Raoul Wallenberg Institute Human Rights Library – serie
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14 produkter
14 produkter
Del 17 - Raoul Wallenberg Institute Human Rights Library
Reservations to Human Rights Treaties and the Vienna Convention Regime
Conflict, Harmony or Reconciliation
Inbunden, Engelska, 2004
505 kr
Skickas inom 10-15 vardagar
There has always been some discomfort about reservations in relation to international obligations of States applicable to individuals. This apprehension was once again brought to the forefront of the international normative process with General Comment No. 24 of the Human Rights Committee and the work of the International Law Commission on reservations to treaties.This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers.
Del 16 - Raoul Wallenberg Institute Human Rights Library
Proof, Evidentiary Assessment and Credibility in Asylum Procedures
Inbunden, Engelska, 2005
4 086 kr
Skickas inom 3-6 vardagar
Today, a majority of asylum cases are arguably decided on the basis of evidentiary assessment rather than issues of material law. Although the EU-wide Common European Asylum System purports to harmonise domestic practices at a minimum level, it fails to offer remedies for this crucial issue, which poses challenges for practitioners and academics alike. Without a coherent approach to evidentiary assessment, asylum law will remain fragmented and open to discretionary excess.Up to now, academic research has not addressed issues of proof and credibility in the asylum procedure to an extent reflecting its practical importance. This edited volume attempts to fill the void. Academic experts on the theory of evidence, international criminal law, human rights law, refugee law, sociology of law and psychology have contributed chapters exploring both empirical and normative dimensions of evidentiary assessment. Drawing on the results of a 12-month research project within the framework of the Refugee Research Programme and of three interdisciplinary expert conferences held at the Danish Centre for Human Rights, Copenhagen, the Institute for International Integration Studies, Dublin, and the Faculty of Law, Lund, this volume sets new parameters for an informed debate on evidence in asylum cases.
Del 27 - Raoul Wallenberg Institute Human Rights Library
National Human Rights Institutions in the Asia-Pacific Region
Inbunden, Engelska, 2006
5 238 kr
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The purpose of this book is to provide a consolidated collection of materials to facilitate comparison of the various national human rights institutions (NHRIs) already established in the Asia-Pacific region, against a background of selected international materials and with the assistance of several comparative tables. The latter are not intended to be exhaustive, but are designed to assist in identifying and considering the strengths and weaknesses inherent in the legislative mandates of each national institution. While the collection is primarily intended for teaching purposes, it should also be useful to countries considering establishing a national human rights commission or, for those which have already done so, strengthening its mandate. For this reason several sections have been included outlining the relationship which should exist between NHRIs, the Executive, the Legislature, the Judiciary and other related institutions and a short section on the importance of the process which should precede their establishment.
Del 29 - Raoul Wallenberg Institute Human Rights Library
Legal Culture of the European Court of Human Rights
Inbunden, Engelska, 2007
2 948 kr
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While the supervision of the European Court of Human Rights constantly grows in importance, little is known about the people, especially the judges, inside the Court. To what extent are human rights sensitive to different traditions and is their work burdened through the plurality of legal, historical-political or vocational experiences among the judges? Looking at the first three years of permanent operation of the Court, this book suggests that it is the legal culture that brings the judges together. Based on interviews, field study observations and an analysis of case law, this book takes a novel approach on European human rights law and provides researchers and practitioners with an important basis for a full understanding of the Strasbourg case law.
Del 35 - Raoul Wallenberg Institute Human Rights Library
International Human Rights Monitoring Mechanisms
Essays in Honour of Jakob Th. Möller, 2nd Revised Edition
Inbunden, Engelska, 2009
4 252 kr
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This revised and updated collection is intended to serve as a thematic textbook on the institutions and procedures devoted to the national implementation of human rights and to the international monitoring of State performance. Albeit not exhaustive, the coverage extends to most of the monitoring instances available at intergovernmental and non-governmental organizations: complaints, fact-finding and investigative procedures, State reporting obligations, good offices actions, dialogue functions, human rights education, dissemination of human rights information, letter campaigns, and technical co-operation.The target audience of the book is students of international human rights law, but the book can also serve as a guide for both officials and activists involved in the realization of human rights.The success of the first edition has allowed for this second edition. It demonstrates that there is a important demand for literature with a focus on human rights monitoring and follow-up activities.
