The International Law of Human Rights and States of Exception: With Special Reference to the Travaux Preparatoires and the Case-law of the International Monitoring Organs

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Martinus Nijhoff Publishers, 28 lug 1998 - 780 pagine
This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.
 

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Indice

GENERAL INTRODUCTION
1
EMERGENCY POWERS IN A HISTORIC
7
Martial law in England
19
Martial law and the suspension of habeas corpus in the Philippines
32
Conclusions
42
INTRODUCTION
49
The principle of legality at the regional level
66
Conclusions
93
INTRODUCTION
371
THE NONDEROGABLE OBLIGATONS UNDER
380
The work of the Human Rights Committee
392
Conclusions
448
Conclusions
495
59
559
REMAINING CONDITIONS FOR
565
Art 271 of the American Covention on Human Rights
581

The principle of a democratic society at the regional level
114
Conclusions
145
The notions of national security and public order at the regional
166
Conclusions
188
INTRODUCTION
195
The work of the Human Rights Committee
217
Conclusions
239
The American Convention on Human Rights Art 27
247
The work of the InterAmerican Court and Commission on Human
253
Conclusions
281
The caselaw of the European Court and Commision of Human
290
Conclusions
324
Freedom of association and collective bargaining
342
Conclusions
365
Art 151 of the European Convention on Human Rights
590
Conclusions
621
The caselaw of the international control organs
627
Conclusions
638
Art 271 of the American Convention on Human Rights
650
Art 15 of the European Convention on Human Rights
658
Discrimination on grounds of national or ethnic origin during Second
669
Conclusions
681
Art 273 of the American Convention on Human Rights
696
CONCLUSIONS TO PART V
719
BIBLIOGRAPHY
729
INDEX
767
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