Alexander Orakhelashvili
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199546114
- eISBN:
- 9780191712203
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546114.003.0004
- Subject:
- Law, Public International Law
This chapter focuses on distinctive characteristics of peremptory norms, in particular on its absolute character, non-derogability, and the effect-oriented profile.
This chapter focuses on distinctive characteristics of peremptory norms, in particular on its absolute character, non-derogability, and the effect-oriented profile.
Hans Kelsen
- Published in print:
- 1991
- Published Online:
- March 2012
- ISBN:
- 9780198252177
- eISBN:
- 9780191681363
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198252177.003.0046
- Subject:
- Law, Philosophy of Law
An important difference between the truth of a statement and the validity of a norm is that the truth of a statement is verifiable — i.e. it must be possible to prove it to be true or false — while ...
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An important difference between the truth of a statement and the validity of a norm is that the truth of a statement is verifiable — i.e. it must be possible to prove it to be true or false — while the validity of a norm is not. The validity of a norm is not verifiable because it is its specific existence and can no more be true or false than the existence of a fact. Only the truth of a statement about the existence of a fact is verifiable, since verifying means ascertaining the truth. The only thing which remains open to question is whether the statement about the validity of a norm is verifiable. And this question must be answered in the affirmative, since this statement, like any other statement, can be true or false, and so must be verifiable.Less
An important difference between the truth of a statement and the validity of a norm is that the truth of a statement is verifiable — i.e. it must be possible to prove it to be true or false — while the validity of a norm is not. The validity of a norm is not verifiable because it is its specific existence and can no more be true or false than the existence of a fact. Only the truth of a statement about the existence of a fact is verifiable, since verifying means ascertaining the truth. The only thing which remains open to question is whether the statement about the validity of a norm is verifiable. And this question must be answered in the affirmative, since this statement, like any other statement, can be true or false, and so must be verifiable.
Noam Lubell
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199584840
- eISBN:
- 9780191594540
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199584840.003.0008
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter examines the human rights primarily affected by extraterritorial force against non-state actors. Extraterritorial forcible measures used by states against individuals often include state ...
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This chapter examines the human rights primarily affected by extraterritorial force against non-state actors. Extraterritorial forcible measures used by states against individuals often include state agents (acting outside their own sovereign territory) being responsible for one or more of: lethal or potentially lethal force, ill-treatment of persons in their custody, abduction, and deprivation of liberty. These are examined in turn, as is the possibility of restricting or derogating from these rights.Less
This chapter examines the human rights primarily affected by extraterritorial force against non-state actors. Extraterritorial forcible measures used by states against individuals often include state agents (acting outside their own sovereign territory) being responsible for one or more of: lethal or potentially lethal force, ill-treatment of persons in their custody, abduction, and deprivation of liberty. These are examined in turn, as is the possibility of restricting or derogating from these rights.
Erich Vranes
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562787
- eISBN:
- 9780191705366
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562787.003.0003
- Subject:
- Law, Public International Law, EU Law
Principal questions regarding the so-called ‘rules’ on conflict resolution such as the lex posterior maxim are still unresolved and disputed in international law just as in domestic law doctrine. ...
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Principal questions regarding the so-called ‘rules’ on conflict resolution such as the lex posterior maxim are still unresolved and disputed in international law just as in domestic law doctrine. These questions concern the legal nature of these maxims, their number, contents and legal consequences. It also relates to the structure of the legal order and basic principles such as pacta sunt servanda. This chapter argues that principles such as the lex specialis and lex posterior maxims should be regarded as subordinate interpretative criteria, which implies inter alia that there can be no abstract hierarchy between the lex posterior and lex specialis maxims. The chapter also examines problems relating to the lex superior, lex posterior, and lex specialis maxims, both in legal theory and international law. It analyses the problems of successive (multilateral) treaties, barriers to derogation (pacta tertiis principle etc.), and an eventual hierarchy of conflict principles in international law.Less
Principal questions regarding the so-called ‘rules’ on conflict resolution such as the lex posterior maxim are still unresolved and disputed in international law just as in domestic law doctrine. These questions concern the legal nature of these maxims, their number, contents and legal consequences. It also relates to the structure of the legal order and basic principles such as pacta sunt servanda. This chapter argues that principles such as the lex specialis and lex posterior maxims should be regarded as subordinate interpretative criteria, which implies inter alia that there can be no abstract hierarchy between the lex posterior and lex specialis maxims. The chapter also examines problems relating to the lex superior, lex posterior, and lex specialis maxims, both in legal theory and international law. It analyses the problems of successive (multilateral) treaties, barriers to derogation (pacta tertiis principle etc.), and an eventual hierarchy of conflict principles in international law.
