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Oxford Law Citator
Contents
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Preliminary Material
Preface
Table of Contents
Table of Cases
African Commission on Human and Peoples’ Rights
African Court on Human and Peoples’ Rights
Committee Against Torture
Committee on the Elimination of Discrimination Against Women
Committee on the Elimination of Racial Discrimination
Court of Justice of the European Union and the General Court
European Commission of Human Rights
European Committee of Social Rights
European Court of Human Rights
Human Rights Committee
Inter-American Commission on Human Rights
Inter-American Court of Human Rights
International Arbitral Tribunals
International Court of Justice
International Criminal Court
International Tribunal for the Law of the Sea
Permanent Court of International Justice
Tribunal of the Southern Africa Development Community
WTO Appellate Body
Extraordinary Chambers in the Courts of Cambodia
International Criminal Court
International Criminal Tribunal for Rwanda
International Criminal Tribunal for the Former Yugoslavia
Special Court for Lebanon
Special Court for Sierra Leone
National Courts
France
Germany
Greece
Israel
Italy
Poland
Russia
South Africa
United Kingdom
United States of America
Table of Legislation
Treaties and Other Relevant Instruments
National Legislation
Belgium
Bolivia
Burundi
Dominican Republic
France
Germany
Greece
India
Ireland
Italy
Nigeria
Portugal
Russian Federation
South Africa
Spain
Swaziland
Tunisia
United Kingdom
United States
List of Abbreviations
Main Text
1 Introduction
I The New Paradigm of International Law: The Individual and Human Rights
II The Concept of Human Rights
III The Boundaries of Human Rights
IV Repercussions of Human Rights Claims for the Balance between State and Society
V The Moral Foundations of Human Rights
VI Human Rights—Harbingers of an Individualistic Society?
VII Provisional Summary and Outlook
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
A Protection of human beings by denial of human rights
B Protection of human beings by recognition of human rights
IV From 1776 to 1914
A Human rights in national constitutional texts
B Abolition of the slave trade
C Humanitarian law
D No general guarantees of human rights
V Between the Two World Wars
A Mandate system of the League of Nations
B International protection of minorities
C Objectives of the International Labour Organization
D Legal doctrine
VI The Great Leap Forward: 1945
3 Development of the Current System of International Protection of Human Rights
I The Three Stages
II Universal Declaration of Human Rights
III European Convention on Human Rights and European Social Charter
IV The Two UN Covenants on Human Rights
V The Legal Framework Established by the UN Specialized Agencies
VI American Convention on Human Rights
VII African Charter of Human and Peoples’ Rights
VIII Regional Instruments in Asia
IX Charter of Fundamental Rights of the European Union
X Customary Law
XI Jus Cogens
XII Soft Law
4 Universality of Human Rights
I Introductory Considerations
II The Legal Dimension
A UDHR
B The two International Covenants
C Other treaties
D Vienna World Conference on Human Rights
E Regional instruments
III The Value Dimension
A Western values
B Latin America
C Islamic countries
D India
E East Asia
F A provisional conclusion
IV The Empirical Dimension
V Conclusion
5 Conceptual Foundations of Human Rights
I Introductory Considerations
II Equality and Non-Discrimination
A Structural societal problems
B Stock-taking
C Racial discrimination, slavery, and colonial domination
D Gender equality
E Minorities
F The scope of legal instruments banning discrimination
III Human Dignity
A Stock-taking
B The meaning of ‘human dignity’
C Human dignity as the groundwork of human rights
IV The Rule of Law
6 Determinative Legal Parameters of Human Rights
I Introductory Considerations
II Scope of Application of International Human Rights
A European Convention on Human Rights
B International Covenant on Civil and Political Rights
C International Covenant on Economic, Social and Cultural Rights
III Subsidiarity
IV Restriction (Clawback) Clauses
V Margin of Appreciation
VI Principle of the Most Favourable Rule
7 Right Holders and Duty Bearers
I Right Holders
A Individuals
B Corporate bodies
C Peoples
II Duty Bearers
A States
B International organizations
1 European Union
2 United Nations
3 World Trade Organization
C Individuals
1 General
2 International criminal law
D Private corporations
8 From ‘Negative’ to Positive Duties—The Different ‘Generations’ of Human Rights
I Unity and Diversity of Human Rights
II Development of First Generation and Second Generation Rights at National Level
A First generation rights
B Second generation rights
III Contents of the International Bill of Human Rights
A Substantive provisions
B Rights and obligations under human rights treaties
IV The Unity, and the Difference in Character, of First Generation and Second Generation Rights
V Third Generation Rights
A The three rights
1 Right to development
2 Right to peace
3 Right to a healthy and clean environment
B Uncertainties surrounding third generation rights
1 Holders of the rights
2 Duty bearers
3 Contents
9 The General Framework of Human Rights
I Introductory Considerations
II Democracy
III Good Governance
IV Human Security
V Globalization
VI The Shadow of Terrorism
VII Conclusion
10 Implementation at National Level
I Introductory Considerations
II Relationship between International Law and Domestic Law in the Field of Human Rights
A Third generation rights
B Second generation rights
C First generation rights
1 European Convention on Human Rights
2 International Covenant on Civil and Political Rights
III Place of Human Rights Instruments in the Domestic Legal Order
IV Implementation of Human Rights Obligations by Special Institutions
V Other Modalities of Implementation
11 The Work of Political Bodies of International Organizations
I United Nations
A Standard-setting
