
Human Rights
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Content
- Intro
- Title Page
- Copyright Page
- Preface
- Summary Contents
- Contents
- Tables of Cases
- Tables of Legislation
- Abbreviations
- 1. Introduction
- 2. History of Human Rights
- I Human Rights and the Rise of the State in Europe
- II International Protection of Human Rights: A Latecomer in History
- III From the Sixteenth Century to 1776
- Protection of Human Beings by Denial of Human Rights
- Protection of Human Beings by Recognition of Human Rights
- IV From 1776 to 1914
- Human Rights in National Constitutional Texts
- Abolition of the Slave Trade
- Humanitarian Law
- No General Guarantees of Human Rights
- V Between the Two World Wars
- Mandate System of the League of Nations
- International Protection of Minorities
- Objectives of the International Labour Organization
- Legal Doctrine
- VI The Great Leap Forward: 1945
- 3. The Different 'Generations' of Human Rights: From Human Rights to Good Governance
- I Terminology
- II Development of First Generation and Second Generation Rights at National Level
- First Generation Rights
- Second Generation Rights
- III Development of the Current System of International Protection of Human Rights
- Universal Declaration of Human Rights
- European Convention on Human Rights and the European Social Charter
- The Two UN Covenants on Human Rights
- The Legal Framework Established by the UN Specialized Agencies
- American Convention on Human Rights
- African Charter of Human and Peoples' Rights
- No Regional Instrument in Asia
- Customary Law
- Soft Law
- IV Contents of the International Bill of Human Rights
- Substantive Provisions
- Rights and Obligations under Human Rights Treaties
- Equality and Non-discrimination
- Background
- Legal Instruments Banning Discrimination
- The Unity, and the Difference in Character, of First Generation and Second Generation Rights
- V Third Generation Rights
- The Three Rights
- Right to Development
- Right to Peace
- Right to a Clean Environment
- Uncertainties Surrounding Third Generation Rights
- Holders of the Rights
- Duty Bearers
- Contents
- VI Democracy
- VII Good Governance
- VIII Human Security
- IX Globalization
- X The Shadow of Terrorism
- XI Conclusion
- 4. Universality of Human Rights
- I Introductory Considerations
- II The Legal Dimension
- UDHR
- The Two International Covenants
- Other Treaties
- Vienna World Conference on Human Rights
- Regional Instruments
- III The Value Dimension
- Western Values
- Latin America
- Islamic Countries
- India
- East Asia
- IV The Empirical Dimension
- V Conclusion
- 5. Implementation at National Level
- I Duty Bearers
- States
- International Organizations
- European Union-European Communities
- United Nations
- World Trade Organization
- Transnational Corporations
- II Relationship between International Law and Domestic Law in the Field of Human Rights
- Third Generation Rights
- Second Generation Rights
- First Generation Rights
- European Convention on Human Rights
- International Covenant on Civil and Political Rights
- III Place of Human Rights Instruments in the Domestic Legal Order
- IV Implementation of International Human Rights vis-à-vis the Individual
- V Territorial Scope of Application of International Human Rights Instruments
- European Convention on Human Rights
- International Covenant on Civil and Political Rights
- 6. The Work of Political Bodies of International Organizations
- I United Nations
- Standard-setting
- Monitoring
- The General Assembly, the HRCion, and its successor, the HRC
- The General Assembly
- Special Procedures
- Outcome
- The High Commissioner for Human Rights
- The Security Council
- II European Union
- Legal Regime
- Monitoring
- III Council of Europe
- IV Organization for Security and Co-operation in Europe
- Standard-setting
- Monitoring
- V Conclusion
- 7. The Work of Expert Bodies: Examination of State Reports
- I Introductory Considerations
- II Reporting Systems at Regional Level
- European Convention on Human Rights
- African Charter of Human and Peoples' Rights
- III Reporting Systems at UN Level
- Monitoring Bodies
- Examining State Reports in Practice
- The Early Stages
- Later Developments: The Current Situation
- Reform Proposals
- Contribution of NGOs
- Delayed Reports
- Consequences
- Follow-up
- Effects of Concluding Observations
- General Comments and General Recommendations
- 8. The Work of Expert Bodies: Complaint Procedures and Fact-finding
- I Complaint Procedures
- Stocktaking
- Universal Level
