International Human Rights Law: Theory and PracticeSpringer Nature, 29 sept. 2021 - 544 pagini This textbook provides a thorough and systematic overview of human rights law, including the most relevant practice and case law, but also dealing with theoretical issues. It pursues an original approach, seeking to reconcile its didactic purpose with a scientific one, positing that there must be a necessary synergy between these two purposes. Furthermore, the author is convinced that international human rights law should not be studied (as is done in virtually every textbook) as a special legal regime, separate and autonomous from the overall system of international law; but as a regime that is fully integrated into the international legal order. The book’s dominant theme is the interrelationship of international human rights law and general international law. Following this approach, the author has chosen to devote comparatively little content to institutional issues (Part IV) and to instead more intensively explore the structural impact of human rights law on the entire international order (Part I); on the sources (Part II) and obligations (Part III) of general international law; and what constitutes “fundamental” human rights (Part V), without neglecting other rights (Part VI). |
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... Finally, the third motivation for this book is linked to my general conception of international law, from the point of view of the theory of law. The volume is the result of refiections I have been doing for a couple of decades on human ...
... Finally, French documents include the Declaration of Human and Citizen's Rights. 4See below, Sects. 1.4 and 13.1–13.3. 5This contrast evokes, mutatis mutandis, the image of the State as Leviathan. See Hobbes (1651). 6Art. 1: “[...] all ...
... Finally, the Western Powers, at the San Francisco Conference in 1945, created the United Nations, entrusting it with the promotion and protection of human rights as an important part of its mandate. The basic idea was to develop human ...
... Finally, a question has recently arisen concerning the standing of a State other than the injured State to claim a breach of an obligation erga omnes before an international court or tribunal.28 Of course, the issue is simple when there ...
... Finally, the theory of human rights, in my view, has also contributed to modify, at least partially, another distinctive element of the traditional notion of international law: that relating to its autonomy, resulting from a clear and ...
Cuprins
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4 Treaties | 64 |
5 Sources Envisaged in International Treaties | 111 |
6 Soft Law | 119 |
Part III International Obligations | 123 |
15 Protection of Basic Needs and Subsistence Rights of the Person | 309 |
16 Protection of Liberty and Security of the Person | 329 |
17 Essential Judicial Protection of the Person | 342 |
18 Protection of the Essential Identity of the Person | 373 |
19 Protection of the Will and Identity of Peoples | 387 |
Part VI Other Human Rights | 395 |
20 Protection of Private and Family Life | 396 |
21 Protection of Intellectual and Cultural Activities | 405 |
7 Personal Scope of Obligations | 125 |
8 Content and Nature of the Obligations Various Categories and Their Validity | 134 |
9 Spatial Scope of Obligations | 155 |
Part IV Conventional Human Rights Systems Treaties Organs and Procedures | 177 |
10 The United Nations System | 178 |
11 The European System of Human Rights | 211 |
12 Other Regional Human Rights Systems | 225 |
Part V Fundamental ́ ́ Human Rights | 235 |
13 Distinctions Between Human Rights Categories | 237 |
14 Protection of Life and Physical Integrity of the Person | 253 |
22 Protection of Political Activities | 423 |
23 Protection of Economic Activities | 432 |
24 Protection of Freedom of Movement | 445 |
25 Collective Human Rights and Political Objectives of the International Community | 473 |
1 Websites | 503 |
2 Table of Cases | 505 |
3 Table of TreatyBodies ́ Comments and Recommendations | 527 |
Selective Bibliography | 530 |
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International Human Rights Law: Theory and Practice Riccardo Pisillo Mazzeschi Nu există previzualizare disponibilă - 2021 |