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International Human Rights Law: Theory and Practice

International Human Rights Law: Theory and Practice

  • 作者:
  • 出版商: Springer-Verlag
  • ISBN: 9783030770341
  • 出版时间 October 2022
  • 规格: Paperback
  • 适应领域: Switzerland ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    This textbook provides a thorough and systematic overview of human rights law, including the most relevant practice and case law, but also dealing with theoretical issues. It pursues an original approach, seeking to reconcile its didactic purpose with a scientific one, positing that there must be a necessary synergy between these two purposes. Furthermore, the author is convinced that international human rights law should not be studied (as is done in virtually every textbook) as a special legal regime, separate and autonomous from the overall system of international law; but as a regime that is fully integrated into the international legal order.

    The book's dominant theme is the interrelationship of international human rights law and general international law. Following this approach, the author has chosen to devote comparatively little content to institutional issues (Part IV) and to instead more intensively explore the structural impact of human rights law on the entire international order (Part I); on the sources (Part II) and obligations (Part III) of general international law; and what constitutes "fundamental" human rights (Part V), without neglecting other rights (Part VI).

  • Part I - Human rights in the international legal system:
    1.
    The foundation and historical development of international human rights
    2.
    The impact of human rights on international law
    Part II - International sources:
    3.
    General international law
    4.
    Treaties
    5.
    Sources envisaged in international treaties
    6.
    Soft law
    Part III - International obligations:
    7.
    Personal scope of obligations
    8.
    Content and nature of the obligations. Various categories and their validity
    9.
    Spatial scope of obligations
    Part IV - Conventional human rights systems: treaties, organs and procedures
    10.
    The United Nations system
    11.
    The European system of human rights
    12.
    Other regional human rights systems
    Part V - "Fundamental" human rights:
    13.
    Distinctions between human rights categories
    14.
    Protection of life and physical integrity of the person
    15.
    Protection of basic needs and subsistence rights of the person
    16.
    Protection of liberty and security of the person
    18.
    Protection of the essential identity of the person
    19.
    Protection of the will and identity of peoples
    Part VI - Other human rights:
    20.
    Protection of private and family life
    21.
    Protection of intellectual and cultural activities
    22.
    Protection of political activities
    23.
    Protection of economic activities
    24.
    Protection of freedom of movement
    25.
    Collective human rights and political objectives of the international community

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