Moeckli Daniel
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199239801
- eISBN:
- 9780191716829
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239801.003.0003
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter first sets out the sources of the right to equality and non-discrimination in international, regional, and national law. It then analyses the different tests used by international human ...
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This chapter first sets out the sources of the right to equality and non-discrimination in international, regional, and national law. It then analyses the different tests used by international human rights bodies and national courts to distinguish between permissible and impermissible differential treatment and develops, based on this jurisprudence, a common standard of non-discrimination that can be applied throughout the study to assess specific anti-terrorism measures. According to this standard, differential treatment on the basis of citizenship status, nationality, ‘race’, national or ethnic origin, or religion is only permissible if there are objective and reasonable grounds for it. The existence of a terrorist threat does not, as such, alter this obligation. Therefore, anti-terrorism measures that make distinctions on the basis of any of these criteria will only be compatible with the human right to non-discrimination if they are a proportionate means of achieving the (legitimate) aim of countering terrorism.Less
This chapter first sets out the sources of the right to equality and non-discrimination in international, regional, and national law. It then analyses the different tests used by international human rights bodies and national courts to distinguish between permissible and impermissible differential treatment and develops, based on this jurisprudence, a common standard of non-discrimination that can be applied throughout the study to assess specific anti-terrorism measures. According to this standard, differential treatment on the basis of citizenship status, nationality, ‘race’, national or ethnic origin, or religion is only permissible if there are objective and reasonable grounds for it. The existence of a terrorist threat does not, as such, alter this obligation. Therefore, anti-terrorism measures that make distinctions on the basis of any of these criteria will only be compatible with the human right to non-discrimination if they are a proportionate means of achieving the (legitimate) aim of countering terrorism.
C. Daniel Batson
- Published in print:
- 2010
- Published Online:
- May 2011
- ISBN:
- 9780195341065
- eISBN:
- 9780199894222
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195341065.003.0008
- Subject:
- Psychology, Social Psychology
Empathy-induced altruism offers a number of benefits. Most obvious are the benefits that accrue to individuals whose needs elicit empathic concern, but research suggests that empathy-induced ...
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Empathy-induced altruism offers a number of benefits. Most obvious are the benefits that accrue to individuals whose needs elicit empathic concern, but research suggests that empathy-induced altruistic motivation can also benefit groups in need. It may even benefit the person experiencing this motivation. The potential benefits discussed in this chapter are: More, more sensitive, and less fickle help; less aggression and derogation of the victims of injustice; increased cooperation and care in conflict situations, including conflict in bargaining and negotiations, ethnic, religious, and political conflicts, and racial conflicts in educational settings; improved attitudes toward, and action on behalf of, stigmatized groups; more positive close relationships, including friendships and romantic relationships; and better mental and physical health for the altruistic helper.Less
Empathy-induced altruism offers a number of benefits. Most obvious are the benefits that accrue to individuals whose needs elicit empathic concern, but research suggests that empathy-induced altruistic motivation can also benefit groups in need. It may even benefit the person experiencing this motivation. The potential benefits discussed in this chapter are: More, more sensitive, and less fickle help; less aggression and derogation of the victims of injustice; increased cooperation and care in conflict situations, including conflict in bargaining and negotiations, ethnic, religious, and political conflicts, and racial conflicts in educational settings; improved attitudes toward, and action on behalf of, stigmatized groups; more positive close relationships, including friendships and romantic relationships; and better mental and physical health for the altruistic helper.
