The International Law of Human Rights and States of Exception: with special reference to the travaux preparatoiresand case-law of the international monitoring organs

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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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Editorial Reviews

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'This is an important study on the subject deserving of attention by those interested in the study of international human rights law.'
Daniel Turack, The International Journal of Human Rights, 4:2.
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Product Details

Table of Contents

Abbreviations. Terminology. General Introduction. Part I: Emergency Powers in a Historic Perspective. 1. Public Emergencies Yesterday and Today. Part II: A Basic Legal Framework for Considering Limitations on Human Rights. 2. The Principle of Legality. 3. The Principle of a Democratic Society. 4. The Notions of National Security and Public Order. Part III: The Notion of Public Emergency in the International Law of Human Rights. 5. The Notion of Public Emergency at the Universal Level. 6. The Notion of Public Emergency in the Americas. 7. The Notion of Public Emergency in Europe. 8. The International Labour Conventions and the Notion of Public Emergency. Part IV: The Non-Derogable Obligations in the International Law of Human Rights. 9. The Non-Derogable Obligations under the International Covenant on Civil and Political Rights. 10. The Non-Derogable Obligations under the American Convention on Human Rights. 11. The Non-Derogable Obligations under the European Convention on Human Rights. Part V: Remaining Conditions for the Lawful Derogation from the International Law of Human Rights. 12. The Condition of Strict Necessity. 13. The Condition of Consistency with Other International Legal Obligations. 14. The Prohibition of Discrimination. 15. The Condition of International Notification. General Conclusions. Bibliography. Index.
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