Anne Bayefsky's Books

The UN Human Rights Treaty System

Universality at the Crossroads

By: Anne Bayefsky

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The UN Human Rights Treaty System

Universality at the Crossroads

By: Anne Bayefsky

Human rights treaties are at the core of the international system for the promotion and protection of human rights. Every UN member state has ratified at least one of these treaties, making them applicable to virtually every child, woman or man in the world - over six billion people. At the same time, human rights violations are rampant. The problem is that the implementation scheme accompanying the core human rights standards was drafted during a period of history when effective international monitoring was neither intended nor achievable. Today there is a gap between universal right and remedy that is inescapable and inexcusable, threatening the integrity of the international human rights legal regime. There are overwhelming numbers of overdue reports, untenable backlogs, minimal individual complaints from vast numbers of potential victims, and widespread refusal of states to provide remedies when violations of individual rights are found. This landmark Report prepared by Professor Bayefsky envisions a wide-ranging number of reforms, most of which can be accomplished without formal amendment. The recommendations generally assume a six treaty body regime, and focus primarily on offering concrete suggestions for improvements in working methods of the treaty bodies and procedures at the Office of the High Commissioner for Human Rights (OHCHR). Professor Bayefsky details numerous proposals for bolstering national level partnerships, and for following-up the output of the treaty monitoring system as a key missing component of the implementation regime. One major reform requiring amendment is ultimately recommended, namely, consolidation of the human rights treaty bodies and the creation of two permanent committees, one for the consideration of state reports and one for complaints. All individuals, agencies, and organizations involved in the promotion, implementation, review, analysis, and study of human rights protection for all peoples will find this Report an indispensable resource for their work. It contains a unique overview of all the working methods of the six human rights treaty bodies, a detailed and thorough statistical analysis of the operation of the human rights treaty system, and a number of additional annexes which together provide a thorough and comprehensive understanding of the treaty system. The international human rights legal system is at a crossroads, with the ideal of universality threatened by the fundamental shortfalls in effective implementation. This Report offers a clear and substantive path to moving universality beyond rhetoric and towards a treaty regime meaningful and effective in the lives of everyday people.

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831

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BRILL

Published Date

ISBN 10

9004482032

ISBN 13

9789004482036

Self-Determination in International Law, Quebec and Lessons Learned

Legal Opinions Selected and Introduced

By: Anne Bayefsky

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Self-Determination in International Law, Quebec and Lessons Learned

Legal Opinions Selected and Introduced

By: Anne Bayefsky

The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the Quebec Secession Reference. The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts?

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522

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BRILL

Published Date

ISBN 10

9004505822

ISBN 13

9789004505827

State Support for Religious Education

Canada versus the United Nations

By: Anne Bayefsky,Arieh Waldman

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State Support for Religious Education

Canada versus the United Nations

By: Anne Bayefsky,Arieh Waldman

This book is an essential tool for those interested in the vital relationship between international human rights law and domestic policy. It explores this subject in the context of public funding for religious education in Canada, an area of controversy for well over a hundred years. This work provides in one volume a unique set of source documents concerning the legal and political history of religious education in a multicultural environment and especially in Ontario, Canada’s largest province. It makes available for the first time a complete set of documents concerning the international litigation which has occurred between the Canadian government and its citizens, who have been seriously affected by entrenched religious discrimination. An introductory essay provides an overview of how religious discrimination forms the backbone of Ontario’s education system. Having failed to remedy such discrimination in Canadian courts, the UN Human Rights Committee provided a mechanism to address this breach of Canada’s international legal obligations. The volume is an expose of the process and the consequences of international human rights litigation before the UN Committee, and will be of special interest to others seeking to take cases of human rights violations forward to the international level. Canadian policy makers and analysts will consider this collection an invaluable resource for future consideration of the public funding of religious education in Canada, still unresolved after 135 years.

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1131

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BRILL

Published Date

ISBN 10

9047408950

ISBN 13

9789047408956

How to Complain to the Un Human Rights Treaty System

By: Anne Fruma Bayefsky

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How to Complain to the Un Human Rights Treaty System

By: Anne Fruma Bayefsky

With this volume Professor Bayefsky makes the international complaints procedure arising from the UN human rights treaty system available to individuals, lawyers, non-governmental organizations, and human right advocates in many parts of the world. She begins by indentifying the common features of the four complaints procedures under each of the four treaties. Each treaty is then examined in greater detail. Consideration is finally given to questions of overlap and the choise of a forum. The annexes provide the practical tools for filling a complaint.

