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This part explores the principles and mechanisms for the reparation of human rights violations and the enforcement of decisions rendered by international human rights bodies. It discusses the obligation of states to provide full reparation for harm suffered as a result of human rights violations, including restitution, compensation, rehabilitation, satisfaction, and guarantees of nonrepetition. The sections examine the legal standards for determining and quantifying reparation, the procedural aspects of reparation processes, and the role of international and national bodies in monitoring and enforcing reparation awards. Additionally, this part focuses on the enforcement mechanisms and challenges in implementing international human rights decisions. It discusses various models of enforcement, including judicial review, hybrid monitoring, and political and diplomatic control. The part highlights the importance of effective enforcement in ensuring the realization of human rights and the accountability of states for human rights violations. By providing insights into the reparation and enforcement processes, this part emphasizes the critical role of comprehensive and effective mechanisms in achieving justice and reconciliation for victims of human rights violations.
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.
This title explores the institutional framework for the international protection of human rights, focusing on the various organizations, bodies, and mechanisms that play a role in monitoring, promoting, and enforcing human rights standards. It covers the universal human rights system established by the United Nations, including the roles and functions of the General Assembly, Security Council, Economic and Social Council, International Court of Justice, and specialized human rights bodies such as the Human Rights Council and treaty-based bodies. The section also examines the regional human rights systems in Europe, the Americas, Africa, Asia-Pacific, and the Arab-Muslim world, highlighting the specific institutions and mechanisms established by these regions to protect human rights. By providing a comprehensive overview of the institutional architecture, this title aims to illustrate the complexity and diversity of the international human rights protection system and the importance of coordinated efforts among different actors to address human rights violations effectively.
This title focuses on the mechanisms and challenges in enforcing decisions rendered by international human rights bodies. It discusses the various models of enforcement, including judicial review, hybrid monitoring, and political and diplomatic control. The section examines the procedures for monitoring compliance with international decisions, the role of international and regional bodies in supervising the implementation of judgments, and the strategies for addressing noncompliance. It also explores the impact of enforcement mechanisms on the effectiveness of international human rights protection, the importance of political will and international cooperation, and the need for innovative approaches to enhance compliance. By providing insights into the enforcement process, this title highlights the critical role of effective enforcement in ensuring the realization of human rights and the accountability of states for human rights violations.
The chapter turns to consider two key implications of the environmental minimum for international environmental law. For one, there is considerable difficulty in applying the human rights-based framework of the book to issues surrounding transboundary environmental harm, particularly the overarching global issue of man-made climate change. Due to enduring difficulties establishing causality, as well as temporal, geographic concerns, and the at most lacklustre commitment of most states to upholding them as practical safeguards, human rights are unlikely to contribute decisively to the current policy debate. The environmental minimum and its human rights framework presuppose a robust commitment to human rights, environmental protection and the rule of law that is questionable at best with respect to many of the most notorious global polluters. The environmental minimum is more suited to specifying the scope, context, and relationship of competing environmental obligations, notably among the sustainable development goals, as well as provide a viable framework to enforce otherwise non-binding or underenforced treaty obligations under international environmental law.
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