Download Tracing the Roles of Soft Law in Human Rights PDF

Tracing the Roles of Soft Law in Human Rights

Author: Stéphanie Lagoutte
Publsiher: Oxford University Press
Total Pages: 353
Release: 2016
Genre: Law
ISBN: 0198791402
Rating: 4.1/5 (2 downloads)

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"Some of the contributions were presented at the 2014 Association of Human Rights Institutes Research Conference in Copenhagen"--Preface.

Download Tracing the Roles of Soft Law in Human Rights PDF

Tracing the Roles of Soft Law in Human Rights

Author: Stéphanie Lagoutte
Publsiher: Oxford University Press
Total Pages: 330
Release: 2016-11-10
Genre: Law
ISBN: 0192508938
Rating: 4.8/5 (38 downloads)

Download Tracing the Roles of Soft Law in Human Rights Book in PDF, Epub and Kindle

Soft law increasingly shapes and impacts the content of international law in multiple ways, from being a first step in a norm-making process to providing detailed rules and technical standards required for the interpretation and the implementation of treaties. This is especially true in the area of human rights. While relatively few human rights treaties have been adopted at the UN level in the last two decades, the number of declarations, resolutions, conclusions, and principles has grown significantly. In some areas, soft law has come to fill a void in the absence of treaty law, exerting a degree of normative force exceeding its non-binding character. In others areas, soft law has become a battleground for interpretative struggles to expand and limit human rights protection in the context of existing regimes. Despite these developments, little attention has been paid to soft law within human rights legal scholarship. Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes. The book argues that a better understanding of how soft law shapes and affects different branches of international human rights law not only provides a more dynamic picture of the current state of international human rights, but also helps to unsettle and critically question certain political and doctrinal beliefs. Following introductory chapters that lay out the general conceptual framework, the book is divided in two parts. The first part focuses on cases that examine the role of soft law within human rights regimes where there are established hard law standards, its progressive and regressive effects, and the role that different actors play in the incubation process. The second part focuses on the role of soft law in emerging areas of international law where there is no substantial treaty codification of norms. These chapters examine the relationship between soft and hard law, the role of different actors in formulating new soft law, and the potential for eventual codification.

Download Ombuds Institutions, Good Governance and the International Human Rights System PDF

Ombuds Institutions, Good Governance and the International Human Rights System

Author: Linda C. Reif
Publsiher: BRILL
Total Pages: 826
Release: 2020-07-27
Genre: Law
ISBN: 9004273964
Rating: 4.3/5 (64 downloads)

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This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs).

Download Investors’ International Law PDF

Investors’ International Law

Author: Jean Ho
Publsiher: Bloomsbury Publishing
Total Pages: 432
Release: 2021-06-03
Genre: Law
ISBN: 1509937935
Rating: 4.7/5 (35 downloads)

Download Investors’ International Law Book in PDF, Epub and Kindle

This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.

Download Introduction to Law and Global Governance PDF

Introduction to Law and Global Governance

Author: Elaine Fahey
Publsiher: Edward Elgar Publishing
Total Pages: 168
Release: 2018-08-31
Genre: Law
ISBN: 1788970519
Rating: 4.0/5 (19 downloads)

Download Introduction to Law and Global Governance Book in PDF, Epub and Kindle

This innovative textbook introduces the idea of law existing, operating, and functioning beyond the Nation State. Offering a structured approach, Elaine Fahey breaks down the core aspects of theory, practice and regulation in order to examine the key conceptual and factual components of the relationship between law and global governance.

Download Legal Sources in Business and Human Rights PDF

Legal Sources in Business and Human Rights

Author: Martina Buscemi
Publsiher: BRILL
Total Pages: 353
Release: 2020-06-02
Genre: Law
ISBN: 9004401180
Rating: 4.1/5 (8 downloads)

Download Legal Sources in Business and Human Rights Book in PDF, Epub and Kindle

Legal Sources in Business and Human Rights takes stock of different aspects of Business and Human Rights practice in order to identify and explore some dynamics that are driving the evolution of the legal sources of international and EU law in the field of B&HRs.

