Human Security and Human Rights under International Law

Human Security and Human Rights under International Law

Author: Dorothy Estrada-Tanck

Publisher: Hart Publishing

Published: 2019-04-18

Total Pages: 0

ISBN-13: 9781509928804

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Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural – and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.


United Nations Protection of Humanity and Its Habitat

United Nations Protection of Humanity and Its Habitat

Author: Bertrand G. Ramcharan

Publisher: BRILL

Published: 2016-08-01

Total Pages: 300

ISBN-13: 9004303146

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This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention. Written by a seasoned scholar / practitioner of international law and the United Nations, who has served in key policy, peacemaking, peacekeeping and human rights positions in the United Nations, this book offers indispensable new vistas of international law and policy, and the future role of the United Nations.


Human Security and International Law

Human Security and International Law

Author: Cedric Ryngaert

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9781780682006

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In 1994, the United Nations Development Program (UNDP) coined the term 'human security' in the seminal UNDP Human Development Report. This report approached 'security' for the first time from a holistic perspective: security would no longer be viewed from a purely military perspective, but rather it would encapsulate economic, food, health, environmental, personal, community, and political security. Although the concept of human security accords a higher status to individual interests rather than to governmental interests, human security discourses have continually emphasized the central role of States as providers of human security. This volume challenges this paradigm and highlights the part played by non-State actors in threatening human security, as well as in rescuing or providing relief to those whose human security is endangered. The book does so from a legal perspective, (international) law being one of the instruments used to realize human security, as well as being a material source or guiding principle for the formation of human security-enhancing policies. In particular, the book critically discusses how various non-State actors - such as armed opposition groups, multinational corporations, private military/security companies, non-governmental organizations, and national human rights institutions - participate in the construction of such policies and how they are held legally accountable for their adverse impact on human security. (Series: International Law - Vol. 12)


The International Law of Human Rights and States of Exception

The International Law of Human Rights and States of Exception

Author: Anna-Lena Svensson-McCarthy

Publisher: BRILL

Published: 2021-09-27

Total Pages: 808

ISBN-13: 9004479317

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This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.


Public International Law and Human Rights Violations by Private Military and Security Companies

Public International Law and Human Rights Violations by Private Military and Security Companies

Author: Helena Torroja

Publisher: Springer

Published: 2017-11-23

Total Pages: 161

ISBN-13: 3319660985

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This book explores the human rights consequences of the new mercenarism, as channeled through so-called private military and security companies (PMSCs), and offers an overview of the evolution and status quo of both non-legal (soft law and self-regulation) and legal initiatives seeking to limit them. It addresses various topics, including the impact of the presence of non-state actors on human security using the cases of Afghanistan and Syria; research on PMSCs’ impact on human rights in specific cases; the insufficiency and ineffectiveness of existing direct and indirect legal prohibitions on the use of mercenaries; various aspects of international human rights law and international humanitarian law related to the conduct of PMSCs; soft-law and self-regulation mechanisms; and the international minimum standard in general international law regarding the privatization, export, import, and contracting of PMSCs.


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.


Human Rights and Personal Self-defense in International Law

Human Rights and Personal Self-defense in International Law

Author: Jan Arno Hessbruegge

Publisher: Oxford University Press

Published: 2017

Total Pages: 401

ISBN-13: 019065502X

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While an abundance of literature covers the right of states to defend themselves against external aggression, this is the first book dedicated to the right to personal self-defense in international law. Dr. Hessbruegge sets out in careful detail the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The book also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities. The author establishes that international law gives individuals the right to forcibly resist human rights violations that pose a serious risk of significant and irreparable harm. At the same time, he calls into question prevailing state practice, which fails to recognize any collective right to organized armed resistance even when it constitutes the last resort to defend against genocide or other mass atrocities.


Human Rights and World Public Order

Human Rights and World Public Order

Author: Myres Smith McDougal

Publisher:

Published: 2019

Total Pages: 1137

ISBN-13: 0190882638

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As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The re-issuance of this venerable title, unveils this work to a new generation of scholars, students, and practitioners of international law and human rights.


Human Security, Law and the Prevention of Terrorism

Human Security, Law and the Prevention of Terrorism

Author: Andrej Zwitter

Publisher: Routledge

Published: 2010-11-23

Total Pages: 291

ISBN-13: 1136887113

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This study examines two important questions regarding terrorism and political violence: which threats to human security constitute root causes for collective violence and which adequate responses for these root causes are available to the international community. The responses are examined on the basis of international law, in particular human rights law, and within the concept of human security, with the goal of fostering a long-term reduction in political violence. Drawing on existing political discussions and research about the root causes of terrorism, Zwitter develops a legal framework for the application of legal terrorism prevention tools. This study serves as a framework of action and analysis using concepts and particularly legal frameworks which are already broadly or universally recognized to increase the applicability of the framework without having to invent new legal regimes. In doing so it makes use of the concept of human security for tackling breeding grounds and other facilitators of terrorism making it universally accessible. Combining social science research with legal sociology and international law, this book will be of interest to students and scholars of politics, international relations, security studies, conflict studies and law.