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390

Publisher

Martinus Nijhoff Publishers

Published Date

ISBN 10

9041119116

ISBN 13

9789041119117

The Politics of Presence

By: Anne Phillips

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The Politics of Presence

By: Anne Phillips

One of the most hotly-contested debates in contemporary democracy revolves around issues of political presence, and whether the fair representation of disadvantaged groups requires their presence in elected assemblies. Representation as currently understood derives its legitimacy from a politics of ideas, which considers accountability in relation to declared policies and programmes, and makes it a matter of relative indifference who articulates political preferences or beliefs. But what happens to the meaning of representation and accountability when we make the gender or ethnic composition of elected assemblies an additional area of concern? In this innovative contribution to the theory of representation - which draws on debates about gender quotas in Europe, minority voting rights in the USA, and the multi-layered politics of inclusion in Canada - Anne Phillips argues that the politics of ideas is an inadequate vehicle for dealing with political exclusion. But rejecting any essentialist grounding to group identity or group interest, she also argues against any either/or choice between ideas and political presence. The politics of presence then combines with contemporary explorations of deliberative democracy to establish a different balance between accountability and autonomy. Series description Oxford Political Theory presents the best new work in contemporary political theory. It is intended to be broad in scope, including original contributions to political philosophy, and also work in applied political theory. The series contains work of outstanding quality with no restriction as to approach or subject matter. The series editors are David Miller and Alan Ryan. `the latest, thoughtful contribution in Anne Phillip's ongoing enquiry into issues of equality, gender and democracy...an excellent contribution to democratic theory'. Political Studies

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Page Count

220

Publisher

OUP Oxford

Published Date

ISBN 10

0191037230

ISBN 13

9780191037238

Best Practices for Human Rights and Humanitarian NGO Fact-Finding

By: Gerald Steinberg,Anne Herzberg,Jordan Berman

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Best Practices for Human Rights and Humanitarian NGO Fact-Finding

By: Gerald Steinberg,Anne Herzberg,Jordan Berman

This work outlines available resources and proposed standards for international NGO fact-finding missions: Chapter One presents an introduction to the issue of NGO fact-finding. Chapter Two discusses the problems caused by the lack of any generally-accepted guidelines for NGO fact-finding, in contrast with contexts where NGOs have achieved consensus. Chapter Three surveys proposed guidelines for human rights and humanitarian NGOs. In addition, this section examines United Nations fact-finding standards, as well as examples of internal fact-finding standards for major NGOs. Chapter Four analyzes the fact-finding standards used in five specific cases: the International Crisis Group (Kosovo, 1999), the Independent International Fact-Finding Mission on the Conflict in Georgia (Georgia, 2008), United Nations Office of the High Commissioner for Human Rights Mapping Exercise on the Democratic Republic of Congo (1993-2003), Conflict Analysis Resource Center/University London study on Amnesty International and Human Rights Watch (Colombia, 1988-2004), and Human Rights Watch (Lebanon, 2006). The final chapter offers conclusions and recommendations.

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224

Publisher

Martinus Nijhoff Publishers

Published Date

ISBN 10

9004218122

ISBN 13

9789004218123

The Financial Ecosystem

The Role of Finance in Achieving Sustainability

By: Satyajit Bose,Guo Dong,Anne Simpson

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The Financial Ecosystem

The Role of Finance in Achieving Sustainability

By: Satyajit Bose,Guo Dong,Anne Simpson

Long term asset owners and managers, while seeking high risk-adjusted returns and efficiently allocating scarce financial capital to the highest value economic activities, have the essential and formidable role of ensuring the sustainability of return. But generally accepted financial accounting methods are ill-equipped to provide clear signals of the risks and opportunities created by scarce natural and human capital. Hence many investment managers in global financial markets, while performing due diligence on portfolio companies, examine metrics of non-financial performance, especially environmental, social and governance (ESG) indicators. Broken into three sections, this book outlines the rationale for and methods used in six areas where financial acumen has been harnessed to the goal of combining monetary return with long run sustainability. The first section offers an introduction to the role of finance in achieving sustainability, and includes an overview of the six areas—sustainable investing, impact investing, decentralized finance, conservation finance, and cleantech finance. The methods section of the book illustrates analytical tools and specialized data sources essential to those interested in increasing the level of social responsibility embedded in economic activity. The applications section describes and differentiates each of the six areas and their roles in advancing specific measures of sustainability.

