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Edited by Cyrille J.C.F. Fijnaut

This book contains analyses of the concrete development and real extent of international police cooperation in Western Europe at several levels, from the bilateral level of cooperation along the Dutch-Belgian-German border to the transatlantic level of cooperation between the American and European police forces. It also contains descriptions of the official and informal viewpoints within France, United Kingdom, Germany, The Netherlands and Belgium concerning the present state and the future of international police cooperation in the European Community.


Edited by Vera Gowlland-Debbas

The contributions collected in the present book go beyond refugee law in its traditional sense - largely centred on questions of durable asylum and the plight of only a small tranche of the asylum-seeking population - in situating refugee law within the broader international legal system. The refugee problem is thus seen as a prism through which a host of exploding issues confront traditional international law and international relations: creation and dissolution of states, state responsibility, human rights, international jurisdiction and the United Nations mandate. These theoretical problems and their legal incidence on the refugee condition are debated against the background of UNHCR field operations in Former Yugoslavia, Africa and Eastern Europe. The contributions were originally presented at a Colloquium held in May 1994, organised by the Graduate Institute of International Studies in collaboration with the Office of the United Nations High Commissioner for Refugees. Refugee law experts, members of the UN International Law Commission and practitioners were brought together in a dialogue between scholars and practitioners on a major and exponentially growing international problem.


Council of Europe/Conseil de l'Europe

The first application to the European Commission of Human Rights was received in 1955. In over forty years, the Commission has registered more than 40 000 applications. Its published decisions run to around 150 volumes - 46 in the Collection of decisions (1960 to 1974) and nearly 100 in Decisions and reports (1975 onwards).
From this mass of case-law, the authors have distilled the essential elements to produce a one-volume guide to the jurisprudence of the Convention and its protocols. In an article-by-article approach focused on the Court's case-law, they present key, passages from the judgments relevant to each article, putting them in context with their own commentary.
The arrangement by article, the extensive extracts from the case-law, the detailed table of contents, and the index give the reader different ways of approaching the book, making it a useful tool for both the newcomer to Convention law and the more experienced researcher.

La première requête transmise à la Commission européenne des Droits de l'Homme date de 1955. En quelque quarante ans, la Commission en a enregistré plus de 40 000. La publication de ses décisions représente environ 150 volumes: 46 Recueils des décisions, couvrant les années 1960 à 1974, et, par la suite, près de 100 volumes de Décisions et rapports.
Les auteurs du présent ouvrage ont extrait l'essentiel de cette vaste jurisprudence et l'ont rassemb1é en un volume unique, présentant, pour chaque article de la Convention, les passages clés d'arrêts de la Cour et de certaines décisions de la Commission, assortis de leurs commentaires.
La présentation par article de la Convention, les amples extraits de la jurisprudence, la table des matières détaillée et l'index donnent au lecteur différentes voies d'accès à cet ouvrage, outil indispensable tant pour le néophyte que pour le spécialiste plus expérimenté de la Convention.

Edited by Erik M.G. Denters, Konrad Ginther and de Waart

The chapters in this volume are based on the papers that were presented at a seminar in March 1994 organized under the auspices of the newly established ILA Committee on Legal Aspects of Sustainable Development. The seminar focused on the legal principles and international practice of sustainable development and good governance as one of its constitutive elements.
The book is divided into four parts: Evolution of Concepts, Participatory Development, Development Cooperation and Human Rights, and Sensible Economic and Social Policies. They reflect the holistic concept of sustainable development advanced by the International Union for the Conservation of Nature sustainable development. This concept implies that maintaining a quality of life for many generations is socially desirable, economically viable and ecologically sustainable.
The volume highlights the principle of sustainable development as a major topic in international law embodied in the international instruments agreed upon at the UN Conference on Environment and Development in Rio de Janeiro (1992). The introductory chapter discusses the interlinking of development and good governance, including human rights, democracy, and sensible economic and social policies as presented in the 1994 UN Agenda for development.
The management of the economy, society and environment towards sustainability will be one of the most momentous discussions of our times. According to one author sustainable development is incompatible with continuous growth of the economy, while good governance appears to be incompatible with the achievement, within a reasonable time scale, of a non-growth society. Other provocative opinions make this volume a highly challenging source for any scholar interested in the subject.

