International human rights law : theory and practice
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 books 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)
1 online resource (557 pages)
9783030770327, 303077032X
1272991521
Intro
Preface
Advisory Notice
Contents
Abbreviations
Acronyms
Journals, Periodicals, and Other Sources
Part I: Human Rights in the International Legal System
1: The Foundation and Historical Development of International Human Rights
1.1 Concept and Foundation of Human Rights
1.2 Historical Precedents
1.2.1 Historical Development of Human Rights in National Legal Systems
1.2.2 The Role of the Individual in Classical International Law
1.2.3 Obligation to Protect Aliens and Their Property
1.2.4 Humanitarian Intervention 1.2.5 Treaties Against Slavery and on the Protection of Religious Groups
1.2.6 The Birth of International Humanitarian Law
1.2.7 The League of Nations and the System of Mandates
1.2.8 Protection of Workers
1.2.9 The System for the Protection of Minorities
1.2.10 The Limits of the Above Historical Precedents
1.3 The Turning Point After the Second World War: Human Rights Theory Imposes Itself Internationally
1.4 General Aims of Human Rights
1.4.1 Dignity of the Human Person and Universal Values
1.4.2 The Problem of the Universalism of Human Rights in a Multicultural World 2.3.3.2 Jus Cogens and Fundamental Values
2.3.4 Modernization of the Regime of International Responsibility of States
2.3.4.1 Invocation of Responsibility for Breach of Erga Omnes Obligations
2.3.4.2 Aggravated Responsibility for Breach of Obligations Arising Under Jus Cogens Norms
2.3.4.3 State Responsibility Towards Individuals and Individual Right to Reparation
2.3.5 The Relationship Between International Law and Domestic Law: Towards Ever Greater Harmonization and Integration Between ... 2.3.6 Influence of International Human Rights Law on International Sources and Obligations (Cross-Reference)
2.4 Impact of Human Rights on Specific Areas of International Law
2.4.1 International Humanitarian Law
2.4.2 International Criminal Law
2.4.3 Use of Force, Humanitarian Intervention and ``Responsibility to Protect ́́
2.4.4 Other Areas Influenced by Human Rights Theory
References
Part II: International Sources
3: General International Law
3.1 Customary Law
3.1.1 A Modern Concept of Custom in the Field of Human Rights
3.1.2 The Role of Human Rights Treaties in the Formation of Custom
"Revised and updated translation of the Italian language edition."