Download Legal Validity and Soft Law PDF

Legal Validity and Soft Law

Author: Pauline Westerman
Publsiher: Springer
Total Pages: 266
Release: 2018-12-05
Genre: Law
ISBN: 3319775227
Rating: 4.5/5 (27 downloads)

Download Legal Validity and Soft Law Book in PDF, Epub and Kindle

This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Download Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis PDF

Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis

Author: Sergio Carrera
Publsiher: Edward Elgar Publishing
Total Pages: 336
Release:
Genre: LAW
ISBN: 1788972481
Rating: 4.2/5 (81 downloads)

Download Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis Book in PDF, Epub and Kindle

This discerning book examines the external dimension EU migration and asylum polices in times of crisis. It thoroughly assesses patterns of co-operation in EU migration management with a focus on co-operation with the global south. A key resource for academics and students focussing on EU Law and migration more specifically, this book will also appeal to policy-makers, legal practitioners and international organisation representatives alike.

Download African Human Rights Law Journal Volume 20 No 2 2020 PDF

African Human Rights Law Journal Volume 20 No 2 2020

Author:
Publsiher: Pretoria University Law Press
Total Pages: 531
Release: 2020-01-01
Genre: Law
ISBN:
Rating: 4./5 ( downloads)

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In 2020, the African Human Rights Law Journal (AHRLJ or Journal) celebrates 20 years since it first was published. The AHRLJ is the only peer-reviewed journal focused on human rights-related topics of relevance to Africa, Africans and scholars of Africa. It is a time for celebration. Since 2001, two issues of the AHRLJ have appeared every year. Initially published by Juta, in Cape Town, South Africa, in 2013 it became as an open-access journal published by the Pretoria University Law Press (PULP). PULP is a non-profit open-access publisher focused on advancing African scholarship. The AHRLJ contains peer-reviewed articles and ‘recent developments’, discussing the latest court decisions and legal developments in the African Union (AU) and regional economic communities. It contains brief discussions of recently-published books. With a total of 517 contributions in 40 issues (436 articles and 81 ‘recent developments’; not counting ‘book reviews’), on average the AHRLJ contains around 13 contributions per issue. The AHRLJ is accredited with the International Bibliography of the Social Sciences (IBSS) and the South African Department of Higher Education, Science and Innovation, and appears in a number of open access portals, including AfricanLii, the Directory of Open Access Journals and SciELO. Over the 20 years of its existence, many significant articles appeared in the AHRLJ. According to Google Scholar the mostcited articles that have appeared in the Journal over this period are (i) T Metz ‘Ubuntu as a moral theory and human rights in South Africa’ (2011) 11 African Human Rights Law Journal 532-559 (with 273 citations); (ii) D Cornell and K van Marle ‘Exploring ubuntu: Tentative reflections’ (2005) 5 African Human Rights Law Journal 195- 220 (with 97 citations); (iii) S Tamale ‘Exploring the contours of African sexualities: Religion, law and power’ (2014) 14 African Human Rights Law Journal 150-177 (with 85 citations); K Kindiki ‘The normative and institutional framework of the African Union relating to the protection of human rights and the maintenance of international peace and security: A critical appraisal’ (2003) 3 African Human Rights Law Journal 97-117 (with 59 citations); and T Kaime ‘The Convention on the Rights of the Child and the cultural legitimacy of children’s rights in Africa: Some reflections’ (2005) 5 African Human Rights Law Journal 221-238) (with 54 citations). This occasion allows some perspective on the role that the Journal has played over the past 20 years. It is fair to say that the AHRLJ contributed towards strengthening indigenous African scholarship, in general, and human rights-related themes, specifically. Before the Journal there was no academic ‘outlet’ devoted to human rights in the broader African context. Both in quantity and in quality the Journal has left its mark on the landscape of scholarly journals. The AHRLJ has provided a forum for African voices, including those that needed to be ‘fine-tuned’. Different from many other peerreviewed journals, the AHRLJ has seen it as its responsibility to nurture emerging but not yet fully-flourishing talent. This approach allowed younger and emerging scholars to be guided to