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This book deals with urgency and human rights. 'Urgent' is a word
often used, in very different contexts. Yet together with a
reference to human rights violations, it likely triggers images of
people caught up in armed conflict, facing terror from either the
state, gangs, paramilitaries, or terrorists. Or of people fleeing
terror and facing walls, fences or seas, at risk of being returned
to terror, or ignored, neglected, abused, deprived of access to
justice and basic facilities, facing death, torture and cruel
treatment. Here these both ongoing and expected violations are
explored in the context of (quasi-)judicial proceedings as
international tribunals and domestic courts are increasingly called
upon to order interim measures or accelerate proceedings in such
cases. This edited volume concerns the protective potential of
interim measures in international human rights cases and the
legitimacy of their use and discusses obstacles to their persuasive
use, to clarify how their legitimacy and protective potential could
be enhanced in the context of concrete legal cases. Examining this
is especially pressing when courts and (quasi-)judicial bodies have
used interim measures in response to requests by individuals and
organisations in the context of issues that are unpopular with
governments and/or controversial within society, which has led
states to at times employ political pressure to limit their use.
Urgency and human rights are discussed from the vantage point of
various practitioners and scholars, with the aim of identifying how
interim measures could be legitimate and protective and to single
out obstacles to their implementation. Drawing from practices
developed in various international and regional adjudicatory
systems, the contributors provide their perspectives on the
legitimacy and/or the protective potential of interim measures and
other (quasi-)judicial proceedings in urgent human rights cases.
There is considerable discussion about how interim measures can be
legitimate and well-functioning tools to address urgent human
rights cases. This book aims to contribute to the ongoing
discussion in this respect. Dr. Eva Rieter is senior researcher and
lecturer public international law and human rights law at the
Centre for State and Law, Radboud University, Nijmegen, The
Netherlands. Dr. Karin Zwaan is associate professor in the
Department of Migration Law at the Centre for State and Law,
Radboud University, Nijmegen, The Netherlands.
This book attempts to establish how courts of general jurisdiction
differ from specialized human rights courts in their approach to
the implementation and development of international human rights.
Why do courts of general jurisdiction face particular problems in
relation to the application of international human rights law and
why, in other cases, are they better placed than specialized human
rights courts to act as guardians of international human rights? At
the international level, this volume focusses on the International
Court of Justice and courts of regional economic integration
organizations in Europe, Latin America and Africa. With regard to
the judicial implementation of international human rights and human
rights decisions at the domestic level, the contributions analyze
the requirements set by human rights treaties and offer a series of
country studies on the practice of domestic courts in Europe, the
Americas, Africa and Asia. This book follows up on research
undertaken by the International Human Rights Law Committee of the
International Law Association. It includes the final Committee
report as well as contributions by committee members and external
experts.
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