Azadeh Chalabi
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198822844
- eISBN:
- 9780191861291
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198822844.001.0001
- Subject:
- Law, Public International Law
This book deals with human rights action planning, as a largely under-researched area, from theoretical, doctrinal, empirical, and practical perspectives in order to put forward a new account of such ...
More
This book deals with human rights action planning, as a largely under-researched area, from theoretical, doctrinal, empirical, and practical perspectives in order to put forward a new account of such planning. As such, the present work provides one of the most comprehensive studies of human rights planning to date. At the theoretical level, by advancing a novel general theory of human rights planning, it offers an alternative to the traditional state-centric model of planning. This new theory contains four sub-theories: contextual, substantive, procedural, and analytical ones.
At the doctrinal level, a textual analysis of core human rights conventions is conducted in order to reveal the scope and nature of the obligation to adopt a national human rights action plan and to consider how to ensure that states are in compliance with this obligation. At the empirical level, a cross-case analysis of national human rights action plans of fifty-three countries is conducted exploring the major problems of these plans in different phases and uncovering the underlying causes. At the practical level, both national and supra-national human rights governance systems are examined. At the supra-national level, a networked model of global human rights governance is suggested as a practical response strategy against the extant global governance system which hardly works as an integrated system. At the national level, after suggesting the establishment of a nation-wide network for implementing human rights, the essential parts of human rights action planning are probed in four phases putting forward some methodological techniques for each phase.Less
This book deals with human rights action planning, as a largely under-researched area, from theoretical, doctrinal, empirical, and practical perspectives in order to put forward a new account of such planning. As such, the present work provides one of the most comprehensive studies of human rights planning to date. At the theoretical level, by advancing a novel general theory of human rights planning, it offers an alternative to the traditional state-centric model of planning. This new theory contains four sub-theories: contextual, substantive, procedural, and analytical ones.
At the doctrinal level, a textual analysis of core human rights conventions is conducted in order to reveal the scope and nature of the obligation to adopt a national human rights action plan and to consider how to ensure that states are in compliance with this obligation. At the empirical level, a cross-case analysis of national human rights action plans of fifty-three countries is conducted exploring the major problems of these plans in different phases and uncovering the underlying causes. At the practical level, both national and supra-national human rights governance systems are examined. At the supra-national level, a networked model of global human rights governance is suggested as a practical response strategy against the extant global governance system which hardly works as an integrated system. At the national level, after suggesting the establishment of a nation-wide network for implementing human rights, the essential parts of human rights action planning are probed in four phases putting forward some methodological techniques for each phase.
Peter L. Lindseth
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195390148
- eISBN:
- 9780199866397
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390148.003.0004
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
This chapter initiates the discussion of the legal-historical effort to translate elements of the postwar constitutional settlement into supranational form over the last half-century. The focus here ...
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This chapter initiates the discussion of the legal-historical effort to translate elements of the postwar constitutional settlement into supranational form over the last half-century. The focus here is on the establishment of national executive leadership over the integration process. This development ran contrary to efforts by Jean Monnet to construct, purportedly on the New Deal model, a system of supranational technocratic autonomy in the High Authority of the European Coal and Steal Community. Monnet was ultimately curtailed significantly by the creation of the Council of Ministers in the Treaty of Paris of 1951. The institutional role of the Council of Ministers grew as a consequence of the Treaty of Rome of 1957, which established the European Economic Community. The crises of the 1960s further marginalized the Commission as an autonomous technocratic policy maker. But these crises also brought to the fore differing conceptions of national leadership that would play themselves out in the ‘empty chair’ crisis and the Luxembourg Compromise at mid-decade. France, under de Gaulle, favored control by particular national executives exercising a veto over supranational policy making; the remainder of the national executives favored shared oversight via consensus politics in the Council of Ministers. This later position prevailed, and found further expression in the creation of a dense bureaucracy of nationally dominated committees (COREPER, comitology). This process of national-executive ascendancy and shared oversight culminated in the creation of the European Council in 1974, which was to become the central institution of plebiscitary leadership in the process of European integration over the remainder of the century.Less
This chapter initiates the discussion of the legal-historical effort to translate elements of the postwar constitutional settlement into supranational form over the last half-century. The focus here is on the establishment of national executive leadership over the integration process. This development ran contrary to efforts by Jean Monnet to construct, purportedly on the New Deal model, a system of supranational technocratic autonomy in the High Authority of the European Coal and Steal Community. Monnet was ultimately curtailed significantly by the creation of the Council of Ministers in the Treaty of Paris of 1951. The institutional role of the Council of Ministers grew as a consequence of the Treaty of Rome of 1957, which established the European Economic Community. The crises of the 1960s further marginalized the Commission as an autonomous technocratic policy maker. But these crises also brought to the fore differing conceptions of national leadership that would play themselves out in the ‘empty chair’ crisis and the Luxembourg Compromise at mid-decade. France, under de Gaulle, favored control by particular national executives exercising a veto over supranational policy making; the remainder of the national executives favored shared oversight via consensus politics in the Council of Ministers. This later position prevailed, and found further expression in the creation of a dense bureaucracy of nationally dominated committees (COREPER, comitology). This process of national-executive ascendancy and shared oversight culminated in the creation of the European Council in 1974, which was to become the central institution of plebiscitary leadership in the process of European integration over the remainder of the century.
