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Can international human rights law be applied and enforced in a part of a State's territory outside its effective control? This study provides a step by step analysis to show how it can. International human rights law can normalise an imperfect, defective situation through pragmatic interpretation; it imposes obligations both on the territorial State on account of its sovereign title and residual effectiveness on the one hand, and on any subject of international law exercising territorial control over the area on account of its effective control on the other. By considering effectiveness beyond formal normative sources and titles of the subjects implicated in the territorial situation, international human rights law is interpreted and applied in a manner which renders human rights practical and effective. The book provides a comprehensive analysis of State practice regarding various subjects implicated in the territorial situation, applicable legal sources and major geographic areas.
There is an increasing amount of literature on various aspects of United Nations Security Council Resolution 1325. While appreciating this scholarship, this volume highlights some of the omissions and concerns to make a quality addition to the ongoing discourse on the intersection of gender with peace and security with a focus on 1325. It aims at a reality-check of the impressive to-dos list as the seventeen years since the Resolution passed provide an occasion to pause and ponder over the gap between the aspirations and the reality, the ideal and the practice, the promises and the action, the euphoria and the despair. The volume compiles carefully selected essays woven around Resolution 1325 to tease out the intricacies within both the Resolution and its implementation. Through a cocktail of well-known and some lesser-known case studies, the volume addresses complicated realities with the intention of impacting policy-making and the academic fields of gender, peace, and security. The volume emphasizes the significance of transforming formal peace making processes, and making them gender inclusive and gender sensitive by critically examining some omissions in the challenges that the Resolution implementation confronts. The major question the volume seeks to address is this: where are women positioned in the formal peace-making seventeen years after the adoption of Resolution 1325?
There is an increasing amount of literature on various aspects of United Nations Security Council Resolution 1325. While appreciating this scholarship, this volume highlights some of the omissions and concerns to make a quality addition to the ongoing discourse on the intersection of gender with peace and security with a focus on 1325. It aims at a reality-check of the impressive to-dos list as the seventeen years since the Resolution passed provide an occasion to pause and ponder over the gap between the aspirations and the reality, the ideal and the practice, the promises and the action, the euphoria and the despair. The volume compiles carefully selected essays woven around Resolution 1325 to tease out the intricacies within both the Resolution and its implementation. Through a cocktail of well-known and some lesser-known case studies, the volume addresses complicated realities with the intention of impacting policy-making and the academic fields of gender, peace, and security. The volume emphasizes the significance of transforming formal peace making processes, and making them gender inclusive and gender sensitive by critically examining some omissions in the challenges that the Resolution implementation confronts. The major question the volume seeks to address is this: where are women positioned in the formal peace-making seventeen years after the adoption of Resolution 1325?
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