Consensus-Based Interpretation of Regional Human Rights Treaties

Consensus-Based Interpretation of Regional Human Rights Treaties
Author: Francisco Pascual-Vives
Publisher: BRILL
Total Pages: 308
Release: 2019-07-22
Genre: Law
ISBN: 9004375511

In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San José, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.

The Oxford Guide to Treaties

The Oxford Guide to Treaties
Author: Duncan B. Hollis
Publisher:
Total Pages: 897
Release: 2020
Genre: Law
ISBN: 019884834X

This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.

Handbook on the European Convention on Human Rights

Handbook on the European Convention on Human Rights
Author: Mark Eugen Villiger
Publisher: BRILL
Total Pages: 771
Release: 2022-12-05
Genre: Law
ISBN: 9004443835

In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.

UN Human Rights Treaty Bodies

UN Human Rights Treaty Bodies
Author: Leena Grover
Publisher: Cambridge University Press
Total Pages: 491
Release: 2012-04-16
Genre: Law
ISBN: 1107006546

An analysis of the UN human rights treaty bodies, their methods of interpretation, their effectiveness and issues of legitimacy.

Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems

Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems
Author: Maria Sjöholm
Publisher: Martinus Nijhoff Publishers
Total Pages: 775
Release: 2017-09-25
Genre: Law
ISBN: 9004343571

In Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems Maria Sjöholm examines the jurisprudence on gender-based harm in the European, Inter-American and African regional human rights law systems from the viewpoint of feminist legal methods and theories. By offering indicators relevant for gender-sensitive norm interpretation, Maria Sjöholm identifies inconsistencies in the current regional legal frameworks with regard to the protection of women concerning such violations as domestic violence, human trafficking, sexual violence, forced sterilization and restrictions on other reproductive rights. The book offers an in-depth account not only of the manner in which such harm has been recognized through integration in general human rights law treaties, but also the categorization of such as particular human rights norms by regional human rights courts and commissions.

The Implementation of Free, Prior and Informed Consent and Indigenous Peoples’ Rights under the OECD Guidelines for Multinational Enterprises

The Implementation of Free, Prior and Informed Consent and Indigenous Peoples’ Rights under the OECD Guidelines for Multinational Enterprises
Author: Fanny Pulver
Publisher: buch & netz
Total Pages: 320
Release: 2022-08-11
Genre: Law
ISBN: 303805500X

Corporations have become powerful actors exerting increasing influence on society and the living conditions of individuals worldwide, including indigenous peoples. While it is recognized that corporations have a responsibility to respect indigenous peoples’ rights and the important safeguard concept of free, prior and informed consent (FPIC), it is rather unclear what such a corporate responsibility entails from a legal perspective. This doctoral thesis thoroughly analyses the regulatory framework pertaining to indigenous peoples and corporations as well as the ‘case law’ of the OECD National Contact Points (NCPs). Based on this analysis, the thesis identifies currently applied features of indigenous peoples’ rights and FPIC in relation to corporate actors, determines shortcomings in the regulatory framework and the ‘jurisprudence’ of the NCPs, and makes suggestions for possible improvements.

The European Union and Customary International Law

The European Union and Customary International Law
Author: Fernando Lusa Bordin
Publisher: Cambridge University Press
Total Pages: 337
Release: 2022-11-03
Genre: Law
ISBN: 1108832970

The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.

The Function of Equity in International Law

The Function of Equity in International Law
Author: Catharine Titi
Publisher: Oxford University Press
Total Pages: 224
Release: 2021-06-11
Genre: Law
ISBN: 0192638270

This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.

The African Regional Human Rights System

The African Regional Human Rights System
Author: Manisuli Ssenyonjo
Publisher: Martinus Nijhoff Publishers
Total Pages: 629
Release: 2011-12-23
Genre: Law
ISBN: 9004218149

The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.