Katharine G. Young
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199641932
- eISBN:
- 9780191746086
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199641932.003.0004
- Subject:
- Law, Constitutional and Administrative Law, Human Rights and Immigration
This chapter considers how the application of economic and social rights may be limited according to the same legal apparatus that establishes them. A six-part presentation of the varying modes of ...
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This chapter considers how the application of economic and social rights may be limited according to the same legal apparatus that establishes them. A six-part presentation of the varying modes of limiting rights is provided, which includes the doctrines and textual requirements of progressive realization, reasonable limitation, suspension, derogation, override, reservation, amendment, and underenforcement. Constitutional law and international human rights law ensure that these constraints on rights are subject to their own justificatory constraints. Two processes of justification, which are contained in reasonableness review and proportionality analysis, are discussed. These are examined in light of the South African Constitution and the South African Constitutional Court’s approach to interpreting the limits of economic and social rights, and in light of other comparative examples from Germany, Canada and the European and United Nations human rights instrumentsLess
This chapter considers how the application of economic and social rights may be limited according to the same legal apparatus that establishes them. A six-part presentation of the varying modes of limiting rights is provided, which includes the doctrines and textual requirements of progressive realization, reasonable limitation, suspension, derogation, override, reservation, amendment, and underenforcement. Constitutional law and international human rights law ensure that these constraints on rights are subject to their own justificatory constraints. Two processes of justification, which are contained in reasonableness review and proportionality analysis, are discussed. These are examined in light of the South African Constitution and the South African Constitutional Court’s approach to interpreting the limits of economic and social rights, and in light of other comparative examples from Germany, Canada and the European and United Nations human rights instruments
Sonia E. Rolland
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199600885
- eISBN:
- 9780191738364
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199600885.003.0007
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter examines the legal nature of Special and Differential Treatment (SDT) provisions in the WTO agreements. What rights and obligations do they create and for whom? Using the language of the ...
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This chapter examines the legal nature of Special and Differential Treatment (SDT) provisions in the WTO agreements. What rights and obligations do they create and for whom? Using the language of the provisions as well as developments in international law generally, this chapter argues that many SDT provisions could be given more legal force than has been the case so far, and hence become operational tools for developing members. It then surveys the implementation record of SDT provisions to assess whether developing members have in fact used them since the inception of the GATT. It demonstrates that only a handful of SDT provisions have been invoked consistently, and even some of those have fallen into disuse since the inception of the WTO.Less
This chapter examines the legal nature of Special and Differential Treatment (SDT) provisions in the WTO agreements. What rights and obligations do they create and for whom? Using the language of the provisions as well as developments in international law generally, this chapter argues that many SDT provisions could be given more legal force than has been the case so far, and hence become operational tools for developing members. It then surveys the implementation record of SDT provisions to assess whether developing members have in fact used them since the inception of the GATT. It demonstrates that only a handful of SDT provisions have been invoked consistently, and even some of those have fallen into disuse since the inception of the WTO.
A. W. BRIAN SIMPSON
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199267897
- eISBN:
- 9780191714115
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199267897.003.0017
- Subject:
- Law, Human Rights and Immigration, EU Law
This chapter deals more fully with the colonial emergencies and insurrections which accompanied the winding down of the colonial empire, of the mechanisms of repression which were used to combat ...
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This chapter deals more fully with the colonial emergencies and insurrections which accompanied the winding down of the colonial empire, of the mechanisms of repression which were used to combat them, and of the derogations to the European Convention which were submitted in response to them. It deals in particular detail with the exile of Kabaka of Buganda, and with the EOKA emergency in Cyprus: the legal measures adopted in response to it, the exile of Archbishop Makarios, and the use of the death penalty there, which triggered the first inter state proceedings, brought by Greece against the UK, under the Convention.Less
This chapter deals more fully with the colonial emergencies and insurrections which accompanied the winding down of the colonial empire, of the mechanisms of repression which were used to combat them, and of the derogations to the European Convention which were submitted in response to them. It deals in particular detail with the exile of Kabaka of Buganda, and with the EOKA emergency in Cyprus: the legal measures adopted in response to it, the exile of Archbishop Makarios, and the use of the death penalty there, which triggered the first inter state proceedings, brought by Greece against the UK, under the Convention.
