International Human Rights Law

Name: International Human Rights Law
Price: 5210 ISK
Availability: InStock
Author: Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran
ISBN: 9780192603951

Höfundar: Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran (Útgáfa: 4)

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Written by leading experts in the field, this compelling textbook explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. A variety of perspectives bring this multifaceted and sometimes contentious subject to life, making International Human Rights Law the ideal companion for students of human rights.

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Útgefandi: Oxford University Press Academic UK

ISBN: 9780192603951

Print ISBN: 9780198860112

Format: ePub

Útgáfa: 4

Höfundar: Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran

Tungumál: English

Útgefið: 2022-06-23

Prent takmörkun á líftíma: 100

Prent takmörkun: 2

Afritunar takmörkun: 2

Flokkar: Lögfræði

Efnisflokkar: Lögfræði › Alþjóðaréttur

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Cover
Title Page
Copyright page
Dedication page
Table of Contents
Foreword
Preface
Notes on Contributors
Abbreviations
Table of International Instruments
Table of Cases
International Cases
National Cases
Part I Foundations
1 History
1 Introduction
2 Human Rights on the Domestic Plane
2.1 The Enlightenment Thinkers
2.2 Human Rights Transformed into Positive Law
2.3 Nineteenth-Century Challenges to Natural Rights
2.4 Domestic Protection of Human Rights Today
3 Human Rights on the International Plane Before the Second World War
3.1 International Humanitarian Law and the Abolition of the Slave Trade
3.2 The Protection of Minorities and the League of Nations
4 Human Rights on the International Plane After the Second World War
4.1 Crimes Against Humanity
4.2 The UN Charter
4.3 The Universal Declaration of Human Rights
5 Conclusion
Further Reading
Useful Websites
Questions for Reflection
2 Justifications
1 Introduction
2 Why Justify Human Rights
2.1 Explaining Justification
2.2 Justifying Justification
3 How to Justify Human Rights
3.1 Justifications of Moral and Legal Rights
3.2 Moral and Legal Justifications of Moral and Legal Rights
4 Which Justifications for Human Rights
4.1 A Plurality of Justifications
4.2 Two Potential Justifications
4.2.1 Equality
4.2.2 Dignity
5 What Follows From the Justification of Human Rights
5.1 Human Rights Justifications and the Universality of Human Rights
5.2 Human Rights Justifications and the Stringency of Human Rights
6 Conclusion
Further Reading
Useful Websites
Questions for Reflection
3 Critiques
1 Introduction
2 Early Critiques
2.1 The Realist Critique
2.2 The Utilitarian Critique
2.3 The Marxist Critique
3 More Recent Critiques
3.1 The Cultural Relativist or Particularist Critique
3.2 The Feminist Critique
3.3 The Post-Colonial Critique
4 Conclusion
Further Reading
Questions for Reflection
Part II International Law
4 Sources
1 Introduction
2 Formal Sources
3 Treaties
3.1 The Principal Treaties
3.2 The Importance of Treaties
3.3 Revitalizing the Treaty System
3.3.1 Additional protocols
3.3.2 General comments or recommendations
4 Customary International Law
5 Jus Cogens
6 General Principles of Law
7 Judicial Decisions
7.1 Interaction at the International and Regional Levels
7.2 Interaction Between National Courts
7.3 Human Rights Litigation
8 Writings of Jurists
9 Other Sources
9.1 Work of Treaty Bodies
9.2 Resolutions of International Institutions
9.3 Other Forms of Soft Law
10 Conclusion
Further Reading
Useful Websites
Questions for Reflection
5 Special Character
1 Introduction
2 The Relationship of Human Rights to General International Law
3 The ‘Special Character’ of Human Rights Obligations
4 Reservations
4.1 Permissibility
4.2 Responsibility for Assessment
4.3 Consequences
5 Remedies for Violations of Human Rights Obligations
6 Withdrawal
7 Conclusion
Further Reading
Questions for Reflection
6 Scope of Application
1 Introduction
2 Who Has Human Rights Obligations?
