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Introduction = vii
Ineta Ziemele
1. Fair Trial in Death Penalty Cases: A Case Study on the New Military Commissions in the USA = 1
Filipa Marques Junior
Case Study: Military Commi...
목차 전체
Introduction = vii
Ineta Ziemele
1. Fair Trial in Death Penalty Cases: A Case Study on the New Military Commissions in the USA = 1
Filipa Marques Junior
Case Study: Military Commissions in the USA
The Order and Relevant Developments
Analysis of the Military Order
Status
Discrimination
Lack of Independence of the Judiciary and the Executive
Lower Standard of Evidence
Right of Appeal
Legality of Detention
Legal Assistance
State of Emergency
Fair Trial
Death Sentence
Jurisdiction
Credibility
Conclusions
2. Fighting Terrorism and Respecting Human Rights, a Case Study of International Human Rights Jurisprudence = 23
Dominic Laferriere
Introduction
Case Law on Terrorism in the European Commission and Court of Human Rights
Introduction
Obligation to Secure to Everyone within the State's Jurisdiction with the Rights and Freedoms within the ECHR,
Article 1 of the ECHR
The Right to Life, Article 2 of the ECHR
The Conduct and Planning of Counter-Terrorism Operations
The Failure to Investigate the Circumstances of Deaths occurring in the Context of Terrorism or Counter-Terrorism
The Responsibility of States in the Disappearance or Unacknowledged Detention of Suspected Terrorists
The Obligation to Protect the Population from Terrorism Violence
The Death Penalty and Terrorism in the Context of Article 2 of the ECHR
Conclusion on Article 2 of the ECHR and Terrorism
The Prohibition of Torture, Inhumane and Degrading Treatment, Article 3 of the ECHR
Detention Conditions
The Transfer of Alleged Terrorists to Detention Facilities
Disappearances in the Context of Terrorism
Sexual Violence by State Authorities in Counter-Terrorism Operations
The Expulsion of Alleged Terrorists to Countries where III Treatment is Imminent
The Unjustified Destruction of Property
The Death Penalty and Terrorism in the Context of Article 3
Conclusion on Article 3 of the ECHR and Terrorism
Right to Liberty and Security of the Person, Article 5 of the ECHR
Definitions of Terrorism and the Requirement of a Specific Offence under Article 5(1) of the ECHR
The Reasonableness of Suspicion and the Elements of Terrorism
The Length of Detention of Suspected Terrorists without Judicial Control
Detention on Remand
Judicial Review of Deprivation of Liberty, Article 5(4) of the ECHR
Disappearances and Unacknowledged Detention of Suspected Terrorists
Conclusion on Article 5 of the ECHR and Terrorism
Right to a Fair Trial, Article 6 of the ECHR
The Presumption of Innocence
Resorting to Special Courts for Trying Terrorism
Lengths of Proceedings
The Right to Silence
The Monitoring of Correspondence
The Access to Legal Representation
Conclusion on Article 6 of the ECHR and Terrorism
Freedom from Retroactive Criminal Legislation, Article 7 of the ECHR
Right to a Private Life and Family, Article 8 of the ECHR
Secret Surveillance and Information Gathering
Restriction to the Private Life of Detained Terrorists
Destruction of Property in Counter-Terrorism Operations
Conclusions on Article 8 of the ECHR and Terrorism
Freedom of Expression, Article 10 of the ECHR
Basic Legal Principles Applied
Punishing the Defence or Justification of Terrorism
Right of the Public to Know the Motivation and Objectives of Terrorists
Artistic `Call to Violence'
Conclusion on Article 10 of the ECHR and Terrorism
Freedom of Association and Assembly, Article 11 of the ECHR
Right to an Effective Remedy, Article 13 of the ECHR
Article 13 and Terrorism in the Context of Article 8 of the ECHR
Article 13 and Terrorism in the Context of Article 3 of the ECHR
Article 13 and Terrorism in the Context of Article 2 of the ECHR
Article 13 and Terrorism in the Context of Article 1 of Protocol 1 to the ECHR
Conclusion on Article 13 of the ECHR and Terrorism
Prohibition of Discrimination, Article 14 of the ECHR
The Northern Ireland Context
The Turkish Context
Conclusions on Article 14 of the ECHR and Terrorism
Rights of States to Derogate, Article 15 of the ECHR
The Prohibition of Using the Convention to Justify Acts Contrary to It, Article 17 of the ECHR
Right to Property, Article 1 of Protocol 1 to the ECHR
Conclusion on the ECHR and Terrorism
The Case Law of the United Nations Human Rights Committee
Prohibition of Torture or Cruel, Inhuman or Degrading Treatment or Punishment, Article 7 of the ICCPR
Liberty and Security of Person, Article 9 of the ICCPR
Rights of Detainees to be Treated with Humanity and Dignity, Article 10 of the ICCPR
Freedom of Movement, Article 12 of the ICCPR
Protection of Aliens against Arbitrary Expulsion, Article 13 of the ICCPR
Right to a Fair Trial, Article 14 of the ICCPR
Conclusion on the HRC Jurisprudence on Terrorism
Final Conclusions and Analysis
3. Multiple Discrimination and the System of International Human Rights Law: The Example of Haitian Women in the
Dominican Republic = 79
Kajsa Obrink
Introduction
Theoretical Framework
Discrimination
The Relationship Between Material Rights and Discrimination
Multiple Discrimination
Intersectionality
Multiple Identities
Over-inclusion and Under-inclusion
Dealing with Discrimination
UN Bodies
The Beijing Platform for Action
Committee on the Elimination of Racial Discrimination
Women 2000: Gender Equality, Development and Peace for the 21st Century
Report of the Expert Group Meeting
Commission on the Status of Women
World Conference Against Racism
Case Law
HRC Sandra Lovelace v. Canada
ECtHR Airey v. Ireland
CERD Mrs A Yilmaz Dogan
Haitians in the Dominican Republic
Background
Living Conditions
Prejudice Against Haitian and Other Blacks
Haitian Women
Permanent Illegality
National and International Obligations
Women in the Dominican Republic
Background
Black Women
National and International Obligations
Method to Identify Multiple Discrimination
The Example of Haitian Women in the Dominican Republic
Comparisons
Haitian Women and International Human Rights Law
Conclusion
4. Where are the Women? - A Gender Approach to Refugee Law = 107
Annette Lyth
Introduction
Methodology and Notions
Feminist Jurisprudence
The Public/Private Dichotomy
Legal Equality
The Concepts of Women and Gender
Universal Human Rights for Whom?
