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Published: 10 December 2022
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1

Larsen, Kjetil Mujezinović. The human rights treaty obligations of peacekeepers. Cambridge: Cambridge University Press, 2012.

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The human rights treaty obligations of peacekeepers. Cambridge: Cambridge University Press, 2012.

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3

Sharia, Muslim states and international human rights treaty obligations: A comparative study. London: British Institute of International and Comparative Law, 2008.

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4

Abiad, Nisrine. Sharia, Muslim states and international human rights treaty obligations: A comparative study. London: British Institute of International and Comparative Law, 2008.

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5

Workshop on International Human Rights Instruments and Reporting Obligations (1991 Moscow, Russia). Workshop on International Human Rights Instruments and Reporting Obligations: Preparation of reports to United Nations human rights treaty bodies : report : Moscow, 26-30 August 1991. New York: United Nations, 1992.

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Workshop on international human rights instruments and reporting obligations: preparation of reports to United Nations human rights treaty bodies (1991 Moscow). Workshop on international human rights instruments and reporting obligations: preparation of reports to United Nations human rights treaty bodies: Report, Moscow, 26-30 August 1991. New York: United Nations, 1992.

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7

Deva, Surya, and David Bilchitz, eds. Human Rights Obligations of Business. Cambridge: Cambridge University Press, 2013. http://dx.doi.org/10.1017/cbo9781139568333.

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8

Tom, Regan, and Singer Peter 1946-, eds. Animal rights and human obligations. 2nd ed. Englewood Cliffs, N.J: Prentice Hall, 1989.

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9

Tashiro, Yasuhisa, Norihiro Kirihata, Yoshiyuki Nakajima, and Mikio Sono. Research on "universal human obligations". Tokyo, Japan: National Institute for Research Advancement, 1999.

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10

Universal human rights and extraterritorial obligations. Philadelphia: University of Pennsylvania Press, 2010.

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11

Keller, Helen, and Geir Ulfstein, eds. UN Human Rights Treaty Bodies. Cambridge: Cambridge University Press, 2012. http://dx.doi.org/10.1017/cbo9781139047593.

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12

Julio, Faúndez, and United Nations Institute for Namibia., eds. Independent Namibia: Succession to treaty rights and obligations incorporating Namibian treaty calendar. Lusaka, Zambia: United Nations Institute for Namibia, 1989.

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13

Clapham, Andrew. Human rights obligations of non-state actors. Oxford [England]: Oxford University Press, 2006.

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14

Sen, D. K. History of the Indian states, their status, rights, and obligations. Delhi, India: Sanjay Parkashan, 1985.

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15

Murray, Daragh. Human rights obligations of non-state armed groups. Oxford: Hart Publishing Ltd, 2016.

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16

Mark, Gibney, Türkelli Gamze Erdem, Krajewski Markus, and Vandenhole Wouter. The Routledge Handbook on Extraterritorial Human Rights Obligations. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003090014.

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17

Corporate human rights obligations: In search of accountability. Antwerpen: Intersentia, 2002.

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18

Human rights and obligations in Nigeria: The current perspectives. Enugu, Nigeria: Joen Printing and Pub. Co., 2010.

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19

Human rights obligations in education: The 4-A scheme. Nijmegen: Wolf Legal Publishers (WLP), 2006.

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20

Animal rights without liberation: Applied ethics and human obligations. New York: Columbia University Press, 2012.

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21

UN human rights treaty bodies: Law and legitimacy. Cambridge: Cambridge University Press, 2012.

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22

Simmons, A. John. Justification and legitimacy: Essays on rights and obligations. Cambridge: Cambridge University Press, 2001.

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23

Power, authority, justice & rights: Studies in political obligations. New Brunswick, NJ: AldineTransaction, 2010.

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24

Larsen, Kjetil Mujezinović. Human Rights Treaty Obligations of Peacekeepers. University of Cambridge ESOL Examinations, 2014.

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25

Larsen, Kjetil Mujezinović. Human Rights Treaty Obligations of Peacekeepers. Cambridge University Press, 2012.

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26

Larsen, Kjetil Mujezinovic'. Human Rights Treaty Obligations of Peacekeepers. Cambridge University Press, 2012.

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27

Kjetil Mujezinović Larsen. Human Rights Treaty Obligations of Peacekeepers. Cambridge University Press, 2012.

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28

Larsen, Kjetil Mujezinovic'. Human Rights Treaty Obligations of Peacekeepers. Cambridge University Press, 2012.

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29

Meier, Benjamin Mason, and Virgínia Brás Gomes. Human Rights Treaty Bodies. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190672676.003.0024.