Del 31 - Raoul Wallenberg Institute Human Rights Library
Constitutionalism: New Challenges
European Law from a Nordic Perspective
Inbunden, Engelska, 2007
3 274 kr
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This book has its roots in a conference on recent developments in Nordic and German constitutional law that took place in Berlin in 2002 at the Nordic Cultural Centre.That conference was organised within the project Konstitutionalism, demokrati och den nordiska välfärdsstaten (Constitutionalism, Democracy and the Nordic Welfare State), financed by the Joint Committee for Nordic Research Councils for the Humanities and the Social Sciences (NOS-HS). The volume contains the edited and updated papers which emerged from this meeting of minds. They offer insight into some of the new, exciting strands of constitutional thought that are currently present in the Nordic doctrine, where many new paths have been opened in recent years. The contrast with the situation two decades ago is indeed striking. As far as German and European law are concerned, some of the most important theoretical issues in the doctrine are analysed in a number of particularly rewarding and inspiring contributions.
Del 36 - Raoul Wallenberg Institute Human Rights Library
New International Law
An Anthology
Inbunden, Engelska, 2010
3 822 kr
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This volume contains revised versions of a select number of research papers presented at a conference in Oslo, Norway, entitled “The New International Law”.The conference was subtitled “Polycentric Decision-making Structures and Fragmented Spheres of Law: What Implications for the New Generation of International Legal Discourse?” This subtitle signals the most important elements of the conference’s main purpose which was to be a project in line with certain strands of contemporary scholarship on international law; scholarship that bases itself on certain assumptions regarding what are important and changing preconditions for the field of international law research.Such assumptions include the transformation of sovereignty, the horizontal and vertical dispersal of governmental authority, the incompleteness of municipal law for legal regulation of individuals and private entities, states’ acceptance of treaty regimes whereby international authorities exercise regulatory power that interferes with domestic authority, and the proliferation of new dispute-settling bodies on the international plane. The volume aims to display the diversity within the new generation of international legal scholarship and to bring the analyses and arguments of this research to a wider audience. Topics addressed include environmental regulation, human rights and humanitarian protection, criminal law, and international security and development.
Del 37 - Raoul Wallenberg Institute Human Rights Library
Responsibility to Protect
Implementation of Article 4(h) Intervention
Inbunden, Engelska, 2010
3 519 kr
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This book explores the scope and limits of Article 4(h) of the African Union Constitutive Act (AU Act). The goal is to generate new thinking on, and contribute a fresh legal approach to, the implementation of the right to intervene under Article 4 (h) of the AU Act in the face of war crimes, genocide and crimes against humanity. The AU right to intervene, though noble in purpose, is problematic to implement owing to the inherently political matrix of intervention and the question of measures for intervention which have usually been reactive. This book seeks to investigate the scope and validity of the AU’s treaty-based right to intervene as an exception to the principle of State sovereignty. Central to the inquiry is the argument that the UN Charter does not expressis verbis provide for enforcement by consent by regional organisations; equally the UN Charter does not specifically outlaw enforcement action by consent by regional organisations. The book examines whether there is any legal basis for forcible military intervention to prevent serious human rights violations that constitute serious crimes under international law; and if yes, when and how? The discussion involves a legal analysis of the rules that ought to apply in the implementation of Article 4(h) intervention in international law. By examining the rationale and applicability of the right to intervene, the book intends to promote the development of consistent legal approaches for effective intervention within the AU human security architecture. More particularly, rather than focusing on intervention, the book intends to inculcate a culture of prevention and compliance within the framework of the AU.
Del 38 - Raoul Wallenberg Institute Human Rights Library
Defining Rape: Emerging Obligations for States under International Law?
Inbunden, Engelska, 2011
4 298 kr
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The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor. Whereas the prohibition of rape has been consistently recognised in these areas of law, the definition of the offence has been a later concern to international law. Attempts to define the crime have, however, been made by the ad hoc tribunals (International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia), regional human rights courts and UN treaty bodies. Increasing duties are thus placed on states, not only to prevent rape through the enactment of criminal laws, but to adopt specific elements of the crime in domestic legislation. This study systematises and analyses such emerging obligations in international law. This leads to overarching questions on the fragmentation and harmonisation of norms between various regimes in international law.