Refugee Law
Persecution
Persecuting Laws and Customs
Violence Against Women
In Armed Conflicts
By Family Members
State Responsibility
In Human Rights Law
In Refugee Law
The Grounds for Persecution
Race
Religion
Nationality
Member of a Particular Social Group
Political Opinion
Gender
Misconceptualisation or Reconceptualisation?
The Swedish Example
Legislation
On Gender in General
On Asylum Issues
The Confusion of Gender
Practice
Gendered Customs and Laws
Rape and Other Forms of Sexual Violence
Domestic Violence
Honour Killings
Female Genital Mutilation (FGM)
Critique of the Swedish Legislation
Remedies
Conclusion
5. Minimum Wage Regulation: An Extension to the Right to an Adequate Standard of Living = 149
Mona Ressaissi
Introduction
Defining the Problem
Poverty
Globalisation
Trade Agreements
Migrant Workers
The Poverty Line
Purchasing Power
Definitions
Wage
Minimum Wage
Adequate
The Link
Food
Housing
Medicine and Care
Clothing
Conclusion
International and Regional Standards
Customs and Traditions
Australia and New Zealand
Europe
The United States
Asia and Africa
Latin America
Ideas of Free Market
Conclusion on Customs and Traditions
Standards and Provisions
International Standards
International Standards on Wages
International Standards on the Adequate Standard of Living
Human Dignity
Equal Remuneration
Obligation of State Parties
State Obligations under the UDHR and ICESCR
Domestic Application
International Obligation
Moral Argument
ILO Standards
ILO Minimum Wage History
Conventions 26 and 99
Objectives
Scope
Binding Force
Convention 131
Objectives
Scope
Binding Force
Implementing Problems and Comments: Committee of Experts Reports
Economic and Social Conditions
Willingness of Market Players
Understanding of the Law
Lack of Reliable Statistics
Informal Employees
Trade Unions
Government Subsidies
National Legislation
Recommendations
United Nations
International Human Rights Declarations on the Subject
International Labour Organization
Conventions
Evaluation Process
Regional Monitoring
Central Resources
States
Human Rights Offices
Summary
6. Oil-Exploitation in Nigeria: Procedures Addressing Human Rights Abuses = 193
Malin Kall
Introduction
Oil-Exploitation in Nigeria
The Influence of Oil Companies within the Region
The Effect of Oil-Exploitation
Environmental Damage
Distribution of Benefits
Local Movements
Use of Force
Nigerian Procedures Addressing the Human rights violations
Nigerian Court Cases
Cases Concerning Use of Force
Compensation for Pollution
Compensation for Oil and Natural Gas
National Non-Judicial Procedures
National Commissions and Inquiries
The Justice Oputa Panel
International Procedures Addressing the Human Rights Violations
US Court Cases
Wiwa v. Royal Dutch Petroleum Company, Personal Jurisdiction and Forum Non Conveniens
Wiwa v. Royal Dutch Petroleum Company, Subject Matter Jurisdiction
The Alien Tort Claims Act
The Torture Victim Protection Act
The Racketeering Influenced and Corrupt Organisations Act
Act of State Doctrine
Abiola v. Abubakar
International Non-Judicial Procedures
The African Commission on Human and Peoples' Rights
UN Involvement
Conclusion - Procedures for Addressing Violations of International Law
7. The Big Ones of the Music Industry: Copyright and Human Rights Aspects of the Music Business = 237
George Jokhadze
Introduction
General Issues
Human Rights Accountability of Multinational Corporations
Definition and status of multinational corporation in international law
Are Human Rights Binding on Multinational Corporations?
Do Corporations Have Certain Human Rights?
Copyright and Human Rights - General Overview
A Human Rights Approach to Copyright - Direct References
Indirect Link - Right to Property
Indirect Link - Freedom of Expression
Moral Rights Doctrine
Battle For Copyright
Legal and Economic Justifications for Copyright Protection
Copyrights Regime Applying to Musical Works and Sound Recordings
Technical Aspects of the File-sharing Process
Copyright Infringement Involved in Online Piracy
Reproduction Rights
Distribution Rights
Rental and Lending Rights
Communication Rights
Human Rights Online
Authorship in a Human Rights Perspective
Public Domain and Human Rights - a Missing Balance
File-sharing Networks as Digital Libraries and Fair Use--the Right to Cultural Development?
The Reversal of `Incentives Theory'--Human Rights Support
Fair Use, Presumption of Innocence and Privacy
Developing Countries and the Right to Development
Is the Argument of `Human Rights of Corporations' also Applicable to Copyrights?
Recording Contracts
The Contract
Recent Disputes over Unfair Practices
Freedom of Contract--a Human Right?
Other Human Rights Concerns
Antitrust
Real Costs of the Compact Disc
Investigations into Price-fixing Deals
Are there any Human Rights Defences Against Monopolies?
Censoring Music
Introduction
Does Copyright Protect Freedom of Speech?
Conclusions
List of Contributors 289
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