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Contents
Human Rights - Between Idealism and Realism, Third Edition by Tomuschat, Christian (1st September 2014)
- 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
- Table of Legislation
- 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
- 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
- 5 Conceptual Foundations of Human Rights
- 6 Determinative Legal Parameters of Human Rights
- 7 Right Holders and Duty Bearers
- 8 From ‘Negative’ to Positive Duties—The Different ‘Generations’ of Human Rights
- 9 The General Framework of Human Rights
- 10 Implementation at National Level
- 11 The Work of Political Bodies of International Organizations
- 12 The Work of Expert Bodies: Examination of State Reports
- 13 The Work of Expert Bodies: Complaint Procedures and Fact-finding
- I Complaint Procedures
- 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
- 15 Enforcement by States and the Role of Non-Governmental Organizations
- 16 Mitigating the Effects of Armed Conflict: Humanitarian Law
- I General Considerations
- II Brief Historical Survey
- III Prohibition of Specific Weapons
- IV Legal Sources
- 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
- 17 Criminal Prosecution of Human Rights Violations
- 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
- IV Individual Claims Under General International Law
- V Procedures Under Domestic Law
- VI Immunity
- 19 Time for Hope, or Time for Despair?
- 1 Introduction
- Further Material
