Human Rights Treaties And Foreign Surveillance
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Human Rights Treaties And Foreign Surveillance
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Author : Marko Milanovic
language : en
Publisher:
Release Date : 2015
Human Rights Treaties And Foreign Surveillance written by Marko Milanovic and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
The 2013 revelations by Edward Snowden of the scope and magnitude of electronic surveillance programs run by the US National Security Agency (NSA) and some of its partners, chief among them the UK Government Communications Headquarters (GCHQ), have provoked intense and ongoing public debate regarding the proper limits of such intelligence activities. Privacy activists decry such programs, especially those involving the mass collection of the data or communications of ordinary individuals across the globe, arguing that they create an inhibiting surveillance climate that diminishes basic freedoms, while government officials justify them as being necessary for the prevention of terrorism. The purpose of this article, however, is not to assess the general propriety or usefulness of surveillance programs or their compliance with relevant domestic law. I do not want to argue that electronic surveillance programs, whether targeted or done on a mass scale, are per se illegal, ineffective or unjustifiable. Rather, what I want to look at is how the legality of such programs would be debated and assessed within the framework of international human rights law, and specifically under the major human rights treaties to which the 'Five Eyes' and other states with sophisticated technological capabilities are parties. In the wake of the UN General Assembly's 2013 resolution on the right to privacy in the digital age, it can be expected that electronic surveillance and related activities will remain on the agenda of UN bodies for years to come, especially since the political relevance of the topic shows no signs of abating. Similarly, cases challenging surveillance on human rights grounds are already pending before domestic and international courts. The discussion has just started, and it will continue at least partly in human rights terms, focusing on the rights and interests of the affected individuals, rather than solely on the interests and sovereignty of states. The primary purpose of this article is to advance this conversation by looking at one specific, threshold issue: whether human rights treaties such as the ICCPR and the ECHR even apply to foreign surveillance. The article will show that while there is much uncertainty in how the existing case law on the jurisdictional threshold issues might apply to foreign surveillance, this uncertainty should not be overestimated - even if it can and is being exploited. The only truly coherent approach to the threshold question of applicability, I will argue, is that human rights treaties should apply to virtually all foreign surveillance activities. That the treaties apply to such activities, however, does not mean that they are necessarily unlawful. Rather, the lawfulness of a given foreign surveillance program is subject to a fact-specific examination on the merits of its compliance with the right to privacy, and in that, I submit, foreign surveillance activities are no different from purely domestic ones.
Extraterritorial Application Of Human Rights Treaties
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Author : Fons Coomans
language : en
Publisher: Intersentia nv
Release Date : 2004
Extraterritorial Application Of Human Rights Treaties written by Fons Coomans and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Exterritoriality categories.
"Whether as a result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders ... This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It points out inconsistencies in the practice of the supervisory bodies of these treaties and discusses the pros and cons of both a restrictive and an expansive approach."--Back cover.
State Sponsored Cyber Surveillance
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Author : Eliza Watt
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-04-30
State Sponsored Cyber Surveillance written by Eliza Watt and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-30 with Law categories.
This insightful book focuses on the application of mass surveillance, its impact upon existing international human rights and the challenges posed by mass surveillance. Through the judicious use of case studies State Sponsored Cyber Surveillance argues for the need to balance security requirements with the protection of fundamental rights.
The Law Of International Human Rights Protection
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Author : Walter Kälin
language : en
Publisher: Oxford University Press, USA
Release Date : 2009
The Law Of International Human Rights Protection written by Walter Kälin and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
Human rights are invoked on many occasions. But are they more than lofty values and abstract principles? This text shows how human rights create legal entitlements for those protected by them and impose obligations on those bound by them.
Do Human Rights Treaties Protect Individuals From Foreign Internet Surveillance
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Author : Natalia Cruz Frickmann
language : en
Publisher:
Release Date : 2014
Do Human Rights Treaties Protect Individuals From Foreign Internet Surveillance written by Natalia Cruz Frickmann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Data protection categories.
International Human Rights Monitoring Mechanisms
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Author : Gudmundur Alfredsson
language : en
Publisher: BRILL
Release Date : 2009-08-18
International Human Rights Monitoring Mechanisms written by Gudmundur Alfredsson and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-18 with Political Science categories.
