Public international law: human rights Books

Book SynopsisThe human rights project is one that brings together ideas, policies, and laws, as well as national civil society and international cooperation. Yet despite progress, human rights are still being grossly violated in vast numbers in many parts of the world, and the challenge remains to keep expanding the circles of achievements and opportunities for a universal culture of human rights. This handbook brings together a broad collection of documents from different parts of the world, from global and regional institutions, attesting to the fact that the universality of human rights resides in the spirit and aspirations of the peoples of the world. Divided into thematic sections, the volume brings together primary sources on topics such as philosophical and religious perspectives, international human rights policy, sustainable development, economic, social, and cultural rights, among many more, complete with a thorough introduction to each theme. The result is a remarkable collection of documents and teaching materials in support of the universality of human rights.Table of ContentsDedication Preface Notes on Editors Introduction: Expanding Circles of Human Rights and Their Protection Part 1 Philosophical and Religious Perspectives  Introduction: the United Nations Philosophy of Human Rights  Documents  1. Article 1 of the Universal Declaration of Human Rights (1948)  2. Seeking the Origins of Human Generosity  3. Seeing All Beings in the Self and the Self in All Beings  4. The Ten Commandments  5. The Sermon on the Mount  6. The Precept of Ren  7. Declaration of Sentiments. First Women’s Rights Convention, 1848  8. Good Human Qualities  9. O Mankind  10. Love; Righteousness, Freedom  11. The Icelandic Sagas: “Man Delights in Man”  12. The Human Rights Idea in the Philosophy of the Enlightenment, with Particular Reference to the Scottish Enlightenment  13. The Human Rights Philosophy of Nelson Mandela  14. Ubuntu  15. An Akan Perspective  16. Asian Perspectives on Human Rights  17. General Comment No.3, African Commission on Human and Peoples’ Rights (2015)  18. Jose Diokono Affirms the Universality of Human Rights  19. Judaism and Human Rights  20. Islam and Human Rights  21. The Holy Quran  22. Indigenous Philosophies  23. Indigenous Peoples and The Idea of Individual Human Rights  24. A Custodial Ethic : An Aboriginal Way of Wholeness and Reciprocity  25. The World Council of Churches and the UN Human Rights Project Part 2 Historical Perspectives  Introduction: the Universality of Human Rights  Documents  1. Charter of Cyrus 539 bce  2. Magna Carta 1215  3. English Bill of Rights, 1689  4. American Declaration of Independence, 1776  5. French Declaration of the Rights of Man, 1789  6. Declaration of the Rights of the Peoples of Russia (November 1917)  7. Mexican Constitution of 1917, Chapter i, Individual Guarantees  8. Indian National Congress Resolution on Fundamental Rights and Economic Policy, 1931  9. American Declaration of Human Rights and Duties of Man, 1948  10. Universal Declaration of Human Rights, 1948  11. The Freedom Charter of the African National Congress, 1955  12. The Bandung Declaration  13. Beirut Declaration on Faith for Rights Part 3 Legal and Judicial Perspectives  Introduction: Obligations under the UN Charter to Uphold Human Rights  Documents  1. Code of Hammurabi  2. Code of Manu  3. General Comment 31 of the Human Rights Committee  4. Views of the Human Rights Committee in the Case of İsmet Özçelik, Turgay Karaman and i.a. v. Turkey  5. Views of the Human Rights Committee in the Case of Ioane Teitota v. New Zealand  6. Views of the Inter-American Court of Human Rights in the Velasquez Rodriguez Case  7. Judgment of the European Court of Human Rights in the Case of Vučković and Others v. Serbia  8. Decision of the African Commission on Human and People’s Rights in the Endorois Case  9.  