3 Who Has Human Rights?
3.1 Non-Nationals
3.2 The Unborn
3.3 Collective Entities
4 For Which Entities is a State Responsible?
4.1 Private Actors
4.2 International Organizations
4.3 Other States
5 Where Do Human Rights Apply?
5.1 The European Human Rights System
5.1.1 The spatial model
5.1.2 The personal model
5.1.3 The procedural model
5.2 The Inter-American Human Rights System
5.3 The African System of Human Rights
5.4 The UN System of Human Rights
5.4.1 The ICCPR
5.4.2 The ICESCR
5.5 Overall Assessment
6 Conclusion
Further Reading
Questions for Reflection
7 Rights and Obligations
1 Introduction
2 From Rights to Obligations
3 Obligations to Respect, Protect, and Fulfil Rights
3.1 The Obligation to Respect
3.2 The Obligation to Protect
3.3 The Obligation to Fulfil
3.4 Beyond the Tripartite Typology
4 Obligations and Limitations
4.1 Absolute Obligations
4.2 Derogations and Limitations
4.3 Progressive and Non-Retrogressive Obligations
5 The State as a Duty-Holder
5.1 Extraterritorial Obligations
5.2 Obligations and Accountability
6 Conclusion
Further Reading
Questions for Reflection
Part III Substantive Rights
8 Equality and Non-Discrimination
1 Introduction
2 The Meaning of Equality and Non-Discrimination
2.1 Formal Equality
2.2 Substantive Equality
3 Equality and Non-Discrimination in International Law
3.1 Sources
3.2 Scope: Subordinate and Autonomous Norms
3.3 Prohibited Grounds of Distinction
4 Direct and Indirect Discrimination
4.1 Direct Discrimination
4.2 Indirect Discrimination
4.3 Discriminatory Intention
5 Justified and Unjustified Distinctions
5.1 The Justification Test
5.2 Standard of Review
5.3 Evidence and Proof
6 Positive Action
7 Conclusion
Further Reading
Useful Websites
Questions for Reflection
9 Integrity of the Person
1 Introduction
1.1 Respect for Human Dignity
1.2 Integrity of the Person
2 The Right to be Free From Torture and Ill-Treatment
2.1 Sources
2.2 Legal Status
2.3 Definition
2.3.1 Severe pain or suffering, whether physical or mental
2.3.2 Specific purpose
2.3.3 Public official
2.3.4 Pain or suffering arising from lawful sanctions
2.4 State Obligations
2.5 Specific Practices
3 The Right to Life
3.1 Sources
3.2 Legal Status
3.3 Territorial Scope
3.4 Temporal Scope: Beginning and End of Life
3.5 Material Scope: the Prohibition of Arbitrary Deprivation of Life
3.6 Specific Practices
3.6.1 Lethal force by police and security forces
3.6.2 The death penalty
4 Conclusion
Further Reading
Useful Websites
Questions for Reflection
10 Adequate Standard of Living
1 Introduction
2 Meaning and Features
2.1 Duties of the Individual
2.2 State Obligations
2.3 Equality and Non-Discrimination as an Overarching Principle
3 Normative Content
3.1 The Right to Food
3.1.1 Sources
3.1.2 Components and obligations
3.1.3 The right to water
3.1.4 Realization
3.2 The Right to Housing
3.2.1 Sources
3.2.2 Components and obligations
3.2.3 Realization
3.3 The Right to Health
3.3.1 Sources
3.3.2 Components and obligations
3.3.3 Realization
4 Categories and Groups of People with Special Concerns
4.1 Women
4.2 Children
4.3 Indigenous Peoples
4.4 Dalits in South Asia and Roma in Europe
5 Relationship With Other Human Rights
5.1 The Right to Social Security and Social Assistance
5.2 Civil and Political Rights
6 Progressive Implementation
7 The Importance of International Monitoring and Recourse Procedures
8 Conclusion
Further Reading
Useful Websites
Questions for Reflection
11 Thought, Expression, Association, and Assembly
1 Introduction
1.1 Four Freedoms and their Relationships
1.2 Limitations
2 Freedom of Thought, Conscience, and Religion
2.1 Sources
2.2 Scope
2.3 Freedom of Religion or Belief
2.3.1 Manifestation of religion
2.3.2 Freedom to change religion or belief
2.3.3 Proselytism
2.3.4 Religion and the state
2.4 Limitations
2.4.1 Forum internum and forum externum
2.4.2 Grounds of limitation
Religious clothing and symbols
Conscientious objection to military service
3 Freedom of Opinion and Expression
3.1 Sources
3.2 Scope
3.2.1 Freedom of opinion
3.2.2 Freedom of expression
The internet
3.2.3 Media freedom
