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Referendum Authorization Procedures in Europe
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. Exploring the referendum practices of eight European states, this book unpacks the intricacies of the institutional and procedural settings of referendum authorization to reach an equilibrium between the exercise of popular sovereignty and the protection of rule of law. The book also examines how, by authorizing certain issues and refusing others, state institutions can exercise considerable control over the whole referendum process.
Positive Peace in Theory and Practice
Examining the shortcomings of eliciting sustainable intra-state peace through the UN system and the underlying positive peace paradigm of the liberal traditions, the book maintains that a novel positive peace vision and framework under the auspices of the UN is warranted. Building upon grievance-based explanations of violent conflicts and conflict transformation research, this book develops a comprehensive positive peace framework that involves the early tackling of identity divisions (i.e. Fundamental Conflicts) through UN facilitated deliberative and dialogical processes at the 1.5 track diplomacy level. This framework is designed to complement current UN post-conflict peacebuilding and structural prevention practice. By dealing both with how to operationalise early conflict prevention in a workable manner and developing a comprehensive yet viable positive peace approach, this book entails an extensive interdisciplinary approach and new in-depth analyses of the wide-ranging normative and policy aspects of the quest of elevating positive peace to a core objective of UN practice.
Foreign Electoral Interference: Normative Implications in Light of International Law, Human Rights, and Democratic Theory
Foreign interference in elections may have attracted increased public attention since 2016, but it is a practice virtually as old as modern electoral democracy itself. This book offers the most comprehensive account of its normative implications yet. It discusses relevant standards of international law, human rights, and democratic theory, thereby casting a net wide enough to address the fundamental value of human dignity as well as the conditions of real political autonomy. Ultimately, the book identifies potential deficits of legality, accountability, and legitimacy ensuing from certain types of foreign electoral interference, and it provides ideas on what can and should be done in response.
Strengthening the UN Human Rights Treaty Bodies
Within the still on-going strengthening process, the various UN treaty bodies can bring about lasting change on their own. This book shows that they are the ones who can introduce new powers using the interpretation of procedural provisions.
Yearbook of the European Convention on Human Rights/Annuaire de la convention europeenne des droits de l'homme, Volume 52 (2009)
The Yearbook of the European Convention on Human Rights, edited by the Directorate General of Human Rights and Legal Affairs, is an indispensable record of the development and impact of the world’s oldest binding international human rights treaty. It reviews the implementation of the Convention both by the European Court of Human Rights and by the Council of Europe’s Committee of Ministers, responsible for supervising the application of the Court’s judgments in the member states. The Yearbook includes: Full text of any new protocols to the Convention as they are opened for signature, together with the state of signatures and ratifications. Full listing of Court judgments; judgments bro...
Extending International Human Rights Protections to Vulnerable Populations
This book inductively develops a new typology that identifies and evaluates three principal strategies that have been, and are being, used to extend international human rights protections to new categories of vulnerable populations. The book explicates the evolution and ongoing utility of the three strategies: categorical enlargement, conceptual expansion, and group-conscious universal application. The strategies are elucidated by case studies of nine distinct vulnerable populations: national minorities; those oppressed on the basis of caste; people with albinism; cross-cultural migrants; members of the African diaspora; Roma/Gypsies; persons affected by leprosy; older individuals; and lesbi...
Lethal Force, the Right to Life and the ECHR
In its case law on the use of lethal and potentially lethal force, the European Court of Human Rights declares a fundamental connection between the right to life in Article 2 of the European Convention on Human Rights and democratic society. This book discusses how that connection can be understood by using narrative theory to explore Article 2 law's specificities and its deeper historical, social and political significance. Focusing on the domestic policing and law enforcement context, the book draws on an extensive analysis of case law from 1995 to 2017. It shows how the connection with democratic society in Article 2's substantive and procedural dimensions underlines the right to life's p...
Sovereignty in the Age of Global Terrorism
Sovereignty in the Age of Global Terrorism: The Role of International Organisations analyses the role of international organisations in adopting counterterrorism measures after 9/11 and the impact of these measures on the sovereignty of their Member States. The book examines the counterterrorism regimes of the UN and four regional organisations (with a special focus on the EU), as well as their implementation by their Member States. It includes the 2008 Kadi case of the European Court of Justice as case study of the conflicts between legal regimes that have competing mandates to fight terrorism. The relevance of the book lies in both comprehending the rationale for international actions against terrorism and the consequences on international law and State sovereignty.
International Human Rights Law
Written by leading experts in the field, this textbook explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. A variety of perspectives bring this subject to life, making International Human Rights Law the ideal companion for students of human rights.