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This chapter assesses the role of human rights treaty bodies in monitoring, interpreting, and adjudicating health-related human rights obligations, facilitating accountability for the realization of human rights in health policy. With each core human rights treaty having its own corresponding human rights treaty body, these international institutions influence states and galvanize advocates to take action to realize human rights across a range of global health issues. Describing treaty body efforts to monitor state implementation, interpret human rights, and adjudicate individual complaints, this chapter examines the evolving composition and functions of these treaty bodies and analyzes their effectiveness in facilitating the implementation of human rights as a basis for global health. Given recent United Nations efforts to strengthen treaty body functions and streamline monitoring processes, treaty bodies provide complementary approaches for public health practitioners to support accountability for the implementation of health-related human rights.
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30

Rodenhäuser, Tilman. The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198821946.003.0007.

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Chapter 5 adds to the contemporary discourse on human rights obligations of non-state armed groups by showing that in many situations, there is a clear legal need for these obligations. This chapter first engages in the debate on whether and to what extent certain human rights treaties address armed groups directly. Second, it shows that under the law of state responsibility, states are generally not responsible for human rights violations committed by non-state entities. Third, it recalls that under international human rights law, states have an obligation to protect human rights against violations committed by armed groups. However, it argues that because this cannot be a strict obligation but is one that depends on states’ capacities and the particular circumstances, often this framework cannot adequately protect individuals against human rights violations by armed groups. The result is a legal and practical need for human rights obligations of non-state armed groups.
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31

Dr, Klein Eckart, ed. The Monitoring system of human rights treaty obligations: Colloquium, Potsdam, 22./23. November 1996. Berlin: Berlin Vlg. Spitz, 1998.

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32

Simma, Bruno. Sources of International Human Rights Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0041.

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This chapter investigates the structure of the rights and obligations running within human rights treaties as legal instruments designed for the realization of common humanitarian interests. It does so from a legal-positivist point of departure. The chapter first deconstructs the mantra of the so-called ‘objective’ human rights treaty obligations. It then analyses the legal position of the individuals whose rights are consecrated in human rights treaties and identifies these rights as genuine treaty entitlements. This is followed by a concise depiction of the specific legal consequences derived from the characteristics of the treaties, focusing on the hotly debated topic of reservations. The chapter concludes by comparing its views with those expressed in chapter 39 on the topic of sources of international human rights law.
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33

Fellner, Jamie. Human rights. Oxford University Press, 2015. http://dx.doi.org/10.1093/med/9780199360574.003.0004.

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In this chapter, North American and international issues are reviewed covering the range of human rights issues, challenges, and controversies that exist in correctional mental health care. This chapter provides a brief overview of the key internationally recognized human rights that should inform the work of correctional mental health professionals. Human rights reflect a humanistic vision predicated on the foundation of human dignity, which complement the ethical principles of beneficence and non-maleficence. The human rights framework supports correctional mental health staff in their efforts to protect patients from harm and provide them the treatment they need. Human rights provide a universally acknowledged set of precepts that can be used during internal and external advocacy. Mental health professionals should not – consistent with their human rights and ethical obligations – acquiesce silently to conditions of confinement that harm prisoners and violate human rights. They are obligated not only to treat inmates with mental illness with independence and compassion, but to strive to change policies and practices that abuse inmates and violate their rights, even those that involve custodial decisions (e.g. segregation, use of force, restraints). In short, for practitioners who want improved policies and practices, human rights offers a powerful rationale and vision for a different kind of correctional mental health services. The more correctional mental health practitioners embrace and advocate for human rights, the greater the likelihood prisoners’ rights will be respected.
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34

United Nations Centre for Human Rights., ed. Workshop on international human rights instruments and reporting obligations: Preparation of reports to United Nations human rights treaty bodies : report, Moscow 26-30 August 1991. New York: United Nations, 1992.

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35

Bruno, Simma, and Hernández Gleider I. Part I Conclusion of Treaties, 4 Legal Consequences of an Impermissible Reservation to a Human Rights Treaty: Where Do We Stand? Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588916.003.0004.

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The Vienna Convention's regime on reservations is particularly unfit to cope with the specific characteristics of human rights treaties due to the very limited and particular role played by reciprocity and the ‘inward-targeted’ nature of the obligations stipulated in such instruments. Regional human rights courts and UN human rights treaty bodies have developed certain methods of monitoring the reservations practice of states parties to the respective instruments, but a central question has hitherto remained very controversial, namely that of the legal consequences of a reservation to a human rights treaty which is considered incompatible with that treaty's object and purpose and therefore impermissible. After many years of dealing with the topic of reservations, the UN International Law Commission has finally addressed this issue: Special Rapporteur Alain Pellet has proposed a solution which finds itself essentially in accord with the ‘severability’ doctrine advocated by the human rights community, reconciling this approach and the principle of treaty consent through the introduction of a presumption of severability of an invalid reservation from the body of a human rights treaty, to which the State making such a reservation will then remain bound in full. This chapter supports the Special Rapporteur's proposal, traces its development, and discusses both the advantages and the specific challenges posed by a presumption of severability.
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36

Fortin, Katharine. The Accountability of Armed Groups under Human Rights Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808381.001.0001.

