Urgency And Human Rights
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| Author | : Eva Rieter |
| Publisher | : Springer Nature |
| Total Pages | : 319 |
| Release | : 2020-11-21 |
| Genre | : Law |
| ISBN | : 9462654158 |
This book deals with urgency and human rights. ‘Urgent’ is a word often used, in very different contexts. Yet together with a reference to human rights violations, it likely triggers images of people caught up in armed conflict, facing terror from either the state, gangs, paramilitaries, or terrorists. Or of people fleeing terror and facing walls, fences or seas, at risk of being returned to terror, or ignored, neglected, abused, deprived of access to justice and basic facilities, facing death, torture and cruel treatment. Here these both ongoing and expected violations are explored in the context of (quasi-)judicial proceedings as international tribunals and domestic courts are increasingly called upon to order interim measures or accelerate proceedings in such cases. This edited volume concerns the protective potential of interim measures in international human rights cases and the legitimacy of their use and discusses obstacles to their persuasive use, to clarify how their legitimacy and protective potential could be enhanced in the context of concrete legal cases. Examining this is especially pressing when courts and (quasi-)judicial bodies have used interim measures in response to requests by individuals and organisations in the context of issues that are unpopular with governments and/or controversial within society, which has led states to at times employ political pressure to limit their use. Urgency and human rights are discussed from the vantage point of various practitioners and scholars, with the aim of identifying how interim measures could be legitimate and protective and to single out obstacles to their implementation. Drawing from practices developed in various international and regional adjudicatory systems, the contributors provide their perspectives on the legitimacy and/or the protective potential of interim measures and other (quasi-)judicial proceedings in urgent human rights cases. There is considerable discussion about how interim measures can be legitimate and well-functioning tools to address urgent human rights cases. This book aims to contribute to the ongoing discussion in this respect. Dr. Eva Rieter is senior researcher and lecturer public international law and human rights law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands. Dr. Karin Zwaan is associate professor in the Department of Migration Law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands.
| Author | : Amanda H. Lynch |
| Publisher | : MIT Press |
| Total Pages | : 252 |
| Release | : 2018-11-13 |
| Genre | : Political Science |
| ISBN | : 0262038706 |
A proposal to reframe the Anthropocene as an age of actual and emerging coexistence with earth system variability, encompassing both human dignity and environmental sustainability. Is this the Anthropocene, the age in which humans have become a geological force, leaving indelible signs of their activities on the earth? The narrative of the Anthropocene so far is characterized by extremes, emergencies, and exceptions—a tale of apocalypse by our own hands. The sense of ongoing crisis emboldens policy and governance responses that challenge established systems of sovereignty and law. The once unacceptable—geoengineering technology, for example, or authoritarian decision making—are now anticipated and even demanded by some. To counter this, Amanda Lynch and Siri Veland propose a reframing of the Anthropocene—seeing it not as a race against catastrophe but as an age of emerging coexistence with earth system variability. Lynch and Veland examine the interplay between our new state of ostensible urgency and the means by which this urgency is identified and addressed. They examine how societies, including Indigenous societies, have understood such interplays; explore how extreme weather and climate weave into the Anthropocene narrative; consider the tension between the short time scale of disasters and the longer time scale of sustainability; and discuss both international and national approaches to Anthropocene governance. Finally, they argue for an Anthropocene of coexistence that embraces both human dignity and sustainability.
| Author | : Daniel Fischlin |
| Publisher | : Duke University Press |
| Total Pages | : 327 |
| Release | : 2013-06-14 |
| Genre | : Music |
| ISBN | : 0822354780 |
The Fierce Urgency of Now links musical improvisation to struggles for social change, focusing on the connections between the improvisation associated with jazz and the dynamics of human rights struggles and discourses. The authors acknowledge that at first glance improvisation and rights seem to belong to incommensurable areas of human endeavor. Improvisation connotes practices that are spontaneous, personal, local, immediate, expressive, ephemeral, and even accidental, while rights refer to formal standards of acceptable human conduct, rules that are permanent, impersonal, universal, abstract, and inflexible. Yet the authors not only suggest that improvisation and rights can be connected; they insist that they must be connected. Improvisation is the creation and development of new, unexpected, and productive cocreative relations among people. It cultivates the capacity to discern elements of possibility, potential, hope, and promise where none are readily apparent. Improvisers work with the tools they have in the arenas that are open to them. Proceeding without a written score or script, they collaborate to envision and enact something new, to enrich their experience in the world by acting on it and changing it. By analyzing the dynamics of particular artistic improvisations, mostly by contemporary American jazz musicians, the authors reveal improvisation as a viable and urgently needed model for social change. In the process, they rethink politics, music, and the connections between them.
