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Saturday, May 9, 2020 | History

1 edition of The concept of group rights in international law found in the catalog.

The concept of group rights in international law

Corsin Bisaz

The concept of group rights in international law

groups as contested right-holders, subjects and legal persons

by Corsin Bisaz

  • 303 Want to read
  • 19 Currently reading

Published by Martinus Nijhoff Publishers in Leiden, Boston .
Written in English

    Subjects:
  • Human rights,
  • Political aspects,
  • Social groups,
  • Civil rights,
  • Philosophy,
  • Legal status, laws,
  • Minorities

  • Edition Notes

    Includes bibliographical references and index.

    Statementby Corsin Bisaz
    SeriesThe Raoul Wallenberg Institute human rights library ; v. 41
    Classifications
    LC ClassificationsK3242 .B57 2012
    The Physical Object
    Paginationp. cm.
    ID Numbers
    Open LibraryOL25385021M
    ISBN 109789004228702, 9789004228719
    LC Control Number2012028488

    This book is the first comprehensive study of the concept of race in international criminal law. It explores the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyses all the relevant legal instruments, case law, and scholarship. malfeasance. But international law is not such a system and it cannot be turned into one no matter how desirable that may be from a humanistic standpoint. " " I This Article will attempt to defend the opposite conclusion: that the concept of human rights can, and does, play a role in international law. To 5.

      International Human Rights Law offers a thorough, thought-provoking consideration of the essential elements of the subject. It covers all aspects of a typical international human rights course, from philosophical and other foundational issues to substantive rights to systems of protection. It also addresses contemporary challenges to human rights such as terrorism, poverty, and environmental. The concept of indigenous peoples has not only been hotly debated within academic circles over the past two decades, it has been met with skepticism if not outright rejection among representatives of governments, especially in Asia andFile Size: KB.

    The Concept of the State in International Relations viii of International law – (). He is currently working on a history of international legal thought, – William E. Scheuerman is Professor of Political Science at Indiana University, where he presently serves as Graduate Director and. What is the International Rule of Law? “ the rule of law in the international order is, to a considerable extent at least, the domestic rule of law writ large.”1 “ analysis of the role of the Rule of Law as applied at the international level requires a reconceptualization of the principle in such a File Size: 94KB.


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The concept of group rights in international law by Corsin Bisaz Download PDF EPUB FB2

The International Law Handbook was prepared by the Codification Division of the Office of Legal Affairs under the United Nations Programme of Assistance in the Teaching, Study, Dis-semination and Wider Appreciation of International Law, pursuant to General Assembly.

Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through Cited by: 3.

The state of international law at any time reflect the degree of development of international society. Recent developments in international society have made necessary and inevitable the coming-to-consciousness of international law as the fully effective law of a fully functioning international society, but that development faces a number of Cited by: Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach.

Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through. Law, Director of the Program in International Human Rights Law, and Found-ing Faculty Director of the Master of Laws (LL.M.) Track in International Human Rights Law at Indiana University School of Law-Indianapolis.

He is widely published in International human international rights law, has lecturedFile Size: 1MB. The social function of international law is the same as that of other forms of law. It is a mode of the self-constituting of a society, namely the international society of the whole human race the society of all societies.

Law is a system of legal relations which condition social action to serve the common interest. Get this from a library. The concept of group rights in international law: groups as contested right-holders, subjects and legal persons.

[Corsin Bisaz] -- The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in.

theoretical explanation of human rights concept see for example Louis Henkin. The age of rights. New York: Columbia University Press,John S Gibson.

Dictionary of international human rights law, Lanham: Scarecrow,Gudmundur Alfredsson and Asbjorn Eide. The Universal Declaration of Human Rights: a common standard of achievement.

The File Size: KB. International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally accepted in relations between nations. It establishes normative guidelines and a common conceptual framework to guide states across a broad range of domains, including war, diplomacy, trade, and human rights.

This chapter discusses that law, including international law, has a threefold social function. It notes that it is a presence of the social past, the organizing of the social present, and the conditioning of the social future.

It talks about eight systematic implications of such an idea of the social function of law in general, and of international law in : Philip Allott. The Concept of International Law Philip Allott* Abstract The social function of international law is the same as that of other forms of law.

It is a mode are part of the international legal system. International law takes a customary form, in which society orders itself through its experience of self-ordering, and a. Human Rights Law Reports, associate editor of International Law in Domestic Courts (ILDC) and editor of the Africa component of International Human Rights Law(IHRL).

ILDCand IHRLform part of the Oxford Reports on International Law, an online service published by Oxford University Press. viii Research handbook on international human rights law.

Political theorists sometimes speak of different generations of rights. One such generation, the rights of our time, of the last twenty years or so, are ‘solidarity’ rights, including most prominently group rights.

A people, a nation, a race, an ethnic or cultural or linguistic or religious group are now often said to have rights. Group rights are supposed not to be reducible to the.

Ivor Jackson's book is a useful source of reference to the question of refugee status determination in group situations. ' International Journal on Minority and Group Rights, ' For the refugee studies scholar (regardless of discipline) searching for a detailed history of the development of refugee protection, searching in fact for the Cited by: The Universal Declaration of Human Rights is generally agreed to be the foundation of international human rights law.

Adopted inthe UDHR has inspired a rich body of legally binding. Get this from a library. The Concept of Group Rights in International Law: Groups as Contested Right-Holders, Subjects and Legal Persons. [Corsin Bisaz] -- The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in.

Human rights are at the core of international law and international relations. They represent basic values common to all cultures, and must be respected by countries worldwide.

Human rights are inalienable fundamental rights to which a person is inherently entitled simply because he or she is a human being. International law - International law - Historical development: International law reflects the establishment and subsequent modification of a world system founded almost exclusively on the notion that independent sovereign states are the only relevant actors in the international system.

The essential structure of international law was mapped out during the European Renaissance, though its. Group rights, also known as collective rights, are rights held by a group qua group rather than by its members severally; in contrast, individual rights are rights held by individual people; even if they are group-differentiated, which most rights are, they remain individual rights if the right-holders are the individuals themselves.

Group rights have historically been used both to infringe. This book offers a solid and detailed inquiry into the doctrinal evolution of the concept of international legal personality (ILP). Its main purpose is to show in what socio-political context and with what legal-political aim a certain understanding of ILP has been advanced by a specific author or group of authors at a specific : Robert Kolb.

Upon becoming parties to a human rights treaty, states must comply with the obligations enshrined therein. Moreover, when applying human rights treaties, it is important to take into account the existence of general principles which are embedded in international human .1 The Concept of Special Custom in International Law, by Anthony D’Amato,* 63 American Journal of International Law, () Abstract: General customary international law contains rules, norms, and principles that seem applicable to any state and not Cited by: A group right is a right held by a group as a group rather than by its members severally.

The “group” in “group right” describes the nature of the right-holder; it does not describe the mere fact that the right is confined to the members of a group rather than possessed by all members of .