INTERNATIONALLAW AND HUMAN RIGHTSPDF电子书下载

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PART ONE THE RIGHTS OF MAN AND THE LAW OF NATIONS 3

SECTION Ⅰ THE SUBJECTS OF THE LAW OF NATIONS 3

1.THE TRADITIONAL DOCTRINE AND THE PRACTICE OF STATES 3

1.Introductory.The Significance of the Problem of the Subjects of International Law 3

2.The Positivist Doctrine 6

3.The Practice of States 9

4.International Public Bodies as Subjects of International Law 12

5.The United Nations 19

6.Consultative Status of Private International Organisations 23

2.THE INDIVIDUAL AS A SUBJECT OF INTERNATIONAL RIGHTS AND DUTIES 27

1.Individuals as Subjects of Rights under Treaties 27

2.Individuals as Subjects of International Law in the matter of Jurisdiction and Extradition 29

3.The Charter of the United Nations and the Position of the Individual as a Subject of International Law.Humanitarian Intervention 31

4.Crimes against Humanity and Fundamental Human Rights 35

5.The Individual as a Subject of International Duties.So-called Offences against the Law of Nations 38

6.Individuals as Organs of the State.Contractual and Tortious Liability 40

7.Criminal Responsibility 42

8.The Significance of the Recognition of the Individual as a Subject of International Duties 45

3.INTERNATIONAL PROCEDURAL CAPACITY OF INDIVIDUALS 48

1.Access of Individuals to International Tribunals 48

2.Obligatory Jurisdiction of International Tribunals in Claims by Private Persons 52

3.Procedural Capacity and the Quality of a Subject of Law 54

4.Voluntary Jurisdiction of International Tribunals in respect of Private Claims 56

4.THE SUBJECTS OF THE LAW OF NATIONS,THE FUNCTION OF INTERNATIONAL LAW,AND THE RIGHTS OF MAN 61

1.The Subjects of International Law and its Development 61

2.The Subjects of International Law and the Doctrine of Sovereignty 67

3.The Rights of Man,the Subjects of International Law,and the Future of the Law of Nations 69

SECTION Ⅱ THE LAW OF NATURE AND THE RIGHTS OF MAN 73

5.THE IDEA OF NATURAL RIGHTS IN LEGAL AND POLITICAL THOUGHT 73

1.Introductory.The Doctrine of Natural Rights 73

2.Greek Philosophy and the Greek State 80

3.The Stoics and Roman Thought 83

4.The Middle Ages 84

5.The Reformation and the Social Contract 86

6.Fundamental Rights in Modern Constitutions 89

7.The Sanction of the Constitutions 91

6.THE FUNCTION OF NATURAL LAW AND THE RIGHTS OF MAN 94

1.Human Rights and the Law of Nature in Antiquity 94

2.The "Higher Law " in the Middle Ages 95

3.Natural Law as Based on Experience 97

4.The Alleged Arbitrariness of Natural Law 100

5.The Law of Nature as a Lever of Progress and as an Instrument of Reaction 103

6.The Law of Nature as the Expression of Inalienable Rights of Man 111

7.THE LAW OF NATIONS AND THE INALIENABLE RIGHTS OF MAN 114

1.International Law and the Law of Nature 114

2.The Founders of International Law and the Natural Rights of Man.Grotius 115

3.The Same.Vattel.Wolff.Pufendorf 118

4.The Doctrine of Humanitarian Intervention 120

5.The Interaction of International Law,the Law of Nature and the Doctrine of Natural Rights 122

6.The International Order and the Inalienable Rights of Man 123

8.THE ENGLISH SOURCES OF THE DOCTRINE OF FUNDAMENTAL RIGHTS 127

PART TWO HUMAN RIGHTS UNDER THE CHARTER OF THE UNITED NATIONS 145

SECTION Ⅰ THE LAW OF THE CHARTER 145

9.THE LEGAL EFFECT OF THE PROVISIONS OF THE CHARTER 145

1.The Legal Nature of the Obligations of the Charter in the Matter of Human Rights and Fundamental Freedoms 145

2.Extent of the Legal Obligations of the Members of the United Nations 154

3.Human Rights and Fundamental Freedoms under the Trusteeship System 160

4.Human Rights in the Peace Treaties 161

10.EFFECT OF THE CLAUSE OF DOMESTIC JURISDICTION (Article 2 (7) of the Charter) 166

1.The Relevance of the Exclusion of Matters of Domestic Jurisdiction.The Meaning of " Intervention " 166

2.The Meaning of the Term " essentially within the domestic jurisdiction of any state" 173

3.The Determination whether a Matter is Essentially within the Domestic Jurisdiction of the State 180

4.The Powers of the Security Council and Matters of Domestic Jurisdiction 183

5.The Case of Spain before the Security Council and the General Assembly 188

6.The Indian-South African dispute 192

7.Other Cases of Appeal to Article 2,para.7 199

8.The Clause of Domestic Jurisdiction and Non-Member States.The Case of Bulgaria and Hungary 205

