Can The United Nations Human Rights Committee Evolve Into An Effective Court Of Human Rights
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Can The United Nations Human Rights Committee Evolve Into An Effective Court Of Human Rights
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Author : Frederic Bostedt
language : en
Publisher: GRIN Verlag
Release Date : 2007-07
Can The United Nations Human Rights Committee Evolve Into An Effective Court Of Human Rights written by Frederic Bostedt and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07 with categories.
Master's Thesis from the year 2003 in the subject Law - European and International Law, Intellectual Properties, grade: A, Victoria University of Wellington (Victoria Law School), course: International Law, 60 entries in the bibliography, language: English, abstract: The United Nations Human Rights Committee, established under the International Covenant of Civil and Political Rights, has the power to examine individual complaints on alleged human rights violations. It is noted, however, that the Committee lacks important powers to be as effective as the regional human rights courts in Europe and the Americas. The paper assesses the effectiveness of the Committee by means of a comparative analysis. The comparison takes place within four criteria that are essential in an assessment of a court's effectiveness: the visibility of the court in the public domain, the adoption of interim measures to hinder the aggravation of the violation, the fact-finding capacity of the court, and the enforcement of the final decisions and the follow-ups thereto. The paper argues that despite the statutory deficiencies of the Covenant and the Optional Protocol, the Committee can be as effective as the regional courts even without an amendment to these instruments. This would be possible if the Committee successfully argues for a binding nature of its interim measures; further, it can overcome the lack of its independent fact-finding capacity through a - thoroughly argued - reversal of burden of proof. If it could also augment its own visibility and the publicity of its decisions, the Committee will finally enhance states' compliance with its final, non-legally binding 'views'. The Committee may welll be able to become as effective as the regional courts of human rights, and could in fact evolve into an effective 'court' of human rights on a global level.
Can The United Nations Human Rights Committee Evolve Into An Effective Court Of Human Rights
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Author : Frederic Bostedt
language : en
Publisher: GRIN Verlag
Release Date : 2007-05-04
Can The United Nations Human Rights Committee Evolve Into An Effective Court Of Human Rights written by Frederic Bostedt and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-04 with Law categories.
Master's Thesis from the year 2003 in the subject Law - European and International Law, Intellectual Properties, grade: A, Victoria University of Wellington (Victoria Law School), course: International Law, language: English, abstract: The United Nations Human Rights Committee, established under the International Covenant of Civil and Political Rights, has the power to examine individual complaints on alleged human rights violations. It is noted, however, that the Committee lacks important powers to be as effective as the regional human rights courts in Europe and the Americas. The paper assesses the effectiveness of the Committee by means of a comparative analysis. The comparison takes place within four criteria that are essential in an assessment of a court’s effectiveness: the visibility of the court in the public domain, the adoption of interim measures to hinder the aggravation of the violation, the fact-finding capacity of the court, and the enforcement of the final decisions and the follow-ups thereto. The paper argues that despite the statutory deficiencies of the Covenant and the Optional Protocol, the Committee can be as effective as the regional courts even without an amendment to these instruments. This would be possible if the Committee successfully argues for a binding nature of its interim measures; further, it can overcome the lack of its independent fact-finding capacity through a – thoroughly argued – reversal of burden of proof. If it could also augment its own visibility and the publicity of its decisions, the Committee will finally enhance states’ compliance with its final, non-legally binding ‘views’. The Committee may welll be able to become as effective as the regional courts of human rights, and could in fact evolve into an effective ‘court’ of human rights on a global level.
Un Human Rights Treaty Bodies
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Author : Leena Grover
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-16
Un Human Rights Treaty Bodies written by Leena Grover and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-16 with Law categories.
An analysis of the UN human rights treaty bodies, their methods of interpretation, their effectiveness and issues of legitimacy.
A World Court Of Human Rights
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Author : Julia Kozma
language : en
Publisher:
Release Date : 2010
A World Court Of Human Rights written by Julia Kozma and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Human rights categories.
Failing To Protect
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Author : Rosa Freedman
language : en
Publisher: Oxford University Press
Release Date : 2015
Failing To Protect written by Rosa Freedman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Every year tens of millions of individuals suffer grave abuses of their human rights. These violations occur worldwide, in war-torn countries and in the wealthiest states. Despite many of the abuses being well-documented, little seems to be done to stop them from happening. The United Nations was established to safeguard world peace and security, development, and human rights yet it is undeniable that currently is it failing to protect the rights of a great many people from the victims of ethnic cleansing, to migrants, those displaced by war and women who suffer horrendous abuse. This book looks at the reasons for that failure. Using concrete examples intertwined with explanations of the law and politics of the UN, Rosa Freedman offers clear explanations of how and why the Organisation is unable, at best, or unwilling, at worst, to protect human rights. Written for a non-specialist audience, her book also seeks to explain why certain countries and political blocs manipulate and undermine the UN s human rights machinery. Failing to Protect demonstrates the urgent need for radical reform of the machinery of human rights protection at the international level.
The Universal Declaration Of Human Rights In The 21st Century
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Author : Gordon Brown
language : en
Publisher: Open Book Publishers
Release Date : 2016-04-18
The Universal Declaration Of Human Rights In The 21st Century written by Gordon Brown and has been published by Open Book Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-18 with Political Science categories.
The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.
Human Rights Translated
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Author : Castan Centre for Human Rights Law
language : en
Publisher: United Nations Publications
Release Date : 2008
Human Rights Translated written by Castan Centre for Human Rights Law and has been published by United Nations Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Business & Economics categories.
"The purpose of this publication is to contribute to [the] process of clarification by explaining universally recognised human rights in a way that makes sense to business. The publication also aims to illustrate, through the use of case studies and actions, how human rights are relevant in a corporate context and how human rights issues can be managed."--Introduction, p. vii.
The United Nations And Human Rights
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Author : Frédéric Mégret
language : en
Publisher: OUP Oxford
Release Date : 2020-03-19
The United Nations And Human Rights written by Frédéric Mégret and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-19 with Political Science categories.
The very concept of human rights implies governmental accountability. To ensure that governments are indeed held accountable for their treatment of citizens and others the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Indeed, there is much doubt as to the effectiveness of much of the UN's human rights efforts but also about what direction it should take. Inevitable instances of politicization and the hostile, or at best ambivalent, attitude of most governments, has at times endangered the fragile progress made on the more technical fronts. At the same time, technical efforts cannot dispense with the complex politics of actualizing the promise of human rights at and through the UN. In addition to significant actual and potential problems of duplication, overlapping and inconsistent approaches, there are major problems of under-funding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. These essays critically examine the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN's human rights machinery, as illustrated most notably by the creation of the Human Rights Council to replace the Commission on Human Rights. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.
Legitimacy And International Courts
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Author : Harlan Grant Cohen
language : en
Publisher: Cambridge University Press
Release Date : 2018-02-22
Legitimacy And International Courts written by Harlan Grant Cohen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-22 with Law categories.
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
Guiding Principles On Business And Human Rights
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Author : United Nations. Office of the High Commissioner for Human Rights
language : en
Publisher:
Release Date : 2011
Guiding Principles On Business And Human Rights written by United Nations. Office of the High Commissioner for Human Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Political Science categories.
"This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.