The International Law Of Human Rights And States Of Exception
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The International Law Of Human Rights And States Of Exception
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Author : Anna-Lena Svensson-McCarthy
language : en
Publisher: BRILL
Release Date : 2021-09-27
The International Law Of Human Rights And States Of Exception written by Anna-Lena Svensson-McCarthy 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.
This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.
States Of Exception
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Author : Costas Douzinas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-12-11
States Of Exception written by Costas Douzinas 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 2023-12-11 with Law categories.
Considering the major crises Europe has faced over the last three decades, this unique book offers a multidisciplinary examination of the ways in which law, human rights and politics have evolved and were affected by recent emergencies.
States Of Exception Or Exceptional States
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Author : Simon Mabon
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-07-14
States Of Exception Or Exceptional States written by Simon Mabon and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-14 with Political Science categories.
This book explores the application of the work of the philosopher Giorgio Agamben to the post-Arab Uprisings in the Middle East, considering the evolution of regime-society relations that ultimately erupted in violence in the early months of 2011. Agamben's ideas of the state of exception and bare life provide important intellectual tools to understand the nature of sovereignty and the regulation of life, which has largely been missing in the study of the region. Filling a theoretical and empirical gap by exploring the concept of the 'state of exception' via a multidisciplinary approach, Simon Mabon, Sanaa Alsarghali and contributors in the fields of political science, law and philosophy offer a unique set of perspectives analysing how politics and law combine to facilitate the misuse of executive powers.
Human Rights In Crisis
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Author : Joan M. Fitzpatrick
language : en
Publisher: University of Pennsylvania Press
Release Date : 2018-01-15
Human Rights In Crisis written by Joan M. Fitzpatrick and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-15 with Political Science categories.
Recent events in South America, central Europe, Africa, and Russia have again brought to the world's attention the complex interrelationship between states of emergency and the preservation of fundamental human rights. In Human Rights in Crisis, Joan Fitzpatrick offers the first systematic and comprehensive effort to examine the multifaceted system for monitoring human rights abuses under "states of exception." Unlike previous studies, this book does not focus on substantive norms governing crises, but rather on how those norms might best be implemented. Building upon her six-year study for the International Law Association, the author confronts the difficulties in defining a coherent concept of emergency, particularly the various forms of de facto emergencies that have been relatively neglected by international monitors. She also profiles and carefully critiques the numerous international bodies that have monitored human rights abuses during states of exception. These bodies include not only the treaty organs of the United Nations, the Council of Europe, and the Organization of American States but also the political organs of the United Nations (especially the Commission on Human Rights), the International Labor Organization, and the emerging structures of the Conference on Security and Cooperation in Europe.
State Of Exception
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Author : Giorgio Agamben
language : en
Publisher: University of Chicago Press
Release Date : 2008-07-18
State Of Exception written by Giorgio Agamben and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-18 with Philosophy categories.
Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.
Empire Emergency And International Law
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Author : John Reynolds
language : en
Publisher: Cambridge University Press
Release Date : 2017-08-10
Empire Emergency And International Law written by John Reynolds 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 2017-08-10 with Law categories.
This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.
States Of Exception In American History
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Author : Gary Gerstle
language : en
Publisher: University of Chicago Press
Release Date : 2020-10-19
States Of Exception In American History written by Gary Gerstle and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-19 with History categories.
States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.
Sovereign Immunity Under Pressure
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Author : Régis Bismuth
language : en
Publisher: Springer Nature
Release Date : 2022-01-19
Sovereign Immunity Under Pressure written by Régis Bismuth and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-19 with Law categories.
This book offers a critical analysis of current challenges and developments of the State immunity regime through three dimensions: it looks at State immunity from a comparative perspective; it discusses the major trends relating to the interplay between State immunity and the protection of human rights as well as counter-terrorism; and it examines the relationship between State immunity and the financial obligations of States. Part I, Sovereign Immunity from a Comparative Perspective: Weak v. Strong Immunity Regimes, deals with the diversity of existing regimes of State immunity at the national level. This part aims to explore different approaches of particular states to sovereign immunity and their general attitude to international law, and attempts to understand why some States favour a weaker State immunity regime by multiplying exceptions or interpreting them broadly, while others continuously support a stronger one and sometimes rely on the doctrine of absolute immunity. Part II, International Customary Law of Sovereign Immunity, Human Rights and Counter-Terrorism, highlights how human rights and counter-terrorism have shaped the law and practice of sovereign immunity. This part specifically discusses the role of national legislators and judges in the development of international law, emerging conflicts between national constitutional norms and the rules of international law concerning State immunity and human rights, and possible ways of their reconciliation. Part III, Sovereign Immunity of States and their Financial Obligations, contributes to on-going debates related to the mixed and complex nature of States’ financial obligations. In this part, authors elaborate on perceptions of the underlying public-private law divide, cross influences in public and private international law and their consequences for State immunity, as well as recent trends relating to immunity from execution.
Human Rights And World Public Order
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Author : Myres S. McDougal
language : en
Publisher: Oxford University Press, USA
Release Date : 2018-12-14
Human Rights And World Public Order written by Myres S. McDougal 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 2018-12-14 with Law categories.
In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period. Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.
Exceptions In International Law
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Author : Lorand Bartels
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-06-18
Exceptions In International Law written by Lorand Bartels 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 2020-06-18 with Law categories.
Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.