Del 39 - Raoul Wallenberg Institute Human Rights Library
UN Guiding Principles on Business and Human Rights
Foundations and Implementation
Inbunden, Engelska, 2011
3 833 kr
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The issue of corporate responsibilities has had a tumultuous history at the United Nations. When the Human Rights Council unanimously endorsed John Ruggie’s Guiding Principles in June 2011, it was the first time that the UN stated authoritatively its expectations in the area of business and human rights. This volume captures this special moment in time: a moment of taking stock of a successfully concluded UN Special Representative mandate (2005–2011) and of preparing for the massive task of following up with more operational guidance, effective governance mechanisms and sound theoretical treatments. The 12 chapters in this collection offer an in-depth analysis of Ruggie’s reports with a special emphasis on regulatory and governance issues surrounding corporate responsibility. How does international human rights law handle corporations? Are we beginning to grasp the complexities and impacts of financial markets on human rights? What kind of corporate due diligence can make supply chains more socially sustainable? Why should parent companies act when their affiliates infringe rights? What is the potential of national human rights institutions in the area of business and human rights? What is the role of states and law in the social change process promoted by the corporate responsibility movement? How do we ‘orchestrate’ polycentric governance regimes to ensure respect for human rights? Academics and practitioners, policymakers, business executives, civil society activists and legal professionals will find this collection useful as they embark on the difficult but exciting journey of refining and contextualising Ruggie’s foundational work.
Del 47 - Raoul Wallenberg Institute Human Rights Library
Ending War Crimes, Chasing the War Criminals
Inbunden, Engelska, 2017
3 751 kr
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This volume offers a history of one of the most important issues of our age. It begins with an analysis of the characters of Adolf Eichmann and Heinrich Himmler, the two men in charge of “the Final Solution”. It moves on to look at the role played by some of Africa’s war criminals and also offers portraits of alleged war criminals from the Western world, including the self-confessed war criminal Robert McNamara who led the war in Vietnam on behalf of Presidents Kennedy and Johnson. The book also tracks the wars and genocide in, and subsequent international criminal law trials relating to Cambodia and the former Yugoslavia. In a final chapter, it asks the question: can human rights be pursued by making war?
Del 40 - Raoul Wallenberg Institute Human Rights Library
Raoul Wallenberg Institute Compilation of Human Rights Instruments
Third Revised Edition
Häftad, Engelska, 2012
4 485 kr
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In 1997, The Raoul Wallenberg Institute Compilation of Human Rights Instruments was published by Martinus Nijhoff Publishers as the first volume in the series “The Raoul Wallenberg Institute Human Rights Library”. In 2004, the second edition of that Compilation was published, and the present publication is the third, revised edition of the book.Since the second edition of the Compilation went out of print, major human rights treaties have entered, or are about to enter, into force, and a number of non-treaty instruments have been adopted. The dynamic development in international human rights law and the increasing number of instruments have brought about a revision in the selection of instruments to be included in this new edition of the Compilation. Like in the previous editions, the selection of instruments is based on the experience acquired by staff of the Raoul Wallenberg Institute; most of the reproduced texts are the subject of frequent references in courses, seminars and workshops organized by the Institute. The chosen treaties and non-treaty instruments are either universal or regional; some of them are of a general nature while others have specific or specialized contents. They cover, among others, civil, political, economic, social, cultural and solidarity rights
Del 42 - Raoul Wallenberg Institute Human Rights Library
Aspects of Sovereignty
Sino-Swedish Reflections
Inbunden, Engelska, 2013
3 047 kr
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The overall objective of this unique volume is to understand what effects globalisation has had on the traditional views of sovereignty, seen from a Chinese and European, primarily Swedish, perspective. Does the cultural-historical approach have any value in China today or is it only seen as political reminiscence with very little real effects in the wake of globalisation? What are the differences between different understandings of sovereignty in different parts of the world? How has the concept changed generally because of a different international structure, with for example regional integration gaining in importance not least in Europe? These are some of the underlying questions being addressed in this anthology.The authors are Chinese and Swedish scholars who offer reflections from the perspective of legal philosophy, public international law, international human rights law, economic law and international relations.
Del 44 - Raoul Wallenberg Institute Human Rights Library
European Human Rights Culture - A Paradox of Human Rights Protection in Europe?
Inbunden, Engelska, 2013
5 080 kr
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The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary’s perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.