Resolution General Assembly on Situation of Human Rights of Rohingya Muslims and Other Minorities in Myanmar Part 4 Universal Values  Introduction: the Idea of Justice  Documents  1. UN Millennium Declaration  2. Pope Benedict xvi’s Address to the U.N. General Assembly  3. International Convention on the Rights of the Child  4. European Convention for the Protection of Human Rights and Fundamental Freedoms  5. American Convention on Human Rights  6. African Charter on Human and People’s Rights  7. Cairo Declaration on Human Rights in Islam  8. The Helsinki Final Act, 1975  9. asean Human Rights Declaration Part 5 Human Dignity  Introduction  Documents  1. UN Declaration on Human Rights Education and Training  2. Human Rights and Poverty Alleviation  3. UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities  4. UN Declaration on the Rights of Indigenous Peoples Part 6 Equality  Introduction  Documents  1. Declaration of Principles on Equality  2. Fourth World Conference on Women Beijing Declaration  3. Durban Declaration and Programme of Action against Racism etc. Part 7 International Human Rights Policy  Introduction  Documents  1. Core Provisions of UN Charter (1945)  2. General Assembly resolution 34/175  3. Teheran Proclamation, 1968  4. Vienna Declaration and Programme of Action  5. The Ten Principles of the UN Global Compact  6. Global Compact on Refugees Report of High Commissioner for Refugees, 2018  7. New York Declaration for Refugees and Migrants Part 8 Sustainable Development  Introduction: the Right to Development  Documents  1. The Sustainable Development Goals  2. UN Declarations on Right to Peace  3. UN Declaration on Right to Development  4. Draft Convention on the Right to Development  5. UN Guiding Principles on Business and Human Rights Part 9 Economic, Social and Cultural Rights  Introduction  Documents  1. International Covenant on Economic, Social and Cultural Rights  2. European Social Charter  3. Jurisprudence of the Committee on Economic, Social and Cultural Rights Part 10 Civil and Political Rights  Introduction  Documents  1. International Covenant on Civil and Political Rights  2. Jurisprudence of the Human Rights Committee  3. International Human Rights Jurisprudence  4. The Contribution of National Courts to the Development of International Human Rights Law Part 11 National Protection of Human Rights  Documents  1. The International Commission of Jurists and the Rule of Law  2. International, Regional and National Jurisprudence Elaborating on the Requirements of a National Protection System  3. Principles Relating to the Status of National Institutions (the Paris Principles) Part 12 International Protection of Human Rights  Introduction  Documents  1. UN Basic Principles and Guidelines on the Right to a Remedy and Reparation  2. Resolution Establishing the UN Human Rights Council  3. Theo van Boven, The Commission on Human Rights and the Human Factor  4.  Heads of UN and Red Cross Issue Joint Warning  5. Secretary-General Ban ki-Moon, The UN and the Human Factor  6. Secretary-General Guterres ‘Call to Action’ in His Address to UN Human Rights Council, 24 February, 2020  7. Human Rights Council Resolution on Situation of Human Rights in Eritrea  8. Human Rights Council Resolution on Technical Assistance to the Democratic Republic of the Congo and Accountability Concerning the Events in the Kasai Regions  9. List of Persons Deemed Responsible for Crime of Apartheid Published by Centre for Human Rights (UN Press Release Hr/1711, 5 July, 1985)  Conclusion Further Reading Index

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Book SynopsisIt is statistically unlikely that humans are the only intelligent species in the universe. Nothing about the others will be known until contact is made beyond a radio signal from space that merely tells us they existed when it was sent. That contact may occur tomorrow, in a hundred years, or never. If it does it will be a high-risk scenario for humanity. It may be peaceful or hostile. Relying on alien altruism and benign intentions is wishful thinking. We need to begin identifying as a planetary species, and develop a global consensus on how to respond in either scenario.Table of ContentsForeword Preface List of Figures Abbreviations 1 Introduction  1 An Initial Caveat: the ufo/uap Debate – the Elephant in the Room  2 Structure of the Book 2 The Scientific seti Environment  