3.2.4 Freedom of information laws
3.3 Limitations
3.3.1 Privacy
3.3.2 Defamation
3.3.3 Hate speech
Islamophobia, anti-Semitism, and Holocaust denial
Blasphemy
4 Freedom of Association
4.1 Sources
4.2 Scope
4.2.1 The right not to associate
4.2.2 The right to strike
4.3 Limitations
4.3.1 Banning political parties
4.3.2 Additional limitations applicable to military and police
5 Freedom of Assembly
5.1 Sources
5.2 Scope
5.3 Limitations
5.3.1 Prior notifications and permits
5.3.2 Repressive restrictions
6 Conclusion
Further Reading
Useful Websites
Questions for Reflection
12 Education and Work
1 Introduction
2 The Right to Education
2.1 Sources
2.1.1 Universal instruments
2.1.2 Regional instruments
2.2 Features
2.3 The Aims of Education
2.4 Components
2.4.1 Access to education on a non-discriminatory basis
2.4.2 The right to enjoy free and compulsory primary education
2.4.3 Free choice of education
2.4.4 The right to be educated in the language of one’s own choice
2.5 Types of Obligations
2.6 Relationship With Other Human Rights
3 The Right to Work and Work-Related Rights
3.1 Sources
3.1.1 Universal instruments
3.1.2 Regional instruments
3.1.3 ILO conventions
3.2 Features
3.3 Components
3.4 Obligations
3.5 Relationship With Other Human Rights
4 Conclusion
Further Reading
Useful Websites
Questions for Reflection
13 Detention and Trial
1 Introduction
2 Freedom From Arbitrary Detention
2.1 Sources
2.2 Scope and Types of Obligations
2.3 Permissible Deprivations of Liberty
2.3.1 Legality
2.3.2 Arbitrariness
2.4 Guarantees to Those Deprived of Their Liberty
2.4.1 Rights of all detainees
Right to be informed of reasons for detention
Right to humane treatment
Rights to challenge the legality of detention and remedies
2.4.2 Rights of those detained on a criminal charge
2.4.3 Rights of foreign nationals
2.5 Emergency Detention Powers
3 Enforced Disappearance
4 Security of the Person
5 The Right to a Fair Trial
5.1 Sources
5.2 Scope and Types of Obligations
5.3 Generally Applicable Fair Trial Guarantees
5.3.1 Equality before the courts
Equal access
Equality of arms and treatment without discrimination
5.3.2 Hearing by a competent, independent, and impartial tribunal
5.3.3 Fair and public hearing
‘Fair’
‘Public’
5.4 Fair Trial Guarantees in Criminal Proceedings
5.4.1 Presumption of innocence
5.4.2 Freedom from self-incrimination
5.4.3 Right to be informed of the charge
5.4.4 Right to an adequate defence
5.4.5 Right to review
5.4.6 Ne bis in idem
5.4.7 ‘No punishment without law’
5.4.8 Protection of juveniles
6 Conclusion
Further Reading
Useful Websites
Questions for Reflection
14 Cultural Rights
1 Introduction
2 What is ‘Cultural Life’?
2.1 From High Culture to Popular Culture
2.2 From Culture as the Life of the Mind to Culture as a Way of Life
3 The Right to Take Part in Cultural Life
3.1 The Normative Content of the Right to Take Part in Cultural Life
3.2 Groups Requiring Special Attention
3.3 Limitations to the Right
4 The Right to Science
4.1 Essential Elements of the Right
4.2 Linkages With Other Rights
4.3 Right to Science and Intellectual Property
5 The Rights of Authors and Inventors
5.1 Human Rights and Intellectual Property
5.2 The Content and Limitations of the Right Under Article 15(1)(c) ICESCR
6 Conclusion
Further Reading
Useful Websites
Questions for Reflection
15 Sexual Orientation and Gender Identity
1 Introduction
2 Forms of Vulnerability
3 Review of Law and Jurisprudence
3.1 Protection of Privacy Rights
3.2 Discrimination
3.3 General Human Rights Protection
4 Legal Initiatives to Bridge the Gap Between Law and Practice
5 Conclusion
Further Reading
Useful Websites
Questions for Reflection
16 Women’s Rights
1 Introduction
2 A New Era of Non-Discrimination on the Ground of Sex and Equality with Men
2.1 The Position Prior to 1945
2.2 The UDHR and the International Covenants
3 The Substantive Equality Approach of CEDAW
3.1 Towards a Robust Understanding of Equality
3.2 Limitations of the CEDAW Approach
4 Mainstreaming Women’s Human Rights
4.1 Re-Imagining the Universal Subject: the Approach of the Human Rights Committee