Ana S. Trbovich
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195333435
- eISBN:
- 9780199868834
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195333435.003.0006
- Subject:
- Law, Public International Law
This chapter focuses on how the peace process in the former Yugoslav republics was marred by continued violence. The road to peace was constructed almost exclusively by force, both of indigenous and ...
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This chapter focuses on how the peace process in the former Yugoslav republics was marred by continued violence. The road to peace was constructed almost exclusively by force, both of indigenous and external origin. The force employed affected the application of the right to self-determination, translating this right to territorial autonomy in Bosnia, self-government under international supervision in Kosovo and Metohia, decentralization and group rights in Macedonia, or nominal human rights without a right to territorial autonomy in Croatia. The magnitude of force and the international evaluation of the legitimacy of the use of force by the official authorities and the insurgents became crucial to the redrafting of constitutions to mandate stronger group rights, in some cases coupled with the redrawing of boundaries—albeit within the newly independent states. Self-determination, on its own and with the exception of a general insistence on respect for human rights, was irrelevant to the international community.Less
This chapter focuses on how the peace process in the former Yugoslav republics was marred by continued violence. The road to peace was constructed almost exclusively by force, both of indigenous and external origin. The force employed affected the application of the right to self-determination, translating this right to territorial autonomy in Bosnia, self-government under international supervision in Kosovo and Metohia, decentralization and group rights in Macedonia, or nominal human rights without a right to territorial autonomy in Croatia. The magnitude of force and the international evaluation of the legitimacy of the use of force by the official authorities and the insurgents became crucial to the redrafting of constitutions to mandate stronger group rights, in some cases coupled with the redrawing of boundaries—albeit within the newly independent states. Self-determination, on its own and with the exception of a general insistence on respect for human rights, was irrelevant to the international community.
Neil Boister and Robert Cryer
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199278527
- eISBN:
- 9780191706950
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199278527.003.0006
- Subject:
- Law, Public International Law
This chapter contextualizes the debate about the validity of crimes against peace at Tokyo, illustrates how the thematic elements of the debate emerged by sketching the development of crimes against ...
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This chapter contextualizes the debate about the validity of crimes against peace at Tokyo, illustrates how the thematic elements of the debate emerged by sketching the development of crimes against peace, analyses the validity of crimes against peace in the view of the participants in the Tokyo Tribunal, and examines their understanding of the scope of these offences. Broadly speaking, the issues were whether, in international law, a war of aggression or a war in violation of treaties was unlawful, whether the consequence of such illegality included individual criminal responsibility, and what the specific offences entailed. This chapter adopts these issues as a thematic taxonomy for analysis of the submissions on the law of the prosecution and defence, the majority and dissenting judgments, and their critics.Less
This chapter contextualizes the debate about the validity of crimes against peace at Tokyo, illustrates how the thematic elements of the debate emerged by sketching the development of crimes against peace, analyses the validity of crimes against peace in the view of the participants in the Tokyo Tribunal, and examines their understanding of the scope of these offences. Broadly speaking, the issues were whether, in international law, a war of aggression or a war in violation of treaties was unlawful, whether the consequence of such illegality included individual criminal responsibility, and what the specific offences entailed. This chapter adopts these issues as a thematic taxonomy for analysis of the submissions on the law of the prosecution and defence, the majority and dissenting judgments, and their critics.
Iñigo del Guayo and Johann-Christian Pielow
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199645039
- eISBN:
- 9780191738647
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199645039.003.0019
- Subject:
- Law, Environmental and Energy Law, Public International Law
This chapter analyses some recent legal provisions at European Union (EU) level related to electricity and gas infrastructure planning in the so-called 2009 Third Energy Package, as well as in ...