A. W. BRIAN SIMPSON
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199267897
- eISBN:
- 9780191714115
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199267897.003.0019
- Subject:
- Law, Human Rights and Immigration, EU Law
This chapter gives an account of the visit of the sub-commission to Cyprus, the oral hearings, hostility of the colonial authorities and their management of the visit, the part played by the UK ...
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This chapter gives an account of the visit of the sub-commission to Cyprus, the oral hearings, hostility of the colonial authorities and their management of the visit, the part played by the UK member, Humphrey Waldock, and the Greek member Eustathiades, the report of the sub-commission, with detailed discussion of its views on Article 15 of the Convention, on the doctrine of the margin of appreciation, on irregular derogations, on curfews and collective punishments, and on arrest and detention. It also gives an account of Greece's second application, Application 299/57, which alleged forty-nine cases of torture, which are discussed in detail, and of the appointment of a second sub-commission, and explains how the UK lawyers succeeded in delaying the investigation, which was never completed, events being overtaken by the Zurich political settlement of the dispute, with the report in the first case kept secret and the investigation of the second halted.Less
This chapter gives an account of the visit of the sub-commission to Cyprus, the oral hearings, hostility of the colonial authorities and their management of the visit, the part played by the UK member, Humphrey Waldock, and the Greek member Eustathiades, the report of the sub-commission, with detailed discussion of its views on Article 15 of the Convention, on the doctrine of the margin of appreciation, on irregular derogations, on curfews and collective punishments, and on arrest and detention. It also gives an account of Greece's second application, Application 299/57, which alleged forty-nine cases of torture, which are discussed in detail, and of the appointment of a second sub-commission, and explains how the UK lawyers succeeded in delaying the investigation, which was never completed, events being overtaken by the Zurich political settlement of the dispute, with the report in the first case kept secret and the investigation of the second halted.
A. W. BRAIN SIMPSON
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199267897
- eISBN:
- 9780191714115
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199267897.003.0020
- Subject:
- Law, Human Rights and Immigration, EU Law
This chapter gives an account of the reappraisal of the convention which followed the Cyprus cases, and the problems it caused for UK colonial office. It describes the later derogations and the use ...
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This chapter gives an account of the reappraisal of the convention which followed the Cyprus cases, and the problems it caused for UK colonial office. It describes the later derogations and the use of emergency powers in Aden, Nyasaland, Northern Rhodesia, Sarawak, North Borneo, and Kenya and in Northern Ireland. It describes how the UK eventually accepted the jurisdiction of the court and the right of individual petition, relating this to the adoption of the policy of decolonization, and the chapter discusses the significance of the Lawless case, and concludes with brief discussion of the Human Rights Act of 1998.Less
This chapter gives an account of the reappraisal of the convention which followed the Cyprus cases, and the problems it caused for UK colonial office. It describes the later derogations and the use of emergency powers in Aden, Nyasaland, Northern Rhodesia, Sarawak, North Borneo, and Kenya and in Northern Ireland. It describes how the UK eventually accepted the jurisdiction of the court and the right of individual petition, relating this to the adoption of the policy of decolonization, and the chapter discusses the significance of the Lawless case, and concludes with brief discussion of the Human Rights Act of 1998.
Rosalyn Higgins Dbe Qc
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780198262350
- eISBN:
- 9780191682322
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198262350.003.0031
- Subject:
- Law, Public International Law
This chapter discusses derogations from human rights obligations. It is limited to an examination of derogations from rights enunciated in international treaties. Both individuals and states have ...
