This introductory chapter introduces the book, which is on modern international human rights law. It also introduces key concepts in public international law to ensure those not familiar with that discipline understand sufficiently the relevant concepts in order to work successfully with international human rights. This chapter also outlines the structure of the book.
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Benjamin Bowling, Robert Reiner, and James Sheptycki
This chapter explores the impact of globalization on the architecture of policing, its organizational culture, priorities, and practices. Following a discussion of the context of the globalization of the economy, communications, and governance, the chapter examines the growth in the power and scope of transnational policing and its emergence as a field of study. The chapter explores the development of global policing organizations (such as Interpol and UNPOL), regional policing agencies (such as Europol), and the development of national hubs (such as the UK National Crime Agency). It explores the role of foreign police agencies acting abroad, the emergence of the overseas liaison officer as a policing specialism, and how global developments are shaping local policing. The chapter concludes with an assessment of the impact of globalization on debates about national and local police capacity, accountability, and control.
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Hugh Thirlway
The International Court of Justice (ICJ), which is defined in the UN Charter as the ‘principal judicial organ’ of the United Nations, is a standing mechanism for the peaceful settlement of disputes between States. It may also give advisory opinions on the law, at the request of the Security Council and General Assembly, or of other UN organs and specialized agencies that are so authorized by the General Assembly. No dispute can be the subject of a decision of the Court unless the States parties to it have consented to the Court’s jurisdiction over that specific dispute. This chapter discusses the history, structure, and composition of the Court, the ways in which jurisdiction is conferred upon it, its procedure, and the nature and effect of decisions (judgments and advisory opinions) of the ICJ.
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Rhona K. M. Smith
International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skillfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. It discusses the United Nations; the United Nations’ organizational structure; regional protection of human rights; Europe; the Americas; Africa; key treaties and mechanisms for monitoring, implementing, and enforcing human rights; substantive rights; equality and non-discrimination; the right to life; freedom from torture; cruel, inhuman, and degrading treatment or punishment; the rights to liberty of person; equality before the law; the right to a fair trial; the right to self-determination; freedom of expression; the right to work; the right to education and human rights education; minority rights; and group rights.
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Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà
This chapter discusses the role of the United Nations (UN), covering the grand design of the post-Second World War period, the ideals of the primacy of international law, the goals and structure of the new organization, the principal achievements and failures, and the current role of the UN, particularly in light of the adoption in 2015 of the UN Sustainable Development Goals (SDGs)—a new Agenda in which all UN goals tend to come together. The chapter describes the functions and roles of the principal organs of the UN and the interplay between them. It argues that since the UN came into existence it has often failed in three areas: maintenance of peace and security, disarmament, and bridging the gap between industrialized and developing countries. On the other hand, progress was made in the area of self-determination of peoples and in promoting human rights, while in the area of economic co-operation, despite some progress, much more remains to be done. However, for all its deficiencies and in spite of the lack of vision of some of its Secretaries-General, the primary failings of the UN must be traced back to the States behind it, chiefly the Great Powers.
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International law is a description of an entire legal system: the international legal system. It is an international legal system by which legal rules are created in order to structure and organise societies and relationships. It acknowledges the influence of political, economic, social and cultural processes upon the development of legal rules. This chapter discusses the relevance of international law; the international community and international law; theories of international law; and the practice of international law.
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International law aims to regulate the use of force in two ways. First, it stipulates that there is a paramount obligation not to use force to settle disputes, with only limited exceptions; and second, it has at its disposal a procedure whereby the international community itself may use force against those using violence. These are known respectively as the rules on the ‘unilateral use of force’ and the rules of ‘collective security’, both of which are discussed in this chapter.
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This chapter examines the monitoring, implementation, and enforcement mechanisms of the United Nations, and discusses the reports system, the inter-State complaints system, and the individual complaints system. It describes the use of rapporteurs and special investigators; ancillary bodies; and some of the problems of the international human rights system.
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This chapter examines the work of the United Nations (UN) in the area of human rights. It discusses the evolution of human rights under the auspices of the UN as well as some of the early influences on human rights. The influence of the Nuremberg trials, the abolition of slavery, and the protection of vulnerable groups on the development of human rights protection law is discussed. Relevant institutions and bodies working under the auspices of the United Nations are discussed. The chapter also explains the functions and responsibilities of these bodies, and highlights the financial and personnel constraints that negatively affect the performance of their duties.
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Christine Gray
This chapter examines the law on the use of force. It discusses the UN Charter scheme; the Prohibition of the Use of Force in Article 2(4) of the UN Charter; intervention, civil wars, and invitation; self-defence; the use of force under Chapter VII of the UN Charter; UN peacekeeping; and regional action under Chapter VIII of the UN Charter. The UN Charter provisions on the use of force by States, Article 2(4) on the prohibition of force, and Article 51 on self-defence, have all caused fundamental divisions between States. There is disagreement as to whether the prohibition on force should be interpreted strictly or whether it allows humanitarian intervention, as in Kosovo. There is also disagreement over the scope of the right of self-defence. The response to the 9/11 terrorist attacks has led to a fundamental reappraisal of the law in this area.
