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Contents
- Preliminary Material
- Table of Contents
- Table of National Cases
- Country Cases
- International Cases
- African Commission on Human and Peoples’ Rights
- Claims Commissions (RIAA)
- European Court of Human Rights
- European Court of Justice
- Human Rights Committee
- Inter-American Commission of Human Rights
- Inter-American Court of Human Rights
- International Court of Justice
- International Criminal Court
- Committee Decisions
- Permanent Court of International Justice
- World Trade Organization Decisions
- Other Tribunals
- Other Cases
- Table of Treaties, Declarations, and Other International Instruments
- Table of Abbreviations
- Notes on the Contributors
- Main Text
- Introduction
- Part I Theoretical Foundations
- Ch.1 Religion
- Ch.2 Moral Philosophy
- Ch.3 Biological Foundations of Human Rights
- Ch.4 Sociology of Human Rights
- Ch.5 The Psychological Foundations of Human Rights
- Ch.6 Anthropology and the Grounds of Human Rights
- Part II Historical and Legal Sources
- Ch.7 The Foundations of Justice and Human Rights in Early Legal Texts and Thought
- Ch.8 General Principles and Constitutions as Sources of Human Rights Law
- Ch.9 The Anti-Slavery Movement and the Rise of International Non-Governmental Organizations
- Ch.10 Diplomatic Protection as a Source of Human Rights Law
- Ch.11 Humanitarian Law as a Source of Human Rights Law
- 1 Humanity in War: Ancient Roots and the European Middle Ages
- 2 National Wars and Individual Rights
- 3 The Science of Warfare and the Progress of Civilization
- 4 Inter Arma Caritas : Henri Dunant and the Red Cross
- 5 The United Nations, Human Rights, and Humanitarian Law
- 6 Human Rights in Armed Conflict
- 7 Conclusion
- Further Reading
- Ch.12 Social Justice, Rights, and Labour
- 1 Introduction
- 2 The Emergence of International Labour Law
- 3 ILO Action and Innovation
- 3.1 ILO in operation: international labour standards and the oversight machinery
- 3.2 Changing economic and social realities: ILO constitutional innovation
- 3.3 ILO standards, international human rights law, and the so-called ‘generations’
- 3.4 ILO and UN human rights: distinctive approaches to common aims
- 3.5 ILO and UN human rights cooperation
- 4 Quo Vadis: International Human Rights and International Labour Standards
- Further Reading
- Ch.13 The Protection of Minorities under the Auspices of the League of Nations
- 1 The Birth of the Mechanism in the Settlement of Peace after the First World War
- 2 The Main Principles and Structures of the League of Nations Mechanism
- 3 The Perception of Minority Protection by States and Minorities: Dissatisfaction Followed by Paralysis
- 4 The Funeral: The Memorandum of the Secretary General of the United Nations
- 5 Our Common Heritage: Historical and Practical Lessons
- Further Reading
- Part III Structural Principles
- Ch.14 Human Dignity
- Ch.15 Subsidiarity
- Ch.16 Sovereignty
- Ch.17 Solidarity
- Ch.18 Equality
- 1 The Philosophical Foundations of Equality
- 2 Equality and Non-Discrimination Concepts in Human Rights Law
- 3 Equality as a Structural Principle of International Human Rights Law
- 4 The Scope and Interpretation of the Principle of Equality in Contemporary International Human Rights Law
- 5 A Right to Equality in International Human Rights Law?
