Remedies in International Human Rights Law 3rd Edition by Dinah Shelton ISBN 0191068764 9780191068768

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Product details:

ISBN 10: 0191068764

ISBN 13: 9780191068768

Author:  Dinah Shelton 

Remedies in International Human Rights Law 3rd Edition: The fully revised and updated Third Edition of Remedies in International Human Rights Law provides a comprehensive analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating and litigating issues of redress for victims.

The Third Edition incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analyzed in context and create a comprehensive and accessible portrait of the state of remedial human rights law today.

 

Remedies in International Human Rights Law 3rd Edition Table of contents:

1. Introduction

• Evolution of the Law of Remedies
• The Innovations of Human Rights Law

Part I: The Conceptual Framework

2. Meanings and Purposes of Remedies

• Preconditions to a Claim
• The Dual Meaning of Remedies
• The Purposes of Remedies
• Economic Analysis of Remedies
• Conclusions

3. Sources and General Content of the Law of Remedies

• General International Law
• Remedies in International Human Rights Instruments
• International Humanitarian Law
• International Criminal Law
• Conclusions

Part II: The Institutional Framework

4. Domestic Remedies

• The Requirement to Exhaust Local Remedies
• International Standards
• Gross and Systematic Violations
• Conclusions

5. International Tribunals

• Arbitral Claims for Injury to Aliens
• The International Court of Justice
• International Criminal Courts
• International Administrative Tribunals
• Reparations Following Armed Conflicts
• Conclusions

6. The Functions and Competence of Human Rights Tribunals

• Introduction
• The United Nations System
• Regional Human Rights Systems
• Conclusions

Part III: Procedural Issues

7. Who May Claim Redress?

• Individual Victims
• Communities and Peoples
• Survivability of Claims
• Conclusions

8. Presentation of Claims

• Temporal Jurisdiction
• Redressable Injury
• Causality and Evidence

Part IV: The Substance of Redress

9. Declaratory Judgments

10. Restitution

11. Compensation

• State Practice
• International Human Rights Practice
• Pecuniary Damages
• Non-Pecuniary Damages
• Evidence and Presumed Harm
• Compensation for Procedural Violations
• Distribution of Awards
• Inflation, Interest, and Taxation of Damages
• Conclusions

12. Non-Monetary Remedies

• State Practice
• International Human Rights Tribunals
• Assessing the Need for Non-Monetary Remedies
• Conclusions

13. Punitive or Exemplary Damages

• Enterprise Liability
• Awards of Punitive Damages in Human Rights Cases
• Conclusions

14. Costs and Fees

15. Conclusions

 

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