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Changing Perceptions of Sovereignty and Human Rights: Essays in Honour of Cees Flinterman - Brossura
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On October 1, 2007, professor Cees Flinterman retired as director of the Netherlands Institute of Human Rights and the School of Human Rights Research. This book is a liber amicorum, dedicated to the work and person of Cees Flinterman. Some 30 colleagues, all experts in the field of international human rights law, have made contributions to the book. The central theme of this edited volume is the changing relationship between state sovereignty and human rights. The specific themes selected reflect the specific academic interests of Cees Flinterman, and include the African human rights system, monitoring of human rights, women's human rights, economic rights, social rights, cultural rights, the United Nations human rights system, and the role of human rights in times of conflict.
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Informazioni sull'autore
Ineke Boerefijn (LL.M. and PhD in International law of human rights, 1985 at the University of Utrecht) was associate professor at the Netherlands Institute of Human Rights (SIM), Utrecht University (1986-2012). She was a visiting research fellow at the Faculty of Law of the University of New South Wales and the Australian Human Rights Centre. She has held the ‘Opzij Chair’ at the Centre for Gender and Diversity, Maastricht University, where she focused on the human rights aspects of violence against women. From 2012 till 2013 she was advisor at the Dutch Equal Treatment Commission in Utrecht. At the moment she is coordinating Policy advisor at the Netherlands Institute for Human Rights (since 2013).
Jenny Goldschmidt is now emeritus professor in human rights at Utrecht University. She has been working in the field of (comparative) constitutional and administrative law at Leyden University (where she got her PhD in 1981: “National and Indigenous Constitutional law in Ghana”). She specialised in human rights and in particular gender and law. She held Chairs in gender and law at both Utrecht and Leyden University and served in many committees and boards in this field, both in the Netherlands and in the EU and UN. In 1994 she became President of the Equal treatment Commission in the Netherlands, where she served the maximum of two terms, until 2003. In 2004 she became professor in Human rights Law and later Director of the Netherlands Institute of Human Rights (SIM) at Utrecht University until her retirement in 2014. She is member of the International Commission of Jurists (Geneva) and of several Boards of organisations working in the field of human rights, disability rights etcetera. She published many articles and books.
Jenny Goldschmidt is now emeritus professor in human rights at Utrecht University. She has been working in the field of (comparative) constitutional and administrative law at Leyden University (where she got her PhD in 1981: “National and Indigenous Constitutional law in Ghana”). She specialised in human rights and in particular gender and law. She held Chairs in gender and law at both Utrecht and Leyden University and served in many committees and boards in this field, both in the Netherlands and in the EU and UN. In 1994 she became President of the Equal treatment Commission in the Netherlands, where she served the maximum of two terms, until 2003. In 2004 she became professor in Human rights Law and later Director of the Netherlands Institute of Human Rights (SIM) at Utrecht University until her retirement in 2014. She is member of the International Commission of Jurists (Geneva) and of several Boards of organisations working in the field of human rights, disability rights etcetera. She published many articles and books.
Dalla quarta di copertina
The concept of State sovereignty is a fundamental rule of public international law and is firmly laid down in Article 2(1) of the United Nations Charter. The nature of the traditional concept of State sovereignty is changing. Sovereignty is no longer considered to be absolute, in the sense that the State has unlimited power to govern people and territory. This is an on-going process, with multi-faceted human rights dimensions.
The shifting relation between the promotion and protection of human rights and sovereignty can best be observed in the following three contexts. First, in the context of international organisations: by becoming members of international organisations, such as the United Nations and the European Union, States accept that these institutions can take decisions on which they no longer have a decisive influence. Second, by allowing monitoring by regional and international (quasi-) judicial institutions, States accept that individuals can turn to international bodies, such as committees and courts, that have jurisdiction on human rights issues. In the case of the regional human rights courts, States are under an obligation to give effect to the judgement rendered. Third, in the area of conflict and foreign intervention, there is a tendency to accept infringement on national sovereignty in order to protect individuals against grave human rights violations. These three angles constitute the subthemes of this collection of essays in honour of Cees Flinterman on the occasion of his retirement on 1 September 2007 as director of the Netherlands Institute of Human Rights and the School of Human Rights Research.