4.2 Analysing the Relationship Between Gender and Racial Discrimination: the Approach of the Committee on the Elimination of Racial Discrimination
4.3 Addressing the Inequality of Both Women and Men: the Approach of the Committee on Economic, Social and Cultural Rights
4.4 Recognizing Gender as a Key Factor: the Approach of the Committee Against Torture
5 Conclusion
Further Reading
Useful Websites
Questions for Reflection
17 Children’s Rights
1 Introduction
2 The Importance of Looking Beyond Law
3 The ‘Child’ for the Purposes of the CRC
4 A Eurocentric Instrument?
5 The Role of the CRC Committee
6 Rights and Principles Under the CRC
6.1 Bringing Economic, Civil, Social, Political, and Cultural Rights Together
6.2 General Principles
6.2.1 Non-discrimination (Article 2)
6.2.2 Best interests of the child (Article 3(1))
6.2.3 Right to life, survival, and development (Article 6)
6.2.4 Right to respect for the views of the child (Article 12)
7 Obligations Imposed by the CRC
8 Duty-Bearers Under the CRC
9 Jurisdiction and Beyond Under the CRC
10 Limitations
11 Conclusion
Further Reading
Useful Websites
Questions for Reflection
18 Group Rights
1 Introduction
1.1 Group Rights
1.2 Group Rights v Rights of Individuals
1.3 Relevance of Group Rights
2 The Right to Self-Determination
2.1 Definition
3 The Application of the Right to Self-Determination
3.1 Colonial Context
3.2 Outside the Colonial Context
4 The Exercise of the Right to Self-Determination
4.1 External and Internal Self-Determination
4.2 Procedures for Exercising the Right to Self-Determination
5 Limitations on the Exercise of the Right to Self-Determination
5.1 Rights of Others
5.2 Territorial Integrity
5.3 Other Limitations
6 Minorities
6.1 Defining ‘Minorities’
6.2 Rights of Minorities
6.3 Exercise of Minority Rights
6.4 Individual v Group Rights of Minorities
7 Indigenous Peoples
7.1 Defining ‘Indigenous Peoples’
7.2 The Rights of Indigenous Peoples
7.3 Exercise of Indigenous Peoples’ Rights
8 Conclusion
Further Reading
Questions for Reflection
Part IV Protection
19 United Nations
1 Introduction
2 The Human Rights Council
2.1 Composition, Working Methods, and Mandate
2.2 Universal Periodic Review
2.3 Responses to Urgent and Country Situations
2.4 Special Procedures
2.5 Complaint Procedure
2.6 Human Rights Council Advisory Committee
2.7 Other Subsidiary Bodies
2.8 Review and Other Discussions
2.9 Conclusion
3 The Treaty-Based Bodies
3.1 State Reporting
3.2 General Comments
3.3 Inquiries
3.4 Complaints Procedures
3.4.1 Inter-state complaints
3.4.2 Individual complaints
3.5 Treaty Body Coordination, Harmonization, Reform, and Strengthening
3.6 Conclusion
4 The Office of the UN High Commissioner for Human Rights
5 Human Rights Activities in Other Parts of the UN
5.1 General Assembly
5.2 Security Council
5.3 Secretary-General
5.4 International Court of Justice
6 Conclusion
Further Reading
Useful Websites
Questions for Reflection
20 Regional Protection
1 Introduction
2 The Development of Human Rights Norms at Regional and UN Levels
3 Regional Human Rights Institutions
4 Convergence and Divergence in Regional Human Rights Protection
4.1 Effective and Harmonious Interpretation
4.2 The Margin of Appreciation in the Regional Human Rights Systems
5 Conclusion
Further Reading
Useful Websites
Questions for Reflection
21 The Americas
1 Introduction
2 Historical Overview
3 American Convention on Human Rights
4 Inter-American Commission on Human Rights
4.1 Structure and Composition
4.2 Individual Complaints Procedures
4.3 Other Roles of the Commission
5 Inter-American Court of Human Rights
5.1 Structure and Composition
5.2 Contentious Cases
5.3 Court-Ordered Reparations and State Compliance
5.4 Interim Measures
5.5 Advisory Jurisdiction
6 Challenges to the Inter-American System
7 Conclusion
Further Reading
Useful Websites
Questions for Reflection
22 Europe
1 Introduction
2 The Organization for Security and Co‑Operation in Europe
3 The Council of Europe
3.1 Origins
3.2 Key Institutions
3.3 Key Instruments
4 The European Convention on Human Rights
