Rachel Murray – 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 African Charter on Human and Peoples'' Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples'' Rights and the recently established African Court.This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples'' Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples'' Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena.

The African Charter on Human and Peoples'' Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples'' Rights and the recently established African Court.This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples'' Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples'' Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena.

The African Charter on Human and Peoples' Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples' Rights and the recently established African Court.This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples' Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples' Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena.

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 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.

This work examines the role of the Organization of African Unity, now the African Union, and how it has dealt with human rights since its inception in 1963. It considers the role of its main institutions both under the OAU and its transformation into the African Union. The book is divided into chapters examining various themes including the rights of women, the rights of the child, the concept of democracy and the right to development. Written by a leading human rights scholar, this book is essential reading for lawyers acting for African states, and for foreign governments and NGOs active in Africa, as well as being of interest to international and comparative human rights scholars.

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 Principles relating to the Status of National Institutions (the Paris Principles) were adopted by National Human Rights Institutions (NHRIs) and endorsed by both the UN General Assembly and Human Rights Commission. Since their adoption, they have become the standards applicable to these institutions with a mandate to promote and protect human rights. This book offers a complete study of the Paris Principles, which includes an appraisal of their establishment, evolution and potential for the future; a comprehensive commentary on each provision; and a practical guide to their interpretation, including the implications they have for the implementation of the competencies of NHRIs. This is the first book to thoroughly analyse the Paris Principles and will be essential reading for a global audience of both practitioners working for NHRIs and the UN as well as human rights scholars.

An 'implementation crisis' has been identified in the enforcement of rulings of UN and regional human rights bodies, and fundamental but crucial questions remain unanswered: what exactly does it mean to implement and comply with international and regional human rights decisions, and what factors influence whether a state implements and complies or not? Much more is now known about the work of the African Commission on Human and Peoples' Rights, but a gap still exists in the literature on the implementation of the findings of the Commission. This book draws upon the data and evaluation from a four-year research project, analysing the range of pronouncements of the African Commission, including its decisions on individual communications, provisional measures, resolutions, and promotional and protective mission reports. It investigates the extent to which states implement these findings and examines how that implementation is monitored by others.

An 'implementation crisis' has been identified in the enforcement of rulings of UN and regional human rights bodies, and fundamental but crucial questions remain unanswered: what exactly does it mean to implement and comply with international and regional human rights decisions, and what factors influence whether a state implements and complies or not? Much more is now known about the work of the African Commission on Human and Peoples' Rights, but a gap still exists in the literature on the implementation of the findings of the Commission. This book draws upon the data and evaluation from a four-year research project, analysing the range of pronouncements of the African Commission, including its decisions on individual communications, provisional measures, resolutions, and promotional and protective mission reports. It investigates the extent to which states implement these findings and examines how that implementation is monitored by others.

The Principles relating to the Status of National Institutions (the Paris Principles) were adopted by National Human Rights Institutions (NHRIs) and endorsed by both the UN General Assembly and Human Rights Commission. Since their adoption, they have become the standards applicable to these institutions with a mandate to promote and protect human rights. This book offers a complete study of the Paris Principles, which includes an appraisal of their establishment, evolution and potential for the future; a comprehensive commentary on each provision; and a practical guide to their interpretation, including the implications they have for the implementation of the competencies of NHRIs. This is the first book to thoroughly analyse the Paris Principles and will be essential reading for a global audience of both practitioners working for NHRIs and the UN as well as human rights scholars.

The Principles relating to the Status of National Institutions (the Paris Principles) were adopted by National Human Rights Institutions (NHRIs) and endorsed by both the UN General Assembly and Human Rights Commission. Since their adoption, they have become the standards applicable to these institutions with a mandate to promote and protect human rights. This book offers a complete study of the Paris Principles, which includes an appraisal of their establishment, evolution and potential for the future; a comprehensive commentary on each provision; and a practical guide to their interpretation, including the implications they have for the implementation of the competencies of NHRIs. This is the first book to thoroughly analyse the Paris Principles and will be essential reading for a global audience of both practitioners working for NHRIs and the UN as well as human rights scholars.

The Principles relating to the Status of National Institutions (the Paris Principles) were adopted by National Human Rights Institutions (NHRIs) and endorsed by both the UN General Assembly and Human Rights Commission. Since their adoption, they have become the standards applicable to these institutions with a mandate to promote and protect human rights. This book offers a complete study of the Paris Principles, which includes an appraisal of their establishment, evolution and potential for the future; a comprehensive commentary on each provision; and a practical guide to their interpretation, including the implications they have for the implementation of the competencies of NHRIs. This is the first book to thoroughly analyse the Paris Principles and will be essential reading for a global audience of both practitioners working for NHRIs and the UN as well as human rights scholars.

