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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... 3.3 General Principles of Law Recognized by Civilized Nations in foro domestico .................................. General Principles of International Law . . . . . . . . . . . . . . . . . . 3.4 Jus cogens .................................
... recognized as such in a given legal system on the basis of a general consensus of the subjects of that system. In the international legal order it will be the consensus of the international community to determine which rights can be ...
... recognized since the early centuries of its develop- ment that States have an obligation to protect aliens who are on their territory or under their jurisdiction from offences relating to their person or property, through preventive and ...
... recognized as legitimate the use of armed force by one or more States when it was necessary to stop the mistreatment of individuals in a foreign State, and when such mistreatment was so brutal and systematic as to offend the conscience ...
... recognized the need to protect workers, since it stated that world peace “can only be established if it is based on social justice”. Article 427 of the Treaty set out a number of more specific objectives with regard to the protection of ...
Cuprins
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47 | |
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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 |
International Human Rights Law: Theory and Practice Riccardo Pisillo Mazzeschi Nu există previzualizare disponibilă - 2021 |