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This chapter discusses derogations from human rights obligations. It is limited to an examination of derogations from rights enunciated in international treaties. Both individuals and states have rights and obligations. Recent years have witnessed a considerable drive towards improving the position of the individual, accompanied by a widespread feeling that the traditional views on the place of the individual in international law, and the traditional rules on nationality of claims, tipped the scales exceedingly in favour of the state. In attempting to redress the balance, it is necessary, however, for improved human rights to be matched by accommodations in favour of the reasonable needs of the state to perform its public duties for the common good. A variety of techniques are available for effecting such accommodations, namely, the possibility of the denunciation of a treaty, reservations as to its terms, articles stating that individual rights can only be exercised in conformity with the rights of others, clauses in the text interpreting the scope of rights guaranteed, ‘clawback’ clauses and derogations clauses stricto sensu.Less
This chapter discusses derogations from human rights obligations. It is limited to an examination of derogations from rights enunciated in international treaties. Both individuals and states have rights and obligations. Recent years have witnessed a considerable drive towards improving the position of the individual, accompanied by a widespread feeling that the traditional views on the place of the individual in international law, and the traditional rules on nationality of claims, tipped the scales exceedingly in favour of the state. In attempting to redress the balance, it is necessary, however, for improved human rights to be matched by accommodations in favour of the reasonable needs of the state to perform its public duties for the common good. A variety of techniques are available for effecting such accommodations, namely, the possibility of the denunciation of a treaty, reservations as to its terms, articles stating that individual rights can only be exercised in conformity with the rights of others, clauses in the text interpreting the scope of rights guaranteed, ‘clawback’ clauses and derogations clauses stricto sensu.
Rosalyn Higgins Dbe Qc
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780198262350
- eISBN:
- 9780191682322
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198262350.003.0093
- Subject:
- Law, Public International Law
In its final submissions, Iran asked the International Court of Justice to find that the military action by the United States against the oil platforms referred to in its application constituted a ...
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In its final submissions, Iran asked the International Court of Justice to find that the military action by the United States against the oil platforms referred to in its application constituted a violation of Article X, paragraph 1, of the Treaty of Amity. Neither Article XX of the Iran–United States Treaty nor Article XXI of the Nicaragua–United States Treaty appear to be a derogation clause in the normally understood sense of that term. The application of Iran of November 1992 instituting proceedings in this case asked the Court for a judgment on five points. This chapter gives an opinion on the case.Less
In its final submissions, Iran asked the International Court of Justice to find that the military action by the United States against the oil platforms referred to in its application constituted a violation of Article X, paragraph 1, of the Treaty of Amity. Neither Article XX of the Iran–United States Treaty nor Article XXI of the Nicaragua–United States Treaty appear to be a derogation clause in the normally understood sense of that term. The application of Iran of November 1992 instituting proceedings in this case asked the Court for a judgment on five points. This chapter gives an opinion on the case.
Hans Kelsen
- Published in print:
- 1991
- Published Online:
- March 2012
- ISBN:
- 9780198252177
- eISBN:
- 9780191681363
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198252177.003.0027
- Subject:
- Law, Philosophy of Law
The question of derogation is the question of the sphere of validity of norms, specifically the temporal sphere of validity, since derogation terminates the validity of a norm in time. Derogation ...
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The question of derogation is the question of the sphere of validity of norms, specifically the temporal sphere of validity, since derogation terminates the validity of a norm in time. Derogation concerns the validity of a norm and not the act of positing the norm. Only the former can be repealed; not the latter. Since a derogating norm is not concerned with behaviour, it cannot be observed and applied (as other norms can). And consequently, it cannot be violated either. Once it has fulfilled its function, that is, once the norm to which it relates has lost its validity, the derogating norm loses its validity with respect to the norm whose validity it repealed.Less
The question of derogation is the question of the sphere of validity of norms, specifically the temporal sphere of validity, since derogation terminates the validity of a norm in time. Derogation concerns the validity of a norm and not the act of positing the norm. Only the former can be repealed; not the latter. Since a derogating norm is not concerned with behaviour, it cannot be observed and applied (as other norms can). And consequently, it cannot be violated either. Once it has fulfilled its function, that is, once the norm to which it relates has lost its validity, the derogating norm loses its validity with respect to the norm whose validity it repealed.
Hans Kelsen
- Published in print:
- 1991
- Published Online:
- March 2012
- ISBN:
- 9780198252177
- eISBN:
- 9780191681363
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198252177.003.0044
- Subject:
- Law, Philosophy of Law
A statement must be made, not in order to be true, but in order that we be able to judge it true or false. It is true, even if it is not made. That heat causes a metal to expand is true, even if no ...