sharpen their skills and find their scholarly voices. The AHRLJ has evolved in tandem with the African regional human rights system, in a dialogic relationship characterised by constructive criticism. When the Journal was first published in 2001, the Protocol on the Establishment of an African Court on Human and Peoples’ Rights (African Court Protocol) was not yet in force. Over the years the Journal tracked the evolution of the African Court on Human and Peoples’ Rights (African Court) from a faltering start, through a phase when it increasingly expressed itself in an emerging jurisprudence, to the current situation of push-back by states signalled by the withdrawal by four states of their acceptance of the Court’s direct individual access jurisdiction. The same is largely true for the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Committee). It was in 2001 that the AU elected the first members of this Committee. It first met in 2002, and its first decade or so was lackluster. The Committee examined its first state report only in November 2008, and decided its first communication in March 2011. Articles by authors such as Mezmur and Sloth-Nielsen, who also served as members of the Committee, and Lloyd, placed the spotlight on the work of the Committee. Initially, these articles primarily served to describe and provide information that otherwise was largely inaccessible, but over time they increasingly provided a critical gaze and contributed to the constructive evolution of the Committee’s exercise of its mandate. By 2011 the African Commission on Human and Peoples’ Rights (African Commission) was already quite well established, but it also underwent significant growth over the subsequent 20-year period. Numerous articles in the Journal trace and analyse aspects of this evolution. Contributions in the Journal also cover most of the AU human rights treaties and soft law standards. A number of issues contain a ‘special focus’ section dealing with a thematic issue of particular relevance or concern, such as the focus on the Protocol to the African Charter on the Rights of Women (2006 no 1); ‘30 years of the African Charter’ (2011 no 2); and ‘sexual and reproductive rights and the African Women’s Protocol’ (2014 no 2). The scope of the Journal extends beyond the supranational dimension of human rights. Over the years many contributions explored aspects of the domestic human rights situation in countries such as the Democratic Republic of the Congo, Eswatini, Ethiopia, Lesotho, Malawi, Mauritius, Nigeria, South Africa, Tanzania, Uganda and Zimbabwe. From time to time the specific focus sections also veered towards domestic human rights protection. See for instance the focus on 20 years of the South African Constitution (2014 no 2); on ‘adolescent sexual and reproductive rights in the African region’ (2017 no 2); on ‘the rule of law in sub-Saharan Africa’ (2018 no 1); and on ‘dignity taking and dignity restorations’ (2018 no 2).

Download UN Global Compacts PDF

UN Global Compacts

Author: Nicholas R. Micinski
Publsiher: Routledge
Total Pages: 180
Release: 2021-04-29
Genre: Political Science
ISBN: 1000376591
Rating: 4.6/5 (91 downloads)

Download UN Global Compacts Book in PDF, Epub and Kindle

UN Global Compacts is a concise introduction to the key concepts, issues, and actors in global migration governance and presents a comprehensive analysis of the New York Declaration for Refugees and Migrants, the Global Compact on Refugees, and the Global Compact for Migration. The book places the declaration and compacts within their historical context, traces the evolution of global migration governance, and evaluates the implementation of the compacts. Ultimately, the global compacts were the result of three wider shifts in global governance from hard to soft law, from rights to aid, and from Cold War politics to nationalism. The book is an important contribution to international relations and migration studies and provides essential information on the NY declaration and the global compacts, in addition to an examination of the: • Negotiating blocs and strategies • Populist backlash to the Global Compact for Migration • Responsibility sharing for refugee protection • Human rights of migrants • Principle of non-refoulement • Comprehensive Refugee Response Framework • UNHCR, IOM, and the UN Network on Migration The book will be of interest to practitioners, students, and scholars of international cooperation, global governance, migrants, and refugees, and will be essential reading for graduate and undergraduate courses on international law, international organizations, and migration.

