Human Rights In Emergencies
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Author | : Patrick William Kelly |
Publisher | : Cambridge University Press |
Total Pages | : 339 |
Release | : 2018-05-10 |
Genre | : History |
ISBN | : 1107163242 |
Shows how Latin America was the crucible of the global human rights revolution of the 1970s.
Author | : Karin Loevy |
Publisher | : Cambridge University Press |
Total Pages | : 323 |
Release | : 2016-03-11 |
Genre | : Law |
ISBN | : 1316592138 |
Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.
Author | : Jaime OraĆ” |
Publisher | : |
Total Pages | : 320 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
In the last decade, grave violations of human rights have occurred during states of emergency such as armed conflict, subversion, and terrorism. Many sovereign states are notorious for using a state of emergency as an excuse for breaching human rights, and one of the most important problems in the international protection of human rights is that of identifying the standards governing these rights. This volume examines human rights in the context of treaty law and general international law. It analyzes the rules, principles, and obligations which international law has developed to cope with these situations.
Author | : Anna-Lena Svensson-McCarthy |
Publisher | : BRILL |
Total Pages | : 808 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004479317 |
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.
Author | : Evan J. Criddle |
Publisher | : Cambridge University Press |
Total Pages | : 303 |
Release | : 2016-07-21 |
Genre | : Political Science |
ISBN | : 1316688178 |
Public emergencies such as civil wars, natural disasters, and economic crises test the theoretical and practical commitments of international human rights law. During national crises, international law permits states to suspend many human rights protections in order to safeguard national security. States frequently overstep the limits of this authority, violating even peremptory human rights such as the prohibitions against torture and prolonged arbitrary detention. In this volume, leading scholars from law, philosophy and political science grapple with challenging questions concerning the character, scope, and salience of international human rights, and they explain how the law seeks to protect human rights during emergencies. The contributors also evaluate the law's successes and failures, and offer new proposals for strengthening respect for human rights.
Author | : John Reynolds |
Publisher | : Cambridge University Press |
Total Pages | : 343 |
Release | : 2017-08-10 |
Genre | : Law |
ISBN | : 1107172519 |
This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.
Author | : David Townes |
Publisher | : Cambridge University Press |
Total Pages | : 509 |
Release | : 2018-05-31 |
Genre | : Medical |
ISBN | : 1107062683 |
A comprehensive, best practices resource for public health and healthcare practitioners and students interested in humanitarian emergencies.
Author | : Joan M. Fitzpatrick |
Publisher | : University of Pennsylvania Press |
Total Pages | : 276 |
Release | : 2018-01-15 |
Genre | : Political Science |
ISBN | : 1512815926 |
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.
Author | : Diane A. Desierto |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 433 |
Release | : 2012-01-05 |
Genre | : Political Science |
ISBN | : 9004218521 |
Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.
Author | : Greene, Alan |
Publisher | : Bristol University Press |
Total Pages | : 182 |
Release | : 2020-10-29 |
Genre | : Law |
ISBN | : 1529215412 |
How do we maintain core values and rights when governments impose restrictive measures on our lives? Declaring a state of emergency is the best way to protect public health in a pandemic but how do these powers differ from those for national security and economic crises? This book explores how human rights, democracy and the rule of law can be protected during a pandemic and how emergency powers can best be ended once it wanes. Written by an expert on constitutional law and human rights, this accessible book will shape how governments, opposition, courts and society as a whole view future pandemic emergency powers.