1 Introduction 1.1 The Drake Equation and the Fermi Paradox 1.1.1 Drake Equation 1.1.2 Fermi Paradox  2 Anthropocentrism and Morphism  3 seti Approaches and the Nature of Contact  4 Astrobiology 3 Social Science Aspects of seti  1 Gauging the Risk and Impact of First Contact on Global Society 1.1 The Rio and San Marino Scales 1.2 iaaseti Declarations of Principles 1.3 Excursion: iaaseti and Its Attitude to Research Into uap 1.4 The disc Quotient – Linking Impact and Linguistics  2 Exolinguistics  3 Exosociology, Exophilosophy and Exotheology  4 The Metalaw Debate – Premature Speculation and Proper Use of Legal Considerations  5 Conclusion 4 Science Fiction and (First) Contact Scenarios  1 Science Fiction Literature  2 Types of First Contact 2.1 The Hercules Text 2.2 The Rama Cycle – Rama i and ii 2.3 The Tripods Tetralogy and the Forge of God 2.3.1  The Tripods 2.3.2  The Forge of God 2.4 The Mote in God’s Eye 2.5 The Three-Body Problem as an Example of the Risk Inherent in meti  3 Interspecies Comprehension and Communication 3.1 Rama iii and iv 3.2 Semiosis 3.3 Children of Time and Children of Ruin  4 Interspecies Armed Conflict 4.1 Ender’s Game 4.2 The Forever War, Starship Troopers, Old Man’s War Trilogy, and Anvil of Stars  5 Conclusion 5 Hostile Contact and Current International and Domestic Law  1 Introduction  2 Liability of Humans 2.1 International Criminal Law 2.1.1  Overview of Core Crimes 2.1.2  Individual Problems 2.2 Domestic Law  3 Liability of ETI 3.1 Jurisdiction 3.2 Nullum Crimen Principle  4 Conclusion 6 Preparing for Hostile Contact  1 Introduction  2 Weapons Technology  3 Strategy and Tactics 3.1 Weapons Development and Deep Space Strategy 3.2 The Strategic Parameters of Deep Space Warfare 3.2.1  Distances, Speeds, and Celestial Mechanics 3.2.2  Psychological Aspects  4 Conclusion: an End to the Idea of a Peaceful Use of Outer Space? 7 Legal Prolegomena of Peaceful Relationships with eti  1 Introduction  2 Joining the “Galactic Club” – a Future Theory of Humans’ Rights Protection in Interstellar Civilisation Networks? 2.1 Overview of Possible Factors Affecting Human Rights Guarantees 2.1.1  Network Regulation Density 2.1.2  Rights Hierarchies and Enforcement Mechanisms 2.2 Individual Rights 2.2.1  Preamble 2.2.2  Recognition as a Person before the Law 2.2.2  Self-determination, Political Activity 2.2.4  Equality and Minority Rights 2.2.5  Right to Life, Ban on Cruel and Degrading Treatment, Torture and Slavery 2.2.6  Due Process Rights, Right to Liberty 2.2.7  Freedom of Movement 2.2.8 Privacy, Freedom of Religion and Expression, Assembly and Association 2.2.9   Family and Personal Status; Child Rights 2.2.10  Restrictions on Exercise of Rights  3 Conclusion 8 Conclusion and Outlook Epilogue by Dr. Andreas Anton Annexes Bibliography Index

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Book SynopsisNew Space technologies, Earth observation and satellite navigation in particular, have proven to be invaluable drivers of sustainable development, thus contributing to the protection of several human rights (the “Good”). At the same time, however, New Space technologies raise concerns for the right to privacy (the “Bad”), and face a number of challenges posed by hostile cyber operations (the “Ugly”). Dr. Arianna Vettorel analyzes the relevant international, European and domestic legal frameworks and highlights the need for several innovative approaches and reforms, in a transnational and bottom-up perspective, in order to maximize the Good, and minimize the Bad and the Ugly, of New Space technologies.Table of ContentsPreface and Acknowledgments Abbreviations Table of Cases Table of International Universal Treaties and UN Resolutions Table of International Regional Treaties and Legislation Table of Domestic Legislations Introduction Part 1 The Good: the Role of New Space Earth Observation and Satellite Navigation Activities for Security and Sustainability 1 From Outer Space to New Space’s Benefits for Humankind  1 Outer Space, Global Commons and Common Heritage of All Humankind: Preliminary Remarks  1.1 Global Commons: an Overview  1.2 The Common Heritage of Humankind: an Overview  1.3 The Traditional Governance of Outer Space: a Global Commons or a Common Heritage of All Humankind?  