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Book
La notion d'urgence en droit international
Authors: ---
ISBN: 2284005608 Year: 1998 Publisher: Villeneuve d'Ascq : Presses Universitaires du Septentrion,

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Abstract

The international law of human rights and states of exception: with special reference to the travaux préparatoires and case-law of the international monitoring organs
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ISBN: 9041110216 9004479317 9789041110213 9789004479319 Year: 1998 Volume: 54 Publisher: The Hague Nijhoff

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Abstract

This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.

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