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This chapter analyses some recent legal provisions at European Union (EU) level related to electricity and gas infrastructure planning in the so-called 2009 Third Energy Package, as well as in subsequent legislation. The inclusion of detailed rules on infrastructure or network planning within a number of EU Directives and Regulations is a remarkable recent development of EU energy law.Less
This chapter analyses some recent legal provisions at European Union (EU) level related to electricity and gas infrastructure planning in the so-called 2009 Third Energy Package, as well as in subsequent legislation. The inclusion of detailed rules on infrastructure or network planning within a number of EU Directives and Regulations is a remarkable recent development of EU energy law.
John Tobin
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199603299
- eISBN:
- 9780191731662
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199603299.003.0006
- Subject:
- Law, Public International Law
This chapter seeks to identify the meaning of the obligation on states to ‘take steps’ to realize the right to health by ‘all appropriate means’. It shows that the work of the human rights treaty ...
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This chapter seeks to identify the meaning of the obligation on states to ‘take steps’ to realize the right to health by ‘all appropriate means’. It shows that the work of the human rights treaty monitoring bodies offers considerable insights into the nature of the ‘appropriate…means’ required of states to secure the right to health with respect to measures such as judicial remedies and the adoption of national health plans. However, these contributions, particularly those of the Committee on Economic, Social, and Cultural Rights, have tended to inflate the scope of the measures required of states in a way that fails to pay sufficient attention to the need for both internal and external system coherence. A more modest vision with respect to the scope of a state's obligation will therefore be offered.Less
This chapter seeks to identify the meaning of the obligation on states to ‘take steps’ to realize the right to health by ‘all appropriate means’. It shows that the work of the human rights treaty monitoring bodies offers considerable insights into the nature of the ‘appropriate…means’ required of states to secure the right to health with respect to measures such as judicial remedies and the adoption of national health plans. However, these contributions, particularly those of the Committee on Economic, Social, and Cultural Rights, have tended to inflate the scope of the measures required of states in a way that fails to pay sufficient attention to the need for both internal and external system coherence. A more modest vision with respect to the scope of a state's obligation will therefore be offered.
John Tobin
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199603299
- eISBN:
- 9780191731662
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199603299.003.0008
- Subject:
- Law, Public International Law
The formulation of the right to health in international law lists a series of explicit measures that states must pursue in order to secure the full implementation of this right. These measures, which ...
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The formulation of the right to health in international law lists a series of explicit measures that states must pursue in order to secure the full implementation of this right. These measures, which range from an obligation to reduce infant mortality to the development of preventive health care and family planning services, are extremely broad and open textured. This chapter seeks to examine the extent to which parameters can be placed around their meaning in a way that allows states and the broader interpretative community to agree on the nature of the practical steps required to secure their implementation. Although considerable deference must be given to states' margin of appreciation to allow for a context-sensitive implementation of these specific measures, this margin remains subject to the overriding caveat that whatever measures are adopted by states must be effective.Less
The formulation of the right to health in international law lists a series of explicit measures that states must pursue in order to secure the full implementation of this right. These measures, which range from an obligation to reduce infant mortality to the development of preventive health care and family planning services, are extremely broad and open textured. This chapter seeks to examine the extent to which parameters can be placed around their meaning in a way that allows states and the broader interpretative community to agree on the nature of the practical steps required to secure their implementation. Although considerable deference must be given to states' margin of appreciation to allow for a context-sensitive implementation of these specific measures, this margin remains subject to the overriding caveat that whatever measures are adopted by states must be effective.
Azadeh Chalabi
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198822844
- eISBN:
- 9780191861291
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198822844.003.0001
- Subject:
- Law, Public International Law
This book deals with human rights action planning from theoretical, doctrinal, empirical, and practical perspectives. It is structured into four parts and seven chapters. The first part is composed ...
