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The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).
This book explores the role played by international courts and tribunals in the development of global regulatory standards. Focusing on regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm, the book considers how such standards represent a new relationship between domestic and international law.
Fragmentation is a potential problem in an international legal system that has seen the creation of new courts and tribunals around the world, with the chance for different judicial approaches to develop in different courts. This book addresses this issue by analysing judicial practice in three areas: genocide, immunities, and the use of force.
In Proportionality in International Humanitarian Law, Amichai Cohen and David Zlotogorski offer a fresh and comprehensive look at the principle of proportionality. They discuss various areas in which there are disagreements over the way in which proportionality should be applied and offer original solutions to existing debates. Moreover, they suggest that when applying proportionality, the focus of the analysis should be on the procedures leading to the attack, and the precautions taken by the attacking force. They also discuss the course states should follow in investigating possible violations of the principle.
This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.
When an armed force holds territory beyond the borders of its own nation, "occupation" is the term that most readily comes to mind. It may be difficult to think of a more felicitous term to describe the factual situation. But not all the broad spectrum of factual situations that we commonly think of as "occupation" fall within the limited scope of the term "occupation" as defined in international law. Not every situation we refer to as "occupation" is subject to the international legal regime that regulates occupation and imposes obligations upon the occupier.
The European Court of Human Rights (“ECtHR”) suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis undermines the ECtHR’s legitimacy and consequently the functioning of the whole European human rights regime. Domestic courts can serve as welcome allies of the Strasbourg Court. They have a potential to diffuse Convention norms domestically, and therefore prevent and filter many potential human rights violations. Yet, we know very little about how domestic courts actually treat the Strasbourg Court’s rulings. This book brings unique empirical findings on how often, how and with what consequences domestic judges work with the ECtHR’s case law. I...
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