This book places under scrutiny for the first time, whether, and how, the United Nations Human Rights Council actually contributes to the protection of human rights in the face of pervasive gross violations world-wide. It finds that the Council does little of preventive protection, some mitigatory protection, and little remedial or compensatory protection. The Council's response to situations of gross violations depends on the political alignments within its membership for each situation. The Council gives priority to cooperation and dialogue over principled denunciations of gross violations. It is not an organ of justice, but in some instances it is an organ for justice, inasmuch as it addresses the structural causes of violations. Much useful fact-finding takes place under the auspices of the Council, and it does contribute to the progressive development of international law.
The Human Rights Council is already the subject of major public interest and controversy. The Council is already being criticized for having dropped some of the protection strategies of the former commission and this book aims to present a balanced view of the council, acknowledging where it has made positive contributions, point out its deficiencies, and identify options for improving the body’s future work.
This book offers an explanation and evaluation of preventative diplomacy in an age of increasing precariousness. It emphasises the importance of pursuing diplomacy and human security in connection with the Sustainable Development Goals (SDG) which promote development grounded in peace, justice, and universal respect for human rights. It explores and uncovers efforts to set up diplomatic channels designed to ensure relations between the great powers, intra- and inter-state conflict, terrorism and weapons of mass destruction, human rights, and the global watch over human security do not escalate out of control. Discussing evolving tensions between the United States and China, and the United States and Russia, this book recalls past examples of preventive diplomacy between them, and explores ideas for the exercise of preventive diplomacy in the future. Presenting evidence that contemporary preventive diplomacy is pursued not only by international or regional officials but also by nongovernmental organizations and individuals, the book emphasises the need to pursue and enhance a comprehensive effort to realize SDG16 and human security. The book contains a range of practical recommendations to improve preventive diplomacy and provides a unique optic into understanding the threats facing the planet. It will be of interest to scholars and students of diplomacy, security studies, global governance and practitioners in government and international organisations. .
The universal protection of human rights remains the core challenge of the United Nations if it is to achieve its mission of a world of peace, development and justice. Yet, at a time of seismic changes in the world, when shocking violations of human rights are taking place world-wide, the UN human rights system is in need of urgent modernization. This book, written by a foremost scholar-practitioner who previously exercised the functions of UN High Commissioner for Human Rights, advances a series of ideas to modernize the UN protection system. Among a dozen key proposals are that the UN human rights system should help alleviate the plight of the poorest, pay greater attention to the national protection system of each country, and establish a World Court on Human Rights that can deal with countries which grievously violate human rights. Unlike other texts that have focused on those topics, this book not only provides comprehensive analysis but, crucially, offers practical and workable solutions based on the author's significant expertise and experience. Scholars, practitioners, and students of international human rights will benefit immensely from its analysis, insights, perspectives, and proposals. It is a salutary contribution on the 75th anniversary of the UN (2020).
The twenty-first century is seeing a battle of ideas between different conceptions of governance: people-centred and party-centred. At the same time, scientific and technological developments are posing new challenges for human rights. This book identifies new dimensions in the international protection of human rights and makes the case for a new human rights diplomacy focusing on enlarging the area of common ground among governments and enhancing national human rights protection systems.
The prevention of violations of human rights must become the dominant protection strategy of the twenty-first century, nationally, regionally, and globally. This book clearly identifies the need for preventive human rights strategies, maps what exists by way of such strategies at the present time, and offers policy options to deal with the world of the future. Written by a former UN High Commissioner for Human Rights, the book suggests the future lies in strong national protection systems backed up by regional and international organs and an international criminal justice system. The book explores the future of preventive human rights through a wide range of contemporary issues, including: climate change pandemics mass migration global poverty and pervasive inequality inter-state conflicts terrorism, including WMD terrorism gross violations of human rights the financial and economic crisis We are already in a quite different world in the 21st century, and human rights thinking will need to evolve to meet its needs. This important and contemporary volume calls for the modification of current preventive human rights strategies, and is essential reading for all those concerned with the future of international relations and human rights.
The UN Human Rights Council is the leading human rights organ of the United Nations and, ten years after it was established, it has attracted commendation as well as severe criticism. Its universal periodic review is widely recognized as a valuable process of international cooperation to advance the universal implementation of human rights. However, it has been criticized for not acting effectively and fairly in dealing with situations of shocking violations of human rights in many parts of the world. It is an international organ with the highest responsibilities to uphold universal values but, at the same time, it is a political organ of United Nations Member States, and it shows the characteristics of both a values-based body and a theatre of political drama. It is the merit of this book to present the Human Rights Council in terms of its mandates, roles and organization while seeking to remind the membership and the international community at large that the Council must be anchored in the modern human rights law of the Charter - of which the author gives a superb presentation. The book then proceeds to make the case that human rights are part of international constitutional law and this is exceedingly important at a time when universal values have come under stress from various quarters including from terrorist formations. The argument of the book is essentially that the modern human rights law of the Charter and the human rights provisions of international constitutional law must take precedence for everyone, everywhere.
