Malone's Black Letter Outline on International Human Rights

By Linda A. Malone

ISBN-13: 9780314263681

Availability: In Stock

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Series: Black Letter Outline

Brand: West Law School

Components: 1 Print

Shelf Space: 1 in.

Free Update Period: 90 days

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Description

This outline has an extensive section on humanitarian intervention by states and the United Nations, and it outlines the most recent Chapter VII enforcement actions by the U.N. Security Council, chronicling its legal and historical development. The book covers current prominent areas of human rights, such as refugee law, women's rights, and children's rights. It discusses the humanitarian rules of warfare, including a section on post-September 11 developments, combatant status, and the legal issues surrounding the establishment of the military commissions. It includes decisions in critical cases of 2001 and 2002.

Features

Expansive exam questions and answers similar to those used in most courses are included
Includes coverage of the newly operating International Criminal Court

Summary Of Contents

Capsule Summary
Perspective

Rights of Individuals
1. Brief History
Human Rights and the United Nations
1. The U.N. Charte
2. The Universal Declaration of Human Rights
3. U.N. Human Rights Covenants
4. UN Human Rights Institutions
5. The Role of Specialized Agencies of the U.N.
Fundamental Human Rights
1. Right of People to Self–Determination
2. Defining a “People”
3. Legal Status of Principle of Self–Determination
4. Rights of Indigenous Peoples
5. Civil and Political Rights
6. Economic, Social and Cultural Rights
7. Prohibition of Slavery
8. Genocide
9. Crimes Against Humanity
10. Prohibitions of Discrimination
11. Freedom From Torture
12. Rights of Refugees
13. Convention on the Rights of the Child
Newly Emerging Rights and Fundamental Rights Recognized as Customary International Law
1. Restatement § 702 of U.S. Foreign Relations Law
2. Creation of Customary Human Rights Law
3. The Evolution of New Rights
Derogation From Protection of Rights
1. The International Covenant on Civil and Political Rights
2. European Convention for the Protection of Human Rights and Fundamental Freedoms
The International Courts
1. The International Court of Justice
2. The International Criminal Court
3. Other International Courts of European Jurisdictions
Regional Organizations
1. Basic Characteristics
2. Major Organizations
3. Functions
4. Relationship To U.N.
5. The Organization for Security and Cooperation in Europe
Regional Human Rights Law and Institutions
1. The European System
2. The Institutions of the European Regime
3. The Process of Implementation and Enforcement
4. Inter–American System—Human Rights Law
5. African Regional System–Human Rights Law
Humanitarian Intervention by the U.N.
1. Historic Development of the Security Council
2. Chapter VI: Pacific Settlement of Disputes
3. Chapter VII: Action With Respect to Threats to the Peace, Breaches Of The Peace, and Acts of Aggression
Humanitarian Intervention by States
1. Pro–Interventionist
2. Anti–Interventionist
The Humanitarian Law of Armed Conflict
1. Sources of the Law of Armed Conflict
2. Protections Provided by the Hague and Geneva Conventions
3. Conflicts Encompassed by the Geneva Conventions and Protocols
4. Applicability of General Human Rights Obligations During Armed Conflict
5. Sanctions and Enforcement: Several Treaties and Conventions Contain Sanctions and Enforcement Provisions
6. September 11, 2001 and “Unlawful Combatant” Status
Sources of Human Rights Law
1. Two Approaches to Customary International Law
2. Establishment of an International Custom
3. Resolutions and Recommendations of International Organizations
4. Application of International Customary Law
5. Relationship Between Treaties and Customary International Law
General Principles of Law
1. Limited Application of General Principles
2. Decreasing Importance as a Source of International Law
3. Application of General Principles for Procedural Matters
Extradition
1. Obligation to Extradite
2. Extraditable Offenses
3. Nationals of the Asylum State
4. Process of Requesting Extradition
5. Standard Treaty Limitations on Extradition
6. Methods Employed to Avoid the Safeguards of Extradition Treaties
Enforcement of Human Rights Law in the U.S. and Other Domestic Courts
1. The Alien Tort Statute
2. U.S. Treaty Law