Human Rights on Common Grounds

The Quest for Universality

Edited by Kirsten Hastrup

The universality of human rights has been extensively discussed since their inception, and most often in terms of contrasting viewpoints of universalism versus relativism. The present volume seeks to get beyond the polarization and to ask instead in which sense human rights are universal.
The point of departure is that human rights must be universal in some sense, or they are nothing. It is meaningless to talk of human rights if they are not applicable to all humans, unconditionally. From each of their vantage points the authors explore the notion of universality in a joint effort to maintain the fundamental aspiration of the human rights documents without sidestepping the question.
The authors come from such diverse fields as law, history, philosophy and anthropology, and between them they contribute in complementary ways to the never-ending quest for universality, correlating with a view of all humans being equal in dignity and rights. They are also keenly aware that the human rights project is unfinished and must always be forcefully argued for.

Towards Implementing Universal Human Rights

Festschrift for the Twenty-Fifth Anniversary of the Human Rights Committee


Edited by Nisuke Ando

This unique collection has been compiled to mark the occasion of the 25th anniversary of the activities of the Human Rights Committee established under the International Covenant on Civil and Political Rights. It reflects various aspects of the Committee and its activities and is comprised of articles contributed exclusively by its members, past and present.
The Festschrift is divided into five chapters. Chapter I comprises four articles dealing with the UN system of human rights protection in general and the role and work of the Human Rights Committee in particular. Chapter II contains two articles on the historical aspects of the Committee, both in retrospect and prospect. Chapter III covers three articles, each dealing with the Committee’s different activities of a general nature, whereas Chapter IV includes six articles, each analyzing Committee activities of a specific nature. Chapter V is composed of only one article, a case study of domestic implementation of the Covenant. This is a must-have collection for government officials, academics, NGO personnel and students interested in studying human rights in a worldwide perspective.


George Ginsburgs

The present title is the last in a three-volume set addressing the umbrella theme of `The Soviet Union and International Cooperation in Legal Matters'. The preceding installments treated the Soviet Union's record in the field of commercial arbitration and civil law, respectively.
With the U.S.S.R. dead, use of the term `Soviet Union' may call for some justification. In this instance, the desire to preserve stylistic continuity plays a role in the choice. Furthermore, the bulk of the monograph really does deal with the Soviet Union's track record in this domain on the assumption that much of its repertory in this theatre will be salvaged through the machinery of state succession in fairly intact or recognizable shape and affect the deployment of future modes of management of these affairs en route to stripping the old inventory of its `socialist' attributes and updating the core package. In that sense, the volume marks the end of a Soviet branch of international law and the dawn of a new discipline of research in the local brand of post-Soviet international law. It seems safe to say, though, that whatever lies ahead is going to have its roots in the country's contemporary history, and understanding these antecedents will make the job of figuring out what to expect next a bit easier.
The study concentrates essentially on post-World War II repertory, with some reference to pre-1945 antecedents in order to put the picture in a clearer perspective.


Edited by Ineta Ziemele

The Raoul Wallenberg Institute of Human Rights and Humanitarian Law at Lund University is pleased to introduce the first volume in its new ‘New Authors’ series, which contains the best theses from the human rights masters programmes in Lund and Venice. The new authors contained in this first volume are: Filipa Marques Júnior, Dominic Laferrière, Kajsa Öbrink, Annette Lyth, Mona Ressaissi, Malin Käll and George Jokhadze.
The issues they discuss are those which have been high on international agendas during recent years: human rights and the fight against terrorism; the human rights of women; state responsibility to ensure adequate standards of living; and the human rights accountability of transnational corporations.
Collectively, the authors demand the revision of the inadequate theoretical and practical approaches in international human rights law. They address the challenges presented by the world we live in and suggest solutions that are flexible, preserve human dignity and topple the unnecessary barriers between theories and areas of legal regulation.
The introduction to the volume by Professor Ineta Ziemele notes the importance of human rights education; the writings in this series are one example of the achievements of that education.

Edited by András Sajó

Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming.
Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity.
Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice:
First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed.
The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.