Argues for the importance of insects to modernism’s formal innovationsUses the idea of the insect as a key to modernist writers’ engagement with questions of politics, psychology, life, and literary formProvides in-depth analysis of lesser-known modernist narratives, such as H.D.’s Asphodel and Lewis’s Snooty Baronet, as well as new readings of canonical texts – including D. H. Lawrence’s Lady Chatterley’s Lover and Samuel Beckett’s TrilogyExplores the influence of popular scientific writing on modernist aestheticsReveals the attentiveness of modernist writers to nonhuman life, thus forging new lines of connection between modernism and literary animal studiesFocusing on the writing of Wyndham Lewis, D. H. Lawrence, H.D. and Samuel Beckett, this book uncovers a shared fascination with the aesthetic possibilities of the insect body – its adaptive powers, distinct stages of growth and swarming formations. Through a series of close readings, it proposes that the figure of the exoskeleton, which functions both as a protective outer layer and as a site of encounter, can enhance our understanding of modernism’s engagement with nonhuman life, as well as its questioning of the boundaries of the human.

Focusing on the writing of Wyndham Lewis, D. H. Lawrence, H.D. and Samuel Beckett, this book uncovers a shared fascination with the aesthetic possibilities of the insect body its adaptive powers, distinct stages of growth and swarming formations. Through a series of close readings, it proposes that the figure of the exoskeleton, which functions both as a protective outer layer and as a site of encounter, can enhance our understanding of modernism's engagement with nonhuman life, as well as its questioning of the boundaries of the human.

Building upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation.Eminent scholars and practitioners in the field reflect on why states implement, or fail to implement, obligations and decisions from the supranational level. The Research Handbook reviews the relevant terminology, recent trends, and the theoretical and methodological perspectives and strategies, before rethinking these explanations and offering original scholarship on human rights implementation. Chapters then consider the roles and interplay of various domestic and international actors involved in human rights implementation, including parliaments, national courts, civil society and treaty bodies. The Research Handbook concludes by assessing tools of implementation, including monitoring systems, the role of negotiations and diplomacy, compliance hearings, and the use of IT for compliance.Exploring the entire process of human rights law implementation from recommendation to execution to follow up, this comprehensive Research Handbook will be an invaluable resource to students, scholars and practitioners interested in the decisions and judgements behind the implementation of human rights law.

Building upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation.

Eminent scholars and practitioners in the field reflect on why states implement, or fail to implement, obligations and decisions from the supranational level. The Research Handbook reviews the relevant terminology, recent trends, and the theoretical and methodological perspectives and strategies, before rethinking these explanations and offering original scholarship on human rights implementation. Chapters then consider the roles and interplay of various domestic and international actors involved in human rights implementation, including parliaments, national courts, civil society and treaty bodies. The Research Handbook concludes by assessing tools of implementation, including monitoring systems, the role of negotiations and diplomacy, compliance hearings, and the use of IT for compliance.

Exploring the entire process of human rights law implementation from recommendation to execution to follow up, this comprehensive Research Handbook will be an invaluable resource to students, scholars and practitioners interested in the decisions and judgements behind the implementation of human rights law.

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 African Commission on Human and Peoples' Rights, established in 1987, was the third regional instrument, after the European and American systems, for the promotion and protection of human rights. This book, drawing on the jurisprudence and practice of the Commission, challenges the applicability of international law to the African situation. Following an examination of the evolution of the African Charter and the status of ratification, Murray questions the opposing dichotomy approach of international law. Her critical analysis covers the notion of the state, the issue of personality and the application of the international law distinctions between war and peace and judicial and amicable disputes. The experience and approach of the African Commission is compared with that of other regional and international bodies, leading to the conclusion that a more holistic approach to international law is required if human rights are to be adequately protected. In addition to making an important contribution to legal scholarship on the subject of the Commission this book will serve as a reference work, a textbook and an invaluable practitioners tool."Dr Murray shows a depth of knowledge, a sensitivity in understanding and a passion for the advancement of human rights in Africa. The book makes a contribution to scholarship on the work of the African Commission which has not been widely acknowledged". N Barney Pityana, Member African Commission on Human and Peoples' Rights TABLE OF CONTENTS 1 Theoretical Issues 2 Evolution of the African Charter and status of Ratification 3 The Notion of the State 4 The Issue of Personality 5 The Dichotomy of Laws Applicable in Times of War and Peace 6 The Amicable/Judicial Dichotomy 7 Conclusion Appendices I - VIII

