Malcolm Evans – författare

The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves. The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.

The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves. The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations'' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious ''Bills of Rights''. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations'' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious ''Bills of Rights''. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.

Evans' International Law is widely celebrated as an outstanding collection of writing by leading scholars in the field. Bringing together a broad range of perspectives on all the key issues in international law, it is a unique and invaluable resource for students and practitioners alike.Key features· A stellar line-up of authors, drawn from those actively involved in the teaching and practice of international law, offers authoritative and stimulating perspectives on the subject· Provides wide-ranging, critical analysis of all of the key issues and themes in public international law· The entire volume has been carefully edited by Sir Malcolm Evans to ensure a consistent style· Suitable for students and academics with varying prior exposure to international lawNew to this edition· New chapters Acquisition of Territory, International Economic Law, and International Space Law· New contributors: Andrew Clapham, Eric De Brabandere, Rossana Deplano, Paola Gaeta, Reece Lewis, Brendan Plant, Andrew Lang, Rosa Freedman, Andrew Sanger, Christian Tams, and Eva van der Marel· New ICJ decisions, including those on Genocide (Ukraine v Russian Federation and The Gambia v Myanmar); on Racial Discrimination (Qatar v United Arab Emirates); and Maritime Delimitation (Somalia v Kenya)· ITLOS decisions, including the Request for an Advisory Opinion submitted by the Commission of Small Island Sates on Climate Change and International Law· Arbitral decisions, including the 'Enrica Lexie' Incident, as well as domestic court judgmentsDigital formats The sixth 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: http://www.oxfordtextbooks.co.uk/ebooks.

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The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves. The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious 'Bills of Rights'. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.

The African Charter of Human and Peoples' Rights came into force in 1986, and is unique in that it lacks a precedent. However, little scholarship exists analysing it as an operational system in practice. The success of the first edition of this book led to this updated second edition. Contributors include experts who have been actively involved in the implementation of the Charter - commissioners, NGOs and academics. Offering a detailed evaluation of the Charter as a mechanism for the promotion and protection of human rights in Africa, the contributions cover the Charter's reporting system, the interpretation of different rights by the Commission, the prospects for the African Court on Human and Peoples' Rights and the role of NGOs. This authoritative and comprehensive volume will interest lawyers acting for government and non-governmental organisations, as well as academics and postgraduates.

The African Charter of Human and Peoples' Rights came into force in 1986, and is unique in that it lacks a precedent. However, little scholarship exists analysing it as an operational system in practice. The success of the first edition of this book led to this updated second edition. Contributors include experts who have been actively involved in the implementation of the Charter - commissioners, NGOs and academics. Offering a detailed evaluation of the Charter as a mechanism for the promotion and protection of human rights in Africa, the contributions cover the Charter's reporting system, the interpretation of different rights by the Commission, the prospects for the African Court on Human and Peoples' Rights and the role of NGOs. This authoritative and comprehensive volume will interest lawyers acting for government and non-governmental organisations, as well as academics and postgraduates.

Over the last 300 years public international law has developed from a set of principles, ultimately grounded in natural law, into an extremely complex web of norms, supporting and sustained by an array of international institutions which, in combination, present a system for the realisation of global public order. These volumes, arranged into five parts, bring together key writings which both illustrate and exemplify ideas that have informed the historical development of the discipline. The first part outlines three approaches, based on systems of natural laws, positivist systems and finally the system of 'public' international order. Parts two to four reflect aspects of the issues raised in this introduction in the context of a number of key areas of substantive law, these being sources, personality and jurisdiction and immunity. The final part then takes a look into the potential futures of international law and the international legal system from a variety of perspectives, including global administrative law, transgovernmentalism and public law conceptions of international order.

As religion has become more visible in public life, with closer relations of co-operation with government as well as a force in some political campaigns, its place in public life has become more contested. Fudged compromises of the past are giving way to a desire for clear lines and moral principles. This book brings the disciplines of law, sociology, politics and theology into conversation with one anther to shed light on the questions thrown up by 'religion in a liberal state'. It discusses practical problems in a British context, such as the accommodation of religious dress, discrimination against sexual minorities and state support for historic religions; considers legal frameworks of equality and human rights; and elucidates leading ideas of neutrality, pluralism, secularism and public reason. Fundamentally, it asks what it means to be liberal in a world in which religious diversity is becoming more present and more problematic.

As religion has become more visible in public life, with closer relations of co-operation with government as well as a force in some political campaigns, its place in public life has become more contested. Fudged compromises of the past are giving way to a desire for clear lines and moral principles. This book brings the disciplines of law, sociology, politics and theology into conversation with one anther to shed light on the questions thrown up by ''religion in a liberal state''. It discusses practical problems in a British context, such as the accommodation of religious dress, discrimination against sexual minorities and state support for historic religions; considers legal frameworks of equality and human rights; and elucidates leading ideas of neutrality, pluralism, secularism and public reason. Fundamentally, it asks what it means to be liberal in a world in which religious diversity is becoming more present and more problematic.

