Africa and the Responsibility to Protect: Article 4(h) of the African Union Constitutive Act, Dan Kuwali, Frans Viljoen
Автор: Asian Development Bank Название: Decoding article 6 of the paris agreement ISBN: 9292611607 ISBN-13(EAN): 9789292611606 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 3135.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The new framework for cooperative approaches and mechanisms under Article 6 of the Paris Agreement charts a path for the resurgence of carbon markets. However, the modalities, rules, and guidance are yet to be fully elaborated.Article 6 is a key part of the Paris Agreement. It allows Parties to voluntarily cooperate to meet their Nationally Determined Contributions, providing for international transfers of mitigation outcomes, a new mechanism for mitigation and sustainable development, and non-market approaches. Article 6 establishes the foundation for a post 2020 carbon market, but there are still many complex issues to be discussed and decided among Parties to finalize the Paris Agreement rulebook by the end of 2018. This publication examines the options for establishing guidance, rules, and modalities for the key elements of Article 6, decoding issues such as internationally transferred mitigation outcomes, environmental integrity, double counting and corresponding adjustments.
Автор: Ruys Название: `Armed Attack` and Article 51 of the UN Charter ISBN: 1107685338 ISBN-13(EAN): 9781107685338 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Tom Ruys examines to what extent the right of self-defence permits States to engage in military operations against State and non-State actors in light of the developments since 9/11 and the interventions in Afghanistan and Iraq. The occurrence of an `armed attack` is a particular focus.
Situations of serious or massive violations of human rights are no longer purely of domestic concern, and sovereignty can no longer be an absolute shield for repressive governments in such circumstances. Based on this realization, the international community has recognized a responsibility to protect individuals in states where their governments are unable or unwilling to provide protection against the most serious violations. However, so far, only one intergovernmental organization, the African Union (AU), has explicitly made the right to intervene in a Member State part of its foundational text in Article 4(h) of its Constitutive Act. Although there have been cases of Article 4(h)-type interventions in Africa, the AU Assembly has not yet invoked Article 4(h) explicitly.
This book brings together experts in the field to explore the potential application of Article 4(h), and the complexities that may explain its non-invocation so far. Although Article 4(h) is noble in purpose, its implementation faces several legal and policy challenges given that the use of force penetrates the principles of state sovereignty and non-intervention - the very cornerstones upon which the AU is founded. This book considers these issues, as well as the need to reconcile Article 4(h), in so far as it allows the AU to exercise military intervention to protect populations at risk of mass atrocities, with the provisions of the Charter of the United Nations.
Drawing from the insights of law, political science, diplomacy and military strategy, the book offers a unique combination of multi-disciplinary expertise that harnesses the views of a diverse group of authors, focused on the legal, policy, and practical insights on the implementation of Article 4(h) and the responsibility to protect in Africa in order to provide concrete recommendations on how to end mass atrocities on the continent
This book theorises and concretises the idea of 'absolute rights' in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might understand what an 'absolute right' in human rights law is and draws out how such a right's delimitation may remain faithful to its absolute character. Concretising these starting points, it considers how, as a matter of principle, the right not to be subjected to torture or inhuman or degrading treatment or punishment enshrined in Article 3 ECHR is and ought to be substantively delimited by the European Court of Human Rights (ECtHR). Focusing on the wrongs at issue, this analysis touches both on the core of the right and on what some might consider to lie at the right's 'fringes': from the aggravated wrong of torture, to the severity assessment delineating inhumanity and degradation; the justified use of force and its implications for absoluteness; the delimitation of positive obligations to protect from ill-treatment; and the duty not to expel persons to places where they face a real risk of torture, inhumanity or degradation.
Few legal standards carry the simultaneous significance and contestation surrounding this right. This book seeks to contribute fruitfully to efforts to counter a proliferation of attempts to dispute, circumvent or dilute the absolute character of the right not to be subjected to torture or inhuman or degrading treatment or punishment, and offer the groundwork for transparently and coherently (re)interpreting the right's contours in line with its absolute character.
1. Introduction.- 2. Historical and Comparative Perspectives.- 3. Methodological Issues.- 4. The Various Components of ECHR Article 6(1).- 5. Fundamental Aspects of the 'Fair Hearing' Right.- 6. The 'Response' Issue.- 7. The 'Oral Hearing' Issue.- 8. The 'Personal Participation' Issue.- 9. The 'Evidence' Issue.- 10. The 'Legal Aid' Issue.- 11. Conclusion.
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