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International Heritage Law for Communities: Exclusion and Re-Imagination (Cultural Heritage Law and Policy)

This book critically engages the shortcomings of the field of international heritage law, seen through the lenses of the five major UNESCO treaties for the safeguarding of different types of heritage. It argues that these five treaties have effectively prevented local communities, who bear the brunt of the costs associated with international heritage protection, from having a say in how their heritage is managed. The exclusion of local communities often alienates them not only from international decision-making processes but also from their cultural heritage itself, ultimately meaning that systems put in place for the protection of cultural heritage contribute to its disappearance in the long term. International Heritage Law for Communities adds to existing literature by looking at these UNESCO treaties not as isolated regimes, but rather as belonging to a discursive continuum on cultural heritage. In doing so, the book focuses on themes that cut across the relevant UNESCO regimes like the use of expert rule in international heritage law, economics, the relationship between heritage and the environment, among others, rather than the regimes themselves. It uses this mechanism to highlight the blind spots and unintended consequences of UNESCO treaties and how choices made in their drafting have continuing and potentially negative impacts on how we think about and safeguard heritage.

International Housing Market Experience and Implications for China (Routledge Studies in International Real Estate)

Recent rapid housing market expansion in China is presenting new challenges for policy makers, planners, business people, and citizens. Now that housing in middle-income China is driven by consumer choices and is no longer dominated by state policy decisions, housing policy issues in Chinese cities are becoming increasingly similar to those encountered in other global housing markets. With soaring prices and imbalances in housing supply favoring high income groups and housing demand driven by rising inequality in household incomes, many middle and lower-income households face worsening choices in terms of the quality and location of their housing as well as greater financial difficulties, which together can have negative implications for standards of public health. This book examines the impact of these changes on the general population, as well as on aspiring homeowners and developers. The contributors look at the effect on the widening of wealth gaps, slower economic growth, and threats to political and social stability. Though focusing on China, the editors also present discussions of specific policy design challenges encountered in Australia, Japan, Korea, the Netherlands, the Nordic countries, Singapore, Taiwan, the UK, and the US. This book would be of interest to housing policy makers, as well as academics who are studying the social and political effects of the Chinese housing market.

International Housing Market Experience and Implications for China (Routledge Studies in International Real Estate)

Recent rapid housing market expansion in China is presenting new challenges for policy makers, planners, business people, and citizens. Now that housing in middle-income China is driven by consumer choices and is no longer dominated by state policy decisions, housing policy issues in Chinese cities are becoming increasingly similar to those encountered in other global housing markets. With soaring prices and imbalances in housing supply favoring high income groups and housing demand driven by rising inequality in household incomes, many middle and lower-income households face worsening choices in terms of the quality and location of their housing as well as greater financial difficulties, which together can have negative implications for standards of public health. This book examines the impact of these changes on the general population, as well as on aspiring homeowners and developers. The contributors look at the effect on the widening of wealth gaps, slower economic growth, and threats to political and social stability. Though focusing on China, the editors also present discussions of specific policy design challenges encountered in Australia, Japan, Korea, the Netherlands, the Nordic countries, Singapore, Taiwan, the UK, and the US. This book would be of interest to housing policy makers, as well as academics who are studying the social and political effects of the Chinese housing market.

International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders

International human rights law grants individuals both rights and responsibilities. In this respect international criminal and international humanitarian law are no different. As members of the public international law family they are charged with the regulation, maintenance and protection of human dignity. The right and duty to disobey manifestly illegal orders traverses these three schools of public international law. This book is the first systematic study of the right to conscientious objection under international human rights law. Understanding that rights and duties are not mutually exclusive but complementary, this study analyses the right to conscientious objection and the duties of individuals under international law from various perspectives of public international law.

International Human Rights: Perspectives From Ireland

International Human Rights: Perspectives from Ireland examines Ireland's engagement with, and influence of, the international human rights regime.International human rights norms are increasingly being taken into account by legislators, courts and public bodies in taking decisions and implementing actions that impact on human rights. Featuring chapters by leading Irish and international academic experts, practitioners and advocates, the book combines theoretical as well as practical analysis and integrates perspectives from a broad range of actors in the human rights field.