As religion has become more visible in public life, with closer relations of co-operation with government as well as a force in some political campaigns, its place in public life has become more contested. Fudged compromises of the past are giving way to a desire for clear lines and moral principles. This book brings the disciplines of law, sociology, politics and theology into conversation with one anther to shed light on the questions thrown up by ''religion in a liberal state''. It discusses practical problems in a British context, such as the accommodation of religious dress, discrimination against sexual minorities and state support for historic religions; considers legal frameworks of equality and human rights; and elucidates leading ideas of neutrality, pluralism, secularism and public reason. Fundamentally, it asks what it means to be liberal in a world in which religious diversity is becoming more present and more problematic.

As religion has become more visible in public life, with closer relations of co-operation with government as well as a force in some political campaigns, its place in public life has become more contested. Fudged compromises of the past are giving way to a desire for clear lines and moral principles. This book brings the disciplines of law, sociology, politics and theology into conversation with one anther to shed light on the questions thrown up by 'religion in a liberal state'. It discusses practical problems in a British context, such as the accommodation of religious dress, discrimination against sexual minorities and state support for historic religions; considers legal frameworks of equality and human rights; and elucidates leading ideas of neutrality, pluralism, secularism and public reason. Fundamentally, it asks what it means to be liberal in a world in which religious diversity is becoming more present and more problematic.

How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union''s participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union''s international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective.

How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union''s participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union''s international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective.

Fourteen years since its establishment,the work of the African Commission on Human and Peoples' Rights has not received the attention that should have been paid to its important contributions towards the promotion and protection of human rights in Africa. The aim of this publication is to provide not only the basic documents, but also the less well known material related to the jurisprudence emanating from the consideration of communications. This volume therefore includes, amongst other material, the twelve activity reports adopted by the Commission, resolutions, and final communiques from the sessions. This is the first attempt to reproduce comprehensively the many documents of the Commission adopted since its inception in 1987. It will be an essential reference for academics, students, and practitioners. The publication is produced in collaboration with the African Society for International and Comparative Law, the Centre for Human Rights at the University of Pretoria and Interights in London.

This is the second volume of Documents of the African Commission on Human and Peoples' Rights published by Hart Publishing (Volume I, 1999, ISBN:9781841130927). The second volume includes the key documents published between 1998 and 2007. Once again the aim of the work is to provide not only the basic documents, but also the less well known material related to the jurisprudence emanating from the consideration of communications. This volume therefore includes, amongst other material, the most recent activity reports adopted by the Commission, resolutions, and final communiques from the sessions. Together with Volume I this is the most comprehensive available set of documents on the African Commission, and will be an essential reference for academics, students, and practitioners.

The essays in this collection explore the various ways in which a number of key European and International legal institutions attempt to define the boundaries of jurisdictional competence. The principle questions which are addressed are: (a) Does the relevant institution have a jurisdictional competence adequate to the challenges that it faces? (b) What are the parameters that bear upon the exercise of a particular jurisdictional competence? (c) What are the effects,positive or negative, of extending, restraining or creating a particular jurisdictional competence on those subject to its jurisdiction, other actors and the rule of law itself? Examples of the institutions covered in this book are the Security Council, the European Court of Justice, NATO, the International Court of Justice and the State. Contents: 1. Introduction; (A) Theoretical Approaches to the Assertion of Jurisdiction 2. Jurisdiction: The State - Frank Berman; 3. New Wine in Old Bottles or Old Wine in New Bottles or Only Old Wine in Old Bottles? Reflections on the Assertion of Jurisdiction in Public International Law - Iain Scobbie; 4.The Exercise of Jurisdiction in Private International Law - Jonathan Hill; (B) Approaches to the Assertion of Jurisdiction Political Bodies: 5. National Law, International Law and EU Law - How do they Relate? - Trevor Hartley; 6. The Member States' Competence and Jurisdiction under the EU/EC Treaties - Stephen Hyett; 7. Competition Law in a Globalized Marketplace: Beyond Jurisdiction - Brenda Sufrin; 8. The Jurisdiction of the Security Council: Original Intention and New World Order(s) - Colin Warbrick; 9. Jurisdiction, NATO and the Kosovo Conflict - Christopher Greenwood; (C) Approaches to the Assertion of Jurisdiction by Adjudicative Bodies: 10. Approaches of Domestic Courts to the Assertion of International Jurisdiction - Hazel Fox; 11. Assertion of Jurisdiction by the International Court of Justice - Abdul Koroma; 12. Approaches to the Assertion of International Jurisdiction: The Human Rights Committee - Dominic McGoldrick; 13. Some Problems of Compulsory Jurisdiction before Specialised Tribunals: The Law of the Sea - Alan Boyle;15 Activism and Restraint in the European Court of Justice - Stephen Weatherill; 14.The Assertion of Jurisdiction by the European Court of Justice - John Usher.

