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Cases.
This book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.
This monograph offers the first systematic overview of the protection of human rights in trade agreements in the Americas. Traditionally, trade agreements in the Americas were concerned with economic questions and paid little attention to human rights. However, in the wake of the 'new regionalism', which emerged at the end of the last century, more clauses addressing social issues such as labour rights and environmental standards were inserted in trade agreements. As economic integration increased, a framework for the protection of human rights evolved. This book argues that this framework allows for human rights protection on a transnational level, while constructing regional identities. Looking at the four key regional integration processes, namely the Caribbean Community, the Central American Integration System, the Andean Community of Nations and the Southern Common Market, and also at the North American Free Trade Agreement, it shows how the integration process has reached a considerable degree of consolidation. Writing on key sources in English for the first time, this book will be essential reading for all free trade and human rights scholars.
The series of volumes prepared by UNESCO for teaching human rights at higher education level comes to a successful conclusion with the publication of this volume. Human Rights: International Protection, Monitoring, Enforcement takes an institutional approach to the international protection of human rights, examining first the United Nations system, which may be seen as universal, and then analysing regional systems of protection. An indispensable source of information on the protection of human rights, the volume can also be employed as a practical guide to the use of existing procedures in the defence of human rights.
Cooperation through international organizations is fundamental to the international legal order. International organizations are nowadays ubiquitous and come in many different manifestations, each allowing for different levels of international cooperation. The profile of regional and universal organizations may vary greatly from one organization to another. At the same time, they do not live apart and this has led to the creation of a complex network of relationships. These relationships have seldom been the object of scholarship, and this book seeks to address that gap. In general, the relationships between international organizations can give rise to such issues as the conditions placed upon one organization by another, demarcations of competence, membership of other organizations, and various forms of collaboration involving the conclusion of agreements between organizations. Optimal coexistence, cooperation and coherence all play a role in optimizing the relations between international organizations. The volume concludes by analysing current challenges, including those of legal identity, responsibility and accountability, as well as making proposals for reform, such as through the development of a common law between organizations.
This volume derives from a series of lectures delivered as the `general course' at the Hague Academy of International law in July 1989. Like those lectures, this volume does not pretend to provide a complete treatise covering all international law. Rather, it offers a particular perspective on the principal subjects of traditional international law, elaborates new developments, and dares reexamine assumptions and premises. The book is built on three themes. The first addresses law as politics, and international law as the law of a political system, now comprised of more than 180 separate, independent states. The essential autonomy of states accounts for the political (as well as economic and cultural) heterogeneity in a pluralist and fragmented system, and international law as its common denominator of normative expression. A second theme explores change in international law as reflecting change in the values and purposes of the international political system. It traces the pursuit through law of the traditional ideal of the state system to secure every state's right to realize its own agenda through its own institutions, and the superimposed contemporary purpose to promote individual human rights and welfare in every society. The third theme perceives a movement in the law from `conceptualism' to `functionalism', from logical deduction out of abstract principles to pragmatic attention to practical needs and solutions to new and old human problems. Each of these themes dominates in several chapters but the other themes are not absent from any of them. Each will add a fresh perspective and contribute to understanding the nature and operation of international law in the international political system at the turn of a new century.