Regional protection of human rights
著者
書誌事項
Regional protection of human rights
Oxford University Press, c2008
- : set
- [v. 1] : cloth
- [v. 2] : pbk
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Includes bibliographical references and index
[v. 2.]: Documentary supplements
内容説明・目次
- 巻冊次
-
[v. 1] : cloth ISBN 9780195333398
内容説明
What role do human rights play in the development of regional organizations? What human rights obligations do states assume upon joining regional bodies? This work is the first text of its kind devoted to the European, Inter-American and African systems for the protection of human rights. It illustrates how international human rights law is interpreted and implemented across international organizations and offers examples of political, economic, social problems and legal issues to emphasize the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of different regions. Regional Protection of Human Rights contains the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. The Jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies.Prospects for regional systems in the Middle East and Asia are also discussed.
The relevant basic texts are reproduced in a documentary supplement.
- 巻冊次
-
[v. 2] : pbk ISBN 9780195333404
内容説明
What role do human rights play in the development of regional organizations? What human rights obligations do states assume upon joining regional bodies? This work is the first text of its kind devoted to the European, Inter-American and African systems for the protection of human rights. It illustrates how international human rights law is interpreted and implemented across international organizations and offers examples of political, economic, social problems and legal issues to emphasize the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of different regions. Regional Protection of Human Rights provides readers with access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions.
The jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. Prospects for regional systems in the Middle East and Asia are also discussed. The relevant basic texts are reproduced in a documentary supplement. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It is also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.
目次
Table of Cases
Table of Treaties and Other Instruments
1: Chapter I: Introduction
1. The Evolution of International Concern with Human Rights
2. The Evolution of Regional Human Rights Systems
3. The Human Rights Obligations of Participating States
A. Europe
B. Enforcing Obligations of OAS Member States
C. Strengthening the Obligations in Africa
4. Regionalism and Universality
A. The Universal Declaration and Regional Human Rights Instruments
B. The Evolution of United Nations Views on REgional Arrangements
C. The Inter-relationship of Global and Regional Norms in Practice
2: Chapter II: The Normative Instruments
1. Introduction: Attempts to Classify, Categorize and Prioritize Human Rights
2. The Texts
A. Europe
B. Inter-American Normative Instruments
C. The African Charter and Other Africa Human Rights Instruments
3. Interpreting the Texts
4. Domestic Application and Enforcement
A. Constitutional Approaches: Austria, Germany, UK, Argentina, South Africa
B. Self-executing and non self-executing treaties
C. Implementation of Treaties and Decisions
3: Chapter III: The Regional Institutions and Their Powers
1. Procedural and Institutional Evolution
2. The European System
3. The Inter-American System
A. The Commission
B. The Court
4. The African System
4: Chapter IV: Protecting Human Rights through Individual Cases
1. Overview
2. Jurisdiction
A. Processing the Cases
B. Subject Matter Jurisdiction
C. Territorial Limitations
D. Rationae Temporis
E. Taking a Case from the Inter-American Commission to the Court
3. Interim Measures
4. Admissibility of Complaints
- 巻冊次
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: set ISBN 9780195371659
内容説明
The international protection of human rights is generally recognized as a fundamental aim of modern international law. Even a cursory review of legal systems for the protection of human rights demonstrates the rapid expansion of this field since the end of World War II. During this period, nearly all global and regional organizations have adopted human rights standards and addressed human rights violations by member states. As a consequence, no state today can claim that its treatment of those within its jurisdiction is a matter solely of domestic concern.
In this book, Dinah Shelton examines the development of regional organizations and the role that human rights plays in them. It examines in particular the question of what human rights obligations states assume upon joining the regional bodies and how regional concern with human rights intersects with the global system elaborated in the context of the United Nations.
This work is the first devoted to the European, Inter-American and African systems for the protection of human rights. It also discusses the prospects for regional systems in the Middle East and Asia. The Jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. The book aims to expose the readers to the basic documents of each system and their inter-relationships, to enable the audience to apply those documents to ever-changing fact situations, and to alert them to the dynamic nature of regional human rights law and institutions. It also seeks to relate regional systems to national law and to the global system for the protection of human rights.
Regional Protection of Human Rights illustrates how international human rights law is interpreted and implemented. The selections offer examples of political, economic and social problems as well as legal issues to show the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of the regions. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It will also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.
Regional Protection of Human Rights: Documentary Supplements is the accompanying volume to Regional Protection of Human Rights. It contains primary source documents on human rights regulations in Europe, Africa, and the Americas. These include the European Court of Human Rights, the Charter of the Organization of American States, and the African Charter on Human and Peoples' Rights. Access to these documents enables the reader to further understand and apply them to ever-changing global situations.
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