Routledge Handbook of International Human Rights Law

809 Pages·2014·5.63 MB·English

by  Scott Sheeran

Routledge Handbook of
International Human Rights Law
The R outledge Handbook of International Human Rights Law provides a defi nitive global survey
of the discipline of international human rights law. Each chapter is written by a leading expert
and provides a contemporary overview of a signifi cant area within the fi eld.
As well as covering topics integral to the theory and practice of international human rights
law, the volume offers a broader perspective through examinations of the ways human rights law
interacts with other legal regimes and international institutions, and by addressing the current
and future challenges facing human rights.
This highly topical collection of specially commissioned papers is split into fi ve parts:
• Part I: Introduction and overview.
• Part II: The nature and evolution of international human rights law, discussing the
origins, theory and practice of the discipline.
• Part III: Interaction of human rights with other key regimes and bodies, including the
interaction of the discipline with international economic law, international humanitarian
law and development, as well as other legal regimes.
• Part IV: Evolution and prospects of regional approaches to human rights, discussing the
systems of Europe, the Americas, Africa and South East Asia, and their relationship to the
United Nations treaty bodies.
• Part V: Key contemporary issues and the challenges for the future, including non-state
actors, religion and human rights, counter-terrorism, and enforcement and remedies.
Providing up-to-date and authoritative articles covering key aspects of international human
rights law, this book is an essential work of reference for scholars, practitioners and students alike.
Scott Sheeran is a Senior Lecturer, School of Law and Human Rights Centre, at the
University of Essex, and Director of the LLM in International Human Rights Law.
Sir Nigel Rodley is Professor of Law and Chair of the Human Rights Centre at the
University of Essex. He is currently the chair of the UN Human Rights Committee, estab-
lished under the International Covenant on Civil and Political Rights.
This page intentionally left blank
Routledge Handbook of
International Human
Rights Law
Edited by Scott Sheeran and Sir Nigel Rodley
First published 2013 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2013 Scott Sheeran and Sir Nigel Rodley
The right of Scott Sheeran and Sir Nigel Rodley to be identifi ed
as editors of this work has been asserted by them in accordance
with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilised in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in
any information storage or retrieval system, without permission in writing
from the publishers.
Trademark notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identifi cation and explanation
without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Routledge handbook of international human rights law / [edited by] Scott Sheeran, Nigel Rodley.
p. cm.
Includes bibliographical references and index.
ISBN 978–0–415–62073–4 (hardback) — ISBN 978–0–203–48141–7 (ebk) 1. Human rights.
I. Sheeran, Scott (Law teacher), editor of compilation. II. Rodley, Nigel S., editor of compilation.
III. Title: Handbook of international human rights law.
K3240.R699 2014
341.4’8—dc23
2013026256
ISBN: 978–0–415–62073–4 (hbk)
ISBN: 978–0–203–48141–7 (ebk)
Typeset in Bembo
by Refi neCatch Limited, Bungay, Suffolk
Contents
Contributors ix
Acknowledgements xvi
PART I
Introduction and overview 1
1 The broad review of international human rights law 3
Scott Sheeran and Sir Nigel Rodley
PART II
Nature and evolution of international human rights law 7
2 The historical development of human rights 9
Wiktor Osiaty n´ ski
3 Human rights in political and legal theory 25
Guglielmo Verdirame
4 Universalism of human rights and cultural relativism 49
Michael Freeman
5 The evolving study of human rights: interdisciplinarity and new directions 63
Micheline Ishay
6 The relationship of international human rights law and general
international law: hermeneutic constraint, or pushing the boundaries? 79
Scott Sheeran
7 International human rights law and a developing world perspective 109
Antony Anghie
8 The contemporary challenges to international human rights 127
Radhika Coomaraswamy
v
Contents
9 Human rights and foreign policy: syntheses of moralism and realism 141
Bruno Stagno Ugarte
10 The use of international human rights law by civil society organisations 153
Andrew Clapham
11 International human rights in fi eld operations: a fast developing
human rights tool 169
Michael O’Flaherty and Daria Davitti
PART III
Interaction of human rights with other key
regimes and bodies 183
12 The relationship between international humanitarian law and
international human rights law 185
Françoise J. Hampson
13 International criminal law and tribunals and human rights 215
William Schabas
14 International refugee and human rights law: partners in ensuring
international protection and asylum 231
Cornelis (Kees) Wouters