4.1 Substantive Rights
4.2 Institutional and Procedural Background
4.3 Complaints Procedures
4.3.1 Inter-state applications
4.3.2 Individual applications
4.4 Resolution of Complaints
4.4.1 Friendly settlement
4.4.2 Adjudication on the merits
4.5 Supervision of the Execution of Judgments
5 The European Union
5.1 Human Rights and the Court of Justice of the European Union
5.2 The Charter of Fundamental Rights
5.3 The Fundamental Rights Agency and the Commissioner for Justice, Fundamental Rights and Citizenship
6 Conclusion
Further Reading
Useful Websites
Questions for Reflection
23 Africa
1 Introduction
2 Historical Overview
3 The African Charter and Other Relevant Treaties
3.1 Norms Recognized in the African Charter
3.2 Duties and Limitations
3.3 Protection of Women, Children, and Vulnerable Groups
4 The Protective Mechanisms
4.1 The African Commission
4.1.1 Structure and composition
4.1.2 The complaints procedure
4.1.3 Consideration of state reports
4.1.4 Special Rapporteurs and working groups
4.1.5 On-site visits
4.1.6 Resolutions
4.1.7 Relationship with NGOs
4.1.8 Interaction with AU political bodies
4.2 The African Court on Human and Peoples’ Rights
4.2.1 Background
4.2.2 Composition
4.2.3 Procedure
4.3 The AU Main Organs and Human Rights
4.3.1 Overview
4.3.2 Pan-African Parliament
4.3.3 The Economic, Social and Cultural Council
4.3.4 Peace and Security Council
4.4 The African Peer Review Mechanism
5 Conclusion
Further Reading
Useful Websites
Questions for Reflection
24 Within the State
1 Introduction
2 Substantive Protections
2.1 Incorporation of International Human Rights Norms into Domestic Law
2.1.1 Customary international law
2.1.2 Human rights treaties in monist jurisdictions
2.1.3 Human rights treaties in dualist jurisdictions
2.1.4 The relevance of unincorporated human rights treaties and soft law
2.2 Constitutional Guarantees of Human Rights
2.2.1 Development of constitutional rights
2.2.2 Content of constitutional rights
2.3 Legislative Protection of Human Rights
2.3.1 Legislative bills of rights
2.3.2 Legislative protection of human rights through other means
2.4 Common Law Protection of Human Rights
3 Institutional Protections
3.1 The Courts
3.2 The Executive
3.3 The Legislature
3.4 Other Bodies
3.4.1 Ombudsmen
3.4.2 National human rights institutions
4 Conclusion
Further Reading
Useful Websites
Questions for Reflection
Part V Linkages
25 International Humanitarian Law
1 Introduction
2 What is International Humanitarian Law?
3 Different Approaches; Shared Values
4 Reasons for the Application of Human Rights Law in Armed Conflict
4.1 Non-Applicability of International Humanitarian Law
4.2 Generally Higher Standards of Protection
4.3 Enforcement Mechanisms
5 The Relationship Between the Two Bodies of Law
5.1 Rights Exclusively Matters of International Humanitarian Law
5.2 Rights Exclusively Matters of International Human Rights Law
5.3 Rights Matters of Both International Human Rights Law and International Humanitarian Law
5.3.1 Lex specialis
5.3.1.1 Lex specialis as modification
5.3.1.2 Lex specialis as application
5.3.2 Taking into account any relevant rules of international law
6 Difficulties with the Application of International Human Rights Law to Armed Conflict
6.1 Asymmetrical Obligations Between the Parties
6.2 Differential Obligations Within a Coalition
6.3 Sphere of Applicability
7 Conclusion
Further Reading
Useful Websites
Questions for Reflection
26 International Criminal Law
1 Introduction
2 Human Rights Law and International Crimes
2.1 Genocide
2.1.1 Definition
2.1.2 External element
2.1.3 Protected groups
2.1.4 The context of genocide
2.1.5 Internal element
2.2 Crimes Against Humanity
2.2.1 Context: widespread or systematic attack
2.2.2 Context: policy
2.2.3 External element
2.2.4 Internal element
2.3 War Crimes
2.4 Aggression
3 Prosecutions: International and National
4 Non-Prosecutorial Options
4.1 Amnesties
4.2 Truth and Reconciliation Commissions
5 Conclusion
Further Reading
Useful Websites
Questions for Reflection
27 International Refugee Law
