Suchergebnisse

Chapter 1: Human rights institutions: what legitimacy? what authority? -- Part 1: United Nations human rights institutions -- Chapter 3: The UN Human Rights Council: achievements 2006-2016 and challenges ahead -- Chapter 4: The UN High Commissioner for Human Rights and field operations -- Chapter 5: UN Human Rights Treaty Bodies: impact and future -- Chapter 6: The UN Human Rights Committee -- Chapter 7: The UN Committee of Economic, Social and Cultural Rights -- Chapter 8: Gender in the UN: CEDAW and the Commission on the Status of Women -- Chapter 9: The UN Security Council and human rights -- Chapter 10: Why a World Court of Human Rights? -- Part 2: Human rights violations as crimes - international courts and tribunals -- Chapter 11: The Legacy of Nuremberg and Tokyo -- Chapter 12: Prosecuting human rights violations: what legacy of the ad hoc criminal tribunals for the former Yugoslavia and Rwanda? -- Chapter 13: What future for ad hoc tribunals? -- Chapter 14: The International Criminal Court between human Rights and realpolitik -- Chapter 15: Towards effective enforcement of international humanitarian law -- Chapter 16: Transitional Justice: the legacy and future of Truth and Reconciliation Commissions -- Part 3: Regional human rights systems -- Chapter 17: The European Court of Human Rights: achievements and prospects -- Chapter 18: The Inter-American Commission and Court of Human Rights -- Chapter 19: The African Commission on Human and Peoples' Rights and the African Court of Justice and Human and Peoples' Rights -- Chapter 20: The Arab Human Rights Commission -- Chapter 21: The ASEAN Human Rights Commission -- Chapter 22 : An Agenda for Strengthening Human Rights Institutions.

Development of the concept of provisional measures by the ICJ and ITLOS -- The use of provisional measures in the context of the various human rights systems -- Halting executions -- Halting corporal punishment -- Halting expulsion or extradition in non-refoulement cases -- Locating and protecting disappeared persons -- Intervening in detention situations involving risks to health and dignity -- Ensuring procedural rights to protect the right to life and personal integrity -- Protecting against death threats and harrassment -- Protecting (indigenous) cultural and religious rights -- Halting mass or arbitrary expulsion and forced eviction -- Provisional measures in other situations -- Protection -- Jurisdiction and admissibility -- Immediacy and risk -- The legal status of provisional measures in human rights adjudication -- The official responses of addressee states to provisional measures -- Follow-up on non-compliance -- General conclusion -- Samenvatting

"Governance by regulation (rules propounded and enforced by bureaucracies) is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations. Today the regulation of everything from e-commerce and product safety to air quality is global. To understand how regulation is made and enforced in the multiple domestic and international jurisdictions involved, it is necessary to move beyond conventional sub-fields of law like administrative law and international law. Drawing on contributions from leading scholars with diverse subject and country expertise, Comparative Law and Regulation introduces a new field of legal research geared at understanding the operation of the global regulatory process. The book affords cutting-edge analysis of the entire gamut of regulatory law: rulemaking by bureaucracies, legislatures, and private bodies; oversight by public and private actors; civil and criminal enforcement; and judicial review. The chapters cover over thirty different domestic and international jurisdictions, including the United States, Germany, the European Union, India, China, South Korea, Colombia, the World Trade Organization, and private investor-state arbitral tribunals"--Publisher's website

"This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains"--

This unique book examines the role and impact of human rights norms in international courts other than human rights courts. It covers a whole range of courts and jurisdictions, looking at the practice of prominent international courts, such as the International Court of Justice and the International Criminal Court, as well as various fora of economic adjudication, including the World Trade Organisation, regional integration organisations in Europe and Africa, and investment arbitration. The book systematically explores the role of human rights norms at the International Tribunal for the Law of the Sea, thereby providing an insight into the future evolution of environmental law towards judicial enforcement at the international level. Within each jurisdiction under study, the respective authors, who all are experts within their fields, address the role of different categories of human rights, as well as the range of available modes of operation of human rights norms.

International courts and tribunals now operate globally and in several world regions, playing significant roles in international law and global governance. However, these courts vary significantly in terms of their practices, procedures, and the outcomes they produce. Why do some international courts perform better than others? Which factors affect the outcome of these courts and tribunals? The Performance of International Courts and Tribunals is an interdisciplinary study featuring approaches, methods and authorship from law and political science, which proposes the concept of performance to describe the processes and outcomes of international courts. It develops a framework for evaluating and explaining performance by offering a broad comparative analysis of international courts, covering several world regions and the areas of trade, investment, the environment, human rights and criminal law, and offers interdisciplinary accounts to explain how and why international court performance varies.