- Interstate Complaint Procedures
- Individual Communication Procedures
- Regional Level
- Interstate Complaint Procedures
- Individual Complaint Procedures
- Reservations
- General Features of Individual Communication Procedures
- Persons Entitled to File Communications
- Rights that Can be Asserted
- Standing-The Victim Requirement
- Exhaustion of Local Remedies
- Other International Procedures of Settlement
- Unsubstantiated Communications
- Absence of Oral Hearings
- Interim Relief
- Outcome
- Non-binding Views
- Follow-up
- Publication of the Case Law
- Quantitative Assessment
- Qualitative Assessment
- II Fact-finding
- General Considerations
- Existing Procedures
- Fact-finding by the Inter-American Commission on Human Rights
- Fact-finding by the African Commission on Human and Peoples' Rights
- Fact-finding by the Committee Against Torture
- Fact-finding by the European Committee for the Prevention of Torture
- Optional Protocol to the UN Convention Against Torture
- III Conclusion
- 9. Supervision by International Tribunals
- I Introductory Considerations
- II Worldwide Level
- Advisory Opinions of the ICJ
- Judgments of the ICJ in Contentious Proceedings
- III Regional Level
- European Court of Human Rights
- General Features
- Interstate Applications
- Individual Applications
- Interim Relief
- Reparation
- Enforcement of Judgments
- Inter-American Court of Human Rights
- General Features
- Quantitative Balance Sheet
- Qualitative Balance Sheet
- Interim Relief
- Consequences Attaching to the Finding of a Violation
- African Court on Human and Peoples' Rights
- Court of Justice of the European Communities
- 10. Enforcement by States and the Role of Non-Governmental Organizations
- I General Considerations
- II Action by States
- Diplomatic Protection
- Representations by Diplomatic Means
- Interstate Complaints
- Measures of Retorsion
- Countermeasures
- Treaty Clauses on Observance of Human Rights
- Military Intervention
- Human Rights Enforcement in Practice
- III Action by Non-Governmental Organizations
- Definition of NGOs
- Legitimacy of NGOs
- Activities of NGOs
- The Domestic Field of Action
- The International Field of Action
- 11. Mitigating the Effects of Armed Conflict: Humanitarian Law
- I General Considerations
- Jus ad Bellum, Jus in Bello
- Non-discrimination
- II Brief Historical Survey
- Before World War I
- Between the Two World Wars
- After World War II
- III Prohibition of Specific Weapons
- IV Legal Sources
- Necessity of Humanitarian Law?
- Legal Sources
- Treaties
- Custom
- V Main Issues
- War and Armed Conflict
- Non-international Armed Conflict
- Distinction between Combatants and Civilians
- Distinction between Military Targets and Civilian Objects
- Protection of the Environment, Protection of Human Habitat
- Threshold of Armed Conflict
- Applicability of Common Article 3
- Declaration on Minimum Humanitarian Standards
- Lacunae in the Legal Regime of Non-International Armed Conflict
- VI Ensuring Observance of, and Respect for, Humanitarian Law
- A Culture of Compliance
- Monitoring
- Countermeasures
- State Responsibility
- 12. Criminal Prosecution of Human Rights Violations
- I General Considerations
- II National Prosecution
- Territorial Jurisdiction
- Extraterritorial Jurisdiction
- III International Prosecution
- International Military Tribunal at Nuremberg
- Ad Hoc Tribunals Established by the Security Council
- International Criminal Court
- Hybrid Criminal Tribunals
- IV A Summary Balance Sheet of the Ad Hoc Tribunals
- Authority of the Security Council
- Customary Nature of International Criminal Law
- Non-international Armed Conflict
- Amnesties
- Pre-trial Detention
- Reparation for Persons Erroneously Prosecuted
- Statistics
- V Conclusion
- 13. Reparation-Civil Claims against Human Rights Violators
- I General Considerations
- II Redress Afforded by the International Community
- III A Cause of Action Under Specific International Regimes
- Reparation under Human Rights Treaties
- International Covenant on Civil and Political Rights
- European Convention on Human Rights
- American Convention on Human Rights
- Convention Against Torture
- Conclusion
- Reparation under European Community Law
- Reparation within the Framework of Criminal Prosecution
- Reparation under International Humanitarian Law
- IV Individual Claims under General International Law
- Substantive Law
- Competent Forum
- V Procedures Under Domestic Law
- VI Immunity
- 14. Time for Hope, or Time for Despair?
- Index
- Notes
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