International Human Rights and Local Courts: Human Rights Interpretation in Indonesia (Routledge Research in Human Rights Law)

This book addresses the technicalities of how international human rights law can be applied at the domestic level through a case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries’ role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia.

International Human Rights and Local Courts: Human Rights Interpretation in Indonesia (Routledge Research in Human Rights Law)

This book addresses the technicalities of how international human rights law can be applied at the domestic level through a case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries’ role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia.

International Human Rights Institutions, Tribunals, and Courts (International Human Rights Ser.)

International Human Rights Law

Written by leading experts in the field, this compelling textbook explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. A variety of perspectives bring this multifaceted and sometimes contentious subject to life, making International Human Rights Law the ideal companion for students of human rights. Digital formats This fourth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

International Human Rights Law: Theory and Practice

This textbook provides a thorough and systematic overview of human rights law, including the most relevant practice and case law, but also dealing with theoretical issues. It pursues an original approach, seeking to reconcile its didactic purpose with a scientific one, positing that there must be a necessary synergy between these two purposes. Furthermore, the author is convinced that international human rights law should not be studied (as is done in virtually every textbook) as a special legal regime, separate and autonomous from the overall system of international law; but as a regime that is fully integrated into the international legal order. The book’s dominant theme is the interrelationship of international human rights law and general international law. Following this approach, the author has chosen to devote comparatively little content to institutional issues (Part IV) and to instead more intensively explore the structural impact of human rights law on the entire international order (Part I); on the sources (Part II) and obligations (Part III) of general international law; and what constitutes “fundamental” human rights (Part V), without neglecting other rights (Part VI).

International Human Rights Law: Cases, Materials, Commentary

International Human Rights Law

Illustrating the scope of this fascinating and wide-reaching subject to the student, this clear and concise text gives a broad introduction to international human rights law. Coverage includes regional systems of protection, the role of the UN, and a variety of substantive rights. The author skilfully guides students through the complexities of the subject, and then prepares them for further study and research. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. Digital formats and resources The tenth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources that support the book contain links to the full cases referenced at the end of each chapter as well as a list of annotated web links to aid further study.

International Human Rights Law

Illustrating the scope of this fascinating and wide-reaching subject to the student, this clear and concise text gives a broad introduction to international human rights law. Coverage includes regional systems of protection, the role of the UN, and a variety of substantive rights. The author skilfully guides students through the complexities of the subject, and then prepares them for further study and research. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. Digital formats and resources The tenth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources that support the book contain links to the full cases referenced at the end of each chapter as well as a list of annotated web links to aid further study.

International Human Rights Law

Illustrating the scope of this fascinating and wide-reaching subject to the student, this clear and concise text gives a broad introduction to international human rights law. Coverage includes regional systems of protection, the role of the UN, and a variety of substantive rights. The author skilfully guides students through the complexities of the subject, and then prepares them for further study and research. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter.

International Human Rights Law and Destitution: An Economic, Social and Cultural Rights Perspective (Routledge Research in Human Rights Law)

This book explores destitution from the perspective of International Human Rights Law and, more specifically, Economic, Social and Cultural Rights. The experience of destitution correlates to the non-realisation of a range of economic, social and cultural rights. However, destitution has not been defined from this perspective. Consequently, the nexus between destitution and the denial of economic, social and cultural rights remains unrecognised within academia and policy and practice. This book expressly addresses this issue and in so doing renders the nexus between destitution and the non-realisation of these rights visible. The book proposes a new human-rights-based definition of destitution, composed of two parts. The rights which must be realised– the component rights – and the level of realisation of these rights which must be met – the destitution threshold – to avoid destitution. This human rights-based understanding of destitution is then applied to a UK case study to highlight the relationship between government policy and destitution, to illustrate how destitution manifests itself, and to make recommendations – founded upon engendering the realisation of economic, social and cultural rights – aimed towards addressing destitution. This book will have global and cross-sectoral appeal to anti-poverty advocates, policy makers, as well as to researchers, academics and students in the fields of human rights law, poverty studies, and social policy.

