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In Defense of Politicization of Human Rights: The UN Special Procedures constitutes the first comprehensive study of the United Nations Special Procedures, covering their history, methods of work, institutional status, relationship with other politically driven organs, and processes affecting their development. Special Procedures have existed since 1967, nearly as long as United Nations Treaty Bodies, but have received only fragmented analysis, normally focused on a few thematic mandates, until the creation of the Human Rights Council in 2006. In seeking to debunk commonly held views about the role of politics in human rights at international level, In Defense of Politicization of Human Rights constitutes the first comprehensive study of the United Nations Special Procedures as a system covering their history, methods of work, institutional status, relationship with other politically driven organs, and processes affecting their development. The perspective chosen to analyze the human rights mechanisms most vulnerable to political decisions determining their creation, renewal and operationalization, casts a new light on the extent to which these remain the cornerstone of global accountability in protecting the inherent dignity and worth of individuals as well as groups. International human rights mechanisms' efficiency is normally linked to the work of independent experts keen to push the boundaries of accountability against recalcitrant States determined to defend their sovereignty. As a corollary, progress in this field is associated to the creation and maintenance of political free spaces. Another common presumption is a belief in a differentiated 'North' versus 'South' approach to the promotion and protection of human rights, that find common ground within the prevalent human rights discourses repeated by governmental and non-governmental actors. Through the lenses of the United Nations Special Procedures, In Defense of Politicization of Human Rights challenges these and other presumptions informing doctrinal studies, policies and strategies to advance international human rights. Because of the Special Procedures' growing salience and impact in the world of international human rights, this book is likely to become required reading for any student or practitioner of international human rights.
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 author presided over the Nuclear Non-Proliferation Treaty Review and Extension Conference (NPTREC) in 1995, which decided to extend the treaty indefinitely. The conference also reviewed the performance of the treaty over the 1990-1995 period. This book is an analytical record of a major multilateral conference, involving 175 countries, that succeeded in adopting final decisions without a vote. With the 2005 review taking place in May 2005, amid major concerns over non-adherence to the treaty and non-disclosure by several states, this is a relevant dissection of elements that can lead to successful outcomes in such multilateral conferences.
This work gathers together for the first time in a single publication the records of the multitude of meetings which, in the context of the newly established United Nations, led to the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide on 9 December 1948. This work will enable academics and practitioners easy access to the Genocide Convention’s travaux préparatoires – an endeavour that has until now proven extremely difficult. This work will be of paramount importance for the international adjudication of the crime of genocide insofar as recourse to the “general rule of interpretation” and the “supplementary means of interpretation” under the 1969 Vienna Convention on the Law of Treaties is concerned.
Note: This is the original 2012 report. An updated 2014 law review article is available as 1 Tex. A&M. L. Rev. 411. This report provides the most comprehensive discussion to date of whether so-called automated, autonomous, self-driving, or driverless vehicles can be lawfully sold and used on public roads in the United States. The short answer is that the computer direction of a motor vehicle's steering, braking, and accelerating without real-time human input is probably legal. The long answer, contained in the report, provides a foundation for tailoring regulations and understanding liability issues related to these vehicles. The report's largely descriptive analysis, which begins with the principle that everything is permitted unless prohibited, covers three key legal regimes: the 1949 Geneva Convention on Road Traffic, regulations enacted by the National Highway Traffic Safety Administration (NHTSA), and the vehicle codes of all fifty US states. The Geneva Convention, to which the United States is a party, probably does not prohibit automated driving. The treaty promotes road safety by establishing uniform rules, one of which requires every vehicle or combination thereof to have a driver who is "at all times ... able to control" it. However, this requirement is likely satisfied if a human is able to intervene in the automated vehicle's operation. NHTSA's regulations, which include the Federal Motor Vehicle Safety Standards to which new vehicles must be certified, do not generally prohibit or uniquely burden automated vehicles, with the possible exception of one rule regarding emergency flashers. State vehicle codes probably do not prohibit-but may complicate-automated driving. These codes assume the presence of licensed human drivers who are able to exercise human judgment, and particular rules may functionally require that presence. New York somewhat uniquely directs a driver to keep one hand on the wheel at all times. In addition, far more common rules mandating reasonable, prudent, practicable, and safe driving have uncertain application to automated vehicles and their users. Following distance requirements may also restrict the lawful operation of tightly spaced vehicle platoons. Many of these issues arise even in the three states that expressly regulate automated vehicles. The primary purpose of this report is to assess the current legal status of automated vehicles. However, the report includes draft language for US states that wish to clarify this status. It also recommends five near-term measures that may help increase legal certainty without producing premature regulation. First, regulators and standards organizations should develop common vocabularies and definitions that are useful in the legal, technical, and public realms. Second, the United States should closely monitor efforts to amend or interpret the 1969 Vienna Convention, which contains language similar to the Geneva Convention but does not bind the United States. Third, NHTSA should indicate the likely scope and schedule of potential regulatory action. Fourth, US states should analyze how their vehicle codes would or should apply to automated vehicles, including those that have an identifiable human operator and those that do not. Finally, additional research on laws applicable to trucks, buses, taxis, low-speed vehicles, and other specialty vehicles may be useful. This is in addition to ongoing research into the other legal aspects of vehicle automation.
This publication offers an account of the unfolding of political and civilian conflict in Mali and the efforts to contain it, and an analysis of which efforts to restore peace were effective and why. It also examines the role of the international community, especially the United Nations, in helping the Malian Government to restore peace and to re-integrate its disaffected populations and refugees back into civilian life.--Publisher's description.
More than 80 per cent of international trade in goods is carried by sea, and an even higher percentage of developing-country trade is carried in ships. This annual publication is an important source of information on this vital sector. It closely monitors developments affecting world seaborne trade, freight rates, ports, surface transport, and logistics services, as well as trends in ship ownership and control and fleet age, tonnage supply, and productivity. The Review contains a chapter on legal and regulatory developments and each year includes a chapter highlighting a different region.