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). |
Din interiorul cărții
Rezultatele 1 - 5 din 79
... particular, those of Anglo-American doctrine, privileging the didactic and expositive purpose of the subject, focus on the description of the institutional part of the international protection of human rights (conventional systems ...
... particular structure of the obligation, but rather the value, the legal force of resistance and (according to the preferable view) also the hierarchical rank of the norm. Moreover, the notion of jus cogens is more restrictive than that ...
... particular breaches produce an “aggravated” responsibility of the offending State, since they produce some particular legal consequences (Art. 41), which are in addition to the normal consequences of the wrongful act, and which entail ...
... particular, AP I, Art. 75 and AP II, Art. 4. 57Meron (1987), p. 28. 58However, for an interesting case in which the theory of convergence appears to have been applied, see IACtHR, Case of the Santo Domingo Massacre v. Colombia, esp ...
... (2014). 79Shelton (2014a), p. 278. 80See, in particular, the League of Nations Covenant and the Kellogg-Briand Pact of 1928. 81Use of force can be done by the UN, through 38 2 The Impact of Human Rights on International Law.
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 |
Alte ediții - Afișează-le pe toate
International Human Rights Law: Theory and Practice Riccardo Pisillo Mazzeschi Nu există previzualizare disponibilă - 2022 |
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 |