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This chapter explores the hybrid monitoring model of the African Court on Human and Peoples’ Rights. It discusses the Court’s jurisdiction, the mechanisms for monitoring compliance with its decisions, and the challenges faced in ensuring effective implementation of human rights rulings. The chapter examines the procedures for hybrid monitoring, the role of the Court and other stakeholders in the monitoring process, and the impact of hybrid monitoring on the protection of human rights. It also highlights the importance of innovative and flexible approaches to monitoring compliance with international human rights decisions.
This chapter outlines the treaty-based structure of international human rights law norms, including various human rights treaties, and discusses the common legal regime for these treaties. It highlights the specificity and effects of human rights treaties on state obligations and freedoms. The chapter examines the different types of human rights treaties, including general and specialized treaties, and their impact on international human rights law. It also discusses the legal regime governing these treaties, including their interpretation, implementation, and enforcement. The chapter provides a comprehensive overview of the treaty-based framework of international human rights law and its significance in shaping state behavior and protecting human rights.
Since the United Nations finalised its Draft Articles on the Responsibility of States for Internationally Wrongful Acts in 2001, most of the attention has been on the codification history of the topic. Alan Nissel widens the historic lens to include the pre-United Nations origins, offering the first extensive study on the American contribution to the modern law of state responsibility. The book examines the recurring narrative of lawyers using international law to suit the particular needs of their clients in three key contexts: the US turn to international arbitration practice in the New World, the German theorisation of public law in the setting of its national unification, and the multilateral effort to codify international law within world bodies. This expanded historical framework not only traces the pre-institutional origins of the code, but also highlights the duality of State responsibility doctrines and the political environments from which they emerged.
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