Remedies in International Human Rights Law

Remedies in International Human Rights Law

Remedies in International Human Rights Law

Remedies in International Human Rights Law

Synopsis

The fully revised and updated Third Edition of Remedies in International Human Rights Law provides a comprehensive analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating and litigating issues of redress for victims. The Third Edition incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analysed in context and create a comprehensive and accessible portrait of the state of remedial human rights law today.

Excerpt

During the decade since the previous edition of this book appeared, attention to its subject matter has substantially increased and there have been further major developments in the remedial jurisprudence of national and international tribunals. the United Nations adopted now widely cited principles and guidelines on reparations for gross and systematic violations of human rights and humanitarian law. the International Criminal Court developed principles on victim reparations and made its first award. the International Court of Justice issued its first judgment awarding compensation for human rights violations. the International Law Commission moved beyond its articles on the law of state responsibility, including the chapter on reparations, to take up the issue of the responsibility of international organizations, completing its articles in 2011. New petition procedures entered into force for United Nations human rights treaty bodies. the un Compensation Commission completed its work on redress for injuries resulting from the 1991 Iraqi invasion of Kuwait, providing one model for processing mass claims of violations, while the Ethiopia/Eritrea arbitration provided another.

At the regional level, the Association of South-East Asian Nations created an intergovernmental commission on human rights and adopted an ASEAN Declaration of Human Rights. a few states parties to the 2004 Arab Charter on Human Rights together with non-governmental organizations have held meetings to discuss the establishment of an Arab Human Rights Court. the African Court of Human Rights issued its first merits judgment.

National courts and some regional bodies increasingly hear claims for redress brought not only by victims of recent human rights abuses but also by those who have suffered from unrepaired historical injustices. Some national courts and regional tribunals have made pioneering decisions on the justiciability and redress of violations of economic and social rights. the case load of all human rights tribunals unceasingly increases, leading to reforms in procedure such as the pilot judgment mechanism in the European Court of Human Rights and changes in its jurisprudence. This third edition aims to take into account these developments as well as the constructive remarks of readers and reviewers of the earlier version.

The book originally emerged from discussions about human rights complaint procedures in courses and seminars over a number of years. Students often asked what redress applicants can expect to receive as a result of presenting international claims. the question became a research project that turned into a law review article that evolved into the book. During the research and writing, many persons have assisted by providing materials, discussing issues and criticizing drafts. Without them the book could not have been completed. Barbara Fontana did the first seminar paper and law review comment on damages in the European human rights system in 1991. John Blakeley, Joseph Broussard, Willem Gravett, and Paul Simo provided valuable student assistance in preparing the first edition.

I am particularly grateful to those in the various international organizations . . .

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