Gerd Oberleitner – författare

The range of global human rights institutions which have been created over the past half century is a remarkable achievement. Yet, their establishment and proliferation raises important questions. Why do states create such institutions and what do they want them to achieve? Does this differ from what the institutions themselves seek to accomplish? Are global human rights institutions effective remedies for violations of human dignity or temples for the performance of stale bureaucratic rituals? What happens to human rights when they are being framed in global institutions? This book is an introduction to global human rights institutions and to the challenges and paradoxes of institutionalizing human rights. Drawing on international legal scholarship and international relations literature, it examines UN institutions with a human rights mandate, the process of mainstreaming human rights, international courts which adjudicate human rights, and non-governmental human rights organizations. In mapping the ever more complex network of global human rights institutions it asks what these institutions are and what they are for. It critically assesses and appraises the ways in which global institutions bureaucratize human rights, and reflects on how this process is changing our perception of human rights.

The range of global human rights institutions which have been created over the past half century is a remarkable achievement. Yet, their establishment and proliferation raises important questions. Why do states create such institutions and what do they want them to achieve? Does this differ from what the institutions themselves seek to accomplish? Are global human rights institutions effective remedies for violations of human dignity or temples for the performance of stale bureaucratic rituals? What happens to human rights when they are being framed in global institutions? This book is an introduction to global human rights institutions and to the challenges and paradoxes of institutionalizing human rights. Drawing on international legal scholarship and international relations literature, it examines UN institutions with a human rights mandate, the process of mainstreaming human rights, international courts which adjudicate human rights, and non-governmental human rights organizations. In mapping the ever more complex network of global human rights institutions it asks what these institutions are and what they are for. It critically assesses and appraises the ways in which global institutions bureaucratize human rights, and reflects on how this process is changing our perception of human rights.

The range of global human rights institutions which have been created over the past half century is a remarkable achievement. Yet, their establishment and proliferation raises important questions. Why do states create such institutions and what do they want them to achieve? Does this differ from what the institutions themselves seek to accomplish? Are global human rights institutions effective remedies for violations of human dignity or temples for the performance of stale bureaucratic rituals? What happens to human rights when they are being framed in global institutions?

This book is an introduction to global human rights institutions and to the challenges and paradoxes of institutionalizing human rights. Drawing on international legal scholarship and international relations literature, it examines UN institutions with a human rights mandate, the process of mainstreaming human rights, international courts which adjudicate human rights, and non-governmental human rights organizations.

In mapping the ever more complex network of global human rights institutions it asks what these institutions are and what they are for. It critically assesses and appraises the ways in which global institutions bureaucratize human rights, and reflects on how this process is changing our perception of human rights.

It is now widely accepted that international human rights law applies in situations of armed conflict alongside international humanitarian law, but the contours and consequences of this development remain unclear. This book revisits, organizes and contextualizes the debate on human rights in armed conflict and explores the legal challenges, operational consequences and policy implications of resorting to human rights in situations of inter- and intra-state violence. It presents the benefits and the drawbacks of using international human rights law alongside humanitarian law and discusses how the idea, law and policy of human rights influence the development of the law of armed conflict. Based on legal theory, policy analysis, state practice and the work of human rights bodies, it suggests a human rights-oriented reading of the law of armed conflict as feasible and necessary in response to the changing character of war.

It is now widely accepted that international human rights law applies in situations of armed conflict alongside international humanitarian law, but the contours and consequences of this development remain unclear. This book revisits, organizes and contextualizes the debate on human rights in armed conflict and explores the legal challenges, operational consequences and policy implications of resorting to human rights in situations of inter- and intra-state violence. It presents the benefits and the drawbacks of using international human rights law alongside humanitarian law and discusses how the idea, law and policy of human rights influence the development of the law of armed conflict. Based on legal theory, policy analysis, state practice and the work of human rights bodies, it suggests a human rights-oriented reading of the law of armed conflict as feasible and necessary in response to the changing character of war.

It is now widely accepted that international human rights law applies in situations of armed conflict alongside international humanitarian law, but the contours and consequences of this development remain unclear. This book revisits, organizes and contextualizes the debate on human rights in armed conflict and explores the legal challenges, operational consequences and policy implications of resorting to human rights in situations of inter- and intra-state violence. It presents the benefits and the drawbacks of using international human rights law alongside humanitarian law and discusses how the idea, law and policy of human rights influence the development of the law of armed conflict. Based on legal theory, policy analysis, state practice and the work of human rights bodies, it suggests a human rights-oriented reading of the law of armed conflict as feasible and necessary in response to the changing character of war.

It is now widely accepted that international human rights law applies in situations of armed conflict alongside international humanitarian law, but the contours and consequences of this development remain unclear. This book revisits, organizes and contextualizes the debate on human rights in armed conflict and explores the legal challenges, operational consequences and policy implications of resorting to human rights in situations of inter- and intra-state violence. It presents the benefits and the drawbacks of using international human rights law alongside humanitarian law and discusses how the idea, law and policy of human rights influence the development of the law of armed conflict. Based on legal theory, policy analysis, state practice and the work of human rights bodies, it suggests a human rights-oriented reading of the law of armed conflict as feasible and necessary in response to the changing character of war.