2 The Emergence of New Space  2.1 From State to Private Sector Space Activities  2.2 The Example of the Italian Space Industry  3 New Space Activities: the Good, and Related Concerns  3.1 General Considerations  3.2 New Space Earth Observation and Satellite Navigation Possibilities (Security and Sustainability) and Related Concerns  4 Final Remarks 2 Earth Observation, Satellite Navigation and Human Rights: the EU and Italian Contributions to the UN Agenda 2030  1 Earth Observation and Satellite Navigation: a Preliminary Overview  1.1 Remote Sensing and Earth Observation Satellites  1.2 Satellite Navigation Systems  2 The Impact of Earth Observation and Satellite Navigation Activities on the UN Agenda 2030 and on Human Rights  3 The Contribution of the European Union and of the European Space Agency Space Activities to the Sustainable Development Goals  3.1 EU Eyes on Earth: the EU Copernicus Program  3.2 The EU Satellite Navigation Program: Galileo  3.3 EU Eyes on Outer Space: the EU Surveillance Program  4 The Contribution of the Italian Space Industry to the Sustainable Development Goals  5 Final Remarks Part 2 The Bad: Potential Threats to Privacy from New Space Earth Observation and Satellite Navigation Activities 3 Earth Observation, Satellite Navigation and Privacy: the International, European and Italian Legal Framework  1 Monitoring and Threats to Privacy  2 Privacy and Space Law: the 1986 United Nations Principles Relating to Remote Sensing of the Earth from Outer Space  3 Privacy as a Universally-Recognised Human Right  3.1 The Universal Declaration of Human Rights, the UN Covenant on Civil and Political Rights, and the UN ‘Privacy Discourse’: Overview  3.2 Potential Application of the Universal Declaration of Human Rights, the UN Covenant on Civil and Political Rights, and the UN ‘Privacy Discourse’ to Outer Space Activities  3.3 Legal (Lack) of Effectiveness of the Universal Declaration of Human Rights, the UN Covenant on Civil and Political Rights, and the UN ‘Privacy Discourse’  4 Privacy Protection in Regional Legal Systems: the Case of Europe  4.1 The Human Right to Privacy and the Protection of Personal Data  4.2 Privacy Protection within the Council of Europe  4.3 The Protection of Privacy in the European Union  5 Privacy and Personal Data Protection in Italy  6 Final Remarks 4 The Use of Satellite Data in International and European Regional Courts: the Case-Law of the European Court of Human Rights and the European Court of Justice  1 Judicial Balancing of Security and Privacy: the Case of Satellite Data in Judicial Proceedings  2 The Use of Earth Observation Images as Evidence in International Courts: the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia, and the International Criminal Court  3 The Use of Earth Observation Images as Evidence in European Regional Courts  3.1 The European Court of Human Rights  3.2 The European Court of Justice  4 The Use of Satellite Navigation Data as Evidence in International Judicial Proceedings  5 The Use of Satellite Navigation Data as Evidence before the European Court of Human Rights and the European Court of Justice: Privacy Issues and the Critical Role Played by the Proportionality Test  5.1 The Proportionality Test: Overview  5.2 The Legal Framework of Proportionality within the European Convention on Human Rights  5.3 The Legal Framework of Proportionality within the European Union  6 The Admissibility of Satellite Navigation Data as Evidence in Proceedings before the European Court of Human Rights  6.1 Targeted Surveillance and Satellite Location Data  6.2 Bulk Surveillance: the Relevance of Geo-Location on Privacy  7 The Admissibility of Satellite Navigation Data as Evidence in Proceedings before the European Court of Justice  7.1 Targeted Surveillance and Satellite Location Data  7.2 Bulk Surveillances: the Relevance of Geo-Location on Privacy  8 Final Remarks 5 The Use of Satellite Data in Italian Courts  1 Preliminary Overview on Evidence in Italian Judicial Proceedings  2 Earth Observation Images as Evidence in Judicial Proceedings