While the legal systems of the United Kingdom and Germany differ in essential respects, the current process of 'constitutionalisation' is well recognised on both sides of the Channel. 'Constitutionalisation' manifests itself in the evolution of a constitution and the influence of existing constitutional principles on the ordinary law. Human rights law provides one of the best examples of this process, and the aim of this book is to provide a comparative UK-German perspective on recent developments. First, it addresses human rights questions which arise in both jurisdictions in a similar way such as the tension between liberty and security, absolute rights such as human dignity and the prohibition of torture, and the question how conflicts between human rights are to be resolved and conceptualised. A second theme considers the impact of human rights on different areas of law, in particular administrative law, criminal law, labour law and private law generally. Finally, a third theme focuses on the intersection of national, supra- and international human rights law, in particular after the entry into force of the EU Charter on Fundamental Rights. The book thus reveals convergent and divergent answers to similar problems, examines differences in the impact of human rights on the legal systems under consideration, and traces parallel and distinct debates over and sensitivities about, human rights as well as sensitivities that arise in multi-layer situations in the UK and Germany.

This book presents a comprehensive examination of the Declaration on Human Rights Defenders and provides an analysis of the level of its reflection in regional human rights systems. The work explores the development of the role of the individual in human rights protection since the 1998 United Nations Declaration on Human Rights Defenders. It locates the nature, activities and need for protection of human rights defenders within the current international legal framework and outlines the place and scope for a specific right to promote and protect human rights. It traces the origins of the right and the main international instruments that define it, both at national and international level. Finally, it considers the impact that the right to defend human rights can have on constitutional and international law. The book will be a valuable resource for academics and researchers working in the areas of International Human Rights Law and Constitutional Law.

For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. This volume provides an insightful critique of current policies and detailed recommendations for the future by leading experts in the field including individuals from every EU country.

A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.

In the late 20th century, it has become widely accepted that States need to cooperate in order to pursue effectively their interests within the increasingly interdependent world order. At the same time, the principle of sovereignty is still often invoked as a claim for independence and a justification for non-cooperation. This book goes beyond that traditional understanding to develop a new theory which holds that cooperation between States is not an independent principle supplementing State sovereignty or even a counterweight to State sovereignty. Rather, cooperation should be conceived an element of the very notion of sovereignty itself. Sovereignty is not a negative principle meaning merely State independence and freedom, but it also inherently includes a positive element which stresses a State's innate membership in the international community and its authority, its responsibility, its duty to participate actively in that community. In short, sovereignty not only means independence, it also means a responsibility to cooperate. The first part of the book traces the history of the principle of sovereignty from the theories of Grotius and Francisco de Vitoria to the modern understanding of the principle in the light of the United Nations system. The second part of the book poses challenges to the traditional concept of sovereignty in the light of the 20th century interdependence, and the third part goes on to formulate a new theory which takes into account the principles of customary law and treaty law. The conclusions drawn on by the author are refreshing, but may also be controversial, and this book will most definitely contribute to the discussion and development of the principle of sovereignty in international law.

This book proposes a normative framework specifically designed for the complex and legally uncertain time period between armed conflicts and peace. As such, it contributes both to the furthering of a jus post bellum framework, and to enhanced legal clarity in complex and legally uncertain environments. This, in turn, contributes to strengthened protection engagements, and thus to improved prospects of enabling sustainable peace and security in both national and international perspectives. The book offers a novel but persuasive argument for a legal framework specific for transitional environments. Such legal framework, it is argued, is warranted in order to enable legal clarity to contemporary and outstanding legal issues, as well as to furthering peace efforts in complex environments. The legal framework suggested proposes a dividing line between applicable legal frameworks that, it is submitted, enhances both legal clarity on protection engagements and the quest for sustainable peace. The framework proposed is founded on a legal analysis of the protective nature and function of law. It thus provides a rare but important perspective on law that is of value in the quest for sustainable peace and security. The research draws uniquely on both contemporary legal debates, and on peace and conflict research. It does so in order to enable legal analysis that is both legally sound, as well as appropriate and adequate in today’s peace and security realities. The book provides a valuable resource for academics, researchers and policy-makers in the areas of Public International Law, International Humanitarian Law, International Human Rights Law, (the law of) Peace Operations, and Peace and Security Studies.

Populist authoritarian governments have jeopardized the human rights accomplishments of the 20th century. Ensuring their fulfillment has become a challenge for these governments and an issue for human rights defenders seeking to find ways to resist anti-democratic actions. This book seeks to expose the crisis of human rights at the hands of people who, despite rising to power through democratic means, now see democracy as a limiting institution that must be dismantled urgently. Restrictions on civil society and arbitrary detentions are some of the reasons why this populist and authoritarian vision is incompatible with human rights, which are guaranteed to some and denied to others. Through various narratives, the authors seek to recognize new spaces for struggle—such as political activism—to develop action-research tools in a context of crisis.

This book was originally published in 1998. Protection of Human Rights both at a regional and at an international level is now a major pre-occupation of International Law. The International Covenant on Civil and Political Rights 1966 is probably the most important single universal human rights instrument of our time, which both sets standards and ensures compliance with them, through measures of implementation. More than 135 States have accepted the obligations imposed by this Covenant. This book provides a comprehensive analysis of the provisions of the Optional Protocol, which enshrines the right of individual communication and the jurisprudence developed thereunder by the Human Rights Committee, which is the supervisory body of this treaty regime. It analyses the effectiveness of the committee in protecting the rights of individuals under the Optional Protocol. The book will be of particular interest to scholars engaged in the teaching of and research in the international protection of human rights. It will appeal to undergraduate and postgraduate law students. Practitioners in the international human rights field will also find it valuable. It should be of interest to international N.G.O.s and governmental officials engaged upon ensuring effective compliance with our international rights obligations.