15 Human rights and international trade 245
Sheldon Leader
16 International fi nance and investment and human rights 263
Peter T. Muchlinski
17 International environmental law and human rights 285
Karen Hulme
18 Customary law and human rights 303
Evadné Grant
19 Reservations to treaties and the integrity of human rights 323
Alain Pellet
20 The International Labour Organization and international
human rights system 339
Lee Swepston
vi
Contents
21 The International Court of Justice and human rights 353
Awn Shawkat Al-Khasawneh
22 The UN Security Council and international human rights obligations:
towards a theory of constraints and derogation 371
Scott Sheeran and Catherine Bevilacqua
PART IV
Evolution and prospects of regional approaches to human rights 405
23 The European system and approach 407
Philip Leach
24 The Inter-American System of Human Rights and approach 427
Clara Sandoval
25 The impact and infl uence of the African regional human
rights system on domestic law 445
Frans Viljoen
26 The South East Asian system for human rights protection 467
Vitit Muntarbhorn
27 The League of Arab States and human rights 483
Mervat Rishmawi
28 The relationship of the UN treaty bodies and regional systems 505
Lorna McGregor
PART V
Key contemporary issues and challenges for the future 521
29 Non-state actors and human rights 523
Sir Nigel Rodley
30 Implementation of economic, social and cultural rights 545
Paul Hunt, Judith Bueno de Mesquita, Joo-Young Lee and Sally-Anne Way
31 The relationship of religion and human rights 563
Malcolm Evans
32 Counter-terrorism and human rights 581
Martin Scheinin
vii
Contents
33 International development, global impoverishment and human rights 597
Upendra Baxi
34 Gender challenges for international human rights 615
Andrew Byrnes
35 The extraterritorial application of international human rights
law on civil and political rights 635
Ralph Wilde
36 Enforcement and remedies 663
Dinah Shelton
37 Victims’ participation and reparations in international criminal
proceedings 683
Megan Hirst
38 Continuing evolution of the United Nations treaty bodies system 707
Nadia Bernaz
39 The future of the United Nations Special Procedures 725
Ted Piccone
40 The role and future of the Human Rights Council 743
Allehone M. Abebe
41 Transitional justice 761
Juan E. Méndez and Catherine Cone
Index 781
viii
Contributors
Sir Nigel Rodley KBE is a Professor of Law and Chair of the Human Rights Centre at the
University of Essex. From 1993–2001 he served as Special Rapporteur on Torture. Since 2001
he has been a Member of the UN Human Rights Committee, and since 2013 the Chair of that
Committee. He has published extensively on international human rights law and public inter-
national law, and is author with Matt Pollard of T he Treatment of Prisoners under International Law
(Oxford University Press, 2009).
Scott Sheeran is Senior Lecturer in the School of Law and Human Rights Centre at the Uni-
versity of Essex, and Director of the LLM in International Human Rights Law and provides
legal support to the mandate of the UN Special Rapporteur for Iran. He worked previously as
a New Zealand diplomat and legal adviser, including in New York and Geneva, and is on the
advisory council of several human rights NGOs. He has published on international human rights
law, public international law and law of the United Nations.
Wiktor Osiaty n´ski is Professor of Law at the Central European University in Budapest. He also
teaches human rights to the postgraduate students at the University of Siena, Italy. Since 1989,
Osiatynski has been an advisor to constitutional committees in Poland and other countries, and is
associated with the Open Society Institute. He is the author of the comparative study of individ-
ual rights and constitutionalism H uman Rights and Their Limits (Cambridge University Press, 2009).
Guglielmo Verdirame is Professor of International Law at the Department of War Studies and
School of Law at King’s College London. Before taking on this position, he was a Lecturer at the
University of Cambridge and Fellow of the Lauterpacht Centre for International Law. His main
areas of research and teaching are public international law, and legal and political philosophy. He
is a barrister at 20 Essex Street Chambers, London.
Michael Freeman is a Research Professor in the Department of Government, University of
Essex, where he teaches political theory and human rights. He is the author of Human Rights: an
Interdisciplinary Approach (Polity Press, 2011) and many other works on the theory and practice of
human rights. He is a former Chairperson of the British Section of Amnesty International. He
is currently working on world poverty as a human rights issue.
Micheline Ishay is Professor and Director of the Human Rights Program at the Josef Korbel
School of International Studies at the University of Denver, the largest interdisciplinary human
rights programme in the USA. She is the author or editor of numerous books and articles. Her
History of Human Rights: from Ancient Times to the Era of Globalization (University of California
Press, 2004) has been translated into several languages.
ix