and Privacy  2.1 The Use of Earth Observation Images in Judicial Proceedings  2.2 Privacy Concerns Related to Earth Observation Images in Investigation Activities  3 Satellite Navigation Data as Evidence in Criminal Proceedings  3.1 Satellite Navigation Tracker Devices  3.2 Satellite Location Data Captured by Interceptions of Telematic Communications  3.3 Remote Searching of Computer Systems  3.4 Access to Communication Data Stored by Telecommunication Providers  3.5 Possible Different Classifications of Satellite Geo-Tracking and Their Related Impact on the Need for Prior Authorisation as a Privacy Guarantee  4 Satellite Navigation Data as Evidence in Civil Judicial Proceedings: Labour Disputes  4.1 The Legal Framework: Privacy Guarantees Provided in Article 4 of the Italian Labour Act  4.2 The Non-application of Privacy Guarantees Enshrined in Article 4 of the Italian Labour Act in Relation to the Monitoring of Potential Employee Torts  4.3 The Rise of the Privacy Discourse in Satellite Monitoring of Potential Employee Torts  5 Final Remarks Part 3 The Ugly: Hostile Cyber Operations in New Space and Their Impact on Public Interests and Human Rights 6 Cyber Operations in New Space: Responsibility and Liability Issues  1 Cyber Operations towards New Space-Related Activities: Preliminary Remarks  1.1 Cyber Operations: Definitional Issues  1.2 The Impact of Cyber Operations on New Space-Related Activities, Particularly on Earth Observation and Satellite Navigation  2 Responsibility and Liability Issues in New Space  2.1 The Concepts of Responsibility and Liability: Overview  2.2 The Law Applicable to Responsibility and Liability in an International and Transnational Perspective  3 Definitional Issues in the New Space Era  4 State International Responsibility and Liability for Cyber Operations towards New Space Facilities and Activities Prior to the (Attempted) Launch of Space Objects  4.1 General International Law Provisions: Overview  4.2 ‘On-Earth Cyber Operations’ before the (Attempted) Launch and Issues Related to the Application of General International Law Rules on State Responsibility  4.3 Cyber Operations and the Emerging Approaches of the European Union and Italy  5 State Responsibility for Cyber Operations Perpetrated in Outer Space, and Liability for Damages Caused by Cyber Operations after the (Attempted) Launch of Space Objects  5.1 The Outer Space Treaty and the Liability Convention: Overview  5.2 Interpretative Issues and Concerns Related to the Regulation of Responsibility and Liability for Cyber Operations in Outer Space or after the (Attempted) Launch of a Space Object  5.3 National Implementation: the (Bad) Example of Italy  6 Responsibility of International Organisations for New Space Cyber Operations  7 Responsibility and Liability of Individuals and Private Entities for New Space Cyber Operations  7.1 Individual Criminal Responsibility for New Space Cyber Operations Occurring on Earth or in Outer Space before or after the Attempt to Launch a Space Object  7.2 Private Civil Obligations to Compensate Damages Deriving from New Space Cyber Operations before the Attempt to Launch a Space Object  8 The Need for Specific Cybersecurity International Provisions Applicable to New Space Activities: the Missed Opportunity of the Tallinn Manuals  9 Final Remarks 7 Cybersecurity in New Space: Soft Law and Transnational Private Regulation  1 (Lack of a Universal) Cybersecurity Definition  2 (Lack of a Universal) Cybersecurity Regulation  3 International Soft Law Initiatives and Cybersecurity  3.1 Soft Law: Definition and Debated Issues  3.2 International Soft Law Initiatives to Enhance Cybersecurity  4 Transnational Private Regulation and Cybersecurity  4.1 Transnational Private Regulation: Definition and Debated Issues  4.2 Examples of Transnational Private Initiatives to Enhance Cybersecurity  5 Cybersecurity in New Space  6 Final Remarks  Conclusions  1 The Good: Outer Space and New Space Relevance for Security, Sustainable Development and Human Rights: the Case of Earth Observation and Satellite Navigation Technologies  1.1 The Contribution to the UN Agenda 2030  1.2 Outer Space and New Space