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Although the practice of holding armed groups to account under human rights law remains controversial and under-theorized as a matter of law, statements from Commissions of Inquiry and United Nations Special Rapporteurs holding armed groups to account under this body of law are relatively commonplace. Motivated by this contradiction, this study aims to clarify when and how armed groups are bound by human rights law. It brings several key issues of clarification to the legal framework. The first part of the book presents a new perspective on the role that human rights law plays in the legal framework that applies to non-international armed conflict. In particular, the study investigates the normative added value that human rights law can bring vis-à-vis international humanitarian law. The second part of the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. Combining historical and comparative research with theoretical analysis on international legal personality, the research demonstrates what the legal frameworks of belligerency, insurgency, and international humanitarian law can tell us about when and how such groups may be bound by human rights law. The third part of the book tests and investigates the four most utilized theories of how armed groups are bound by human rights law, examining (i) treaty law, (ii) control of territory, (iii) international criminal law, and (iv) customary international law. The book’s conclusions are drawn together thematically and contain important practical recommendations for practitioners in this field.
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37

Fausto, Pocar. Part III Observance and Application of Treaties, 17 Some Remarks on the Continuity of Human Rights and International Humanitarian Law Treaties. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588916.003.0017.

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This chapter explores how the proliferation of newly independent states and state dissolution has resulted in greater complexity on the issue of state succession of treaty obligations. In particular, between the theories of tabula rasa succession and automatic state succession. The Human Rights Committee, the Convention on Succession of States in respect of Treaties, and the development of customary international law all bolster the imposition of automatic state succession with respect to international human rights and humanitarian law treaties. Automatic state succession is required by the special nature of human rights and humanitarian law. Thus, once a population is granted the protection of such rights, these rights devolve with the territory and a state cannot deny them. Furthermore, other international institutions have enforced these obligations resulting in the continuity of international human rights and humanitarian law treaties.
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38

Andrew, Clapham, Casey-Maslen Stuart, Giacca Gilles, and Parker Sarah. The Arms Trade Treaty: A Commentary. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723523.001.0001.

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The United Nations Arms Trade Treaty (ATT) became binding international law in late 2014, and although the text of the treaty is a relatively concise framework for assessing whether to authorize or deny proposed conventional weapons transfers by states parties, there exists controversy as to the meaning of certain key provisions. Furthermore, the treaty requires a national regulatory body to authorize proposed transfers of conventional weapons covered by the treaty, but does not detail how such a body should be established and how it should effectively function. This book explains in detail each of the treaty provisions, the parameters for prohibitions or the denial of transfers, international co-operation and assistance, and implementation obligations and mechanisms. As states ratify and implement the treaty over the next few years, the commentary provides invaluable guidance to government officials, commentators, and scholars on the meaning of its contentious provisions. This volume describes in detail which weapons are covered by the treaty and explains the different forms of transfer that the ATT regulates. It covers international human rights, trade, disarmament, humanitarian law, criminal law, and state-to-state use of force, as well as the application of the treaty to non-state actors.
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39

Carey, Henry F. Economic, Social, and Cultural Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.161.

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Economic, social, and cultural rights (ESCRs) emerged in the twentieth century as the set of “second-generation” rights after civil and political rights (CPRs). ESCRs represent the “equality” phase of human rights after the “liberty” aspect of CPRs. Despite having achieved legal respect and parity with all other CPRs, ESCRs are often perceived as having less legal clarity and required compliance in practice. ESCRs, however, have a substantial doctrine for many rights of progressive development or realization. In addition to progressive development of all the rights in the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR), the Economic, Social and Cultural Rights Committee, which explains and monitors that treaty, has established a set of core obligations of states. Despite the problems inherent in the process of monitoring ESCRs, there are three major institutions which review the state of ESCRs in the world today: the United Nations (UN), states parties, and non-governmental organizations (NGOs). Additionally, the general direction of the literature on ESCRs is geared towards implementation and promotion of these rights. However, there is a tendency to examine ESCR violations that have a link to CPRs or to UN peace projects. There have also been various initiatives affecting second- and especially third-generation rights, such as the protection of indigenous peoples.
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40

Rodenhäuser, Tilman. Part II: Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198821946.003.0009.