International Human Rights Law and Destitution: An Economic, Social and Cultural Rights Perspective (Routledge Research in Human Rights Law)

This book explores destitution from the perspective of International Human Rights Law and, more specifically, Economic, Social and Cultural Rights. The experience of destitution correlates to the non-realisation of a range of economic, social and cultural rights. However, destitution has not been defined from this perspective. Consequently, the nexus between destitution and the denial of economic, social and cultural rights remains unrecognised within academia and policy and practice. This book expressly addresses this issue and in so doing renders the nexus between destitution and the non-realisation of these rights visible. The book proposes a new human-rights-based definition of destitution, composed of two parts. The rights which must be realised– the component rights – and the level of realisation of these rights which must be met – the destitution threshold – to avoid destitution. This human rights-based understanding of destitution is then applied to a UK case study to highlight the relationship between government policy and destitution, to illustrate how destitution manifests itself, and to make recommendations – founded upon engendering the realisation of economic, social and cultural rights – aimed towards addressing destitution. This book will have global and cross-sectoral appeal to anti-poverty advocates, policy makers, as well as to researchers, academics and students in the fields of human rights law, poverty studies, and social policy.

International Human Rights Law and Diplomacy (Principles of International Law series)

This incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades’ experience in the field. Taking a comprehensive approach, chapters cover the treatment of human rights in all major cultures, religions, ideologies and global regions and assess the competence of all relevant international institutions. The book investigates the idea of human rights relativism and allegations of hypocrisy and double standards, as well as illuminating the diplomatic methods employed by nations wishing to evade human rights obligations. It also analyses the place of the law within the United Nations and regional human rights systems, along with compliance and enforcement mechanisms, and examines two emerging dimensions of human rights: in cyberspace and at sea. Students and scholars of human rights across the fields of law, politics and international relations will find this unique book invaluable. Its concise, accessible style will also make it useful reading for government officials, those working for NGOs and members of the public with an interest in human rights.

International Human Rights Law And Practice

Human rights law is a complex but compelling subject that fascinates, but often confuses, students. International Human Rights Law and Practice explores the subject from a theoretical and practical perspective, guiding students to a rich understanding of the law. The second edition has been fully revised and updated, including two new chapters on children's rights and international criminal law, and new sections on a variety of topics, including the right to equality, the protection of refugees and the effect of foreign investment and sovereign debt on the enjoyment of human rights. In addition, new case studies and interviews with practitioners, NGO activists and policymakers show how theory is applied in real life. Student learning is supported by questions to stimulate seminar discussion and further reading sections that encourage independent study. The authors' clear and engaging writing style ensures that this new edition will continue to be required reading for all students of human rights law.

International Human Rights Law and Practice (PDF)

This unique textbook merges human rights law with its practice, from the courtroom to the battlefield. Human rights are analysed in their particular context, and the authors assess, among other things, the impact of international finance, the role of NGOs, and the protection of rights in times of emergency, including the challenges posed by counter-terrorism. In parallel, a series of interviews with practitioners, case studies and practical applications offer multiple perspectives and challenging questions on the effective implementation of human rights. Although the book comprehensively covers the traditional areas of international human rights law, including its regional and international legal and institutional framework, it also encompasses, through distinct chapters or large sections, areas that have a profound impact on human rights worldwide, such as women's rights, human rights and globalisation, refugees and migration, human rights obligations of non-state actors, debt and human rights, and others.

