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Introduction to International Human Rights Law
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ISBN: 9789462655638 9789462655621 9789462655645 9789462655652 Year: 2023 Publisher: The Hague T.M.C. Asser Press

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Abstract

This book offers a compact but general introduction to international human rights law. It discusses the theoretical, historical and legal foundations of international human rights law, providing an encompassing analysis of the substantive content of the most important human rights and of the role of States and non-State actors in ensuring their respect. It also carries out a specific analysis of the UN system and the ECHR and other regional systems – all this while constantly situating the discussion on international human rights law within the broader framework of public international law. While particularly suitable for undergraduate students in law, this book is also aimed at students of political science and other social sciences, as well as academics and practitioners. Pietro Pustorino is Full Professor of International Law at the Department of Law of Luiss University (Rome, Italy) and Director of the Luiss Center for International and Strategic Studies.


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Diplomatic Asylum : Exploring a Legal Basis for the Practice Under General International Law
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ISBN: 9783030730468 9783030730475 9783030730482 9783030730451 Year: 2021 Publisher: Cham Springer International Publishing

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Following the vexed codification attempts of the International Law Commission and the relevant jurisprudence of the International Court of Justice, this book addresses the permissibility of the practice of diplomatic asylum under general international law. In the light of a wealth of recent practice, most prominently the case of Julian Assange, the main objective of this book is to ascertain whether or not the practice of granting asylum within the premises of the diplomatic mission finds foundation under general international law. In doing so, it explores the legal framework of the Vienna Convention on Diplomatic Relations 1961, the regional treaty framework of Latin America, customary international law, and a possible legal basis for the practice on the basis of humanitarian considerations. In cases where the practice takes place without a legal basis, this book aims to contribute to bridging the legal lacuna created by the rigid nature of international diplomatic law with the absolute nature of the inviolability of the mission premises facilitating the continuation of the practice of diplomatic asylum even where it is without legal foundation. It does so by proposing solutions to the problem of diplomatic asylum. This book also aims to establish the extent to which international law relating to diplomatic asylum may presently find itself within a period of transformation indicative of both a change in the nature of the practice as well as exploring whether recent notions of humanity are superseding the traditional fundaments of the international legal system in this regard.


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Legal Issues of International Law from a Gender Perspective
Authors: --- ---
ISBN: 9783031134593 9783031134586 9783031134609 9783031134616 Year: 2023 Publisher: Cham Springer International Publishing

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This book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognize certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system. Accordingly, the book provides detailed explanations of the EU's external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of women's participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia. The book critically reconsiders the dominant molds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives.

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