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‘Where are the good old days when everyone knew that human rights violations can only be committed by states against individuals?’1 Gone, replaced by a complex reality in which an exclusive focus on states as duty-bearers under international human rights law (IHRL) no longer provides an adequate model to address numerous human rights violations by non-state armed groups. Instead, states in United Nations (UN) organs or intergovernmental fora, as well as human rights experts, increasingly address demands to respect IHRL directly to armed groups. In order to conceptualize this development, this book raised three main arguments: (1) Contrary to the ‘received wisdom’, human rights may not only apply to the authority–individual relationship. Conceptually, they can also be understood as applying to the horizontal relationships between private actors. (2) While under IHRL treaty law it is primarily upon states to protect individuals against human rights violations by private actors, this obligation is limited if the state loses control over parts of its territory, or is otherwise unable to fulfil its obligations. In order to avoid a protection gap, IHRL obligations should be directly assigned to armed groups. (3) Contemporary international practice suggests that this requires a differentiated approach, taking account of the different nature and capacity of non-state armed groups. Assigning IHRL obligations to armed groups needs to complement and not substitute state obligations under the traditional state-centred human rights protection system....
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41

Human Rights Obligations of Business. Cambridge University Press, 2013.

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42

Gibney, Mark. Litigating Transnational Human Rights Obligations. Routledge, 2013. http://dx.doi.org/10.4324/9780203797471.

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43

Bilchitz, David, and Surya Deva. Human Rights Obligations of Business. Cambridge University Press, 2013.

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44

Buga, Irina. Modification of Treaties by Subsequent Practice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198787822.001.0001.

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Treaties must undergo transformation and modernization to reflect changing norms and developments in international law. But treaties can be notoriously difficult to amend by formal means. One crucial way in which treaty evolution takes place is through subsequent practice, a well-established tool for treaty interpretation. While its initial aim is to shed light on the parties’ original intention, over time, subsequent practice acquires a force of its own and may come to evidence their contemporary understanding of the treaty. Subsequent practice may even diverge so far from treaty provisions that it can no longer be said to constitute an act of treaty interpretation, but becomes, in effect, one of modification. Furthermore, such practice can give rise to new norms of customary international law, which, in turn, may impact pre-existing treaty provisions. The modification of treaties by subsequent practice extends to all fields of international law, from the law of the sea, environmental law, and investment law, to humanitarian law and human rights. Such modifications can have significant practical consequences, from revising or creating new rights and obligations, to establishing new institutional mechanisms. Determining the point when the ‘switch’ from treaty interpretation to treaty modification occurs, however, is itself an act of interpretation. It poses difficulty to legal scholars and dispute settlement bodies alike, especially in light of the silence of the Vienna Convention on the Law of Treaties on this point, and impacts States’ expectations as to their treaty obligations. This book addresses this insufficiently explored issue of international significance.
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45

Nußberger, Angelika. Hard Law or Soft Law—Does it Matter? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198830009.003.0003.

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The European Court of Human Rights takes both hard law and soft law seriously, especially when it is necessary to adapt the wording of the European Convention on Human Rights to changed conditions in European societies and to explore what is called the ‘European consensus’. Nevertheless, the Court does not treat hard law and soft law in the same way. When clashes occur, it takes hard law more seriously than soft law. This finding can be linked to the acceptability and legitimacy of the Court’s jurisprudence. An interpretation of the Convention creating irreconcilable treaty obligations is generally not acceptable. An interpretation of the Convention going less far or further than rules of soft law might be criticized, but does not create unsolvable problems for member States. Thus, while there is no black-and-white scenario, the difference between hard law and soft law still matters in the Court’s jurisprudence.
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46

Mark, Gibney, and Skogly Sigrun, eds. Universal human rights and extraterritorial obligations. Philadelphia: University of Pennsylvania Press, 2010.

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47

Gibney, Mark, and Sigrun Skogly. Universal Human Rights and Extraterritorial Obligations. University of Pennsylvania Press, 2012.

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48

Gibney, Mark, and Sigrun Skogly, eds. Universal Human Rights and Extraterritorial Obligations. University of Pennsylvania Press, 2010. http://dx.doi.org/10.9783/9780812204841.

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49

Randall, Maya Hertig. The History of the Covenants. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825890.003.0002.

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Translating the UDHR into a binding treaty ‘with teeth’ was an acid test for the international community. This chapter places the genesis of the ICESCR and the ICCPR in its political context. It highlights the interlocking challenges of the Cold War and of decolonization and also underscores disagreement among allied nations as well as attempts to ‘export’ the domestic conception of human rights. Three issues central to completing the International Bill of Human Rights are analysed: (1) identification of the rights to be included; (2) States’ obligations to give effect to human rights on the domestic level; and (3) international supervision mechanisms. These issues are closely related to the decision to divide human rights into two Covenants. In tracing the major controversies and decisions reached, light is also cast on the relationship and characteristics of civil and political rights and economic, social, and cultural rights, as understood at the time.
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50

Gibney, Mark, and Wouter Vandenhole. Litigating Transnational Human Rights Obligations: Alternative Judgments. Taylor & Francis Group, 2013.

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