International Human Rights Law And Practice (PDF)

Human rights law is a complex but compelling subject that fascinates, but often confuses, students. International Human Rights Law and Practice explores the subject from a theoretical and practical perspective, guiding students to a rich understanding of the law. The second edition has been fully revised and updated, including two new chapters on children's rights and international criminal law, and new sections on a variety of topics, including the right to equality, the protection of refugees, and the effect of foreign investment and sovereign debt on the enjoyment of human rights. In addition, new case studies and interviews with practitioners, NGO activists and policymakers show how theory is applied in real life. Student learning is supported by questions to stimulate seminar discussion and further reading sections that encourage independent study. The authors' clear and engaging writing style ensures that this new edition will continue to be required reading for all students of human rights law. 9781107562110

International Human Rights Law And Practice (PDF)

Human rights law is a complex but compelling subject that fascinates, but often confuses, students. International Human Rights Law and Practice explores the subject from a theoretical and practical perspective, guiding students to a rich understanding of the law. The second edition has been fully revised and updated, including two new chapters on children's rights and international criminal law, and new sections on a variety of topics, including the right to equality, the protection of refugees, and the effect of foreign investment and sovereign debt on the enjoyment of human rights. In addition, new case studies and interviews with practitioners, NGO activists and policymakers show how theory is applied in real life. Student learning is supported by questions to stimulate seminar discussion and further reading sections that encourage independent study. The authors' clear and engaging writing style ensures that this new edition will continue to be required reading for all students of human rights law.

International Human Rights Law and Structural Discrimination: The Example of Violence against Women (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht #280)

International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.

International Human Rights Law and the Framework Convention on Tobacco Control: Lessons from Africa and Beyond (Routledge Research in Health Law)

This book reviews the challenges and opportunities in the implementation of the WHO Framework Convention on Tobacco Control (FCTC) at the regional and national levels in Africa. It contains an analysis of the relevant norms and monitoring mechanisms at the regional level, and case studies from selected African and other developing countries. The WHO has noted that tobacco use or exposure to tobacco is a major health risk factor for non-communicable diseases (NCDs). This volume highlights the importance of taking measures to control tobacco use in Africa with a view to preventing these risks. With contributions from experts from the Global South, the book provides a critical analysis of the role that human rights can play in mitigating the impact of tobacco use and NCDs, and the implementation of the FCTC. The book contains a systematic and in-depth analysis of how efforts to realise the right to health under international and regional law can help to address the incidence of tobacco use in the developing world. The collection will be an important resource for academics, researchers and policymakers working in the areas of public health law and international human rights.

International Human Rights Law and the Framework Convention on Tobacco Control: Lessons from Africa and Beyond (Routledge Research in Health Law)

This book reviews the challenges and opportunities in the implementation of the WHO Framework Convention on Tobacco Control (FCTC) at the regional and national levels in Africa. It contains an analysis of the relevant norms and monitoring mechanisms at the regional level, and case studies from selected African and other developing countries. The WHO has noted that tobacco use or exposure to tobacco is a major health risk factor for non-communicable diseases (NCDs). This volume highlights the importance of taking measures to control tobacco use in Africa with a view to preventing these risks. With contributions from experts from the Global South, the book provides a critical analysis of the role that human rights can play in mitigating the impact of tobacco use and NCDs, and the implementation of the FCTC. The book contains a systematic and in-depth analysis of how efforts to realise the right to health under international and regional law can help to address the incidence of tobacco use in the developing world. The collection will be an important resource for academics, researchers and policymakers working in the areas of public health law and international human rights.

International Human Rights Monitoring Mechanisms: A Study of Their Impact in the UK (Elgar Studies in Human Rights)

Brice Dickson examines the engagement of the United Kingdom with international human rights monitorin1g mechanisms, in particular those operated by the United Nations and the Council of Europe since 2000. Dickson explores how these mechanisms work in practice and whether they have any identifiable impact on how human rights are protected in the UK.By analysing the role that monitoring mechanisms are meant to play in enforcing human rights standards, and the UK's commitment to that role, Dickson considers in turn the work of general monitoring mechanisms, mechanisms focused on civil and political rights or on social and economic rights, and mechanisms assessing discrimination based on gender, race, age or disability. The book demonstrates that, while monitoring mechanisms certainly play a crucial role in holding the UK government to account, crediting them with enhancing the protection of any specific right is problematic.Providing a comprehensive study of the operation of international human rights monitoring mechanisms, this book will be an insightful resource for human rights law students and scholars, particularly those concerned with civil, social and non-discrimination rights. Academics interested in public international law and politics will also benefit from this text.