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The International Human Rights Legal System

Emilie M. Hafner-Burton

in Making Human Rights a Reality

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.003.0004
Subject:
Law, EU Law

This chapter provides an overview of the most important nuts and bolts of the international human rights legal system, which generally resides within the structures of the United Nations. It first ... More


Practitioner Perspectives

Emilie M. Hafner-Burton

in Making Human Rights a Reality

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.003.0006
Subject:
Law, EU Law

This chapter considers the experiences of practitioners who work inside and around the international human rights legal system. Those insider views—many of them from lawyers who have one foot in ... More


Religious Liberty in International Human Rights Law

Kristine Kalanges

in Religious Liberty in Western and Islamic Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199859467
eISBN:
9780199933518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859467.003.0003
Subject:
Law, Public International Law, Comparative Law

Freedom of religion did not become a legal reality until the modern era (e.g., through the First Amendment), and even as late as the Second World War, one global study declared a total absence of “a ... More


The Problem of Human Rights

Emilie M. Hafner-Burton

in Making Human Rights a Reality

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.003.0001
Subject:
Law, EU Law

This book examines whether more international legal instruments and procedures would be helpful while probing the actions that states can take in tandem to the large and increasingly elaborate ... More


The United Nations and Humanitarian Intervention

Sir Adam Roberts

in Humanitarian Intervention and International Relations

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199267217
eISBN:
9780191601118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199267219.003.0005
Subject:
Political Science, International Relations and Politics

Demonstrates that the United Nations has been at the centre of key field operations and policy debates relating to humanitarian intervention since the end of the Cold War. However, the issue of ... More


Scholarly Perspectives

Emilie M. Hafner-Burton

in Making Human Rights a Reality

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.003.0005
Subject:
Law, EU Law

This chapter reviews scholarly research on international human rights law, focusing on systematic studies that are based on historical statistics and carried out by social scientists. The systematic, ... More


System Reform

Emilie M. Hafner-Burton

in Making Human Rights a Reality

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.003.0007
Subject:
Law, EU Law

This chapter considers areas where reforms could make the international human rights legal system more effective and influential. In particular, it examines just what kinds of reforms are achievable ... More


Making Human Rights a Reality

Emilie M. Hafner-Burton

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.001.0001
Subject:
Law, EU Law

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many ... More


Completing the Picture: International Human Rights Law in Non-International Armed Conflicts

Emily Crawford

in The Treatment of Combatants and Insurgents under the Law of Armed Conflict

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578962
eISBN:
9780191722608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578962.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks to the law of international human rights, which provides further rules regarding the treatment of persons deprived of their liberty in relation to a non-international armed ... More


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

Magdalena Forowicz

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592678
eISBN:
9780191595646
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592678.001.0001
Subject:
Law, Human Rights and Immigration

This book provides an overview of the reception of international law in the case law of the European Commission on Human Rights (ECommHR) and the European Court of Human Rights (ECtHR). It evaluates ... More


Triage

Emilie M. Hafner-Burton

in Making Human Rights a Reality

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.003.0011
Subject:
Law, EU Law

This chapter advocates a process called “triage” for resource allocation that requires investing more heavily in areas where the evidence indicates that human rights promotion is most likely to work. ... More


Grounds of International Human Rights

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0006
Subject:
Philosophy, General

This chapter explains the grounds of international human rights. Their material grounds are primarily texts such as human rights conventions, General Assembly resolutions, committee reports, or ... More


The Right to Have Rights: Citizenship, Humanity, and International Law

Alison Kesby

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600823
eISBN:
9780191738272
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600823.001.0001
Subject:
Law, Public International Law

Writing in the immediate aftermath of the Second World War, the political theorist Hannah Arendt argued that the plight of stateless people in the inter-war period pointed to the existence of a ... More


States’ Obligations Towards Refugees

Agnès Hurwitz

in The Collective Responsibility of States to Protect Refugees

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199278381
eISBN:
9780191706998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278381.003.0006
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter argues that safe third country mechanisms are not satisfactory from the perspective of refugee protection. The analysis of the non-refoulement principle under international refugee and ... More


Truth, Justice, Memory, and Democratization in the Southern Cone

Alexandra Barahona de Brito

in The Politics of Memory and Democratization

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199240906
eISBN:
9780191598869
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199240906.003.0005
Subject:
Political Science, Democratization

This chapter examines how Argentina, Brazil, Uruguay and Chile fared with truth and justice policies after the transition from authoritarian rule, looking at the issue from an institutional and ... More


Moral Dimensions of Human Rights Documents

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0004
Subject:
Philosophy, General

This chapter explains how the most important global human rights documents presuppose the existence of moral human rights. This is especially true of the Universal Declaration of Human Rights and the ... More


The Nature of International Human Rights

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0005
Subject:
Philosophy, General

This chapter explains the nature of international human rights, human rights recognized in international law. Although most of them are claim-rights, some are liberty-rights, power-rights, or ... More


The Margin of Appreciation in International Human Rights Law: Deference and Proportionality

Andrew Legg

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199650453
eISBN:
9780191741173
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199650453.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is ... More


Final Report on the Impact of International Human Rights Law on General International Law

Menno T. Kamminga

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins with a brief explanation of the approach used by the Committee on International Human Rights Law and Practice in preparing their report on the relationship between general ... More


 Reforming for Development and Profits

Louis T. Wells

in Making Foreign Investment Safe: Property Rights and National Sovereignty

Published in print:
2007
Published Online:
May 2007
ISBN:
9780195310627
eISBN:
9780199783847
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195310627.003.0018
Subject:
Economics and Finance, International

The case studies in Indonesia shed some light on the important question of who should build and own infrastructure in emerging markets. Moreover, the stories raise serious doubts about whether the ... More


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