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The universal protection of human rights remains the core challenge of the United Nations if it is to achieve its mission of a world of peace, development and justice. Yet, at a time of seismic changes in the world, when shocking violations of human rights are taking place world-wide, the UN human rights system is in need of urgent modernization. This book, written by a foremost scholar-practitioner who previously exercised the functions of UN High Commissioner for Human Rights, advances a series of ideas to modernize the UN protection system. Among a dozen key proposals are that the UN human rights system should help alleviate the plight of the poorest, pay greater attention to the national protection system of each country, and establish a World Court on Human Rights that can deal with countries which grievously violate human rights. Unlike other texts that have focused on those topics, this book not only provides comprehensive analysis but, crucially, offers practical and workable solutions based on the author's significant expertise and experience. Scholars, practitioners, and students of international human rights will benefit immensely from its analysis, insights, perspectives, and proposals. It is a salutary contribution on the 75th anniversary of the UN (2020).
This book contends that civil society must mobilize its capacities to bring a new will to national and international politics and oblige governments to act. It starts by demonstrating the need for institutional change at the UN and then shows how, both in the past and the present, leading individuals and nongovernmental organizations, using their knowledge base and their organizational networks, have lead the fight for international organizations. After a summary of major UN reform proposals over the years, the book concludes by identifying leading global “reformers” and elaborating a detailed plan for a global reform movement to spearhead the modernization of the UN system.
This book discusses the future role of the International Court of Justice (ICJ) in a world facing survival challenges. It discusses threats such as climate change, environmental degradation and pandemics, and argues that in the future the ICJ will need to carry out judicial, security and protection functions as it is the only organ of the United Nations (UN) that can discharge such functions in view of its independence and expertise. The author proposes that the ICJ can apply a hitherto unused jurisdictional provision in Article 36 of its statute that allows it to deal with "All Matters Specially Provided for in the UN Charter" and presents three examples of issues that would require the urgent attention of the ICJ: vaccine equity in a global pandemic, climate disaster, and mass movements of people across frontiers due to climate change and environmental degradation. Bertrand Ramcharan (Guyana) is a Barrister-at-Law of Lincoln’s Inn with a Doctorate in international law from the London School of Economics (LSE) and the Diploma in International Law of the Hague Academy of International Law. He was LSE International Law Scholar and has been Commissioner of the International Commission of Jurists and a Member of the Permanent Court of Arbitration. He has also been Director of the Research Centre of the Hague Academy of International Law (The Right to Life), Professor at the Geneva Graduate Institute, and Chancellor of the University of Guyana. He is a former Chief speech-writer of the UN Secretary-General, and has performed the functions of UN High Commissioner for Human Rights. His doctoral thesis was on the approach of the International Law Commission to the codification and progressive development of international law.
This book explores how the structures of international organizations have become increasingly complex and considers why states choose to become part of networks of international organizations alongside non-state actors. While granting participation rights to non-state actors, states have been actively involved in establishing complex ties with them. International organizations, in their turn, have enhanced the sustainment of complex networks. The author argues that the involvement in networks of international organizations provides better capacities in communication. Thus, being a governmental or non-governmental entity, an actor tends to occupy the beneficial structural positions of a leader, connecting to as many actors as possible; or a broker bridging isolated subgroups within a network. Through a study of the UN Human Rights Council (HRC) and the respective diplomatic, institutional, and organizational networks that participate in it, he explores the most visible stakeholders, the institutional setting of the HRC, and the multilateral negotiations on the prevention of human rights violations in 2010-2019. The volume will appeal to scholars, students and practitioners interested in the international organisations, networks, foreign policy, the United Nations and the Human Rights Council.
The twenty-first century is seeing a battle of ideas between different conceptions of governance: people-centred and party-centred. At the same time, scientific and technological developments are posing new challenges for human rights. This book identifies new dimensions in the international protection of human rights and makes the case for a new human rights diplomacy focusing on enlarging the area of common ground among governments and enhancing national human rights protection systems.
The production of ‘human waste’ – or more precisely, wasted lives, the ‘superfluous’ populations of migrants, refugees and other outcasts – is an inevitable outcome of modernization. It is an unavoidable side-effect of economic progress and the quest for order which is characteristic of modernity. As long as large parts of the world remained wholly or partly unaffected by modernization, they were treated by modernizing societies as lands that were able to absorb the excess of population in the ‘developed countries’. Global solutions were sought, and temporarily found, to locally produced overpopulation problems. But as modernization has reached the furthest lands of the planet, ‘redundant population’ is produced everywhere and all localities have to bear the consequences of modernity’s global triumph. They are now confronted with the need to seek – in vain, it seems – local solutions to globally produced problems. The global spread of the modernity has given rise to growing quantities of human beings who are deprived of adequate means of survival, but the planet is fast running out of places to put them. Hence the new anxieties about ‘immigrants’ and ‘asylum seekers’ and the growing role played by diffuse ‘security fears’ on the contemporary political agenda. With characteristic brilliance, this new book by Zygmunt Bauman unravels the impact of this transformation on our contemporary culture and politics and shows that the problem of coping with ‘human waste’ provides a key for understanding some otherwise baffling features of our shared life, from the strategies of global domination to the most intimate aspects of human relationships.
This book offers a fresh approach to human rights by analyzing the role of institutional checks and balances, governmentalism and system's approach, intended for the prevention of human rights violations, the enforcement of human rights norms and rules, and important actors such as International Non-Governmental Organizations (INGO), and domestic Non-Governmental Organizations (NGOs). The book presents case studies that offer innovative, political, historical, and social perspectives on how the International Human Rights Regime (IHRG) is practiced. It critically examines the interpretation, inconsistency, and application of the human rights norms in the Global South, and shows how the national mobilization of human rights is directly affected by the interdependence existing between the national and the transnational levels. This book will be of key interest to scholars, students, and practitioners of human rights, and more broadly of comparative politics, international law, global governance, international and nongovernmental organizations.
A collection of United Nations documents associated with the drafting of the Universal Declaration of Human Rights, these volumes facilitate research into the scope of, meaning of and intent behind the instrument's provisions. It permits an examination of the various drafts of what became the thirty articles of the Declaration, including one of the earliest documents – a compilation of human rights provisions from national constitutions, organised thematically. The documents are organised chronologically and thorough thematic indexing facilitates research into the origins of specific rights and norms. It is also annotated in order to provide information relating to names, places, events and concepts that might have been familiar in the late 1940s but are today more obscure.
The sixth edition of Public International Law continues the book’s accessible, student-friendly tradition with a writing style that is both conversational and easy to read. Uniquely both a textbook and a casebook, the facts of each case and the details of decisions are succinctly set out, followed by detailed commentary and, where appropriate, a brief explanation of subsequent events. Fully up to date with all recent developments, the sixth edition covers the major areas of public international law and examines the leading cases of the International Court of Justice and other international courts and tribunals, whilst paying attention to judgments of national courts, including the UK Supreme Court, the US Supreme Court, and courts of many other countries when they make challenging or novel contributions to international law. Features designed to support learning include highlighted key cases, introductory chapter overviews and concise outlines, and recommended further reading. New to this edition are study boxes which apply public international law to recent events and examine controversial legal issues in a constructive way, including the ongoing armed conflict between Russia and Ukraine, the murder of Jamal Khashoggi, and the judicial battle of Julian Assange. Diagrammatic aides-mémoires at the end of each chapter have also been updated to further summarise topics covered in that chapter. This book is an ideal learning tool for students of law or political science, practitioners, and legal advisors and provides a clear and straightforward overview for anyone with an interest in international law.