This book has emerged out of the author's experience as Director of an innovative peacemaking, peacekeeping and humanitarian initiative, the International Conference on the Former Yugoslavia, between 1992 and 1996. What was striking about this conference was the experiment of two full-time Co-Chairmen, one from the United Nations and one from the European Union, who laboured tirelessly for peace in different parts of the former Yugoslavia for three and a half years. The strategies and organization of the conference had to be pieced together from the start by the Co-Chairmen and their colleagues; only in retrospect could the question whether there might have been experiences of international peace conferences that might have been useful at the beginning of this process be reviewed. This research is contained in Part One of this book, which offers a review of the role of international peace conferences in history. Part Two contains a case study of the strategies and experiences of the International Conference on the Former Yugoslavia.
The concept of preventive diplomacy has captivated the United Nations since it was first articulated by Secretary-General Dag Hammarskjöld a half-century ago. Successive generations of diplomats and statesmen have invested in the idea that diplomatic efforts might be able to head off international conflicts and disasters. Dramatic successes, such as the Cuban Missile Crisis of 1962, contrast with dramatic failures, such as the inability of UN efforts to halt the invasion of Iraq in 2003. In this careful study, distinguished former UN civil servant Bertrand G. Ramcharan traces the history of the practice of preventive diplomacy by UN Secretaries-General, the Security Council, and other UN organizations, and assesses the record of preventive diplomacy and examines its prospects in an age of genocide and terrorism.
Africa and the Universality of Human Rights offers a succinct but comprehensive treatment of the human rights systems and machinery applicable in Africa. It consolidates a wide range of materials and sources in a comprehensive way that will be of value to teachers, students, scholars and activists. It makes clear that, notwithstanding difficulties experienced on the ground, African governments, peoples, and institutions together have repeatedly expressed their commitment to the universality of human rights, the corner-stone of the contemporary international order.
Written by a former UN High Commissioner for Human Rights (2003–4), this book has been fully updated for a second edition and continues to provide a much needed, short and accessible introduction to the foundational human rights ideas of our times and shows that every government is under international obligation to respect and uphold universal human rights. Updates include: Discussion of the recent intellectual challenges to the international human rights movement Examination of the establishment and functioning of the Human Rights Council and the Universal Review Process Evaluation of the developments in the area of the Responsibility to Protect and continued efforts to implement the right to development Inclusion of issues such as the push for compensation for slavery, experiments with democracy in a number of countries and the decisions of international judicial and human rights organs on conceptual and protection issues This book will be of great interest to students and scholars of Global Institutions, International Law and Human Rights.
The Human Rights Council is already the subject of major public interest and controversy. The Council is already being criticized for having dropped some of the protection strategies of the former commission and this book aims to present a balanced view of the council, acknowledging where it has made positive contributions, point out its deficiencies, and identify options for improving the body’s future work.
This book discusses the future role of the International Court of Justice (ICJ) in a world facing survival challenges. It discusses threats such as climate change, environmental degradation and pandemics, and argues that in the future the ICJ will need to carry out judicial, security and protection functions as it is the only organ of the United Nations (UN) that can discharge such functions in view of its independence and expertise. The author proposes that the ICJ can apply a hitherto unused jurisdictional provision in Article 36 of its statute that allows it to deal with "All Matters Specially Provided for in the UN Charter" and presents three examples of issues that would require the urgent attention of the ICJ: vaccine equity in a global pandemic, climate disaster, and mass movements of people across frontiers due to climate change and environmental degradation. Bertrand Ramcharan (Guyana) is a Barrister-at-Law of Lincoln’s Inn with a Doctorate in international law from the London School of Economics (LSE) and the Diploma in International Law of the Hague Academy of International Law. He was LSE International Law Scholar and has been Commissioner of the International Commission of Jurists and a Member of the Permanent Court of Arbitration. He has also been Director of the Research Centre of the Hague Academy of International Law (The Right to Life), Professor at the Geneva Graduate Institute, and Chancellor of the University of Guyana. He is a former Chief speech-writer of the UN Secretary-General, and has performed the functions of UN High Commissioner for Human Rights. His doctoral thesis was on the approach of the International Law Commission to the codification and progressive development of international law.
