International Human Rights and Humanitarian Law: Treaties, Cases, and AnalysisCambridge University Press, 16 янв. 2006 г. International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement. |
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Стр. xii
... Rule 176 189 189 Lawrence v . Texas , 539 U.S. 558 ( 2003 ) Questions & Comments 189 191 3.1.2 . Federal and State Statutory Construction 191 3.1.2.1 . Federal Mandatory Rule : The Charming Betsy and Rossi Rules 191 Weinberger v . Rossi ...
... Rule 176 189 189 Lawrence v . Texas , 539 U.S. 558 ( 2003 ) Questions & Comments 189 191 3.1.2 . Federal and State Statutory Construction 191 3.1.2.1 . Federal Mandatory Rule : The Charming Betsy and Rossi Rules 191 Weinberger v . Rossi ...
Стр. 22
... rules expressly recognized by the contesting states ; ( b ) international custom , as evidence of a general practice accepted as law ; ( c ) the general principles of law recognized by civilized nations ; ( d ) subject to the provisions ...
... rules expressly recognized by the contesting states ; ( b ) international custom , as evidence of a general practice accepted as law ; ( c ) the general principles of law recognized by civilized nations ; ( d ) subject to the provisions ...
Стр. 23
... rules govern the statutory construction of treaties ? The Vienna Convention on the Law of Treaties2 provides rules regarding the construction and interpretation of treaties . The most basic rule is that a treaty be interpreted " in good ...
... rules govern the statutory construction of treaties ? The Vienna Convention on the Law of Treaties2 provides rules regarding the construction and interpretation of treaties . The most basic rule is that a treaty be interpreted " in good ...
Стр. 29
... rules relating to airspace and the continental shelf have emerged from fairly quick maturing of practice . The International Court does not emphasize the time element as such in its practice . ( b ) Uniformity , consistency of the ...
... rules relating to airspace and the continental shelf have emerged from fairly quick maturing of practice . The International Court does not emphasize the time element as such in its practice . ( b ) Uniformity , consistency of the ...
Стр. 30
... rules in question in the practice of states . The choice of approach appears to depend upon the nature of the issues ( that is , the state of the law may be a primary point in contention ) , and the discretion of the Court . The ...
... rules in question in the practice of states . The choice of approach appears to depend upon the nature of the issues ( that is , the state of the law may be a primary point in contention ) , and the discretion of the Court . The ...
Содержание
13 | |
19 | |
32 | |
IAN BROWNLIE Principles of PUBLIC INTERNATIONAL LAW 57 10 | 112 |
30 | 165 |
31 | 171 |
INCORPORATION OF INTERNATIONAL HUMAN RIGHTS | 175 |
Francisco Forrest Martin Delineating a Hierarchical Outline | 186 |
40 | 274 |
SUBSTANTIVE INTERNATIONAL HUMAN RIGHTS | 307 |
Abortion | 329 |
ICC Statute art 21 | 536 |
Advisory Opinion Other Treaties Subject to the Consultative | 763 |
54 | 838 |
56 | 875 |
68 | 928 |
Advisory Opinion Judicial Guarantees in States of Emergency | 228 |
39 | 240 |
INTERNATIONAL HUMAN RIGHTS TRIBUNAL Procedure and Remedies | 270 |
THEORY AND CRITIQUE | 938 |
INDEX | 987 |
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accused acts alleged American Convention applicant applicant's armed conflict arrest authority circumstances civilian claim Commission committed considered Constitution Convention on Human Court of Appeal Court of Human Covenant crimes against humanity customary international law death penalty decision defence detention discrimination domestic law duty ECHR effect ensure established European Court evidence execution federal Geneva Conventions genocide Government guarantees Human Rights Committee human rights law humanitarian law ICCPR immunity individual inhuman Inter-American Interahamwe International Criminal International Criminal Court international human rights interpretation judgment judicial jurisdiction jus cogens law of nations legislation military non-self-executing norm obligations offence paragraph party person police political present principle proceedings prohibition prosecution Prosecutor protection Protocol punishment QUESTIONS & COMMENTS reasonable recognized relevant respect responsibility rules Rwanda sentence separation of powers Statute torture transsexual treatment treaty Trial Chamber Tribunal Tutsi U.S. Supreme Court United Kingdom victim Vienna Convention violation of Article witnesses
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Стр. 101 - Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of...
Стр. 554 - ... or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice...
Стр. 671 - ARTICLE 8 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and...
Стр. 403 - All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Стр. 247 - A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.
Стр. 481 - Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause...
Стр. 371 - Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. 3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.
Стр. 554 - ... to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require...
Стр. 498 - ... obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
Стр. 103 - In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purposes of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.