| Author | : Eva R. Rieter |
| Publisher | : |
| Total Pages | : 1282 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : |
International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, destruction of the natural habitat, or to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators the traditional concept of provisional measures has undergone a process of humanisation. This book addresses the question how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet this book analyses their (best) practices and obstacles, determines the underlying rationale for their use of provisional measures and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity on what belongs to the core of the concept, and on what does not belong to the concept at all, enhances the persuasive force of provisional measures. The practices of the international adjudicators made accessible in this book may prove useful in the ongoing cross-fertilization occurring among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs as well as international institutions to address more effectively urgent human rights cases. About this book: 'Rieter's book is a very worthwhile and sorely needed reference. Overall, the book provides a comprehensive and organized explanation of provisional measures and the bodies that may issue them. Its most important contribution is found in the middle chapters addressing the various situations and kinds of harm previously addressed by human rights tribunals when granting provisional measures, although the practical suggestions to human rights tribunals are also surely welcome. Researchers, human rights defenders and the tribunals themselves will find much in Rieter's volume to strengthen and enrich their work. Ideally, the information it contains will contribute not only to better understanding of provisional measures, but also to coherence in, and progressive development of, this area of the law.' X on internationalhumanrightslaw.org (2010))
| Author | : Pablo Gilabert |
| Publisher | : Oxford University Press |
| Total Pages | : 362 |
| Release | : 2018-11-08 |
| Genre | : Philosophy |
| ISBN | : 0192562134 |
Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first.
| Author | : Charles R. Beitz |
| Publisher | : Oxford University Press |
| Total Pages | : 250 |
| Release | : 2011-07-28 |
| Genre | : Law |
| ISBN | : 0199604371 |
Human rights have become one of the most important moral concepts in global political life over the last 60 years. Charles Beitz, one of the world's leading philosophers, offers a compelling new examination of the idea of a human right.
| Author | : Elena Fierro |
| Publisher | : BRILL |
| Total Pages | : 448 |
| Release | : 2021-10-18 |
| Genre | : Law |
| ISBN | : 9004481559 |
Human rights in the external relations of the EU may manifest itself in different manners; one of them is the conditionality policy that the EU applies to third countries. This study intends to explore the modalities of this conditionality policy, as well as its nature and reach. It also analyzes how the policy could be improved and be made more coherent and effective. The point of departure is the division made between two modes of conditionality: ex ante and ex post. In the first case the EU issues conditions, which must be fulfilled before the negotiation or conclusion of a given agreement or an action with a view to strengthening the relations. The second case, conditionality ex post , is when conditions are allready part of an agreement or an established relation. The so-called human rights clause, or democratic clause, incarnates the second modality. This study explores both types of conditionality, but puts a special emphasis on the second, given its legal nature, its reciprocity, and its systematic inclusion in all framework agreements. It is argued here that this clause could represent the basis of a fully-fledged human rights policy of EU. At present, however, the implementation of the clause has been fragmentary. The interpretation that has prevailed (the human rights clause being a mechanism of exclusively punitive nature), has constituted an obstacle for its implementation. In addition, the clause has been activated only as a response to breaches of democratic principles (and not human rights) in the ACP countries ( and not other regions). The human rights clause has been the victim of the 'sectorial approaches' where policy choices were determined by the instrument at issue. It is about time for the EU to revisit the interpretation of the clause in order to make of it a dynamic instrument, integrated in a global and coherent external human rights policy.
| Author | : Jo M. Pasqualucci |
| Publisher | : Cambridge University Press |
| Total Pages | : 461 |
| Release | : 2013 |
| Genre | : Law |
| ISBN | : 1107006589 |
A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.
| Author | : Pablo Gilabert |
| Publisher | : Oxford University Press |
| Total Pages | : 488 |
| Release | : 2018-11-15 |
| Genre | : Philosophy |
| ISBN | : 0192562142 |
Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first.
| Author | : Aleksei V. Bogoviz |
| Publisher | : Springer Nature |
| Total Pages | : 1580 |
| Release | : 2021-12-03 |
| Genre | : Technology & Engineering |
| ISBN | : 3030770001 |
This book presents a systematic view of the cooperative sector of the economy from the standpoint of sustainable development. On the one hand, the book reveals the consequences of business cooperation for the implementation of global sustainable development goals, primarily in terms of environmental protection and food security. On the other hand, the book defines the essence of sustainable development of the cooperative sector of the economy as a demonstrative economic practice that reflects the general state of socio-economic systems. Scientific, methodological, and applied recommendations for the systemic optimization of the management of the cooperative sector of the economy in the interests of simultaneously achieving its maximum positive impact on the implementation of sustainable development goals, as well as maintaining its stability are proposed. The book contains the best works based on the results of the International Scientific and Practical Conference “Cooperation and Sustainable Development”, which was held on December 15-16, 2020. Its target audience is scientists studying processes of business structures cooperation, business entities carrying out cooperation, as well as public authorities, which will find guidelines for improving state regulation of the cooperative sector of the economy in this book.