This is the first book that explicitly outlines Asian contributions to the elaboration of universal human rights values that were proclaimed in the Universal Declaration of Human Rights of 1948. Evidence of Asia’s contribution from the historical records of the Commission on Human Rights (1946 to 1948) profoundly refutes any remnants of the relativist ‘Asian values’ discourse. Asians shaped the ‘new humanism’ of the UDHR and the universal values that they also brought to bear on the drafting of this document. The book brings this evidence into focus in order to enter them into contemporary human rights discourse in Asia. The book coincides with the 70th anniversary (2018) of the UDHR and contributes to the ongoing global dialogue between states and societies in the development of human rights norms. At this time, the elucidation of the Asian contribution in this work is part of this dialogue.
This book discusses the future role of the International Court of Justice (ICJ) in a world facing survival challenges. It discusses threats such as climate change, environmental degradation and pandemics, and argues that in the future the ICJ will need to carry out judicial, security and protection functions as it is the only organ of the United Nations (UN) that can discharge such functions in view of its independence and expertise. The author proposes that the ICJ can apply a hitherto unused jurisdictional provision in Article 36 of its statute that allows it to deal with "All Matters Specially Provided for in the UN Charter" and presents three examples of issues that would require the urgent attention of the ICJ: vaccine equity in a global pandemic, climate disaster, and mass movements of people across frontiers due to climate change and environmental degradation. Bertrand Ramcharan (Guyana) is a Barrister-at-Law of Lincoln’s Inn with a Doctorate in international law from the London School of Economics (LSE) and the Diploma in International Law of the Hague Academy of International Law. He was LSE International Law Scholar and has been Commissioner of the International Commission of Jurists and a Member of the Permanent Court of Arbitration. He has also been Director of the Research Centre of the Hague Academy of International Law (The Right to Life), Professor at the Geneva Graduate Institute, and Chancellor of the University of Guyana. He is a former Chief speech-writer of the UN Secretary-General, and has performed the functions of UN High Commissioner for Human Rights. His doctoral thesis was on the approach of the International Law Commission to the codification and progressive development of international law.
The vindication of human rights is a critical challenge of a new century. Yet, there is much contestation over rights in a globalizing, post 9/11 world, as human rights ideas come into contact with different cultures and with societies in varying stages of development. Leaders of government and civil society, and the academic world, are in need of policy and normative frameworks for treading the way forward in responding to these global challenges. Written by a former UN High Commissioner for Human Rights (2003-2004), this book is a much needed, short and accessible introduction to the key human rights concepts, the current debates, strategies and institutions for taking forward the global implementation of human rights.
The twenty-first century is seeing a battle of ideas between different conceptions of governance: people-centred and party-centred. At the same time, scientific and technological developments are posing new challenges for human rights. This book identifies new dimensions in the international protection of human rights and makes the case for a new human rights diplomacy focusing on enlarging the area of common ground among governments and enhancing national human rights protection systems.
This is the first book that explicitly outlines Asian contributions to the elaboration of universal human rights values that were proclaimed in the Universal Declaration of Human Rights of 1948. Evidence of Asia’s contribution from the historical records of the Commission on Human Rights (1946 to 1948) profoundly refutes any remnants of the relativist ‘Asian values’ discourse. Asians shaped the ‘new humanism’ of the UDHR and the universal values that they also brought to bear on the drafting of this document. The book brings this evidence into focus in order to enter them into contemporary human rights discourse in Asia. The book coincides with the 70th anniversary (2018) of the UDHR and contributes to the ongoing global dialogue between states and societies in the development of human rights norms. At this time, the elucidation of the Asian contribution in this work is part of this dialogue.
This book has emerged out of the author's experience as Director of an innovative peacemaking, peacekeeping and humanitarian initiative, the International Conference on the Former Yugoslavia, between 1992 and 1996. What was striking about this conference was the experiment of two full-time Co-Chairmen, one from the United Nations and one from the European Union, who laboured tirelessly for peace in different parts of the former Yugoslavia for three and a half years. The strategies and organization of the conference had to be pieced together from the start by the Co-Chairmen and their colleagues; only in retrospect could the question whether there might have been experiences of international peace conferences that might have been useful at the beginning of this process be reviewed. This research is contained in Part One of this book, which offers a review of the role of international peace conferences in history. Part Two contains a case study of the strategies and experiences of the International Conference on the Former Yugoslavia.
