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Full Description
Human rights are not aspirational, rather they are meant to be realised. Since the adoption of the Universal Declaration of Human Rights, a growing number of treaties, declarations, resolutions and other materials has been produced and a wide array of international institutions have been created to monitor the implementation of human rights. Through these documents and institutions the realisation of human rights begins. However, the struggle to ensure the rights and freedoms of individuals is never an easy one. It requires the commitment of those who believe in the core nature of human rights. One such person has been Leo Zwaak. The idea behind The Realization of Human Rights: When Theory Meets Practice is that throughout Leo Zwaak's professional life he dedicated himself to the realisation of human rights. Whether acting as an encylopaedia of knowledge when teaching human rights at the university or providing judicial trainings on the five continents, Leo Zwaak has impacted the world of human rights in many ways.This book is organised into six parts: International Human Rights Law in General; European Human Rights Law; Inter-American and African Human Rights Law; International Human Rights Law, International Criminal Law and International Humanitarian Law; International Human Rights Law, Extraordinary Rendition and Forced Disappearances; and the International and National Protection of Human Rights. As the book reflects, Leo Zwaak's work has touched on a wide range of fields, spanning the universal, regional and national levels.
Contents
Foreword/Voorwoord by Johan Vande Lanotte Introduction by the Editors Human Rights Two Decades After the Second World Conference on Human Rights in Vienna in 1993 Antonio Augusto Cancado Trindade Article 1 UDHR: From Credo to Realisation Bas de Gaay Fortman Some Reflections on Balancing Conflicting Human Rights Pieter van Dijk Initial Assessment of the United Nations Declaration on Human Rights Education and Training GudmundurAlfredsson . PART II. EUROPEAN HUMAN RIGHTS LAW The Role of Dialogue in the Relationship Between the European Court of Human Rights and National Courts MichaelO'Boyle Significantly Insignificant? The Life in the Margins of the Admissibility Criterion in Article 35(3)(b) European Convention on Human Rights AntoineBuyse The Stubbornness of the European Court of Human Rights' Margin of Appreciation Doctrine Fried van Hoof Are Judges of the European Court of Human Rights so Qualified that they are in No Need of Initial and In-Service Training? A 'Straatsburgse Myj/mering' (Myjer's Musings from Strasbourg) for Leo Zwaak Egbert Myjer PART III.INTER-AMERICAN AND AFRICAN HUMAN RIGHTS LAW A Barren Effort? The Jurisprudence of the Inter-American Court of Human Rights on Jus Cogens Diana Contreras-Garduno and Ignacio Alvarez-Rio Strengthening or Straining the Inter-American System on Human Rights ClaudiaMartin and DiegoRodriguez-Pinzon Preventing Human Rights Violations: Recommendations for Enhancing the Effectiveness of Interim Measures Before the Inter-American and African Human Rights Commissions Clara Burbano-Herrera, FransViljoen and Yves Haeck The Recent Practice of the Inter-American Defence Attorney Figure During the Proceedings Before the Inter-American Court of Human R ights YuriaSaavedra-Alvarez From the Non-Discrimination Clause to the Concept of Vulnerability in International Human Rights Law: Advancing on the Need for Special Protection of Certain Groups and Individuals Romina I. Sijniensky The Debt of the Peruvian State Towards the Inter-American System of Human Rights Ernestode la Jara Basombrio PART IV. INTERNATIONAL HUMAN RIGHTS LAW, INTERNATIONAL CRIMINAL LAW AND INTERNATIONAL HUMANITARIAN LAW The Right to Truth in International Criminal Proceedings: An Indeterminate Concept from Human Rights Law BrianneMcGonigle Leyh Disputes over Exemplary Justice: Kenyans Before the International Crimina l Court EdwinBikundo Some Thoughts on the Relationship Between International Humanitarian Law and International Human Rights Law: A Plea for Mutual Respect and a Common Sense Approach Terry D. Gill A Battle over Elasticity - Interpreting the Concept of 'Concrete and Direct Military Advantage Anticipated' under International Humanitarian Law YutakaArai-Takahashi PART V. INTERNATIONAL HUMAN RIGHTS LAW, EXTRAORDINARY RENDITION AND FORCED DISAPPEARANCES Extraordinary Rendition and the Security Paradigm John A.E. Vervaele Enforced Disappearance as Continuing Crimes and Continuing Human Rights Violations Jeremy Sarkin Why is Establishing a Systematic Practice in the Adjudication of Enforced Disappearance Conducive to Providing Protection against this Crime? Marthe Lot Vermeulen PART National Human Rights Institutions and Human Rights Treaty Bodies in the Implementation of Concluding Observations Ineke Boerefijn Strategic Litigation by Equality Bodies and National Human Rights Institutes to Promote Equality Jenny E. Goldschmidt The International Responsibility of the State for the Conduct of Indigenous Legal Systems: the Case of Ecuador Oswaldo R. Ruiz-Chiriboga Unconstitutionality of the Denunciation of the American Convention on Human Rights by Venezuela CarlosAyala Corao Independence of the Judiciary in Turkey: Institutional Reforms after 1999 Birsen Erdogan Contributing Authors