This revised and updated collection is intended to serve as a thematic textbook on the institutions and procedures devoted to the national implementation of human rights and to the international monitoring of State performance. Albeit not exhaustive, the coverage extends to most of the monitoring instances available at intergovernmental and non-governmental organizations: complaints, fact-finding and investigative procedures, State reporting obligations, good offices actions, dialogue functions, human rights education, dissemination of human rights information, letter campaigns, and technical co-operation. The target audience of the book is students of international human rights law, but the book can also serve as a guide for both officials and activists involved in the realization of human rights.The success of the first edition has allowed for this second edition. It demonstrates that there is a important demand for literature with a focus on human rights monitoring and follow-up activities.
The International Dimension Of Human Rights
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Author : Claudia Martin
language : en
Publisher: Inter-American Development Bank
Release Date : 2001-01-01
The International Dimension Of Human Rights written by Claudia Martin and has been published by Inter-American Development Bank this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-01-01 with Business & Economics categories.
The International Dimension of Human Rights includes extracts of judgments, reports and opinions of international supervisory organs and domestic judicial tribunals, as well as the work of scholars in this subject. This casebook has been divided into seven chapters that deal with the following topics: basic notions of international law; the relationship between international law and domestic law; the right to an effective remedy; the right to liberty and security of persons and the right not to be tortured; the right to a fair trial; economic, social and cultural rights; and other aspects of international protection of human rights, such as the rights of women, the rights of indigenous peoples and environmental rights. The casebook also includes the most relevant international treaties on human rights adopted by the Inter-American, universal and European systems.
Individual Responsibility In International Law For Serious Human Rights Violations
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Author : Lyal S. Sunga
language : en
Publisher: BRILL
Release Date : 2021-09-27
Individual Responsibility In International Law For Serious Human Rights Violations written by Lyal S. Sunga and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.
International Human Rights
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Author : Michael Haas
language : en
Publisher: Routledge
Release Date : 2012-08-06
International Human Rights written by Michael Haas and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-06 with Political Science categories.
This book provides a comprehensive introduction to international human rights: international human rights law, why international human rights have increasingly risen to world prominence, what is being done about violations of human rights, and what might be done to further promote the cause of international human rights so that everyone may one day have their rights respected regardless of who they are or where they live. It explains: how the concept of international human rights has developed over time the variety of types of human rights empirical findings from statistical research on human rights a listing of all international human rights agreements the newest dimensions in the field of human rights (gay rights, animal rights, environmental rights). Richly illustrated throughout with case studies, controversies, court cases, think points, historical examples, biographical statements, and suggestions for further reading, International Human Rights is the ideal introduction for all students of human rights.
The United Nations Convention Against Torture And Its Optional Protocol
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Author : Manfred Nowak
language : en
Publisher: Oxford University Press
Release Date : 2019-12-19
The United Nations Convention Against Torture And Its Optional Protocol written by Manfred Nowak 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 2019-12-19 with Law categories.
The prohibition of torture - the right to physical and mental integrity - is guaranteed in the strongest terms under international law. It is protected as an absolute right, non-derogable even in times of war or public emergency under many human rights treaties and is also generally accepted as a part of customary international law and even ius cogens. The main instrument to combat torture within the framework of the United Nations is the Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT). This Commentary explores the problematic definition of torture in the Convention, the substantive obligations of States parties, the principle of 'non-refoulement', provisions for international monitoring, and also the concept of preventative visits to all places of detention as contained in the Optional Protocol to the CAT. It also covers issues including the distinction between torture and cruel inhuman or degrading treatment and the principle of non-admissibility of evidence extracted under torture. Full article by article commentary on the Convention also provides historical context and thorough analysis of case-law and practice from international and regional courts and monitoring bodies. Relevant case-law from domestic courts are also discussed. Despite the broad ratification and the universal recognition of the prohibition of torture and other forms of ill-treatment we witness a 'global crisis' affecting the majority of countries worldwide. In recent years the protection of human rights is experiencing a particularly serious crisis - also affecting the phenomenon of torture - in which official narratives and public belief often trivialise and even endorse such practices in the name of security and the fight against terrorism, ignoring the suffering and damages it causes. On the other hand, the positive experiences in some States illustrate that torture can be eradicated if the provisions of CAT and OPCAT are taken seriously and are being fully implemented. This is an open access title available under the terms of a CC BY-NC 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.