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A statement must be made, not in order to be true, but in order that we be able to judge it true or false. It is true, even if it is not made. That heat causes a metal to expand is true, even if no one makes this statement. That murder is to be punished by death is valid only if this norm is posited by the legislator. A statement is true if what it states exists. Even a false statement is a statement. If the decision of a judge ‘X is to be imprisoned’ is not valid for some reason or other, then the decision is ‘void’ (i.e. it is not a norm); this meaning does not exist.Less
A statement must be made, not in order to be true, but in order that we be able to judge it true or false. It is true, even if it is not made. That heat causes a metal to expand is true, even if no one makes this statement. That murder is to be punished by death is valid only if this norm is posited by the legislator. A statement is true if what it states exists. Even a false statement is a statement. If the decision of a judge ‘X is to be imprisoned’ is not valid for some reason or other, then the decision is ‘void’ (i.e. it is not a norm); this meaning does not exist.
Jaime Oraá
- Published in print:
- 1999
- Published Online:
- March 2012
- ISBN:
- 9780198268376
- eISBN:
- 9780191683510
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268376.003.0019
- Subject:
- Law, Public International Law
This chapter examines the provisions of customary international law concerning the protection of human rights in emergency situations. It discusses the derogation clause in human-rights treaties, ...
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This chapter examines the provisions of customary international law concerning the protection of human rights in emergency situations. It discusses the derogation clause in human-rights treaties, which establishes a legal regime regulating the protection of human rights in emergency situations. It highlights the non-participation of about one-third of the states of the international community in international treaties and the occurrence of the gravest violations of fundamental human rights in the context of states of emergency.Less
This chapter examines the provisions of customary international law concerning the protection of human rights in emergency situations. It discusses the derogation clause in human-rights treaties, which establishes a legal regime regulating the protection of human rights in emergency situations. It highlights the non-participation of about one-third of the states of the international community in international treaties and the occurrence of the gravest violations of fundamental human rights in the context of states of emergency.
Chaloka Beyani
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198268215
- eISBN:
- 9780191683459
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268215.003.0007
- Subject:
- Law, Public International Law
At times when nations are undergoing states of war or national emergency, it can be noticed that throughout history, States have veered away from the protection of human rights. The States attempt to ...
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At times when nations are undergoing states of war or national emergency, it can be noticed that throughout history, States have veered away from the protection of human rights. The States attempt to justify such actions through pointing out how the State should take the proper measures in maintaining its stability and ensuring its security against certain forms of delinquency that puts both individual and collective interests at risk. Although human rights standards recognize that there are certain incidences in which the principle of derogation must be imposed, a set of criteria that is well-defined is established to limit the occurrences of its application since derogation during states of emergency is believed to lessen the quality and degree of human rights.Less
At times when nations are undergoing states of war or national emergency, it can be noticed that throughout history, States have veered away from the protection of human rights. The States attempt to justify such actions through pointing out how the State should take the proper measures in maintaining its stability and ensuring its security against certain forms of delinquency that puts both individual and collective interests at risk. Although human rights standards recognize that there are certain incidences in which the principle of derogation must be imposed, a set of criteria that is well-defined is established to limit the occurrences of its application since derogation during states of emergency is believed to lessen the quality and degree of human rights.
Elizabeth Stubbins Bates, IBA Task Force on Terrorism, Richard Goldstone, Eugene Cotran, Gijs de Vries, Julia A. Hall, Juan E. Méndez, and Javaid Rehman
- Published in print:
- 2011
- Published Online:
- April 2015
- ISBN:
- 9780199589180
- eISBN:
- 9780191807275
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199589180.001.0001
- Subject:
- Law, Human Rights and Immigration
This book examines the developments in international law and practice in a dynamic and often controversial area. It analyses the operation and application of international law to terrorism and ...
