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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... considered that students do not need to receive much information and detailed descriptions, which they can easily find on the Internet and which they soon tend to forget, but rather to refiect on concepts, theories, and systematic ...
... considered a “human right” when it corresponds to human nature, that is, to the reason and will typical of the human species. This view has a basic naturalistic law approach and has the disadvantage of leaving a margin of subjectivity ...
... considered only as a possible “de facto beneficiary” of this obligation. Therefore, when the foreign individual suffered a violation of this obligation of protection by the territorial State, only the nation-State. 9Art. 1: “Men are born ...
... considered as human beings to be protected as such, and therefore also from their own nation-State. Therefore, the issue of human rights, as a whole, becomes a central issue on the international scene. The most important reason for this ...
... considered as an object of State sovereignty, but considered in him or herself, as a human person, and tends to assume an increasingly important and central role in the life of the interna- tional community. In this sense too, the ...
Cuprins
3 | |
17 | |
47 | |
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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International Human Rights Law. Theory and Practice Riccardo Pisillo Mazzeschi Nu există previzualizare disponibilă - 2021 |
International Human Rights Law: Theory and Practice Riccardo Pisillo Mazzeschi Nu există previzualizare disponibilă - 2021 |