2018 has been another challenging year for human rights in Europe and globally. International human rights standards, the rule of law and international human rights institutions have come under increasing pressure. The eleventh volume of the European Yearbook on Human Rights discusses the backgrounds of these developments and outlines the potential implications and possible solutions. The backsliding of democracy in Poland and Hungary, the human rights fallout from Brexit and the human rights situations in Chechnya and the Ukraine are mentioned as just a few examples. The Yearbook also includes contributions on all-time classics such as the right to freedom of expression or fair trial and tensions between security and the protection of human rights, as well as more recent developments on the rights of persons with disabilities and the rights of children to be heard in political processes.The European Yearbook on Human Rights brings together renowned scholars, emerging voices and practitioners. Split into parts devoted to recent developments in the European Union, the Council of Europe and the OSCE as well as through reports from the field, the contributions engage with some of the most important human rights issues and developments in Europe. The Yearbook helps to better understand the rich landscape of the European regional human rights system and is intended to stimulate discussions, critical thinking and further research in this field.

This comprehensive Research Handbook considers the place of human security, both in practice and as a concept within international law, examining the preconditions for and consequences of applying human security to international legal thinking and practice. It also proposes a future international law in which human security is central to the law’s purpose.Contributions by leading authors in the field critically engage with 25 years of human security practice in different areas of international law and explore the challenges, successes and setbacks of realising human security in a state-based international legal order whilst re-conceptualizing central elements of international law from a human security perspective. Organised around six core themes, the Research Handbook shows how human security can be used as an overarching framework to preserve peace, protect people and counter vulnerability through international law.Progressive and engaging, this Research Handbook will be a key resource for scholars and students of public international law, security, and international relations, who wish to further their knowledge of human security as the central purpose of international law.

This comprehensive Research Handbook considers the place of human security, both in practice and as a concept within international law, examining the preconditions for and consequences of applying human security to international legal thinking and practice. It also proposes a future international law in which human security is central to the law’s purpose.

Contributions by leading authors in the field critically engage with 25 years of human security practice in different areas of international law and explore the challenges, successes and setbacks of realising human security in a state-based international legal order whilst re-conceptualizing central elements of international law from a human security perspective. Organised around six core themes, the Research Handbook shows how human security can be used as an overarching framework to preserve peace, protect people and counter vulnerability through international law.

Progressive and engaging, this Research Handbook will be a key resource for scholars and students of public international law, security, and international relations, who wish to further their knowledge of human security as the central purpose of international law.

"Menschenrechte im Ausnahmezustand" lautet das Schwerpunktthema der neuen Ausgabe der zeitschrift für menschenrechte (zfmr). Angesichts der Defensive, in die die Menschenrechte vielerorts geraten sind, klingt der Titel (nicht ganz unbeabsichtigt) nach einem Wortspiel – und doch geht es im eigentlichen Wortsinne um Menschenrechte in Not- und Ausnahmezuständen. Als Reaktion auf die tatsächliche oder behauptete Bedrohung der nationalen Sicherheit und der öffentlichen Ordnung wurden und werden in nicht wenigen Staaten mittels Notstandsgesetzen die Befugnisse der Regierung ausgeweitet und die Rechte der dort lebenden Menschen eingeschränkt.Doch wie wird dies begründet, und welchen rechtsstaatlichen Anforderungen haben Notstandbegründungen zu genügen?Welche Risiken und Folgen für die Menschenrechte gehen mit Not- und Ausnahmezuständen einher? Inwiefern wurden und werden diese als Macht- und Repressionsinstrumente in Ländern wie Venezuela, Ägypten und dem einstigen südafrikanischen Apartheid-Regime missbraucht? Welche Sicherungsmaßnahmen sehen Menschenrechtsabkommen und Verfassungen vor – und inwieweit greifen diese?

Nya perspektiv i internationell rätt om humanitär intervention och nationers "ansvar att skydda" medborgare när deras mänskliga rättigheter är kränkta tas upp i denna bok. Kapitlen baseras på bidrag vid MR-dagarna 2004 och diskuterar vidare bl.a. internationell demokratisering, rättsstatsbegreppet, funktionshinder och mänskliga rättigheter samt religionsfrihet. Bland författarna finns: Hans Blix, Vandana Shiva, Gerd Oberleitner, Axel Hadenius, Stig Larsson, Reinhold Fahlbeck.

This book introduces readers to the major human rights institutions, courts, and tribunals and critically assesses their legacy as well as the promise they hold for realizing human rights globally, and the challenges they face in doing so. It traces the rationale of setting up international institutions, courts, and tribunals with the aim of ensuring respect for international human rights law and presents their historic development, and critically analyzes their contribution to the promotion and protection of human rights. At the same time, it asks which promises old and new (and envisaged) human rights institutions hold for safeguarding human rights in light of continuing violations and recent global trends in human rights and politics.The first section presents institutions created within the framework of the United Nations. The second part of the volume assesses how international criminal tribunals have reframed human rights violations as individual criminal acts. The third part of the volume is devoted to established and emerging regional human rights bodies and courts around the world.