This volume contains the papers which were presented at a symposium on human rights, held in September 1994 in Beijing and organized within the framework of an academic programme of co-operation between the Chinese Academy of Social Sciences and the Royal Netherlands Academy of Sciences. The focal point of most of the papers is the Vienna Declaration and Programme of Action - adopted during the 1993 Vienna World Conference on Human Rights - which, from the perspective of particularly the Chinese participants, is considered as marking a new beginning in the field of human rights. Taking the Vienna Declaration and Programme of Action as a point of departure the following main themes were the subject of discussion at the symposium and are more or less similarly reflected in the present volume: universality
versus particularity; individual rights
versus collective rights; national sovereignty and matters of international concern; ratification of international treaties.
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.
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.
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.
The harmonization of the different European legal systems has reached the field of asylum and immigration policy. The Maastricht Treaty has established the legal basis for a common migration policy. Numerous resolutions, recommendations, joint positions and actions were adopted by the EU Council based on the `third pillar' in the Maastricht Treaty. Within the `first pillar' the European Community has enacted regulations on visa policy based on Art. 100c EC - Treaty. Additionally, several agreements with third countries on immigration issues were set into force.
Immigration and Asylum Law and Policy of the European Union comprehensively describes the present state of the harmonization process concerning migration policy in the European Union. Particular emphasis is laid on the legal status of third-country nationals with regard to entry and residence. Furthermore, the gaps within EU regulations are evaluated in an attempt to search for a homogenous European migration policy.
Comprising 56 of the papers originally presented at the highly successful 8th World Conference of the International Society of Family held in Cardiff, UK,
Families Across Frontiers provides a unique and invaluable global insight into how both the international community and individual states are attempting to deal with problems and issues raised by families crossing political and cultural frontiers. The book offers detailed consideration of many of the major international instruments affecting the family, such as the UN Convention on the Rights of the Child, the European Convention on Human Rights, the UN Convention on the Elimination of Discrimination Against Women, the Geneva Convention Relating to the Status of Refugees, the Hague Convention on Inter-Country Abduction, the Hague and European Convention on International Child Abduction, the Hague Convention on Recognition and Enforcement of Maintenance Obligation and on The Law Applicable to Maintenance Obligations and on the Inter-American Convention Support Obligations.
Written by experts from 20 different nations, this book provides indispensable reading for those wishing to enhance their understanding of the increasingly important international dimension of family law.
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.
The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts.
The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis.
Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary' for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'.
Apart from support, doubts about the concept to the right to development may also be found in this volume.
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.