International Human Rights in a Nutshell,9780314260147

International Human Rights in a Nutshell

by ; ;
Edition: 3rd
ISBN13: 9780314260147
ISBN10: 0314260145
Format: Paperback
Pub. Date: 2002-06-01
Publisher(s): West Academic
List Price: $33.50

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Summary

Historical Antecedents of International Human Rights Law; United Nations Human Rights System; European System for the Protection of Human Rights; Inter-American Human Rights System; African System of Human and Peoples' Rights; Humanitarian Law; U.S. and International Human Rights; and Non-Governmental Human Rights Organization.

Table of Contents

Foreword iii
Preface v
Acknowledgments ix
Research References xxiii
Table of Cases
xxvii
Historical Antecedents of International Human Rights Law
Introduction
1(1)
Pre-World War II Law
1(26)
Introduction
1(1)
Human Rights and Traditional International Law
2(1)
Humanitarian Intervention
3(3)
Early Human Rights Treaties
6(1)
The League of Nations
7(1)
The Mandates System
8(1)
International Labor Standards
9(1)
The Minorities System
10(4)
State Responsibility for Injury to Aliens
14(4)
Responsibility of Individuals and Other Private Entities
18(2)
Humanitarian Law
20(2)
The Past and Modern International Human Rights Law
22(5)
The United Nations Human Rights System
Introduction
27(1)
The UN Charter
27(7)
Introduction
27(1)
The San Francisco Conference and Human Rights
28(1)
Human Rights in the UN Charter
29(5)
The International Bill of Human Rights
34(29)
Introduction
34(1)
The Universal Declaration of Human Rights
35(1)
The Rights and Freedoms
36(3)
Legal Effect and Political Importance
39(4)
The International Covenants on Human Rights: Introduction
43(2)
The Covenant on Civil and Political Rights
45(4)
The Human Rights Committee
49(3)
The Reporting Procedure
52(3)
General Comments
55(1)
Inter-State Communications
56(3)
The First Optional Protocol to the Covenant on Civil and Political Rights
59(4)
The International Bill of Human Rights Continued
Second Optional Protocol to the International Covenant on Civil and Political Rights
63(1)
The Covenant on Economic, Social and Cultural Rights
64(1)
Nature of the Obligations
65(4)
Overseeing Implementation
69(2)
Other Major UN Human Rights Treaties
71(25)
Introduction
71(1)
The Convention on the Prevention and Punishment of the Crime of Genocide
71(3)
International Convention on the Elimination of All Forms of Racial Discrimination
74(6)
International Convention on the Suppression and the Punishment of the Crime of Apartheid
80(2)
Convention on the Elimination of All Forms of Discrimination Against Women
82(6)
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment
88(4)
Convention on the Rights of the Child
92(4)
UN Chapter Based Institutions
96(30)
Introduction
96(1)
Commission on Human Rights
96(5)
Sub-Commission on Promotion and Protection of Human Rights
101(4)
Commission on the Status of Women
105(1)
Other UN Bodies Concerned with Human Rights
106(4)
Procedures for Dealing With Gross Violations of Human Rights
110(2)
Resolution 1235
112(1)
Resolution 1503
113(3)
Admissibility
116(3)
High Commissioner for Human Rights
119(3)
Field Offices
122(1)
Gross Violations of Human Rights and the UN Charter
123(2)
UN Human Rights Conferences
125(1)
Specialized Agencies
126(7)
Introduction
126(1)
The International Labor Organization
127(3)
UNESCO and Other Specialized Agencies
130(3)
The European System for the Protection of Human Rights
Introduction
133(3)
The European Convention on Human Rights: An Overview
136(8)
Introduction
136(1)
Rights Guaranteed
137(2)
The Universal Declaration and the Convention
139(1)
Convention Institutions
140(4)
The Enforcement Mechanism of the Convention
144(37)
Introduction
144(2)
Jurisdiction of the European Court
146(1)
Inter-State Complaints
147(2)
Private Petitions
149(5)
Admissibility: Incompatible, Ill Founded, or Abuse of the Right of Petition
154(2)
Exhaustion of Domestic Remedies and the Six-Months Rule
156(7)
The Individual's Participation in the Proceedings
163(3)
Judgments of the Court
166(2)