B Monitoring
1 General
2 The practice of the HRCion and the HRC—past and present: Universal Periodic Review
3 The practice of the General Assembly
4 Supportive mechanism: special procedures
5 Outcome
C Implementation and enforcement
1 The High Commissioner for Human Rights
2 The Security Council
II European Union
A Legal regime
B Monitoring
III Council of Europe
IV Organization for Security and Co-operation in Europe
A Standard-setting
B Monitoring
V Conclusion
12 The Work of Expert Bodies: Examination of State Reports
I Introductory Considerations
II Reporting Systems at Regional Level
A Council of Europe
1 European Convention on Human Rights
2 European Social Charter
B African Charter of Human and Peoples’ Rights
III Reporting Systems at UN Level
A Monitoring bodies
1 Reform strategies
B Examining state reports in practice
1 The early stages
2 Later developments: the current situation
3 Reform proposals
4 Contribution of NGOs
5 Delayed reports
C Consequences
1 Follow-up
2 Effects of concluding observations
D General comments and general recommendations
13 The Work of Expert Bodies: Complaint Procedures and Fact-finding
I Complaint Procedures
A Stocktaking
1 Universal level
i Interstate complaints procedures
ii Individual communication procedures
2 Regional level
i Interstate complaint procedures
ii Individual complaints procedures
3 Reservations
B General features of individual communication procedures
1 Persons entitled to file communications
2 Rights that can be asserted
3 Standing—the victim requirement
4 Exhaustion of local remedies
5 Other international procedures of settlement
6 Unsubstantiated communications
7 Consideration of the merits—absence of oral hearings
8 Interim relief
C Outcome
1 Non-binding views
2 Follow-up
3 Publication of the case law
4 Quantitative assessment
5 Qualitative assessment
II Fact-finding
A General considerations
B Formal procedures
1 Fact-finding by the Committee Against Torture
2 Fact-finding by the Subcommittee on Prevention of Torture (SPT)
3 Fact-Finding by the Committee on the Elimination of Discrimination against Women
4 Fact-finding by the Inter-American Commission on Human Rights
5 Fact-finding by the African Commission on Human and Peoples’ Rights
6 Fact-finding by the European Committee for the Prevention of Torture
III Conclusion
14 Supervision by International Tribunals
I Introductory Considerations
II Worldwide Level
A International Court of Justice (ICJ)
1 Advisory opinions
2 Contentious proceedings
B World court of human rights
III Regional Level
A Europe
1 European Court of Human Rights
i General features
ii Interstate applications
iii Individual applications
iv Interim relief
v Reparation
vi Enforcement of judgments
vii Advisory opinions
2 Court of Justice of the European Union
B Inter-American Court of Human Rights
1 General features
2 Quantitative balance sheet
3 Qualitative balance sheet
4 Interim relief
5 Consequences attaching to the finding of a violation
C Africa
1 African Court on Human and Peoples’ Rights
i SADC Tribunal
15 Enforcement by States and the Role of Non-Governmental Organizations
I General Considerations
II Action By States
A Diplomatic protection
B Representations by diplomatic means
C Interstate complaints
D Measures of retorsion
E Countermeasures
F Treaty clauses on observance of human rights
G Military intervention
H Human rights enforcement in practice
III Action by Non-Governmental Organizations
A Definition of NGOs
B Legitimacy of NGOs
C Activities of NGOs
1 The domestic field of action
2 The international field of action
16 Mitigating the Effects of Armed Conflict: Humanitarian Law
I General Considerations
A Jus ad bellum, jus in bello
B Non-discrimination
II Brief Historical Survey
A Before World War I
B Between the two World Wars
C After World War II
III Prohibition of Specific Weapons
IV Legal Sources
A Necessity of humanitarian law?
B Legal sources
1 Treaties
2 Custom
V Main Issues
A War and armed conflict
B Non-international armed conflict
C Distinction between combatants and civilians
D Distinction between military targets and civilian objects
E Threshold of armed conflict
F Applicability of common Article 3
G Declaration on minimum humanitarian standards
H Lacunae in the legal regime of non-international armed conflict
VI Ensuring Observance of, and Respect for, Humanitarian Law
A A culture of compliance
B Monitoring
C Countermeasures
D State responsibility
17 Criminal Prosecution of Human Rights Violations
I General Considerations
II National Prosecution
A Territorial jurisdiction
B Universal jurisdiction
III International Prosecution
A International Military Tribunal at Nuremberg
B Ad hoc tribunals established by the Security Council
C International Criminal Court
D Hybrid criminal tribunals
IV A Summary Balance Sheet of the Ad Hoc Tribunals
A Authority of the Security Council
B Customary nature of international criminal law
C Non-international armed conflict
D Amnesties
E Pre-trial detention
F Reparation for persons erroneously prosecuted
G Statistics
V Conclusion
18 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
A Reparation under human rights treaties
1 International Covenant on Civil and Political Rights
2 European Convention on Human Rights
3 American Convention on Human Rights
4 Convention Against Torture
5 Conclusion
B Reparation under European Union law
C Reparation within the framework of criminal prosecution
D Reparation under international humanitarian law
IV Individual Claims Under General International Law
A Substantive law
B Competent forum
V Procedures Under Domestic Law
VI Immunity
19 Time for Hope, or Time for Despair?
Further Material
Index
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Table of Legislation
From:
Human Rights: Between Idealism and Realism, Third Edition
Christian Tomuschat
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Collected Courses of the Academy of European Law
Published in print:
01 September 2014
ISBN:
9780199683734
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