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The publication collects the contributions presented during the International Symposium of the Italian UNESCO Chairs (CONIUS) entitled Human Rights and Sustainable Development Goals 2030, which took place on 16 November 2018 at the University of Florence. The contributions of national and international experts address the Global Aims for Sustainable Development of the UNESCO including Sustainable Development Goals (SDGs) n. 3 Improvement of the 'Global Health', n. 4 'Quality Education', n. 11 'Cities and Inclusive Human Sett lements' and n. 16 'Peace and Justice', using transdisciplinary and transnational perspectives and implemented through theoretical studies and good practices.
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The Pursuit of a Brave New World in International Law presents critical perspectives on various inter-related themes in the areas of human rights, international law, terrorism and international criminal justice. The discussions reflect the wide-ranging subjects that John Dugard has engaged with over the last five decades as an international law scholar, teacher and judge. The essays pay homage to Professor Dugard’s impressive body of work as both a theorist and practitioner of international law and international human rights law. While some of the discussions in the volume critically examine his views, as expressed in his academic writings, judicial opinions and official United Nations reports, others deal with subjects that have been inspired by or are related to Dugard’s work. Contributors are: Neil Boister, Trevor P. Chimimba, James Crawford, David Dyzenhaus, Christopher Greenwood, Larissa van den Herik, Christof Heyns, Maurice Kamto, Tiyanjana Maluwa, Max du Plessis, Thomas Probert, Arnold Pronto, Philippe Sands, William A. Schabas, Ivan Shearer, Hennie Strydom, Mia Swart, Dire Tladi, Annemarieke Vermeer-Künzli and Abdulqawi Yusuf.
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This book combines legal and philosophical perspectives to address the question of whether states are bound by human rights when they act with effects on people abroad -- states' extraterritorial human rights obligations (EHRO).
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The traditional conception of security as national security against military threats has changed radically since the adoption of the UN Charter in 1945. The perceived nature and sources of threats have been widened as well as the objects of protection, now including individuals, societies, the environment as such and the whole globe. In International Law and Changing Perceptions of Security the contributors reflect on whether and how changing concepts and conceptions of security have affected different fields of international law, such as the use of force, the law of the sea, human rights, international environmental law and international humanitarian law. The authors of this book have been inspired by Professor Said Mahmoudi to which this Liber Amoricum is dedicated.
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The 2006 United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) is the first human rights treaty to explicitly acknowledge the right to education for persons with disabilities. In order to realize this right, the convention's Article 24 mandates state parties to ensure inclusive education systems that overcome outright exclusion as well as segregation in special education settings. Despite this major global policy change to tackle the discriminations persons with disabilities face in education, this has yet to take effect in most school systems worldwide. Focusing on the factors undermining the realization of disability rights in education, Julia Biermann probes current meanings of inclusive education in two contrasting yet equally challenged state parties to the UN CRPD: Nigeria, whose school system overtly excludes disabled children, and Germany, where this group primarily learns in special schools. In both countries, policy actors aim to realize the right to inclusive education by segregating students with disabilities into special education settings. In Nigeria, this demand arises from the glaring lack of such a system. In Germany, conversely, from its extraordinary long-term institutionalization. This act of diverting from the principles embodied in Article 24 is based on the steadfast and shared belief that school systems, which place students into special education, have an innate advantage in realizing the right to education for persons with disabilities. Accordingly, inclusion emerges to be an evolutionary and linear process of educational expansion that depends on institutionalized special education, not a right of persons with disabilities to be realized in local schools on an equal basis with others. This book proposes a refined human rights model of disability in education that shifts the analytical focus toward the global politics of formal mass schooling as a space where discrimination is sustained.
Children with disabilities --- International law and human rights. --- Education
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Is the neglect of economic, social and cultural abuses in international criminal law a problem of positive international law or the result of choices made by lawyers involved in mechanisms such as criminal prosecutions or truth commissions? Evelyne Schmid explores this question via an assessment of the relationship between violations of economic, social and cultural rights and international crimes. Based on a thorough examination of the elements of international crimes, she demonstrates how a situation can simultaneously be described as a violation of economic, social and cultural rights and as an international crime. Against the background of the emerging debates on selectivity in international criminal law and the role of socio-economic and cultural abuses in transitional justice, she argues that international crimes overlapping with violations of economic, social and cultural rights deserve to be taken seriously, for much the same reasons as other international crimes.
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"This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role governing the exercise of public power in international law and has been presented as the 'ultimate rule of law'"--
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This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level
International and municipal law --- International law and human rights --- Rule of law
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"Malekian introduces two new terms into the system of international criminal law. These are the law of somebodiness and the law of nobodiness. From the lowest to highest level of the provisions of international human rights law, international criminal law, and the Statute of the Permanent International Criminal Court, the philosophical assumption throughout is to preserve the heritage of the body of the law of somebodiness and prevent the imposition of the law of nobodiness. Individuals and groups, regardless of their ethnic composition, possess a certain universal united essence which should not be disregarded, and which should not put them in the position of nobodiness in the legislation of any state. Therefore, the law of somebodiness is the missing ingredient in our legal system, and its existence contributes to the collective good of humanity. The law contests any law which authorises the use of force, the production of weapons for war, or which grants permission to kill under any circumstance. In contrast, the law of nobodiness is a brutal law which violates the rights of human beings, and which may be used to conceal crimes and contribute to the deaths of millions of individuals by presenting the false truth in order to allow the monopolisation of economic resources, the rights of victims, property, and land. The unique and innovative principles of this book establish the right reason for justice in international legal and political disciplines"--
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