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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... require a rational justification and legal basis. But even this view lends itself to different subjective interpretations by different groups of States with different traditions, religions and cultures. The third theory, in my view the ...
... requires, in addition, a “special juridical interest” of the claimant State30 or a particular “jurisdictional link” between the two States31? The question has been brought before the International Court of Justice in the Belgium v ...
... requires a review of at least certain aspects of the traditional dualist conception, because some of the differences indicated above between the two legal systems have disappeared and others are becoming much smaller.46 First of all ...
... requires two constitutive elements for the formation of a customary norm: the practice of States (so-called diuturnitas) and the conviction of States that this practice is legally binding (so-called opinio juris). 1In fact, I think that ...
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Cuprins
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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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