The International Law of Human Rights and States of Exception: With Special Reference to the Travaux Preparatoires and the Case-law of the International Monitoring OrgansMartinus Nijhoff Publishers, 28/07/1998 - 780 من الصفحات 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. |
المحتوى
GENERAL INTRODUCTION | 1 |
EMERGENCY POWERS IN A HISTORIC | 7 |
Martial law in England | 19 |
Martial law and the suspension of habeas corpus in the Philippines | 32 |
Conclusions | 42 |
INTRODUCTION | 49 |
The principle of legality at the regional level | 66 |
Conclusions | 93 |
INTRODUCTION | 371 |
THE NONDEROGABLE OBLIGATONS UNDER | 380 |
The work of the Human Rights Committee | 392 |
Conclusions | 448 |
Conclusions | 495 |
Conclusions | 559 |
INTRODUCTION | 567 |
Art 271 of the American Covention on Human Rights | 581 |
The principle of a democratic society at the regional level | 114 |
Conclusions | 145 |
The notions of national security and public order at the regional | 166 |
Conclusions | 188 |
INTRODUCTION | 195 |
The work of the Human Rights Committee | 217 |
Conclusions | 239 |
The American Convention on Human Rights Art 27 | 247 |
The work of the InterAmerican Court and Commission on Human | 253 |
Conclusions | 281 |
The caselaw of the European Court and Commision of Human | 290 |
Conclusions | 324 |
Freedom of association and collective bargaining | 342 |
Conclusions | 365 |
Art 151 of the European Convention on Human Rights | 590 |
Conclusions | 621 |
The caselaw of the international control organs | 627 |
Conclusions | 638 |
Art 271 of the American Convention on Human Rights | 650 |
Art 15 of the European Convention on Human Rights | 658 |
Discrimination on grounds of national or ethnic origin during Second | 669 |
Conclusions | 681 |
Art 273 of the American Convention on Human Rights | 696 |
CONCLUSIONS TO PART V | 719 |
BIBLIOGRAPHY | 729 |
767 | |
طبعات أخرى - عرض جميع المقتطفات
عبارات ومصطلحات مألوفة
amendment American Convention application authorities case-law Chapter Commission on Human Commission's concerned concluded considered Constitution Constitutional Dictatorship Convention on Human Council of Europe Court HR Covenant decision Declaration democratic society derogation provision derogatory measures detention discrimination draft droits effective emergency situations emphasis added European Commission European Convention examination existence force freedom of association freedom of expression GAOR Government guarantees habeas corpus Human Rights Committee Ibid Inter-American International Covenant international law interpretation judgment judicial justify law of human legislation limitation provision margin of appreciation martial law meaning measures taken military Miskitos Moreover national security Nicaragua non-derogable rights Northern Ireland opinion organisation paras particular persons powers proposal Protocol public order question reasons regard relevant Report HRC respect restrictions right to freedom rights and freedoms Series session siege submitted suspension thereof trade union treaties United Kingdom Uruguay views adopted violation of Art whilst words