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John Merrills
This chapter discusses the various methods available for the peaceful settlement of international disputes. These include diplomatic methods (negotiation, mediation, inquiry, and conciliation), and legal methods (arbitration, the International Court of Justice, other courts and tribunals, and the place of legal methods). The role of the United Nations and regional organizations is also considered.
Discussion covers the role of international law and its place in international relations, and dispute settlement generally. The text is illustrated with analysis of current and past disputes in which the various methods have been used—either successfully or unsuccessfully. The historical record shows first, that over the last two hundred years huge progress has been made in developing and refining the methods for handling international disputes, and secondly, that despite, or perhaps because of, differences between the various methods, their interaction and use in combination are often important factors in determining their effectiveness in practice.
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Dapo Akande
This chapter examines the legal framework governing international organizations. It begins with an examination of the history, role, and nature of international organizations. It is argued that although the constituent instruments and practices of each organization differ, there are common legal principles which apply to international organizations. The chapter focuses on the identification and exploration of those common legal principles. There is an examination of the manner in which international organizations acquire legal personality in international and domestic law and the consequences of that legal personality. There is also discussion of the manner in which treaties establishing international organizations are interpreted and how this differs from ordinary treaty interpretation. The legal and decision-making competences of international organizations are considered as are the responsibility of international organizations and their privileges and immunities. Finally, the chapter examines the structure and powers of what is the leading international organization—the United Nations (UN).
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This chapter examines the work of the United Nations (UN) in the area of human rights. It discusses the evolution of human rights under the auspices of the UN as well as some of the early influences on human rights. The influence of the Nuremberg trials, the abolition of slavery, and the protection of vulnerable groups on the development of human rights protection law are discussed. Relevant institutions and bodies working under the auspices of the United Nations are also discussed. The chapter explains the functions and responsibilities of these bodies and highlights the financial and personnel constraints that negatively affect the performance of their duties.
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This chapter examines the international system for monitoring the implementation of human rights within States. With a focus on the monitoring and enforcement mechanisms of the United Nations, the chapter covers the periodic State reports system, as well as both the inter-State and the individual complaints systems. Challenges with the systems are also considered. Furthermore, the chapter describes the role of rapporteurs and special investigations through commissions of inquiry and fact-finding missions, which are increasingly deployed by the UN. Other UN entities which contribute to the protection and promotion of rights and freedoms are also discussed.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom from discrimination, beginning with an overview of equality as a contested concept as well as formal and substantive forms of equality, and then examines the United Nations’ development of specific treaty and charter mechanisms to protect individuals against discrimination. It then discusses Article 14 of the European Convention on Human Rights (ECHR), which gives limited protection against discrimination but has been expanded by the European Court of Human Rights (ECtHR) in its case law and via Protocol 12. Finally, the chapter examines the consolidation and expansion of equality laws in the UK (except for Northern Ireland) under the Equality Act 2010.
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This chapter discusses international law governing the use or threat of force by states. The UN Security Council has primary responsibility for enforcement action to deal with breaches of the peace, threats to the peace, or acts of aggression. Individual member states have the right of individual or collective self-defence, but only ‘until the Security Council has taken measures necessary to maintain international peace and security’. However, the practice has evolved of authorizing peacekeeping operations that are contingent upon the consent of the state whose territory is the site of the operations.
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Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter discusses the use of force in international law. It first considers the early, failed attempts to control the use of force through the Covenant of the League of Nations in 1920 and the 1928 Pact of Paris. It then turns to the post-World War II United Nations Charter that contains a clear and absolute prohibition on the unilateral use of force, except in self-defence. It considers Charter provisions that grant the UN a very wide range of powers, including the power of the Security Council to investigate any situation which might lead to international friction or give rise to a dispute. The chapter goes on to discuss the Law of Armed Conflict or jus in bello.
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This chapter analyses the history and principles of the International Bill of Human Rights, which is the ethical and legal basis for all the human rights work of the United Nations. The Bill consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, two Optional Protocols annexed thereto, and the International Covenant on Economic, Social, and Cultural Rights and Protocol. The chapter also assesses whether the Bill of Human Rights has lived up to the expectations of the original proponents.
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This chapter discusses the right to education and human rights education in international human rights law. It covers access to education, the nature of education, academic freedom, the United Nations Special Rapporteur on the right to education, achieving universal education on human rights, teaching non-discrimination, and the United Nations Decade of Human Rights Education.
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This chapter discusses the right to be recognized as a person before the law; the equality of persons before the law; the prohibition on retroactive penal legislation; the position of courts under the law; the presumption of innocence; and those rights that accrue primarily to accused persons. It argues that the right to equality before the law is one of the major embodiments of the freedom from discrimination advocated by the United Nations. The right to a fair trial and the equality of arms of parties to a legal dispute are fundamental to the operation of the rule of law.
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