National Human Rights Institutions (NHRIs), defined by the UN as bodies established to promote and protect human rights, have increased in number since the General Assembly adopted principles governing their effectiveness in 1993. The UN and others have encouraged states to set up such institutions as an indication of their commitment to human rights, and now over 20 such institutions exist in Africa and many more will follow. These institutions have taken various forms including ombudsmen, commissions, or a combination of the two. They differ in terms of how they are established; some by constitution, some by legislation and some by decree. These NHRIs have varying functions, usually both promotional and protective, such as giving advice to government, parliament, and others, making recommendations on compliance with human rights standards, awareness raising, and analysis of law and policy. Despite the considerable variations in the method of their creation, powers and composition, most of these institutions have chosen or indeed been mandated, to become involved in international and regional fora.This book examines these institutions in the African region, the way in which they use the international and regional fora, the effectiveness of their contributions and how they are able to participate.

This book examines the concepts of corporate social responsibility (CSR) in the context of globalisation and its many challenges, focusing on different legal perspectives that arise. Particular problems presented include the varied definitions of CSR and the related dilemmas of opting for a self-regulatory approach or a greater level of external regulatory control. The roles of the state and the market and how they interrelate are considered in this book against a background of increased intervention by international institutions. The potential contribution of individual citizens and non-governmental organisations towards achieving a socially and environmentally responsible business behaviour is also given attention. These issues are of special concern in an era that calls for different political and regulatory activities than have been exploited traditionally.Highlighting the central importance of law, legal systems and the role of lawyers to the debate on CSR, this book will be of great interest to academics and policymakers. It will also appeal to students in law, especially company law, commercial law, and international law.

The African Commission on Human and Peoples'' Rights, established in 1987, was the third regional instrument, after the European and American systems, for the promotion and protection of human rights. This book, drawing on the jurisprudence and practice of the Commission, challenges the applicability of international law to the African situation. Following an examination of the evolution of the African Charter and the status of ratification, Murray questions the opposing dichotomy approach of international law. Her critical analysis covers the notion of the state, the issue of personality and the application of the international law distinctions between war and peace and judicial and amicable disputes. The experience and approach of the African Commission is compared with that of other regional and international bodies, leading to the conclusion that a more holistic approach to international law is required if human rights are to be adequately protected.In addition to making an important contribution to legal scholarship on the subject of the Commission this book will serve as a reference work, a textbook and an invaluable practitioners tool.

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.

National Human Rights Institutions (NHRIs), defined by the UN as bodies established to promote and protect human rights, have increased in number since the General Assembly adopted principles governing their effectiveness in 1993. The UN and others have encouraged states to set up such institutions as an indication of their commitment to human rights, and now over 20 such institutions exist in Africa and many more will follow. These institutions have taken various forms including ombudsmen, commissions, or a combination of the two. They differ in terms of how they are established; some by constitution, some by legislation and some by decree. These NHRIs have varying functions, usually both promotional and protective, such as giving advice to government, parliament, and others, making recommendations on compliance with human rights standards, awareness raising, and analysis of law and policy. Despite the considerable variations in the method of their creation, powers and composition, most of these institutions have chosen or indeed been mandated, to become involved in international and regional fora. This book examines these institutions in the African region, the way in which they use the international and regional fora, the effectiveness of their contributions and how they are able to participate.

This book examines the concepts of corporate social responsibility (CSR) in the context of globalisation and its many challenges, focusing on different legal perspectives that arise.

Particular problems presented include the varied definitions of CSR and the related dilemmas of opting for a self-regulatory approach or a greater level of external regulatory control. The roles of the state and the market and how they interrelate are considered in this book against a background of increased intervention by international institutions. The potential contribution of individual citizens and non-governmental organisations towards achieving a socially and environmentally responsible business behaviour is also given attention. These issues are of special concern in an era that calls for different political and regulatory activities than have been exploited traditionally.

Highlighting the central importance of law, legal systems and the role of lawyers to the debate on CSR, this book will be of great interest to academics and policymakers. It will also appeal to students in law, especially company law, commercial law, and international law.

Blue Extinction in Literature, Culture, and Art examines literary and cultural representations of aquatic biodiversity loss, bringing together critical perspectives from the blue humanities and extinction studies. It demonstrates the affordances, as well as the limitations, of literary and artistic forms in exposing the plight of aquatic organisms, drawing attention to the social, political, and economic structures that are contributing to their destruction. Together, the essays in this collection demonstrate how literature and art can challenge dominant cultural conceptions and lingering misconceptions surrounding aquatic biodiversity loss, offering new ways of relating to species ranging from whales to oysters.