Tigroudja, H　l　ne, Hennebel, Ludovic 　著

内容

目次

Part I. Foundations of International Human Rights Law: Title 1. Theoretical elements of international human rights law: 1. The elusive theory of human rights; 2. The idea of human rights; 3. Exploring the elusive foundations of human rights; 4. The pragmatic approach of international human rights law; Title 2. Normative pluralism in international human rights law: 1. The treaty-based structure of international human rights law norms; 2. Non-conventional formation of international human rights law; 3. Judicial decisions as primary source of IHRL; 4. The place of soft law standards in IHRL; Title III. The relationships between IHRL and other branches of international law: 1. The relationship with international humanitarian law and international criminal law; 2. International human rights law and other fields of international law; Part II. The Machinery of International Human Rights Law: Title 1. The Institutional architecture of the international protection of human rights: 1. The Universal system of human rights; 2. The European protection of human rights; 3. Inter-American protection of human rights; 4. The African protection of human rights; 5. The protection of human rights within in the Asia-Pacific; 6. The Arab-Muslim protection of human rights; Title 2. International Human Rights Litigation: 1. Diversity of the International complaints mechanisms; 2. Conditions to the jurisdiction of the international bodies; 3. Conditions of admissibility of international complaints; 4. Examination of the claim by international bodies; Part III. The Interpretation of International Human Rights: Title 1. The hermeneutics of international human rights organs: 1. The interpreters of international human rights law; 2. The interpretation of norms of international human rights law; Title 2. International Legal Regime of Human Rights and Freedoms: 1. States' general obligations; 2. The conditions for engaging the international responsibility of the state for human rights violations; 3. The enjoyment and exercise of rights and freedoms regime; Title 3. Rights and freedoms: 1. The principle of equality and the right to non-discrimination; 2. Right to life; 3. The right to integrity; 4. The prohibition of slavery, servitude, forced labor and trafficking in human beings; 5. Rights relating to personal freedom; 6. Civil rights; 7. Political rights; 8. Economic, social, cultural and environmental rights; 9. The right to domestic judicial protection; Part. IV. Remedies and Implementation of the International Human Rights Decisions: Title 1. Reparation of human rights violations: 1. The principle of full reparation; 2. Reparation of the harm suffered; Title 2. The enforcement of decisions rendered on the basis of an international litigation action: 1. Judicial review of international decision: the Inter-American Court of Human Rights Model; 2. Hybrid monitoring of international decisions: The African Court of Human and Peoples' Rights Model; 3. Political control tending towards judicialization: the model of the European Convention on Human Rights; 4. Political and diplomatic control of the implementation of international decisions: the practice of the quasi-judicial bodies.