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This book deals with human rights action planning from theoretical, doctrinal, empirical, and practical perspectives. It is structured into four parts and seven chapters. The first part is composed of two chapters that advance a novel general theory of human rights planning including four sub-theories. The second part, which contains two chapters, presents the results of a content analysis of all the nine core human rights conventions revealing the scope and nature of the obligation of the states to adopt a plan of action for implementing human rights. The third part, including one chapter, provides the empirical findings of a cross-case analysis of national human rights action plans of fifty-three countries exploring the major problems of these plans in different phases of planning and uncovering the underlying causes of these problems. The last part, which consists of two chapters, examines both national and supra-national human rights governance, setting out how these plans should be best developed, implemented, monitored, and how to maximize their effectiveness both at the national and international level.Less
This book deals with human rights action planning from theoretical, doctrinal, empirical, and practical perspectives. It is structured into four parts and seven chapters. The first part is composed of two chapters that advance a novel general theory of human rights planning including four sub-theories. The second part, which contains two chapters, presents the results of a content analysis of all the nine core human rights conventions revealing the scope and nature of the obligation of the states to adopt a plan of action for implementing human rights. The third part, including one chapter, provides the empirical findings of a cross-case analysis of national human rights action plans of fifty-three countries exploring the major problems of these plans in different phases of planning and uncovering the underlying causes of these problems. The last part, which consists of two chapters, examines both national and supra-national human rights governance, setting out how these plans should be best developed, implemented, monitored, and how to maximize their effectiveness both at the national and international level.
Kevin Jon Heller
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199554317
- eISBN:
- 9780191728624
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199554317.003.0004
- Subject:
- Law, Public International Law, Criminal Law and Criminology
Although Telford Taylor's initial forecast called for at least thirty-six trials involving at least 266 defendants, the OCC ultimately managed to hold only twelve trials involving 185 defendants. ...
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Although Telford Taylor's initial forecast called for at least thirty-six trials involving at least 266 defendants, the OCC ultimately managed to hold only twelve trials involving 185 defendants. This chapter explains that dramatic reduction. Section 1 focuses on the OCC's early planning, describing how the OCC determined which of the nearly 100,000 war-crimes suspects detained pursuant to JCS 1023/10 were eligible to be prosecuted in the zonal trials and examining the general principles the OCC used to group those potential defendants into particular cases. Section 2 then traces the gradual evolution of the OCC's actual trial program, explaining how the OCC selected the twelve trials and explaining why, for various reasons, it decided to abandon a number of other cases.Less
Although Telford Taylor's initial forecast called for at least thirty-six trials involving at least 266 defendants, the OCC ultimately managed to hold only twelve trials involving 185 defendants. This chapter explains that dramatic reduction. Section 1 focuses on the OCC's early planning, describing how the OCC determined which of the nearly 100,000 war-crimes suspects detained pursuant to JCS 1023/10 were eligible to be prosecuted in the zonal trials and examining the general principles the OCC used to group those potential defendants into particular cases. Section 2 then traces the gradual evolution of the OCC's actual trial program, explaining how the OCC selected the twelve trials and explaining why, for various reasons, it decided to abandon a number of other cases.
Kevin Jon Heller
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199554317
- eISBN:
- 9780191728624
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199554317.003.0009
- Subject:
- Law, Public International Law, Criminal Law and Criminology
The tribunals generally followed the International Military Tribunal at Nuremberg's approach to analyzing whether a defendant had committed crimes against peace. They began by determining whether the ...
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The tribunals generally followed the International Military Tribunal at Nuremberg's approach to analyzing whether a defendant had committed crimes against peace. They began by determining whether the particular aggressive wars or invasions identified in the indictment did, in fact, qualify as such crimes. They then asked whether the defendants themselves were individually criminally responsible for them either directly or by participating in a common plan or conspiracy. That analytic framework structures this chapter. Section 1 focuses on the acts of aggression at issue in the trials, explaining why the tribunals extended crimes against peace to include invasions as well as wars. Section 2 discusses the elements of planning, preparing, initiating, and waging aggressive wars and invasions: the leadership requirement, the actus reus, and the mens rea. Finally, Section 3 explains why the tribunals uniformly rejected allegations that defendants had conspired to commit crimes against peace.Less
The tribunals generally followed the International Military Tribunal at Nuremberg's approach to analyzing whether a defendant had committed crimes against peace. They began by determining whether the particular aggressive wars or invasions identified in the indictment did, in fact, qualify as such crimes. They then asked whether the defendants themselves were individually criminally responsible for them either directly or by participating in a common plan or conspiracy. That analytic framework structures this chapter. Section 1 focuses on the acts of aggression at issue in the trials, explaining why the tribunals extended crimes against peace to include invasions as well as wars. Section 2 discusses the elements of planning, preparing, initiating, and waging aggressive wars and invasions: the leadership requirement, the actus reus, and the mens rea. Finally, Section 3 explains why the tribunals uniformly rejected allegations that defendants had conspired to commit crimes against peace.
