Hasil Pencarian  ::  Simpan CSV :: Kembali

""The effective implementation of human rights treaty obligations in national law is subject to increasing attention. The main responsibility for the international monitoring of national implementation at the global level is entrusted to the UN human rights treaty bodies. These bodies are established by the respective human rights conventions and are composed of independent experts. This book examines three aspects of these bodies: the legal aspects of their structure, functions and decisions; their effectiveness in ensuring respect for human rights obligations; and the legitimacy of these bodies and their decisions. Containing contributions from a variety of eminent legal experts, including present and former members of the treaty bodies, the analysis should be read in light of the ongoing effort to strengthen treaty bodies under the auspices of the UN High Commissioner for Human Rights and with the involvement of relevant stakeholders"-- Provided by publisher."

"Summary "Do States, through their military forces, have legal obligations under human rights treaties towards the local civilian population during UN-mandated peace operations? It is frequently claimed that it is unrealistic to require compliance with human rights treaties in peace operations and this has led to an unwillingness to hold States accountable for human rights violations. In this book, Kjetil Larsen criticises this position by addressing the arguments against the applicability of human rights treaties and demonstrating that compliance with the treaties is unrealistic only if one takes an 'all or nothing' approach to them. He outlines a coherent and more flexible approach which distinguishes clearly between positive and negative obligations and makes treaty compliance more realistic. His proposals for the application of human rights treaties would also strengthen the legal framework for human rights protection in peace operations without posing any unrealistic obligations on the military forces"-- Provided by publisher.Contents Machine generated contents note: 1. Introduction and overview; 2. The emerging relevance of human rights law in UN-mandated peace operations; 3. The other side of the coin: the alleged inappropriateness of applying human rights treaties in UN-mandated peace operations; 4. The argument of non-applicability ratione personae; 5. The argument of non-applicability ratione loci; 6. The applicability of human rights law during armed conflicts; 7. Derogations; 8. Norm conflicts between UN Security Council mandates and human rights treaties; 9. Legal challenges relating to the interrelationship between troop contributing states; 10. Selected issues relating to the application of substantive provisions; 11. Conclusions."

"Do States, through their military forces, have legal obligations under human rights treaties towards the local civilian population during UN-mandated peace operations? It is frequently claimed that it is unrealistic to require compliance with human rights treaties in peace operations and this has led to an unwillingness to hold States accountable for human rights violations. In this book, Kjetil Larsen criticises this position by addressing the arguments against the applicability of human rights treaties and demonstrating that compliance with the treaties is unrealistic only if one takes an 'all or nothing' approach to them. He outlines a coherent and more flexible approach which distinguishes clearly between positive and negative obligations and makes treaty compliance more realistic. His proposals for the application of human rights treaties would also strengthen the legal framework for human rights protection in peace operations without posing any unrealistic obligations on the military forces"-- Provided by publisher"

"A fully updated third edition of this unique study on a fundamental topic of international law by a hugely influential scholar and practitioner Combines conceptual analysis with exploration of procedures and mechanisms of implementation Examines the political, social, and historical frameworks in which human rights are embedded, including democracy and the rule of law, good governance, human security and globalizationNew to this editionReappraises the jurisprudence of the relevant international courts and the expert bodies at UN level in respect of decisions that have developed the law in new directions Features more analysis of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights Discusses the actions mandated by the United Nations Security Council against LibyaThis third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'."

"Paula Gerber argues that international law can learn from the medical profession, which has long recognized that 'prevention is better than cure'. There is an urgent need for HRE to be recognized as one of the best ways of preventing future human rights abuses; it is, in essence, a prophylactic for human rights violations. The book explores the provenance of human rights education in international law before critiquing the UNs work in this area across numerous different organs, including treaty committees, the Human Rights Council, General Assembly and Office of the High Commissioner for Human Rights. The author identifies a number of deficiencies in the UNs HRE activities, and makes recommendations for how the UN can more effectively promote HRE and increase states compliance with their international HRE obligations. This book provides a unique and timely insight into the workings of the UN in this vital aspect of international human rights law.This book offers the first scholarly analysis of the United Nations work in the field of human rights education (HRE) and examines why HRE is so important.Paula Gerber argues that international law can learn from the medical profession, which has long recognised that prevention is better than cure. The author is from Monash University, Australia"