The U.N. Convention on Torture and the Prospects for Enforcement

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Martinus Nijhoff Publishers, 29 apr. 1999 - 366 pagini
This text assesses the suitability of the UN Convention against torture and other cruel, inhuman or degrading treatment or punishment (hereinafter referred to as the Torture Convention) as a means of protecting and enforcing the right to be free from torture. Evaluation of the Convention's ability to attain these ends is undertaken through a critical commentary on its substantive and enforcement provisions and on other human rights instruments.

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Cuprins

The Scope of the Torture Convention
1
General Description
9
The Overbreadth of the Definition of Torture
36
The Scope of Article 2
43
The Territorial Application of the Convention
74
Due Obedience to Orders in Mitigation of Punishment
83
The Problems of Enforcement of Human
89
U N Action by Way of Enforcement
138
The Question of the Effectiveness of the Provisions of Articles
232
The Nature and Composition of the International Machinery
238
The Functions of the Committee Against Torture
252
The Potential of the Committee Against Torture
293
BIBLIOGRAPHY
305
Awards Decisions and Judgements of International and National
313
Official Publications
325
International Treaties Conventions and Other Instruments
338

The Effect of Article 2 of the U N Charter and the Declaration
170
The MultiState Jurisdiction Under Article 5 of the Torture
177
The Aut Dedere Aut Judicare Formula Under Article 7 of
206

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