field. For some, normative pluralism within human rights is inevitable, and even desirable. Others view it as a threat to the integrity and coherence of international human rights protection. How far do human rights standards and their interpretation by different regional and international human rights systems diverge? To what extent do human rights bodies ‘borrow’ from or influence each other in respect of their case law, practices and procedures? Is global human rights protection fragmenting or heading towards greater coherence? This edited collection addresses these questions through the insights of leading scholars and jurists with first-hand experience of human rights adjudication and litigation.


Convergences and Divergences Between International Human Rights, International Humanitarian and International Criminal Law

Convergences and Divergences Between International Human Rights, International Humanitarian and International Criminal Law

Author: Paul De Hert

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9781780686400

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Although rooted in a similar ideal, human rights (IHRL), international criminal law (ICL) and international humanitarian law (IHL) are separate fields of law, best represented as circles, each of which overlaps with the other two. However human rights often seems to absorb the other two, while in other situations, the lines between human rights law and its next door neighbours are blurred or contested.This volume consists of three main parts. The first main part explores the convergences and divergences between IHL and/or IHRL on the one hand, and ICL stricto sensu on the other hand. The second part investigates the convergences and divergences between IHRL and transnational crimes, or ICL in the broader sense, which suppresses crimes such as drug trafficking, trafficking in human beings and corruption through international treaties providing for domestic enforcement. The last main part of this volume provides the reader with novel and original insights as to how IHRL and IHL converge and diverge by considering if and how the norms of other branches of international law come into play and how the European Court of Human Rights has engaged with the sometimes contradicting norms of IHL. It furthermore analyses the relationship between the specific IHL and IHRL norms which prohibit arbitrary displacement and maps their interaction. Finally, the effectiveness of States' investigations of war crimes committed by their armed forces is evaluated by emphasising attention to the relevant standards developed within IHRL, since IHL does not indicate specific criteria to evaluate the effectiveness of an investigation.


A Farewell to Fragmentation

A Farewell to Fragmentation

Author: Mads Tønnesson Andenæs

Publisher: Cambridge University Press

Published: 2015-10-09

Total Pages: 605

ISBN-13: 1107082099

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Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.


The Law of International Human Rights Protection

The Law of International Human Rights Protection

Author: Walter Kälin

Publisher:

Published: 2019

Total Pages: 641

ISBN-13: 0198825684

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The second edition of Kalin and Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them.


Judicial Convergence and Fragmentation in International Human Rights Law

Judicial Convergence and Fragmentation in International Human Rights Law

Author: Elena Abrusci

Publisher: Cambridge University Press

Published: 2022-12-31

Total Pages: 307

ISBN-13: 1009093177

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This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.


The Oxford Handbook of International Refugee Law

The Oxford Handbook of International Refugee Law

Author: Cathryn Costello

Publisher: Oxford University Press

Published: 2021

Total Pages: 1337

ISBN-13: 0198848633

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This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.


Humanity's Law

Humanity's Law

Author: Ruti Teitel

Publisher: Oxford University Press

Published: 2011-10-07

Total Pages: 317

ISBN-13: 0199911681

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In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.


International Human Rights Law

International Human Rights Law

Author: Daniel Moeckli

Publisher: Oxford University Press

Published: 2022-06

Total Pages: 781

ISBN-13: 0198860110

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Written by leading experts in the field, this compelling textbook explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. A variety of perspectives bring this multifaceted and sometimes contentious subject to life, making International Human Rights Law the ideal companion for students of human rights. Digital formats This fourth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks


International Human Rights Law and Diplomacy

International Human Rights Law and Diplomacy

Author: Kriangsak Kittichaisaree

Publisher: Edward Elgar Publishing

Published: 2020-03-28

Total Pages: 355

ISBN-13: 1839102195

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This incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades’ experience in the field.