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 aim of this unique volume is twofold. First and foremost, it sets out to offer the reader a comprehensive and challenging view, from some of the most distinguished scholars in the field, of present and future trends and issues in the fields of international air and space law.
By breaking new ground in this way, it pays tribute to the scholarly achievements of Henri (Or) Wassenbergh, whose ideas and work have helped to shape both air and space law throughout his long and distinguished career.
Air and Space Law: De Lege Ferenda will be of interest to all those concerned with the present status of air and space law, and with the challenges the aviation and space industry must face in the century to come.
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.
This, the first volume in the new series
Melbourne Studies in Comparative and International Law, contains the revised and updated versions of papers presented to the Asia-Pacific Regional Conference, held at The University of Melbourne, to commemorate the centenary of the 1899 Hague Peace Conference and the 50th anniversary of the 1949 Geneva Conventions. Within the context of the Asia-Pacific region, the collection, by a wealth of international scholars and expert practitioners, explores the major issues addressed at the Conference in 1899, including the peaceful settlement of disputes, international humanitarian law, and arms control and disarmament.
For many years both police violence and the complaints procedures have been important topics for debate in Britain and elsewhere. This book aims to provide a contribution to this debate by analysing the way in which police violence at present is and should be policed.
On the basis of a case study in Glasgow the authors examine the phenomenon of police violence and the occupational reality in which it can be most adequately controlled. The present type of British complaints system was found to have little to offer to the victims of such incidents, and to be even counterproductive as a mechanism of control of police behaviour.
This book discusses the main structural amendments which would enable the complaints procedure to provide a more adequate response. It is contended that the police themselves can and should play a major role in the control of police violence, and that they should have both the responsibility and opportunity for rectifying what went amiss.
The implications of his study extend beyond the immediate Glaswegian, Scottish and even British context and are of wider interest to all those who are concerned with the issues and problems of police violence, policing police misconduct and police accountability in general.
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 beginning of the 21st century is characterized by global structural changes and worldwide concern for the problems surrounding the relationships between states and minority groups. Autonomy has become a code word for an all-purpose means of inclusion of sub-state groups in the three major functions that make for the essence of international law: the allocation of competence, the furtherance of common interest and the maintenance of international peace.
Since to be autonomous is to be a law to oneself, and autonomous agents are self-governing agents, the authors of this present volume try give an answer – each from a particular professional perspective- to one overriding question: what conditions must be met in order to ensure that the autonomous agents govern themselves, and govern effectively.
With a scholarly attention to analytical precision, factual accuracy, and scrupulous objectivity the authors of the present volume – coming from such diverse fields as international law, philosophy, ethics, economics, political science, - detail and explore the protean character of autonomy as both a concept (autonomy's subtypes, autonomy vs. other arrangements for the diffusion of power within heterogeneous societies, new definitions of the concept, etc.) and a practice (the potential of autonomy in the peaceful resolution of ethnic conflicts; comparative case studies, ranging from Greenland to Eritrea, from the Baltic States to South Asia).
For all their differences in background and style, the authors share the common belief that autonomy, if properly understood and applied, holds considerable potential for ensuring an effective and harmonious co-existence for diverse groups within modern states. As such this book will hold particular appeal for all those (students, academics, policymakers, practitioners) who are on a quest for empowering insights vis-à-vis state-minority modus vivendi and ways to mitigate inter-group tensions by compromise.
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 present volume highlights the new challenges of the international protection of refugees fifty years after the adoption of the 1951 Geneva Convention relating to the Status of Refugees.
Focusing on the problems faced by Switzerland in the field of international protection of refugees as well as on the specificity of its asylum law and practice, this publication addresses the refugee problem from a national, European and international perspective. The Swiss experience serves to illustrate the wider problematic of on the one hand, the tensions between security, political and humanitarian concerns encountered by refugee-receiving states, and on the other, the need to preserve an international refugee protection regime which remains an essential component of international law and relations for so long as political solutions are not brought to the root causes of refugee exodus.
This reflection on the international protection of refugees is organized around four main themes. The first examines Switzerland's response in the past to mass influx, in the light of historical case studies and the evolution of Swiss asylum law and practice. The second focuses on the question of access of refugees to asylum territories and refugee status determination procedures within the framework of the 1951 Convention on the Status of Refugees and the current Swiss asylum law. The third centres on the wider protection regime currently being forged in Europe to address a broader category of refugees, including solutions for temporary and subsidiary protection. The final theme revolves around return of refugees, including those under the Dayton and recent Kosovo agreements and covers reintegration of returnees, assistance and long-term development.
This work is based on papers presented at a colloquium of the Graduate Institute of the International Studies in Geneva which was organised in collaboration with the Office of the United Nations High Commissioner for Refugees as a contribution to the 50th anniversaries of the UNHCR and the Geneva Convention relating to the Status of Refugees.