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This book examines the developments in international law and practice in a dynamic and often controversial area. It analyses the operation and application of international law to terrorism and outlines recommendations for reform. It covers developments in the counter-terrorism policies and practice of individual states and international and regional organisations. It also examines the framework of derogations and national security limitations in international human rights law, and clarifies when international humanitarian law applies to terrorism and counter-terrorism. The book provides a global overview of counter-terrorism, including but not restricted to the U.S.-led ‘war on terror’, by considering case law and examples of state practice from all continents. The chapters cover the framework of international conventions against terrorism; international humanitarian law; international human rights law; the investigation and prosecution of terrorist crimes and of international crimes committed in the course of counter-terrorism; reform in counter-terrorism; and victims' right to a remedy and reparations. The book closes with conclusions and recommendations from the IBA Task Force on International Terrorism on areas for reform and focuses on how the international community can ensure respect for human rights and the rule of law when responding to the threat of terrorism.Less
This book examines the developments in international law and practice in a dynamic and often controversial area. It analyses the operation and application of international law to terrorism and outlines recommendations for reform. It covers developments in the counter-terrorism policies and practice of individual states and international and regional organisations. It also examines the framework of derogations and national security limitations in international human rights law, and clarifies when international humanitarian law applies to terrorism and counter-terrorism. The book provides a global overview of counter-terrorism, including but not restricted to the U.S.-led ‘war on terror’, by considering case law and examples of state practice from all continents. The chapters cover the framework of international conventions against terrorism; international humanitarian law; international human rights law; the investigation and prosecution of terrorist crimes and of international crimes committed in the course of counter-terrorism; reform in counter-terrorism; and victims' right to a remedy and reparations. The book closes with conclusions and recommendations from the IBA Task Force on International Terrorism on areas for reform and focuses on how the international community can ensure respect for human rights and the rule of law when responding to the threat of terrorism.
Evelyn Ellis and Philippa Watson
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199698462
- eISBN:
- 9780191745904
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199698462.003.0011
- Subject:
- Law, EU Law, Human Rights and Immigration
In the final chapter conclusions on the present state of equality law are presented. After a brief overview of the evolution of discrimination discussion turns to the pivotal role of the CJEU in the ...
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In the final chapter conclusions on the present state of equality law are presented. After a brief overview of the evolution of discrimination discussion turns to the pivotal role of the CJEU in the development of equal rights. Finally suggestions are made as to how the existing law on non-discrimination and equality can be strengthened.Less
In the final chapter conclusions on the present state of equality law are presented. After a brief overview of the evolution of discrimination discussion turns to the pivotal role of the CJEU in the development of equal rights. Finally suggestions are made as to how the existing law on non-discrimination and equality can be strengthened.
Martin Wählisch
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199685899
- eISBN:
- 9780191765841
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199685899.003.0018
- Subject:
- Law, Public International Law, Human Rights and Immigration
The exact moment when the application of jus post bellum is supposed to begin and end is still under debate. This chapter approaches the question from a human rights perspective, analyzing the ...
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The exact moment when the application of jus post bellum is supposed to begin and end is still under debate. This chapter approaches the question from a human rights perspective, analyzing the practice of international human rights bodies regarding “post”-conflict situations. Elections, the reintegration of militia, security sector reforms, the re-establishment of diplomatic relations, and progressing economic developments have been used as political factors for marking an approaching end of jus post bellum. However, international practice also shows that assessment of the “post” needs to be context specific and varies according to the concrete case at hand. The chapter assesses the ECtHR decision Sejdić and Finci v Bosnia and Herzegovina, recommendations of UN human rights monitoring bodies concerning Lebanon’s post-Civil War confessional power-sharing system, and the transition of Libya after the international military intervention in 2011. The chapter concludes with a synopsis of indicators for defining the temporal scope of jus post bellum.Less
The exact moment when the application of jus post bellum is supposed to begin and end is still under debate. This chapter approaches the question from a human rights perspective, analyzing the practice of international human rights bodies regarding “post”-conflict situations. Elections, the reintegration of militia, security sector reforms, the re-establishment of diplomatic relations, and progressing economic developments have been used as political factors for marking an approaching end of jus post bellum. However, international practice also shows that assessment of the “post” needs to be context specific and varies according to the concrete case at hand. The chapter assesses the ECtHR decision Sejdić and Finci v Bosnia and Herzegovina, recommendations of UN human rights monitoring bodies concerning Lebanon’s post-Civil War confessional power-sharing system, and the transition of Libya after the international military intervention in 2011. The chapter concludes with a synopsis of indicators for defining the temporal scope of jus post bellum.