International Human Rights Law: Theory and Practice

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Springer 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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Cuprins

1 The Foundation and Historical Development of International Human Rights
3
2 The Impact of Human Rights on International Law
17
Part II International Sources
47
3 General International Law
49
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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Despre autor (2021)

Prof. Dr. Pisillo Mazzeschi is Professor Emeritus of International Law and Director of the Inter-University Centre for Human Rights and Immigration Law at the University of Siena


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