1 Introduction
2 What is International Refugee Law?
3 Fundamental Elements of International Refugee Law
4 Relationship Between the Two Bodies of Law
5 Human Rights and Refugee Status
6 Refugee Non-Refoulement and Human Rights
6.1 Push Backs at Sea
6.2 ‘Climate Refugees’: Refoulement to Pollution or Risks to Health Related to Climate Change
6.3 Border Closures During the COVID-19 Pandemic
7 Rights of Refugees
8 The End of Refugee Status and Solutions for Refugees
9 Conclusion
Further Reading
Useful Websites
Questions for Reflection
Part VI Challenges
28 Non-State Actors
1 Introduction
2 Globalization, Privatization, Fragmentation, Feminization, and Criminalization
3 The Legal Framework
3.1 Human Rights Treaties and the State’s Positive Obligations
3.2 Human Rights Crimes Committed by Non-State Actors
3.3 The Obligation of Non-Refoulement Towards Threats to Human Rights Posed by Non-State Actors
3.4 National Law and Horizontal Effect
4 Corporate Social Responsibility and the Move Towards Accountability
4.1 The UN Guiding Principles
4.2 Evolving Mechanisms for Complaints of Human Rights Violations by Companies
4.3 Human Rights Compliance as a Criterion for Ethical Investment
4.4 Corporations Bound by International Criminal Law
5 Armed Non-State Actors
6 Human Rights Sanctions Regimes
7 Conclusion
Further Reading
Useful Websites
Questions for Reflection
29 Terrorism
1 Introduction
2 Is Terrorism a Violation of Human Rights?
3 Applicability of Human Rights Law in the Fight Against Terrorism
3.1 Times of Armed Conflict or Emergency
3.2 Extraterritorial Applicability of Human Rights Law
4 The Notion of Terrorism and Its Misuse
5 Substantive Challenges to Human Rights Law in the Fight Against Terrorism
5.1 Freedom from Torture and Cruel, Inhuman, or Degrading Treatment
5.2 Right to Liberty and Right to a Fair Trial
5.3 Right to Non-Discrimination
5.4 Economic, Social, and Cultural Rights
6 An Institutional Challenge: Terrorist Listing by the Security Council
7 Conclusion: Will the Pendulum be Swinging Back and Forth?
Further Reading
Useful Websites
Questions for Reflection
30 Poverty
1 Introduction
2 Poverty and Human Rights
2.1 Poverty as Measured by Development Practitioners
2.2 Poverty as Examined by Human Rights Bodies
3 Divergence of Poverty Reduction and Human Rights Agendas
3.1 Resistance to Human Rights Discourse in Economic Thinking
3.2 The Perspective of Central Banks and Ministries of Finance
4 Convergence of Poverty Reduction and Human Rights Agendas
4.1 Trends in Economic Thinking Congruent with Human Rights
4.2 Human Rights Approaches in Development Policies and Practices
4.2.1 UN development cooperation
4.2.2 Poverty-reduction strategies
4.2.3 Human rights in the 2030 Development Agenda
4.2.4 Bilateral development cooperation
4.2.5 The right to development
5 Conclusion
Further Reading
Useful Websites
Questions for Reflection
31 Climate Change
1 Introduction
2 Climate Change in International Human Rights Law: Rights and Obligations
2.1 Rights
2.2 Obligations
3 Human Rights in International Climate Change Law
3.1 1992 FCCC, 1997 Kyoto Protocol, and the 2010 Cancun Agreements
3.2 The 2015 Paris Agreement and its 2018 Rulebook
3.3 Limits of the Climate Change Regime
4 Climate Change Litigation
5 Conclusion
Further Reading
Useful Websites
Questions for Reflection
32 Pandemics
1 Introduction
2 Obligations to Prepare for and Prevent Pandemics
2.1 Human Rights Obligations
2.2 International Health Law
2.3 Persistent Failures to Meet Obligations
2.3.1 Short-sightedness and under-resourcing
2.3.2 Siloed approach
3 Responding to a Pandemic
3.1 Priorities in Pandemic Responses
3.2 Striking the Appropriate Balance Between Rights
3.2.1 Limitations
Prescribed by law
Legitimate purpose
Necessity and proportionality
3.2.2 Derogations
3.2.3 The impact of uncertainty
3.2.4 Distributive justice
4 International Cooperation
4.1 International Assistance and Cooperation
4.2 Stockpiling of Vaccines
4.3 Intellectual Property-Related Barriers
5 Conclusion
Further Reading
Useful Websites
Questions for Reflection
Index