- 6 Concluding Remarks
- Further Reading
- Ch.19 Proportionality
- 1 Introduction
- 2 Genesis and Development
- 3 The Principle of Proportionality as a General Principle of IHRL
- 4 Three Tests of Proportionality
- 5 Proportionality Analysis by the European Court of Human Rights
- 5.1 Overview
- 5.2 Limitation clauses and proportionality analysis under the ECHR
- 5.3 Necessity and proportionality stricto sensu under the limitation clauses
- 5.4 Derogations (Article 15) and proportionality in a narrow sense
- 5.5 Non-discrimination (Article 14) and proportionality stricto sensu
- 5.6 Due process guarantees and proportionality in a narrow sense
- 5.7 Evaluation of the ECtHR’s proportionality analysis
- 6 Proportionality as Applied by the UN Human Rights Committee
- 7 Proportionality Analysis in the Inter-American System
- 8 Critiques of Proportionality Analysis
- 9 Conclusion
- Further Reading
- Ch.20 Democracy and the Rule of Law
- Part IV Normative Evolution
- Ch.21 The Law-Making Process: From Declaration to Treaty to Custom to Prevention
- 1 Introduction
- 2 The Drafting Process for Declarations and Conventions
- 3 The International Law of Human Rights
- 4 The Passage of Declaration and Convention Provisions into Customary International Law
- 5 Reflections on Improving Human Rights Law-Making: Moving to Prevention
- 5.1 Threats to humanity that call for the articulation of their human rights dimensions
- 5.2 The protection of vulnerable groups
- 5.3 The preventive dimensions of the responsibility to protect
- 5.4 The preventive roles of national protection systems
- 5.5 Using the Universal Periodic Review process to advance prevention
- 5.6 Injecting human rights dimensions into regional preventive regimes
- 5.7 Leadership on preventive treaties such as the Optional Protocol to CAT
- 5.8 Cooperating with partners to advance prevention
- 5.9 Using the voice of the UN High Commissioner
- 5.10 Making prevention the decisive rationale of a human rights grand strategy
- 6 Conclusion
- Further Reading
- Ch.22 Core Rights and Obligations
- Ch.23 Jus Cogens and Obligations Erga Omnes
- Ch.24 Positive and Negative Obligations
- Ch.21 The Law-Making Process: From Declaration to Treaty to Custom to Prevention
- Part V Institutions and Actors
- Ch.25 From Commission to the Council: Evolution of UN Charter Bodies
- Ch.26 The Role and Impact of Treaty Bodies
- Ch.27 The Role of International Tribunals: Law-Making or Creative Interpretation?
- Ch.28 Universality and the Growth of Regional Systems
- Ch.29 National Implementation and Interpretation
- Ch.30 Roles and Responsibilities of Non-State Actors
- Part VI Human Rights and General International Law
- Ch.31 Interpretation of Human Rights Treaties
- 1 Introduction
- 2 Human Rights: A Self-Contained Regime?
- 3 Canons of Interpretation and the VCLT
- 4 Introduction to the Treaties and Supervisory Bodies
- 5 Provisions of Human Rights Conventions Relating to Interpretation
- 6 Jurisprudence
- 7 Conclusions: Towards a Uniform Holistic Approach to Interpretation
- Further Reading
- Ch.32 Enforcing Human Rights Through Economic Sanctions
- Ch.33 Transnational Litigation: Jurisdiction and Immunities
- Ch.34 The Use of International Force to Prevent or Halt Atrocities: From Humanitarian Intervention to the Responsibility to Protect
- Ch.35 Trade Law and Investment Law
- 1 Introduction
- 2 Trade, Investment, and Economic, Social, and Cultural Rights
- 3 Impact of WTO Rules on Specific Economic, Social, and Cultural Rights
- 4 The Benefits of Free Trade and Investment for Civil and Political Rights
- 5 Human Rights Protections for Traders and Investors
- 6 Hierarchies, Divergence, and Harmonization
- 7 Conclusion
- Further Reading
- Ch.31 Interpretation of Human Rights Treaties
- Part VII Assessments
- Ch.36 Creating and Applying Human Rights Indicators
- Ch.37 Compliance
- Ch.38 What Outcomes for Victims?
- 1 Introduction
- 2 What Outcomes Are Desirable for Victims?
- 3 Outcomes for Victims in Human Rights Law and Practice
- 4 Are Victims Getting the Right Outcomes: What is a Victim-Centred Approach?
- 5 Conclusions
- Further Reading
- Ch.39 Human Rights Make a Difference: Lessons from Latin America
- Further Material