This volume is the result of a project within one of the research programmes of the Utrecht University School of Law, entitled ‘Human rights in a world of conflict and diversity’
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Changing perceptions of sovereignty and human rights: essays in honour of Cees Flinterman.
Da: Kloof Booksellers & Scientia Verlag, Amsterdam, Paesi Bassi
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Condizione: as new. Antwerpen : Intersentia, c2008. Paperback. viii,582 pp. portrait. 24 cm. English text. Contents : The internationalisation of the rule of law / Tim Koopmans -- Humanisation of international law / Menno T. Kamminga -- Beating the state at its own game. An inquiry into the intricacies of sovereignty and the separation of powers / Bas De Gaay Fortman -- Changing perceptions of sovereignty and human rights in Africa / Kofi Kumado -- Gendered sovereignty? In search of gender bias in the international law concept of state sovereignty / Marjolein van den Brink -- Unravelling state sovereignty? The controversy on the right of indigenous peoples to permanent sovereignty over their natural wealth and resources / Nico Schrijver -- The UN Declaration on the Rights of Indigenous Peoples. A victory for cultural autonomy? / Yvonne Donders -- Sovereignty fading away? Prioritising domestic health needs versus promoting free trade / Fons Coomans -- Five years after strengthening the United Nations. Recasting the Office of the High Commissioner for Human Rights / Theo van Boven -- The reform of the thematic treaty mechanisms of the United Nations / Tiemo Oostenbrink -- The influence of international organisations on the protection of human rights in the Chinese legal system / Yuwen Li -- The European Union's influence on the character and effectiveness of Dutch conduct in the UN Commission on Human Rights / Peter Malcontent -- Upholding human rights in a tense and globalising world / Pieter Kooijans -- Questioning the freedom from fear. A meaningful concept in a world full of abuse of power and injustice / Willem J.M. van Genugten -- Combating domestic violence against women. A positive state duty beyond sovereignty / Ineke Boerefijn and Jenny Goldschmidt -- The European Union and the European Convention on Human Rights. From sovereignty immunity in Bosphorus to full scrutiny under the reform treaty? / Leonard Besselink -- The position of the European Court of Justice with respect to the enforcement of human rights / Susanne Burri -- Hardly a week goes by without . observations on the increasing number of general problems of international law in the case law of the European Court of Human Rights / Egbert Myjer -- The role of the Council of Europe and its Committee of Ministers. Analysing the efficiency of measures taken under Article 46(2) of the ECHR / Leo Zwaak -- Religious pluralism and the European Court of Human Rights. Some reflections on the pros and cons of a wide margin of appreciation in the case of Sahin v. Turkey / Titia Loenen -- The free flow of information. A sovereign concept in and of itself / Chrisje Brants -- Japan and the ICC. A reflection from the perspective of the principle of complementarity / Mitsue Inazumi -- Sovereignties of impunity and contemporary challenges of international protection / Bertbrand Ramcharan -- Sovereignty and peacebuilding / Duco Hellema -- Human rights in foreign policy and international relations. Shifting emphasis after 9/11? The cases of the United States and the Netherlands / Peter Baehr -- Combating international terrorism : new powers for the Security Council? / Bibi van Ginkel -- Another responsibility to protect? Some thoughts on a possible consequence of GMES, or how remote sensing for the good cause could result in "another" responsibility to protect / Olivier Ribbelink -- Afghanistan, the erosion of the right to self-defence and the case of the missing immediacy. The debate on the ban of the use of force and self-defence from a human rights perspective / Eric Myjer. Condition : as new copy. ISBN 9789050957595. Keywords : RECHT, Afghanistan. Codice articolo 299653
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