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Armed Conflict and Forced Migration: A Systematic Approach To International Humanitarian Law, Refugee Law, And International Human Rights Law  

Vincent Chetail

Print publication date:
Mar 2014
Online publication date:
Jun 2014
This chapter examines the application of three branches of international law to forced migration and refugee protection in an armed conflict. It provides a comparative assessment of these ... More

Human Rights  

Dinah Shelton

Print publication date:
Nov 2016
Online publication date:
Nov 2017
This chapter examines the express and implied powers of international organizations to address human rights issues, standard-setting by such organizations, and the structure and ... More

Human Rights  

Hurst Hannum

Print publication date:
Sep 2019
Online publication date:
Oct 2019
This chapter focuses on human rights in Asia and the Pacific. On the level of purely legal commitments, the great majority of Asian and Pacific states have ratified both of the two major ... More

‘Humanitarian Intervention’  

Nigel S. Rodley

Print publication date:
Jan 2015
Online publication date:
Jun 2016
This chapter examines whether so-called humanitarian intervention is a lawful exception to the international law prohibiting use of force when rescuing populations from widespread grave ... More

International Fair Trial Guarantees  

David Weissbrodt

Print publication date:
Mar 2014
Online publication date:
Jun 2014
As a fundamental human right, the right to a fair trial ensures that no one is deprived of liberty without due process of law. The scope and meaning of fair trial guarantees, especially ... More

International Humanitarian Law and International Criminal Law  

Suzannah Linton

Print publication date:
Sep 2019
Online publication date:
Oct 2019
This chapter assesses the approaches of Asia-Pacific states to international humanitarian law (IHL) and international criminal law (ICL), within the context of the international legal ... More

Introduction  

Dinah Shelton

Print publication date:
Oct 2013
Online publication date:
Dec 2013
This introductory article discusses the theme of this volume which is about international human rights law. This volume explores the historical antecedents for modern human rights law, the importance ... More

On Refugeehood and Citizenship  

Cathryn Costello

Print publication date:
Aug 2017
Online publication date:
Sep 2017
This chapter explores the relationship between citizenship and refugeehood. In particular, it examines the extent to which loss of meaningful citizenship defines the predicament of the ... More

The Prohibition of the Use of Force and Non-Intervention: Ambition and Practice in the Oas Region  

Jean Michel Arrighi

Print publication date:
Jan 2015
Online publication date:
Jun 2016
This chapter examines the principles governing relations among member states of the Organization of American States (OAS) as embodied in the OAS Charter, including reciprocal assistance, ... More

Refugees and Internally Displaced Persons  

Gil Loescher

Print publication date:
Nov 2016
Online publication date:
Nov 2017
This chapter examines the roles, functions, achievements, and failures of the principal international organization — the Office of the United Nations High Commissioner for Refugees (UNHCR) ... More

Self-Defence, Protection of Humanitarian Values, and the Doctrine of Impartiality and Neutrality in Enforcement Mandates  

Nicholas Tsagourias

Print publication date:
Jan 2015
Online publication date:
Jun 2016
This chapter begins by examining the scope of the principles of consent, neutrality/impartiality, and minimum use of force as they apply to modern United Nations peacekeeping operations. ... More

Slavery  

Seymour Drescher and Paul Finkelman

Print publication date:
Nov 2012
Online publication date:
Dec 2012
This chapter discusses the international law elements of slavery; anti-slavery and abolitionism; abolition and international law; civilization; international law and anti-slavery; and ... More

Sources of International Human Rights Law: Human Rights Treaties  

Bruno Simma

Print publication date:
Oct 2017
Online publication date:
Feb 2018
This chapter investigates the structure of the rights and obligations running within human rights treaties as legal instruments designed for the realization of common humanitarian ... More

Sources of International Humanitarian Law and International Criminal Law: Specific Features  

Raphaël van Steenberghe

Print publication date:
Oct 2017
Online publication date:
Feb 2018
This chapter analyses the specific features which characterize the sources of international humanitarian law (IHL) and international criminal law (ICL). It first examines those which are ... More

Sources of International Humanitarian Law and International Criminal Law: War/Crimes and the Limits of the Doctrine of Sources  

Steven R. Ratner

Print publication date:
Oct 2017
Online publication date:
Feb 2018
This chapter contends that international humanitarian law (IHL) and criminal law (ICL) cast serious doubt on the traditional doctrine and understanding of sources. Article 38 of the ... More

Theorizing Human Rights  

Ben Golder

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter remarks on the pragmatic element in human rights, focusing on the question of what it means to theorize them through the lens of pragmatism, as well as probing the limits of ... More

Trade and Human Rights  

Lorand Bartels

Print publication date:
Jan 2009
Online publication date:
Sep 2012
This article addresses two main strands in the literature on trade and human rights, one focusing on the positive and the other focusing on the negative relationship between the two ... More

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