Download The Cambridge Handbook of New Human Rights PDF

The Cambridge Handbook of New Human Rights

Author: Andreas von Arnauld
Publsiher: Cambridge University Press
Total Pages:
Release: 2020-01-02
Genre: Political Science
ISBN: 1108751172
Rating: 4.1/5 (72 downloads)

Download The Cambridge Handbook of New Human Rights Book in PDF, Epub and Kindle

The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.

Download Reconciling Religion and Human Rights PDF

Reconciling Religion and Human Rights

Author: Salama, Ibrahim
Publsiher: Edward Elgar Publishing
Total Pages: 296
Release: 2022-04-14
Genre: Political Science
ISBN: 1800377606
Rating: 4.7/5 (6 downloads)

Download Reconciling Religion and Human Rights Book in PDF, Epub and Kindle

Projecting a global interdisciplinary vision, this insightful book develops a peer-to-peer learning methodology to facilitate reconciling religion and human rights, both in multilateral contexts and at the national level. Written by leading human rights practitioners, the book illuminates the tension zones between religion and rights, exploring how the ‘faith’ elements in both disciplines can create synergies for protecting equal human dignity.

Download The Implementation of Free, Prior and Informed Consent and Indigenous Peoples’ Rights under the OECD Guidelines for Multinational Enterprises PDF

The Implementation of Free, Prior and Informed Consent and Indigenous Peoples’ Rights under the OECD Guidelines for Multinational Enterprises

Author: Fanny Pulver
Publsiher: buch & netz
Total Pages: 320
Release: 2022-08-11
Genre: Law
ISBN: 303805500X
Rating: 4.5/5 ( downloads)

Download The Implementation of Free, Prior and Informed Consent and Indigenous Peoples’ Rights under the OECD Guidelines for Multinational Enterprises Book in PDF, Epub and Kindle

Corporations have become powerful actors exerting increasing influence on society and the living conditions of individuals worldwide, including indigenous peoples. While it is recognized that corporations have a responsibility to respect indigenous peoples’ rights and the important safeguard concept of free, prior and informed consent (FPIC), it is rather unclear what such a corporate responsibility entails from a legal perspective. This doctoral thesis thoroughly analyses the regulatory framework pertaining to indigenous peoples and corporations as well as the ‘case law’ of the OECD National Contact Points (NCPs). Based on this analysis, the thesis identifies currently applied features of indigenous peoples’ rights and FPIC in relation to corporate actors, determines shortcomings in the regulatory framework and the ‘jurisprudence’ of the NCPs, and makes suggestions for possible improvements.

Download Effective Enforcement of EU Labour Law PDF

Effective Enforcement of EU Labour Law

Author: Zane Rasnaca
Publsiher: Bloomsbury Publishing
Total Pages: 591
Release: 2022-08-11
Genre: Law
ISBN: 1509944435
Rating: 4.4/5 (35 downloads)

Download Effective Enforcement of EU Labour Law Book in PDF, Epub and Kindle

This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective. Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap. Intended for academics and practitioners alike, the book adopts a threefold approach to examine this issue. First of all, it explores the idea of effective enforcement and sets out the wider context in which EU labour law enforcement takes place. Secondly, it analyses how enforcement operates in particular areas, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers. Thirdly, it critically assesses the role of specific actors (in particular collective actors like trade unions, as well as whistle-blowers and the European Labour Authority) and settings (public procurement, economic and monetary policy) regulated by EU law. Drawing on the insights produced by these analyses, the book concludes by proposing a comprehensive Draft for a Model Directive on 'Effective Enforcement of EU Labour Law' as an inspiration for policy development and scholarly debate in this area.