Relevance for Security, Sustainability and Human Rights: Effects in Terms of Legal Qualification and Governance  2 The Bad: the Human Right to Privacy under Threat  2.1 New Space Privacy Risks and the International Universal Legal Framework: the Need to Revise the Existing Regulation  2.2 The Protection of Privacy by European Regional Systems: the Need to Implement Hermeneutical Approaches or to Implement Existing Legal Rules  3 The Ugly: Hostile Cyber Operations in New Space as a Risk for Privacy and Public Interests  3.1 Issues Related to Post Factum Reactions  3.2 The Need for Preventive Actions  4 Soft Law and Transnational Private Regulation: a Remaining Necessity for Hard Law? Bibliography Index

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Book SynopsisThe Open Access publication of this book has been made possible by the Swiss National Science Foundation. Is the current structure of international law still adequate to solve global problems such as child labour? This book argues for more coherence between human rights and trade law, analysing the world trade law compatibility of topical trade measures on (forced) child labour such as the US Tariff Act of 1930 or the proposal for an EU Forced Labour Regulation, mainly under the GATT non-discrimination principles and the policy exceptions clause. Discussing theories such as constitutionalism and pluralism, Franziska Humbert develops the idea of a New Legal Humanism as a cognitive frame for the global legal order.Table of ContentsForeword Preface Acknowledgements List of Abbreviations Introduction  1 Globalization, Child Labour and the International Legal Order  2 Contents 1 The Problem of Child Labour and Trade  1 Introduction  2 The International Dimension of Child Labour  2.1 Child Labour as a Global Problem  2.2 The Protection from Exploitative Child Labour as Ius Cogens  3 The Need for Global Solutions Including Trade Measures 2 The Status Quo of Trade Measures on Child Labour in WTO Law  1 Introduction  1.1 Unilateral Trade Measures  1.2 Defining PPM  s and Rules of Interpretation  2 The Rationale of the WTO and the GATT 1994  3 Trade Measures Concerning Child Labour under the Most-Favoured-Nation Clause of GATT Article I  3.1 Most-Favoured-Nation Obligations  3.2 The Relationship with the TBT Agreement  3.3 The Scope of GATT Article I:1  3.4 Like Products  3.5 Any Advantage  3.6 Immediately and Unconditionally  3.7 Exceptions under the Enabling Clause  3.8 Conclusion  4 Compatibility of Trade Measures on Child Labour with GATT Art. II  5 Trade Measures Concerning Child Labour under GATT Art. III  5.1 Overview over the Structure and Scope of GATT Art. III  5.2 The Coverage of GATT Art. III in Relation to PPM-Measures  5.3 Like Products  5.4 Equality of Treatment  5.5 Contextual Approach  5.6 Ius Cogens  5.7 Conclusion  6 Application of the Results found under GATT Art. III to GATT Art. I  6.1 Introduction  6.2 Like Products  6.3 Regulatory Purposes and Ius Cogens  6.4 ‘Asymmetric Impact’  6.5 ‘Supply Substitutability’ and ‘Inherence’ Test  6.6 Conclusion  7 Application of the Results found under GATT Art. III to GATT Art. II  8 Compatibility of Trade Measures on Child Labour with Quantitative Restrictions of GATT Art. XI and XIII  8.1 Trade Measures on Child Labour as Quantitative Restrictions  8.2 The Ius Cogens Nature of the Prohibition of Child Labour  9 Trade Measures on Child Labour under the GATT Art. XIX  10 Trade Measures Concerning Child Labour under GATT Art. XX  10.1 Overview over the Scope and Structure of GATT Art. XX  10.2 The Public Morals Exception  10.3 Human Life and Health  10.4 Prison Labour  10.5 The Chapeau of GATT Art. XX  10.6 Burden of Proof  10.7 Conclusion  11 Trade Measures Concerning Child Labour under GATT Art. XXI  11.1 Introduction  11.2 GATT Art. XXI (b) (iii)  11.3 GATT Art. XXI (c)  11.4 Conclusion  12 Compatibility of Trade Measures on Child Labour with the Agreement on Technical Barriers to Trade  12.1 Introduction  12.2 Scope of Application  12.3 Substantive Provisions of the TBT Agreement  12.4 Conclusion  13 Compatibility of Trade Measures on Child Labour with the Agreement on Government Procurement  