The essays in this collection explore the various ways in which a number of key European and International legal institutions attempt to define the boundaries of jurisdictional competence. The principle questions which are addressed are: (a) Does the relevant institution have a jurisdictional competence adequate to the challenges that it faces? (b) What are the parameters that bear upon the exercise of a particular jurisdictional competence? (c) What are the effects,positive or negative, of extending, restraining or creating a particular jurisdictional competence on those subject to its jurisdiction, other actors and the rule of law itself? Examples of the institutions covered in this book are the Security Council, the European Court of Justice, NATO, the International Court of Justice and the State.Contents: 1. Introduction; (A) Theoretical Approaches to the Assertion of Jurisdiction 2. Jurisdiction: The State - Frank Berman; 3. New Wine in Old Bottles or Old Wine in New Bottles or Only Old Wine in Old Bottles? Reflections on the Assertion of Jurisdiction in Public International Law - Iain Scobbie; 4. The Exercise of Jurisdiction in Private International Law - Jonathan Hill; (B) Approaches to the Assertion of Jurisdiction Political Bodies: 5. National Law, International Law and EU Law – How do they Relate? - Trevor Hartley; 6. The Member States'' Competence and Jurisdiction under the EU/EC Treaties - Stephen Hyett; 7. Competition Law in a Globalized Marketplace: Beyond Jurisdiction - Brenda Sufrin; 8. The Jurisdiction of the Security Council: Original Intention and New World Order(s) - Colin Warbrick; 9. Jurisdiction, NATO and the Kosovo Conflict - Christopher Greenwood; (C) Approaches to the Assertion of Jurisdiction by Adjudicative Bodies: 10. Approaches of Domestic Courts to the Assertion of International Jurisdiction - Hazel Fox; 11. Assertion of Jurisdiction by the International Court of Justice - Abdul Koroma; 12. Approaches to the Assertion of International Jurisdiction: The Human Rights Committee - Dominic McGoldrick; 13. Some Problems of Compulsory Jurisdiction before Specialised Tribunals: The Law of the Sea - Alan Boyle;15 Activism and Restraint in the European Court of Justice - Stephen Weatherill; 14. The Assertion of Jurisdiction by the European Court of Justice - John Usher.

Fourteen years since its establishment,the work of the African Commission on Human and Peoples'' Rights has not received the attention that should have been paid to its important contributions towards the promotion and protection of human rights in Africa. The aim of this publication is to provide not only the basic documents, but also the less well known material related to the jurisprudence emanating from the consideration of communications. This volume therefore includes, amongst other material, the twelve activity reports adopted by the Commission, resolutions, and final communiqués from the sessions. This is the first attempt to reproduce comprehensively the many documents of the Commission adopted since its inception in 1987. It will be an essential reference for academics, students, and practitioners. The publication is produced in collaboration with the African Society for International and Comparative Law, the Centre for Human Rights at the University of Pretoria and Interights in London.

A lively debate on the constitutionalisation of the international legal order has emerged in recent years. A similar debate has also taken place within the European Union. This book complements that debate, exploring the underlying realities that the moves towards constitutionalism seek to address. It does this by focusing on the substantive interconnections that the EU has developed over the years with the rest of the world, and assesses the practical impact these have both in the development of its legal order as well as in the international community. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in March 2009, this collection of essays examines policy areas of economic governance (trade, financial services, migration, environment), political governance (human rights, criminal law, responses to financing terrorism), security governance (counter-terrorism, use of force, non-proliferation), and the issue of the emergence of European and global values. How are these areas shaped by the interaction between EU law and other legal orders and polities? In what ways does the EU impact on other transnational legal systems? And how are its own rules and principles shaped by such systems? These questions are addressed in the light of the specific legal and political context within which the EU pursues its policies by interacting with the rest of the world.

A lively debate on the constitutionalisation of the international legal order has emerged in recent years. A similar debate has also taken place within the European Union. This book complements that debate, exploring the underlying realities that the moves towards constitutionalism seek to address. It does this by focusing on the substantive interconnections that the EU has developed over the years with the rest of the world, and assesses the practical impact these have both in the development of its legal order as well as in the international community. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in March 2009, this collection of essays examines policy areas of economic governance (trade, financial services, migration, environment), political governance (human rights, criminal law, responses to financing terrorism), security governance (counter-terrorism, use of force, non-proliferation), and the issue of the emergence of European and global values. How are these areas shaped by the interaction between EU law and other legal orders and polities? In what ways does the EU impact on other transnational legal systems? And how are its own rules and principles shaped by such systems? These questions are addressed in the light of the specific legal and political context within which the EU pursues its policies by interacting with the rest of the world.

How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union's international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective.

This collection of essays by leading international lawyers is aimed at providing informed analysis of the growing spectrum of remedies available in international fora for breaches of international law. Prime among the institutions active in offering remedies for such breaches is the International Court of Justice,and the volume contains reflections by two of its members, Judge Higgins and Judge Koroma. But the ICJ is no longer alone in offering a forum for the granting of remedies; amidst the proliferation of international bodies, the European Court of Justice, the World Trade Organisation and the International Tribunal on the Law of the Sea are active. Several of the most interesting contributions to this volume deal with these institutions and their current work. In addition there are important new essays on mediation in international law, diplomatic settlement and arbitration.