Essays on Human Rights
In Honour of Professor Sir Nigel Rodley and Professor Kevin Boyle
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The Delivery of Human Rights reflects on two overlapping issues in international human rights law: how can existing norms be better implemented and effected, and how can other branches of international law or other international actors be used so as to provide an improved delivery of those norms. Rather than simply looking at the content of the rights, this book will also explore how the framers’ intention that individuals benefit from the norms can be achieved.
The book is written and published in honour of Professor Sir Nigel Rodley KBE. It celebrates his career as an academic and practitioner in the area of human rights. Professor Rodley acted as the UN Special Rapporteur on Torture from 1993 to 2001 and is currently a member of the UN Human Rights Committee. He is also a member of the International Commission of Jurists. Since 2001 he has been a Member of the UN Human Rights Committee, established under the International Covenant on Civil and Political Rights. In 1998 he was knighted in the Queen's New Year's Honours list for services to Human Rights and International Law and in 2000 he received an honorary LLD from Dalhousie University. He is Professor and Chair of the Human Rights Centre, University of Essex, having taught there since 1990.
The contributors to this volume are notable experts in the area of human rights law and include Paul Hunt, Malcolm Evans, Michael O’Flaherty and David Weissbrodt. The book addresses such topics as the Role of Special Rapporteurs, how can the absolute prohibition of torture be properly implemented, Responsibility to Protect, non-state actors, including businesses, and human rights.
Strategic Visions for Human Rights takes a multi-disciplinary approach to future directions for human rights. It looks beyond what international human rights treaties have so far established and considers the context in which rights in the twenty-first century might develop to meet needs. The book examines how international law might be utilized to protect groups rather than just individual members of the group and it also calls into question the liberal positivist approach to international law that provides the framework for human rights norms.
The book is written and published in honour of Professor Kevin Boyle. It celebrates his long career in human rights law both as an academic and a practising barrister. Professor Boyle has taken numerous cases on human rights issues to the European Court of Human Rights in Strasbourg and has long been involved in human rights aspects of the peace process in Northern Ireland. He has published widely on human rights issues, focusing on freedom of expression and religion and non-discrimination.
The contributors to this volume are well-known academics in the field of human rights and include Francesca Klug, Conor Gearty, David Beetham and Asbjorn Eide. Amongst some of the issues addressed in the book are the future of the European Court of Human Rights, the role of academics play in engendering transition to post-conflict democratic states, and human rights and religious pluralism.
Table of Contents
Delivery of Human Rights:
1. Deriving Concrete Entitlements from Abstract Rights, Sheldon Leader, 2. The United Nations Charter-Based Procedures for Addressing Human Rights Violations: Historical Practice, Reform and Future Implications, David Weissbrodt, 3. Holding Pharmaceutical Companies to Account: A UN Special Rapporteur’s Mission to GlaxoSmithKline, Paul Hunt and Rajat Khosal, 4. Reform of the UN Human Rights Treaty Body System: Locating the Dublin Statement, Michael O’Flaherty, 5. The OPCAT at 50, Malcolm Evans, 6. Redressing Non-Pecuniary Damages of Torture Survivors: The Practice of the Inter-American Court of Human Rights, Clara Sandoval and Michael Duttwiler, 7. A Lighter Shade of Black? ‘Secret Detention’ and the UN Disappearances Convention, Matt Pollard, 8. The Scope of the Extra-Territorial Applicability of International Human Rights Law, Françoise Hampson, 9. Implementing Protection: What Refugee Law Can Learn from IDP Law … and Vice Versa, Geoff Gilbert, 10. Still Waiting for the Goods to Arrive: The Delivery of Human Rights to the Israeli-Palestinian Conflict, Noam Lubell, 11. From Bangladesh to Responsibility to Protect: The Legality and Implementation Criteria for Humanitarian Intervention, Başak Çali
Strategic Visions for Human Rights:
1. War and Peace in Northern Ireland: Reflections on the Contribution of Academic and Human Rights Communities, Tom Hadden, 2. Law and Human Rights Rather than International Human Rights Law, Geoff Gilbert, 3. Universality, Historical Specificity and Cultural Difference in Human Rights, David Beetham, 4. Doing Human Rights: Three Lessons from the Field, Conor Gearty, 5. Rights and Righteousness: Friends or Foes? Francesca Klug, 6. Human Rights, Power, and the Protection of Free Choice, Sheldon Leader, 7. Conscientious Objection to Military Service, Rachel Brett and Laurel Townhead, 8. In Search of the Third Freedom – ‘everywhere in the world’ Asbjørn Eide, 9. Lobbying for Rights During the ‘War on Terror’: The American Civil Liberties Union After 9/11, Richard J. Maiman, 10. The Future of the European Court of Human Rights, Françoise Hampson
Geoff Gilbert, Françoise Hampson and Clara Sandoval are all members of the School of Law at the University of Essex, UK.