Edited Book On Human Rights State Obligations
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Edited Book On Human Rights State Obligations
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Author : Dr. K. SELVAKUMAR
language : en
Publisher: Institute of Legal Education
Release Date : 2023-07-01
Edited Book On Human Rights State Obligations written by Dr. K. SELVAKUMAR and has been published by Institute of Legal Education this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-01 with Law categories.
ILE Publication House is a publication department of Institute of Legal Education. It furthers the ILE’s objective of excellence in research and publication. Institute of Legal Education is the Largest Academic Publisher with 104 National and International Journals.
Human Rights Obligations Of Non State Actors
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Author : Andrew Clapham
language : en
Publisher: OUP Oxford
Release Date : 2006-03-02
Human Rights Obligations Of Non State Actors written by Andrew Clapham and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-02 with Political Science categories.
The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.
The Positive Obligations Of The State Under The European Convention Of Human Rights
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Author : Dimitris Xenos
language : en
Publisher: Taylor & Francis
Release Date : 2012-04-27
The Positive Obligations Of The State Under The European Convention Of Human Rights written by Dimitris Xenos and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-27 with Law categories.
The system of the European Convention of Human Rights imposes positive obligations on the state to guarantee human rights in circumstances where state agents dot not directly interfere. In addition to the traditional/liberal negative obligation of non-interference, the state must actively protect the human rights of individuals residing within its jurisdiction. The liability of the state in terms of positive obligations induces a freestanding imperative of human rights that changes fundamentally the perception of the role of the state and the participatory ability of the individual, who can now assert their human rights in all circumstances in which they are relevant. In that regard, positive obligations herald the most advanced review of the state’s business ever attempted in international law. The book undertakes a comprehensive study of positive obligations: from establishing the legitimacy of positive obligations within the system of the Convention to their practical implementation at the national level. Analysing in depth legal principles that pervade the whole system of the Convention, a coherent methodological framework of critical stages and parameters is provided to determine the content of positive obligations in a consistent, predictable and realistic manner. This study of the Convention explains and critically analyses the state’s positive obligations, as imposed by the European Court of Human Rights, and sets out original proposals for their future development. The book will be of interest to those who study, research or practice public law, civil rights and liberties or international/European human rights law.
Challenging Territoriality In Human Rights Law
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Author : Wouter Vandenhole
language : en
Publisher: Routledge
Release Date : 2015-06-19
Challenging Territoriality In Human Rights Law written by Wouter Vandenhole and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-19 with Law categories.
Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Interpretations of international human rights treaties tend either to ignore or downplay obligations beyond this ‘territorial space’. This edited volume challenges the territorial bias of mainstream human rights law. It argues that with increased globalisation and the impact of international corporations, organisations and non-State actors, human rights law will become less relevant if it fails to adapt to changing realities in which States are no longer the only leading actor. Bringing together leading scholars in the field, the book explores potential applications of international human rights law in a multi-duty bearer setting. The first part of the book examines the current state of the human rights obligations of foreign States, corporations and international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations and responsibility. The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of foreign States as well as of non-State actors. As a marker of important progress in understanding what lies ahead for integrating foreign States and non-State actors in the human rights dutybearer regime, this book will be of great interest to scholars and practitioners of international human rights law, public international law and international relations.
Direct International Human Rights Obligations Of Non State Actors
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Author : Nicolás Carrillo-Santarelli
language : en
Publisher: Wolf Legal Publishers
Release Date : 2017
Direct International Human Rights Obligations Of Non State Actors written by Nicolás Carrillo-Santarelli and has been published by Wolf Legal Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Humanitarian law categories.
Addressing the reality that non-state actors do violate human rights in practice, which cannot be overlooked, author Nicolas Carrillo-Santarelli argues that the foundations and main principles of international human rights law call for the regulation of direct non-state obligations and responsibilities, given the potential failure of domestic actions and the limits of voluntary strategies. In part I, the author presents his ideas on why non-state abuses should be regarded as human rights violations and wrongful acts. Part II studies why direct protection from non-state violations is possible, and what legal mechanisms and institutions permit to make it effective. The final Chapter turns to the examination of the mechanisms that can be used to respond to or prevent non-state violations of human rights law. This book is based on the idea that the protagonists of human rights law are individuals, who deserve protection from all abusers, be they States, armed groups, international organizations, or other actors. Revised Dissertation. [Subject: Human Rights Law, International Law]
Human Rights Protection In Global Politics
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Author : K. Mills
language : en
Publisher: Springer
Release Date : 2015-01-15
Human Rights Protection In Global Politics written by K. Mills and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-15 with Political Science categories.
This edited book by Mills and Karp brings together political, legal and moral perspectives on the responsibilities of human rights protection in world politics today. It critiques a narrow focus on states' 'violations' of human rights, incorporates non-state actors, and looks beyond the 'Responsibility to Protect' policy framework.
Litigating Transnational Human Rights Obligations
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Author : Mark Gibney
language : en
Publisher: Routledge
Release Date : 2013-10-30
Litigating Transnational Human Rights Obligations written by Mark Gibney and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-30 with Law categories.
Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.
Human Rights Obligations Of Non State Armed Groups
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Author : Daragh Murray
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-05-05
Human Rights Obligations Of Non State Armed Groups written by Daragh Murray and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-05 with Law categories.
This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.
Tracing The Roles Of Soft Law In Human Rights
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Author : Stéphanie Lagoutte
language : en
Publisher: Oxford University Press
Release Date : 2016
Tracing The Roles Of Soft Law In Human Rights written by Stéphanie Lagoutte 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 2016 with Law categories.
Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes.
The Routledge Handbook On Extraterritorial Human Rights Obligations
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Author : Mark Gibney
language : en
Publisher: Routledge
Release Date : 2021-12-24
The Routledge Handbook On Extraterritorial Human Rights Obligations written by Mark Gibney and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-24 with Political Science categories.
The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license