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Page Count

436

Publisher

Springer Nature

Published Date

ISBN 10

3030056244

ISBN 13

9783030056247

Health Care Law and Ethics

By: Mark A. Hall,Mary Anne Bobinski,David Orentlicher,I. Glenn Cohen,Nicholas Bagley,Nadia N. Sawicki

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Health Care Law and Ethics

By: Mark A. Hall,Mary Anne Bobinski,David Orentlicher,I. Glenn Cohen,Nicholas Bagley,Nadia N. Sawicki

Health Care Law and Ethics, Tenth Edition offers a relationship-oriented approach to health law—covering the essentials, as well as cutting-edge and controversial subjects. The book provides thoughtful and teachable coverage of all major aspects of health care law, including medical liability. Current and classic cases build logically from the fundamentals of the patient/provider relationship to the role of government and institutions in health care. The book is adaptable to both survey courses and courses covering portions of the field. New to the Tenth Edition: Length: Trimmed by 20% to enhance teachability New author: Nadia N. Sawicki Thoroughly revised coverage of: Medical liability Reproductive rights and justice Public health law Extensive coverage of issues relating to COVID-19 Supreme Court decisions on abortion and the Affordable Care Act Discussion of emerging topics, such as: Gender reassignment Artificial intelligence Revising “brain death” and the “dead donor” rule for organ transplants Work requirements under Medicaid Medical price transparency Vertical integration and cross-market mergers Benefits for instructors and students: The organization vividly presents the entwined roles of patient, provider, and state in understanding and resolving private and public health care dilemmas Scope includes all major areas of health care law and policy Coverage of classic medical liability topics remains substantial Coverage of all major emerging and conventional issues in bioethics, public health, health care finance and reform, and corporate and regulatory law More streamlined editing facilitates coverage of multiple areas or use in survey courses “The strength of the editors and the evolution of the book over a substantial period has allowed the book to become the best from which I have ever taught.” Roy Spece, University of Arizona

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1626

Publisher

Aspen Publishing

Published Date

ISBN 10

1543838871

ISBN 13

9781543838879

Married Women and Property Law in Victorian Ontario

By: Anne Lorene Chambers,Osgoode Society for Canadian Legal History

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Married Women and Property Law in Victorian Ontario

By: Anne Lorene Chambers,Osgoode Society for Canadian Legal History

A meticulously researched and revisionist study of the nineteenth-century Ontario's Married Women's Property Acts. They were important landmarks in the legal emancipation of women.

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1388

Publisher

University of Toronto Press

Published Date

ISBN 10

0802078397

ISBN 13

9780802078391

The UN Human Rights Treaty System

Universality at the Crossroads

By: Anne Bayefsky

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The UN Human Rights Treaty System

Universality at the Crossroads

By: Anne Bayefsky

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831

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BRILL

Published Date

ISBN 10

9004482032

ISBN 13

9789004482036

How to Complain to the Un Human Rights Treaty System

By: Anne Fruma Bayefsky

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How to Complain to the Un Human Rights Treaty System

By: Anne Fruma Bayefsky

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390

Publisher

Martinus Nijhoff Publishers

Published Date

ISBN 10

9041119116

ISBN 13

9789041119117

Self-Determination in International Law, Quebec and Lessons Learned

Legal Opinions Selected and Introduced

By: Anne Bayefsky

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Self-Determination in International Law, Quebec and Lessons Learned

Legal Opinions Selected and Introduced

By: Anne Bayefsky

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522

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BRILL

Published Date

ISBN 10

9004505822

ISBN 13

9789004505827

International Human Rights Law

Use in Canadian Charter of Rights and Freedoms Litigation

By: Anne F. Bayefsky

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International Human Rights Law

Use in Canadian Charter of Rights and Freedoms Litigation

By: Anne F. Bayefsky

This text examines the relevance of international law to Canadian human rights litigation and makes accessible the vast range of international human rights standards. It also assesses the relative authority and reliability of these standards. Besides providing a general framework for the application of international human rights law in Canadian courts it covers relevant decisions of the European Court of Human Rights and the Inter-American Court of Human Rights.

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756

Publisher

Lexis Pub

Published Date

ISBN 10

0409903728

ISBN 13

9780409903720

Book's by Anne Bayefsky

The UN Human Rights Treaty System

The UN Human Rights Treaty System

Self-Determination in International Law, Quebec and Lessons Learned

Self-Determination in International Law, Quebec and Lessons Learned

State Support for Religious Education

State Support for Religious Education

How to Complain to the Un Human Rights Treaty System

How to Complain to the Un Human Rights Treaty System

The Politics of Presence

The Politics of Presence

Best Practices for Human Rights and Humanitarian NGO Fact-Finding

Best Practices for Human Rights and Humanitarian NGO Fact-Finding

The Financial Ecosystem

The Financial Ecosystem

Health Care Law and Ethics

Health Care Law and Ethics

Married Women and Property Law in Victorian Ontario

Married Women and Property Law in Victorian Ontario

The UN Human Rights Treaty System

The UN Human Rights Treaty System

How to Complain to the Un Human Rights Treaty System

How to Complain to the Un Human Rights Treaty System

Self-Determination in International Law, Quebec and Lessons Learned

Self-Determination in International Law, Quebec and Lessons Learned

International Human Rights Law

International Human Rights Law

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