The Law of International Human Rights Protection

Cover
OUP Oxford, 18.06.2009 - 592 Seiten
Human rights are invoked on many occasions. But are they more than lofty values and abstract principles? In providing a concise but comprehensive overview of international human rights protection at the global and regional levels, this book offers an introduction to the ideas, conceptual underpinnings, and doctrine of international human rights law including the sources, legal nature, and scope of application of human rights obligations. The issues of implementation and enforceability at the domestic, regional, and universal level are explored, and the impact of the recently established Human Rights Council is assessed. The substantive guarantees covering economic, social, and cultural as well as civil and political rights based on the case law of UN treaty bodies and relevant regional courts are evaluated. This book shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. It explores the various mechanisms set up by the international community to monitor the implementation of human rights guarantees and to decide individual cases brought to the attention of human rights courts and quasi-judicial bodies at the international level. Its last part contains a detailed exploration of the meanings of human rights guarantees, such as the right to life, the prohibition of torture, non-discrimination, economic rights, and many others.
 

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Inhalt

THE FOUNDATIONS OF INTERNATIONAL HUMAN
i
Table of Cases
iv
Table of Other Materials
xxx
List of Tables
xxxix
Origins and Universality
xlix
International crimes having customary status
xcix
Do international organizations have human rights obligations?
lxxi
Notions and Sources 3 The Legal NatureofHuman Rights Obligations
cv
the Consequences 1 Recognition
iv
Economic Socialand
iv
Individual complaints to the European Court of Human Rights
iv
Assessment
iv
towardsuniversality
v
International HumanitarianLaw asLexSpecialis
i
Prohibitionof Illtreatmentand
iii
International criminal law II Treaty Law astheMain Source of Human RightsGuarantees 1 The Charter oftheUnited Nations 2 Universal human rights ...
iv

Scope of Application
cviii
The NationalOriginsof
i
Territorial scope of application
ii
Territorial Scope of Application
iii
6
iii
Decentralized implementation
x
Precursors of International Human Rights Protection
ii
Temporal Scopeof Application 1 Denunciation
iv
Summary
iv
Basic Principles 7 Treaty Bodies 8 Charter Based Bodies III SUBSTANTIVE GUARANTEES
iv
Protection of PrivateLife
iii
Protection of the Intellectual and Spiritual Sphere
iii
Protection of the Human Person in the Economic Sphere
x
Protection of Persons DeprivedoftheirLiberty andFairTrial
cx
ProtectionDuring Migration Forced Displacement and Flight
cxxvii
precondition for the application
cxli
Select Bibliography
cli
international humanitarianlaw
cliv
Index
clxx
Conventions and their Additional
4

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Autoren-Profil (2009)

Walter Kälin is Professor of Constitutional and International Law at the Faculty of Law, University of Bern, and a former Dean of the Faculty and Head of the Legal Department. Since 2004 he has been Representative of the UN Secretary General on the Human Rights of Internally Displaced Persons, from 2003-2008 he was a Member of the UN Human Rights Committee, and in 1991-92 was Special Rapporteur of the UN Commission on Human Rights on the Situation of Human Rights in Kuwait under Iraqi Occupation.; ·Jörg Künzli is Assistant Professor of Public International and Constitutional Law at the Faculty of Law, University of Bern.

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