13.1 Introduction  13.2 Art. IV – General Principles  13.3 Art. VIII – Conditions for Participation  13.4 Art. X – Technical Specifications and Tender Documentation  13.5 Art. XV – Treatment of Tenders and Awarding of Contracts  13.6 Art. III – General Exceptions  13.7 Conclusion  14 Non-WTO Norms as a Defence for Trade Measures on Child Labour  14.1 Introduction  14.2 The Jurisdiction of WTO Panels  14.3 The Applicable Law  14.4 Conclusion  15 Conclusion of Chapter 2 3 A Constitutionalist Approach to International Law  1 Introduction  2 Different Approaches to International Law  2.1 Legal Interpretation  2.2 New Haven School  2.3 Feminist Approaches to International Law  2.4 Global Legal Pluralism and Conflicts-Law Approach  2.5 Global Administrative Law  2.6 International Public Authority  2.7 Constitutional Approaches  3 A New Legal Humanism  3.1 Limits of Hart’s Positivism and Kelsen’s ‘Pure Law Theory’  3.2 Towards More Natural Law  3.3 The Quest for Global Values  3.4 Core Elements of a New Legal Humanism 4 Implications of a New Legal Humanism for Trade and Child Labour  1 Introduction  2 Towards More Substantive Coherence of Trade and Human Rights Law  3 Direct Effect of WTO-Law and Human Rights  3.1 The Traditional Doctrine of Direct Effect  4 Institutional Coherence: A New ILO-WTO Joint Implementation Mechanism on Child Labour  4.1 Introduction  4.2 Trade-and Country-Related Child Labour  4.3 Institutional Framework  4.4 Cooperative Activities  4.5 Dispute Settlement  4.6 Human Rights Obligations for Companies?  5 Conclusion 5 Concluding Summary  1 Summary of Results  1.1 Chapter 1  1.2 Chapter 2  1.3 Chapter 3  1.4 Chapter 4  2 Epilogue Bibliography Table of WTO Reports Table of GATT 1947 Reports Index

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Book SynopsisThe 2018 Global Report on Trafficking in Persons (Booklet 1) provides a comprehensive analysis of the crime of trafficking in persons and how countries are responding to it. On the basis of the mandate from the 2010 Global Plan of Action to Combat Trafficking in Persons, UNODC is collecting data on patterns and flows of trafficking in persons at the national, regional and international levels, and using this data to produce the biennial Global Report. The Trafficking in Persons in the Context of Armed Conflict (Booklet 2) provides an extensive desk review of available literature, court cases from the international criminal courts and tribunals and expert interviews with United Nations peacekeeping personnel. The result is an overview of trafficking in persons and its direct and indirect links to armed conflict.

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Book SynopsisThe Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.

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Book SynopsisHas South Korea accomplished democratic consolidation since the Constitution was revised in 1987? Whereas political freedom has improved, the NSL is generally pointed out as the main obstacle to full freedom but it is not the only one to guarantee respect for human rights. Since full respect for human rights is not guaranteed, democratic consolidation has not been achieved. This book analyzes the issue based on the state of human rights that are an important part of democracy. The starting points are the 1948 UN Universal Declaration of Human Rights, the 1987 South Korean Constitution and the 2001 National Human Rights Commission (NHRC) Act which are empirically tested. Definitions of democratic consolidation are applied. The study first investiga- tes legislation and human rights institutions, including the National Security Law (NSL), the Con-stitutional Court, the NHRC, adherence to international human rights law and the Universal Periodic Review. Then the impact of inter-Korean relations on human rights are reviewed based on the NSL, dispatches of leaflets across the border and conscientious objectors. Finally, freedom of expression, assembly and association, including the state of sexual minorities, trials of ex-presidents, death penalty, human trafficking and torture are studied.

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