Written by a former UN High Commissioner for Human Rights (2003–4), this book has been fully updated for a second edition and continues to provide a much needed, short and accessible introduction to the foundational human rights ideas of our times and shows that every government is under international obligation to respect and uphold universal human rights. Updates include: Discussion of the recent intellectual challenges to the international human rights movement Examination of the establishment and functioning of the Human Rights Council and the Universal Review Process Evaluation of the developments in the area of the Responsibility to Protect and continued efforts to implement the right to development Inclusion of issues such as the push for compensation for slavery, experiments with democracy in a number of countries and the decisions of international judicial and human rights organs on conceptual and protection issues This book will be of great interest to students and scholars of Global Institutions, International Law and Human Rights.
This biography tells the story of Theo van Boven’s dynamic and courageous leadership to develop UN protection. Van Boven has been a life-long scholar and practitioner of human rights. He served in the Dutch Ministry of Foreign Affairs, represented The Netherlands in the UN Commission on Human Rights, served as an expert in its Sub-Commission on Human Rights, and also on the Committee on the Elimination of Racial Discrimination. He was the Director of the UN Human Rights secretariat from 1977 to 1982, and later served as Registrar of the International Criminal Tribunal for the Former Yugoslavia and for Rwanda, and as UN Special Rapporteur against Torture. As Director of the UN Human Rights secretariat, Professor van Boven built up the protection capacity of the United Nations piece by piece and thereby transformed the UN's role. He initiated every protection mechanism in use at the United Nations today. He was thus the father of the contemporary system of United Nations protection. This book is a priceless study of leadership and strategy. If one is to be able to deepen the protection capacity of the UN in the future, it is crucial to understand how the foundations were laid. This book, based on the personal papers of Professor van Boven and of the author, who was his Special Assistant, tells the story of his remarkable leadership of the UN Human Rights secretariat.
The prevention of violations of human rights must become the dominant protection strategy of the twenty-first century, nationally, regionally, and globally. This book clearly identifies the need for preventive human rights strategies, maps what exists by way of such strategies at the present time, and offers policy options to deal with the world of the future. Written by a former UN High Commissioner for Human Rights, the book suggests the future lies in strong national protection systems backed up by regional and international organs and an international criminal justice system. The book explores the future of preventive human rights through a wide range of contemporary issues, including: climate change pandemics mass migration global poverty and pervasive inequality inter-state conflicts terrorism, including WMD terrorism gross violations of human rights the financial and economic crisis We are already in a quite different world in the 21st century, and human rights thinking will need to evolve to meet its needs. This important and contemporary volume calls for the modification of current preventive human rights strategies, and is essential reading for all those concerned with the future of international relations and human rights.
This book analyses the UN’s Agenda 2030 and reveals that progress is lagging on all five interlocking and interdependent themes that are discussed: conflict prevention, development, peace, justice and human rights. Many voices have already been raised, including that of the UN Secretary-General that the Sustainable Development Goals will not be met by 2030 unless there is a re-doubling of efforts. Still, on development as such, there is much striving. The book puts the concept of preventive diplomacy into all of the issues of modern international relations, from the US/China confrontation to the various conflicts bedeviling Africa. It bridges the two worlds of the international relations specialist on the one hand and that of the academic interested in UN affairs on the other hand. There is normally little contact between those two specializations. The authors have taken several current issues to show how the millennium debates and the SDG targets are relevant to "realist school" conflicts, and that there is work under way to operationalize ideas and theories in this respect. This is the first ever discussion of the conflict prevention dimension in the UN’s Agenda 2030 which seeks to advance sustainable development with a view to reinforcing peace and justice on the foundations of respect for universal human rights.
The universal protection of human rights remains the core challenge of the United Nations if it is to achieve its mission of a world of peace, development and justice. Yet, at a time of seismic changes in the world, when shocking violations of human rights are taking place world-wide, the UN human rights system is in need of urgent modernization. This book, written by a foremost scholar-practitioner who previously exercised the functions of UN High Commissioner for Human Rights, advances a series of ideas to modernize the UN protection system. Among a dozen key proposals are that the UN human rights system should help alleviate the plight of the poorest, pay greater attention to the national protection system of each country, and establish a World Court on Human Rights that can deal with countries which grievously violate human rights. Unlike other texts that have focused on those topics, this book not only provides comprehensive analysis but, crucially, offers practical and workable solutions based on the author's significant expertise and experience. Scholars, practitioners, and students of international human rights will benefit immensely from its analysis, insights, perspectives, and proposals. It is a salutary contribution on the 75th anniversary of the UN (2020).
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