Enforcement of Judgments by the Committee of Ministers
168(4)
Interpretation of the Rights Guaranteed
172(9)
The European Social Charter
181(10)
Introduction
181(1)
The Catalog of Rights
182(3)
Legal Obligations Assumed by the Contracting Parties
185(1)
International Measures for Enforcement of Charter Rights
186(5)
Other Council of Europe Human Rights Treaties
191(8)
The European Convention against Torture
191(3)
Protection of National Minorities
194(3)
Human Rights and Biomedicine
197(2)
The European Union
199(6)
Absorbing the European Convention on Human Rights
199(3)
The Charter of Fundamental Rights of the European Union
202(3)
Organization for Security and Cooperation in Europe (OSCE)
205(16)
Introduction
205(1)
The Helsinki Final Act
206(3)
The OSCE Process
209(2)
The Non-binding Character of OSCE Commitments
211(1)
The OSCE Catalog of Rights
212(2)
The Human Dimension Mechanism
214(2)
The High Commissioner on National Minorities
216(3)
Representative on Freedom of the Media
219(2)
The Inter-American Human Rights System
Introduction
221(2)
The OAS Charter-Based System
223(18)
Introduction
223(1)
The OAS Charter
224(2)
The American Declaration of the Rights and Duties of Man
226(2)
The Commission as Charter Organ: Its Institutional Evolution
228(5)
The Commission as Charter Organ: Its Practice
233(1)
Country Studies and On-Site Investigations
234(5)
Individual Petitions
239(2)
The Convention-Based System
241(41)
Introduction
241(2)
The Convention and its Guarantees
243(3)
The Convention Organs
246(1)
The Inter-American Commission on Human Rights
247(1)
The Commission as Convention Organ
247(1)
Examination of Petitions
248(6)
Role Before the Court
254(2)
The Inter-American Court of Human Rights
256(1)
Jurisdictions of the Court
256(1)
Contentious Jurisdiction
256(4)
The Court's Powers in Contentious Cases
260(5)
Provisional Measures
265(2)
Advisory Jurisdiction
267(3)
Legal Effect of Advisory Opinions
270(2)
Emerging Case law
272(10)
The African System of Human and Peoples' Rights
Introduction
282(1)
The Rights and Duties
283(9)
Introduction
283(2)
Individual Rights
285(4)
Peoples' Rights
289(1)
Duties
290(2)
State Obligations and Measures of Implementation
292(22)
Introduction
292(1)
State Obligations
293(2)
The African Commission on Human and Peoples' Rights
295(4)
Interstate Complaints
299(1)
Individual Complaints
300(9)
An African Court on Human Rights
309(5)
Humanitarian Law
Introduction
314(1)
The Geneva Conventions and Protocols
315(32)
Introduction
315(2)
The Geneva Conventions and International Armed Conflicts
317(4)
The Geneva Conventions and Internal Armed Conflicts: Common Article 3
321(3)
Protocol I
324(4)
Protocol II
328(3)
Humanitarian Law and Human Rights Treaties: Their Interaction
331(3)
The International Committee of the Red Cross
334(3)
The Ad Hoc International Criminal Tribunals for the Former Yugoslavia and Rwanda
337(7)
The International Criminal Court
344(3)
The U.S. and International Human Rights
Introduction
347(3)
The U.S. and Human Rights Treaties
350(27)
Introduction
350(2)
Treaties and the U.S. Constitution
352(1)
The U.S. Senate and Human Rights Treaties
353(6)
Legal and Policy Considerations Affecting Ratification
359(6)
The New Policy: Ratification with Reservations, Understandings and Declarations
365(12)
Human Rights Legislation
377(13)
Introduction
377(1)
Military and Economic Aid CutOff: Laws of General Applicability
378(7)
Country-Specific Legislation
385(1)
International Financial Institutions
386(1)
The Bureau of Democracy, Human Rights and Labor
387(3)
International Human Rights Law in U.S. Courts
390(12)
Introduction
390(1)
Human Rights Treaties
391(3)
Customary International Law
394(8)
Non Governmental Human Rights Organizations
Introduction
402(3)
International Activities
405(8)
Introduction
405(2)
The NGOs as International Actors
407(3)
The NGOs and International Judicial and Quasi Judicial Proceedings
410(3)
National Activities
413(6)
National Legislation
413(2)
Influencing Human Rights Foreign Policy
415(4)
Author Index 419(10)
Subject Index 429

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