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Securing Human Rights?: Achievements and Challenges of the UN Security Council

Bardo Fassbender (ed.)

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641499
eISBN:
9780191732218
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641499.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

The contributions to this book, which are based on lectures delivered at the Academy of European Law in Florence, take a closer look at the two sides of the United Nations Security Council's ... More


Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’

Simon Evans and Julia Watson

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0010
Subject:
Law, Human Rights and Immigration

This chapter examines the influence of the new Commonwealth model of human rights protection (exemplified by the UK Human Rights Act 1998) on the form of the two Australian statutory Bills of Rights, ... More


The Right to Strike

K. D. Ewing

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198254393
eISBN:
9780191681486
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254393.001.0001
Subject:
Law, Employment Law, Human Rights and Immigration

The right to strike in Britain is one of the most important, albeit neglected, issues of modern labour law. It is also one of the most controversial, particularly since the dismissal of 5,500 workers ... More


From Korea to Kuwait: Britain and Coalitions of the Willing

Nigel D. White

in Democracy goes to War: British Military Deployments under International Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199218592
eISBN:
9780191705595
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199218592.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

The deployment of large numbers of British troops to both Korea in 1950 and to Kuwait in 1990 followed similar domestic and international legal paths, though the political contexts were quite ... More


The African Commission: An Assessment

Frans Viljoen

in International Human Rights Law in Africa

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199218585
eISBN:
9780191696107
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199218585.003.0010
Subject:
Law, Human Rights and Immigration

This chapter presents a balance sheet that offsets the accomplishments of the African Commission in implementing the African Charter against its failures to accomplish its goals. In the process, not ... More


International Court of Justice

Magdalena Forowicz

in The Reception of International Law in the European Court of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592678
eISBN:
9780191595646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592678.003.0003
Subject:
Law, Human Rights and Immigration

The case law and Statute of the International Court of Justice have filled important gaps in the Court's case law. They have also constituted important milestones in the Court's interpretation and ... More


Is There a Human Right to Development?

RUMU SARKAR

in International Development Law: Rule of Law, Human Rights, and Global Finance

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195398281
eISBN:
9780199866366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195398281.003.004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines whether there is a human right to development. It is the most legally focused of all the chapters and essentially tracks the historical antecedents of the “right to ... More


Lawbreaker or Lawmaker? Britain and International Law on the Use of Force

Nigel D. White

in Democracy goes to War: British Military Deployments under International Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199218592
eISBN:
9780191705595
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199218592.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter gives an account of the current debate on the international rules governing the use of military force, its approach differs from the normal approach in that seeks to discern the rules ... More


Between Idealism and Realism: Britain, the UN, and NATO

Nigel D. White

in Democracy goes to War: British Military Deployments under International Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199218592
eISBN:
9780191705595
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199218592.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

The government's decisions to deploy troops since 1945 have been increasingly made within international institutional frameworks. The UK, as a permanent member of the UN Security Council, and as an ... More


The Applicability of Economic and Social Rights to the UN Security Council

Nigel D. White

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0005
Subject:
Law, Human Rights and Immigration

This chapter examines the applicability of economic, social, and cultural rights (ESC rights) to the UN Security Council, to determine whether it is bound to respect human rights law generally, and ... More


The African Commission on Human and Peoples' Rights and the Implementation of Economic, Social, and Cultural Rights in Africa

Mashood A. Baderin

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0007
Subject:
Law, Human Rights and Immigration

This chapter examines the implementation of economic, social, and cultural rights (ESC rights) under the African human rights system through a critical evaluation of the activities of the African ... More


Violations of Economic, Social, and Cultural Rights: The Current Use and Future Potential of the Collective Complaints Mechanism of the European Social Charter

Robin R. Churchill and Urfan Khaliq

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0009
Subject:
Law, Human Rights and Immigration

This chapter reviews the operation of the collective complaints system and assesses its future potential. It describes the genesis of the system and then goes on to explain how complaints are made ... More


Economic and Social Interests and the European Convention on Human Rights

Colin Warbrick

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0010
Subject:
Law, Human Rights and Immigration

This chapter argues that, with the exception of the right to education, the European Convention on Human Rights (ECHR) does not protect economic and social rights. The chapter does not dispute that ... More


International Law Pertaining to Torture and Interrogation

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0009
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

Expanding the discussion to the international sphere is critical to our overall focus: the development of a lawful coercive interrogation regime predicated on the rule of law. In the effort to do so, ... More


From the Brussels Treaty to the Council of Europe

A. W. BRAIN SIMPSON

in Human Rights and the End of Empire: Britain and the Genesis of the European Convention

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199267897
eISBN:
9780191714115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267897.003.0012
Subject:
Law, Human Rights and Immigration, EU Law

This chapter gives an account of the Hague Congress of May 1948, and its demand for a European Charter of Human Rights, which led to the drafting of such a charter. It explains British Labour Party ... More


Parliament and Rights

JANET L. HIEBERT

in Protecting Human Rights: Instruments and Institutions

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264063
eISBN:
9780191718304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264063.003.0012
Subject:
Law, Human Rights and Immigration

This chapter begins by examining the judicial-centric interpretation of rights. It then notes that the adoption of the Charter is viewed by many as requiring the primacy of legal judgment about how ... More


Introduction

Bardo Fassbender

in Securing Human Rights?: Achievements and Challenges of the UN Security Council

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641499
eISBN:
9780191732218
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641499.003.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This introductory chapter aims at providing a framework for this book which deals with different aspects of the issue of human rights and the UN Security Council. On the one hand, the Security ... More


The Security Council and Human Rights—from Discretion to Promote to Obligation to Protect

Daphna Shraga

in Securing Human Rights?: Achievements and Challenges of the UN Security Council

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641499
eISBN:
9780191732218
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641499.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter analyses how the role of the UN Security Council in the promotion and protection of human rights developed since 1945: an organ not endowed with any specific powers in the field of human ... More


The Security Council as Enforcer of Human Rights

Vera Gowlland-Debbas

in Securing Human Rights?: Achievements and Challenges of the UN Security Council

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641499
eISBN:
9780191732218
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641499.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter focuses on the legal issues of the Security Council's actions in favour of human rights. In particular, it addresses the problem of the qualification of human rights violations as a ... More


The Role for Human Rights in the Decision-making Process of the Security Council

Bardo Fassbender

in Securing Human Rights?: Achievements and Challenges of the UN Security Council

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641499
eISBN:
9780191732218
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641499.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter addresses questions of safeguarding human rights in the course of Council action directed towards ‘other’ goals rather than the direct protection of human rights, i.e., mainly ... More


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