Download Mental Health, Legal Capacity, and Human Rights PDF

Mental Health, Legal Capacity, and Human Rights

Author: Michael Ashley Stein
Publsiher: Cambridge University Press
Total Pages:
Release: 2021-08-31
Genre: Law
ISBN: 1108986382
Rating: 4.6/5 (82 downloads)

Download Mental Health, Legal Capacity, and Human Rights Book in PDF, Epub and Kindle

Since adoption of the Convention on the Rights of Persons with Disabilities and the interpretive General Comment 1, the topic of legal capacity in mental health settings has generated considerable debate in disciplines ranging from law and psychiatry to public health and public policy. With over 180 countries having ratified the Convention, the shifts required in law and clinical practice need to be informed by interdisciplinary and contextually relevant research as well as the views of stakeholders. With an equal emphasis on the Global North and Global South, this volume offers a comprehensive, interdisciplinary analysis of legal capacity in the realm of mental health. Integrating rigorous academic research with perspectives from people with psychosocial disabilities and their caregivers, the authors provide a holistic overview of pertinent issues and suggest avenues for reform.

Download Non-Binding Norms in International Humanitarian Law PDF

Non-Binding Norms in International Humanitarian Law

Author: Emily Crawford
Publsiher: Oxford University Press
Total Pages: 304
Release: 2021-12-23
Genre: Law
ISBN: 0192551779
Rating: 4.1/5 (79 downloads)

Download Non-Binding Norms in International Humanitarian Law Book in PDF, Epub and Kindle

This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. In the past 30 years, there have been several non-binding instruments created, designed as either 'best practice' guidelines, or (re)statements of applicable law. These instruments are not treaties, but they nevertheless put themselves forward as authoritative statements of what the law is and, in some instances, what the law should be. Soft law instruments can be dynamic, prompt, and responsive measures to address pressing issues in armed conflicts. By drawing on the skill of a small group of experts, these instruments can be debated and drafted in a timelier manner than if these issues were to be left to the international community of 194 States to resolve. Furthermore, because these instruments do not have to be sent for debate to an international conference of States, it means that the provisions are not subject to the usual revisions, reservations, and dilutions that come with attempting to reach consensus. However, there are potential and actual problems with these instruments and the processes that bring them to fruition, and how they are received in practice by States and other stakeholders. This volume looks at the benefits and drawbacks for States and non-State actors with regards to soft law, whether they are effective additions to the law of armed conflict, analysing the development through the lens of theories of legitimacy and legality in international law.

Download Extending International Human Rights Protections to Vulnerable Populations PDF

Extending International Human Rights Protections to Vulnerable Populations

Author: Raymond A. Smith
Publsiher: Routledge
Total Pages: 88
Release: 2019-10-23
Genre: Political Science
ISBN: 1000733343
Rating: 4.3/5 (43 downloads)

Download Extending International Human Rights Protections to Vulnerable Populations Book in PDF, Epub and Kindle

This book inductively develops a new typology that identifies and evaluates three principal strategies that have been, and are being, used to extend international human rights protections to new categories of vulnerable populations. The book explicates the evolution and ongoing utility of the three strategies: categorical enlargement, conceptual expansion, and group-conscious universal application. The strategies are elucidated by case studies of nine distinct vulnerable populations: national minorities; those oppressed on the basis of caste; people with albinism; cross-cultural migrants; members of the African diaspora; Roma/Gypsies; persons affected by leprosy; older individuals; and lesbian, gay, bisexual, and transgender (LGBT) people. The book concludes by considering the utility of the three strategies for emerging vulnerable populations. It encourages discourse about the protection of vulnerable populations to move beyond a stale fixation on the texts of treaties and towards a more proactive normative framework that prioritizes the lived experiences of human beings. Extending International Human Rights Protections to Vulnerable Populations will be of key interest to students and scholars of international human rights, to social justice advocates, to human rights practitioners, and to those working with oppressed groups, human rights law, and international relations.