9.The Clause of Domestic Jurisdiction in the Scheme of the Charter 213

SECTION Ⅱ THE IMPLEMENTATION OF THE CHARTER 221

11.THE COMMISSION ON HUMAN RIGHTS AND THE EFFECTIVE RIGHT OF PETITION 221

1.Human Rights and the Organs of the United Nations 221

2.The Commission on Human Rights and the Implementation of the Charter 223

3.The Deliberative and Implementing Functions of the Organs of the United Nations 227

4.Violations of Human Rights and Action of the Organs of the United Nations 229

5.The Procedure of Petitions and the Commission on Human Rights 234

6.The Natural Right of Petition 244

12.THE ORGANISATION AND COMPOSITION OF THE COMMISSION ON HUMAN RIGHTS 252

1.The Function of the Commission and its Resources 252

2.The Composition of the Commission on Human Rights 254

3.The First Phase of the Activities of the Commission on Human Rights 260

4.The Commission on the Status of Women 262

5.The Sub-Commissions of the Commission on Human Rights 265

PART THREE THE INTERNATIONAL BILL OF THE RIGHTS OF MAN 273

SECTION Ⅰ THE PROBLEM OF THE BILL OF RIGHTS 273

13.THE SUBSTANCE AND THE ENFORCEMENT OF THE BILL OF RIGHTS 273

1.The Progress of the Bill of Rights within the United Nations 273

2.The "Covenant" of Human Rights 276

3.The Contents of the Bill of Rights 280

4.Enforcement of the International Bill of Rights.The Right of Petition 286

5.The Enforcement of the International Bill of Rights.The International Judicial Determination of Human Rights 291

6.The Enforcement of the International Bill of Rights.The Nature of International Sanctions 292

14.THE BILL OF RIGHTS WITHIN AND OUTSIDE THE UNITED NATIONS 296

1.The Obstacles to a Bill of Rights within the United Nations 296

2.The Bill of Rights and Surrender of Sovereignty 304

3.The Alternatives to a Bill of Rights within the United Nations 308

4.The Obligations of the Charter as Independent of the Bill of Rights 311

SECTION Ⅱ THE PRINCIPLES OF AN INTERNATIONAL BILL OF THE RIGHTS OF MAN 313

15.THE OBLIGATIONS OF THE BILL OF RIGHTS 313

1.Draft of The International Bill of the Rights of Man 313

2.The Contents of the Bill of Rights and the Problem of Universality 321

3.The Basis of the Bill:The Preamble.The Law of Nature.The Duties to the State 325

4.Rights of Personal Freedom.The Limits of Elaboration in the Bill of Rights 327

5.Slavery and Forced Labour 333

6.Freedom of Religion,Opinion and Association 335

7.The Right of Petition 337

8.Equality before the Law and Freedom from Discrimination 338

9.Discrimination by Bodies Other than the State 340

10.The Rights of Aliens.Expulsion of Aliens 343

11.The Right of Asylum 345

12.The Right to Nationality.Emigration and Expatriation 346

13.The Right to Government by Consent 350

14.Dependent Communities and the Right to Government by Consent 351

15.The Rights of Minorities 352

16.Social and Economic Rights 354

16.THE IMPLEMENTATION AND ENFORCEMENT OF THE BILL OF RIGHTS 356

1.The Incorporation of the Bill of Rights as Part of Municipal Law 356

2.The Position of Federal States 359

3.The Bill of Rights and Non-Metropolitan Territories 364

4.Limits of the Operation of the Bill of Rights.Suspension of Constitutional Guarantees 365

5.The Collective Guarantee of the United Nations and of the Signatories of the Bill 372

6.The Human Rights Council.The Dual Character of the Implementation of the Bill 373

7.The Organisation and Jurisdiction of the Human Rights Council 378

8.The Judicial Enforcement of the Bill of Rights 381

9.The Nature of the Recommendations of the Human Rights Council 387

10.The Bill of Rights and the Powers of the United Nations under the Charter 388

11.Acceptance of the Bill of Rights.The Problem of Reservations 389

12.Amendment of the Bill of Rights 391

13.Withdrawal from the Bill of Rights 392

SECTION Ⅲ THE UNIVERSAL DECLARATION AND THE EUROPEAN COURT 394

17.THE UNIVERSAL DECLARATION OF HUMAN RIGHTS 394

1.The Proclaimed Importance of the Declaration 394

2.The Rejection of the Declaration as a Legal Instrument 397

3.The "Indirect" Legal Authority of the Declaration 408

4.The Question of the Moral Force of the Declaration 417

5.The Declaration and the Charter 424

18.THE PROPOSED EUROPEAN COURT OF HUMAN RIGHTS 435

1.The Recommendations of the Consultative Assembly of the Council of Europe 435

2.The Council of Europe and Human Rights 437

3.The Bill of Rights 441

4.The European Commission for Human Rights 444

5.The European Court of Human Rights 449

6.The European Court of Human Rights and the Sovereignty of the Members of the Council of Europe 453

7.Sovereignty,Federation and the Rights of Man 456

Index 465

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