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Edited by Ineta Ziemele

There has always been some discomfort about reservations in relation to international obligations of States applicable to individuals. This apprehension was once again brought to the forefront of the international normative process with General Comment No. 24 of the Human Rights Committee and the work of the International Law Commission on reservations to treaties.
This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers.

Burns Weston and Stephen Marks

The Future of International Human Rights analyzes and assesses emerging domains of international human rights law and practice, the development of which is part of the legacy of the Universal Declaration, and explores the viable pathways to the future that the Declaration opens up.



Published under the Transnational Publishers imprint.

Edited by Christopher Eisgruber

The rise of international human rights during the last half of the twentieth century has transformed traditional notions of sovereignty. No longer is international law concerned almost exclusively with external relations among states and their representatives. Now, it imposes substantial restrictions on the domestic affairs of states and protects ordinary persons against mistreatment by their own government. The change came about in response to the Holocaust and the century’s other great tragedies. Few doubt its value. Nevertheless, power exercised in the name of human rights can be misused or abused. As human rights institutions matured, and as international organizations intervened more vigorously on a global scale, human rights advocates and their critics worried about whether quests to vindicate supposedly universal human rights might sometimes impose western, first-world norms on cultures that did not want them. In this volume, internationally noted scholars collaborate to address issues about human rights and local culture from philosophical, legal, anthropological and sociological perspectives. Their essays focus on topics including self-determination, religion, truth & reconciliation commissions, and sexual mores.

Edited by Mia Swart and Karin van Marle

The South African Truth and Reconciliation Commission was a noble attempt to begin to address the continuing traumatic legacy of Apartheid. This interdisciplinary collection critiques the work of the TRC 20 years since its establishment.
Taking the paralysing political and social crises of the mid-1990s in South Africa as starting point, the book contains a collection of responses to the TRC that considers the notions of crisis, judgment and social justice. It asks whether the current political and social crises in South Africa are linked to the country’s post-apartheid transitional mechanisms, specifically, the TRC.
The fact that the material conditions of the lives of many Apartheid victims have not improved, forms a major theme of the book. Collectively, the book considers the ‘unfinished business’ of the TRC.

Dinah Shelton

This collection of essays by sixteen outstanding authorities in the relevant fields assesses The International Criminal Court from the perspective of the year 1998 when it was first established by the Rome Statute.

The book's detailed analysis of the potential uses (and misuses) of the Statute—its lacunae and shortcomings as well as its signal advances in jurisdiction and accountability—make International Crimes, Peace and Human Rights a significant reference and guide, not only to the Rome Statute, but also to the Court's jurisprudence as it develops in the coming years and decades.



Published under the Transnational Publishers imprint.

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Edited by European Centre for Minority Issues and The European Academy Bozen/Bolzano

The European Yearbook of Minority Issues provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe.
Part I contains scholarly articles and, in 2007/8, features two special focus sections on Minority Rights and Conflict and Participation.
Part II contains reports on the implementation of international instruments for the protection of minorities as well as new developments in relation to the legal protection of minorities at the national level.

Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook is an indispensable reference tool for libraries, research institutes as well as governments and international organisations.

The United Nations High Commissioner for Human Rights

The Challenges of International Protection

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Bertie G. Ramcharan

Ever since its creation, the United Nations has sought to protect as well as to promote human rights. Those who campaigned for decades for the establishment of the post of High Commissioner for Human Rights did so in the hope that the High Commissioner would spearhead the efforts of the United Nations and the international community to protect those at risk or whose rights are being violated. How has the High Commissioner contributed to international protection since the establishment of the office in 1993?
This book, the first-ever written on the office since its establishment, presents the protection role of the High Commissioner. It argues that limited protection functions are carried out by the Security Council, the Secretary-General, the Commission on Human Rights and its special procedures, and the High Commissioner. However, international protection is still in its infancy and much more remains to be done to bring about a protection system that effectively anticipates and prevents gross violations, contributes to mitigation and cure, and facilitates remedies and compensation.
This is a valuable pioneering work in the area of the international protection of human rights.

Edited by András Sajó

The essays in this collection reflect on the promises, hopes and fears dominant in the narratives on and realities of doing away with authoritarian regimes. The experiences of post-communist transition are matched with accounts on authoritarian traits present in established constitutional democracies and on authoritarian inclusions preserved in the new regimes in the post-transition phase. The essays combine first-hand insider accounts with interdisciplinary scholarly analysis. The first part of the collection focuses on considerations marking the way out of authoritarian - not restricted to socialist - regimes. The second part centers around experiences and problems which surface following the days of totalitarianism, both in newly emerged democracies and in well-established constitutional systems. Issues covered range from police practices to the role of the 'people' in post-authoritarian regimes. The dilemma transparent in all essays is whether 'coming out' of authoritarianism is possible at all.

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Edited by Kirsten Hastrup and George Ulrich

Discrimination on the basis of race, gender or other ascribed group affiliations or individual identities is an all too well-known phenomenon. International instruments are invoked and refined to alter this situation, but often to little avail. In the present volume, authors from across the globe explore the nature and forms of discrimination and seek to establish a new conceptual ground for addressing the issue.
Toleration is often advocated as a remedy for discriminatory practices. In contrast to tolerance, which is seen as an attitude, toleration implies an active engaging of difference. In this volume, several authors address the inherent complexities of the notion itself, not least the implication of asymmetry between the tolerant and the tolerated.
A central theme throughout the volume is the relative force of law and other areas of public concern in addressing the issues of both discrimination and toleration. From a wide range of legal, literary, anthropological, and philosophical perspectives, the authors also show how the role of the intellectual is vital in reshaping the discourse and in redirecting practices that may affirm the equal worth of all humans.

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Edited by Jan Klabbers, Katja Creutz and Åsa Wallendahl

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union.

The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews, and relevant overviews of Finland’s state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature.