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The U.N. Convention on Torture and the prospects for enforcement

The U.N. Convention on Torture and the prospects for enforcement (2회 대출)

자료유형
단행본
개인저자
Boulesbaa, Ahcene.
서명 / 저자사항
The U.N. Convention on Torture and the prospects for enforcement / by Ahcene Boulesbaa.
발행사항
The Hague ;   Boston :   M. Nijhoff Publishers ;   Sold and distributed in North, Central, and South America by Kluwer Law International ; :   Cambridge, Mass.,   c1999.  
형태사항
xviii, 366 p. ; 25 cm.
총서사항
International studies in human rights ;v. 51
ISBN
9041104577 (alk. paper)
서지주기
Includes bibliographical references (p. 305-340) and index.
일반주제명
Torture.
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010 ▼a 99018785
020 ▼a 9041104577 (alk. paper)
040 ▼a DLC ▼c DLC ▼d OHX ▼d 211009
049 ▼l 111143729
050 0 0 ▼a K5304.A41984 ▼b B68 1999
072 7 ▼a JX ▼2 lcco
082 0 0 ▼a 341.4/8 ▼2 22
084 ▼a 341.48 ▼2 DDCK
090 ▼a 341.48 ▼b B763u
100 1 ▼a Boulesbaa, Ahcene.
245 1 4 ▼a The U.N. Convention on Torture and the prospects for enforcement / ▼c by Ahcene Boulesbaa.
246 3 ▼a UN Convention on Torture and the prospects for enforcement
260 ▼a The Hague ; ▼a Boston : ▼b M. Nijhoff Publishers ; ▼a Sold and distributed in North, Central, and South America by Kluwer Law International ; : ▼b Cambridge, Mass., ▼c c1999.
300 ▼a xviii, 366 p. ; ▼c 25 cm.
490 1 ▼a International studies in human rights ; ▼v v. 51
504 ▼a Includes bibliographical references (p. 305-340) and index.
630 0 0 ▼a Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment ▼d (1984)
650 0 ▼a Torture.
830 0 ▼a International studies in human rights ; ▼v v. 51.

소장정보

No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 중앙도서관/법학보존서고(법학도서관 지하2층)/ 청구기호 341.48 B763u 등록번호 111143729 도서상태 대출가능 반납예정일 예약 서비스 B M

컨텐츠정보

목차

CONTENTS
PREFACE = xiii
ACKNOWLEDGEMENTS = xv
ABBREVIATIONS = xvii
CHAPTER ONE : The Scope of the Torture Convention = 1
  Introduction = 1
  Ⅰ. The Scope of the Prohibited Conduct = 4
    A. Article Ⅰ : Definition of Torture = 4
    B. The Origins and Evolution of Article Ⅰ = 4
  Ⅱ. Comment : General Description = 9
    A. The Nature of the Conduct = 9
    B. The Intention and Purpose of the Conduct = 20
    C. The Identity of the Offender = 23
    D. The Exclusion of Conduct Inherent in or Incidental to Lawful Sanctions From the Definition of the Article = 28
  Ⅲ. The Overbreadth of the Definition of Torture = 36
  Ⅳ. The Saving Clause Against the Weakening of Other Conventions and National Laws of States = 37
  Ⅴ. Conclusion = 39
CHAPTER TWO : The Nature of the Obligations Incurred by States Under Article 2 of the Torture Convention = 41
  Introduction = 41
  Ⅰ. The Scope of Article 2 = 43
  Ⅱ. General Comments = 43
    A. Problems Associated with Obligations of States = 43
    B. The Need for the Identification of the Nature of the Obligations of States Under this Convention = 45
  Ⅲ. The Nature of the Obligations of the States Parties = 46
    A. The Question of Timing = 46
      1. The Practice of States = 47
      2. The General Rules of International Law = 49
    B. The Question of the Precise Duty of the Parties = 50
    C. The Question of the Appraisal of the Effectiveness of the Measures to Prevent the Prohibited Conduct = 58
      1. Third Party = 60
      2. Supervisory Bodies = 62
      3. Collective Judgement = 63
    D. The Question of the Implementation of the Measures taken by States = 65
  Ⅳ. The Territorial Application of the Convention = 74
  Ⅴ. The Prohibition of Torture in All Circumstances = 76
    A. General Comment = 76
      1. The Question of Whether the Inclusion of These Words in This Convention Was Necessary = 78
      2. The Question of Whether the Exceptional Circumstances Enumerated Herein Are Exhaustive or Merely an Example = 79
  Ⅵ. Due Obedience to Orders in Mitigation of Punishment = 83
    A. The Travaux Pr e' paratoires of the Convention and the Work of the International Law Commission = 83
    B. The General Principles of International Law = 85
  Ⅶ. Conclusions = 87
CHAPTER THREE : The Problems of Enforcement of Human Rights = 89
  Introduction = 89
  Ⅰ. The Core of the Problem of Enforcement of Human Rights = 91
    A. U.N. Enforcement of Human Rights under the Charter = 100
      1. The Lengthy Review Procedures = 104
      2. The Ambiguity of the Review Test = 104
      3. The Requirement of Consent = 106
    B. Enforcement of Human Rights Under the Covenant on Civil and Political Rights = 107
      1. The Reporting System = 110
      2. Inter-State Communications on the Non-Fulfilment of Obligations Incurred under the Covenant on Civil and Political Rights = 113
      3. Communications of Individuals = 116
    C. Enforcement of Human Rights under the European Convention on Human Rights and Fundamental Freedoms = 118
      1. The European Commission of Human Rights = 119
      2. The European Court of Human Rights = 122
      3. The Committee of Ministers = 124
    D. State Enforcement : State A Intervenes in the Territory of State B Justifying Action as Necessary = 127
      1. International Case Law = 129
      2. The Practice of States = 132
  Ⅱ. U.N. Action by Way of Enforcement = 138
    A. Article 2 (7) of the U.N. Charter = 138
    B. Meaning of Intervention = 139
      1. The U.N. Practice = 141
      2. The Legislative History of the U.N. Charter = 142
    C. The Impact of a Finding of a Threat to, or Breach of International Peace = 143
    D. The Relativity of the Concept of Domestic Jurisdiction = 148
      1. Can It Be Defined = 152
      2. Who Has the Power to Define = 158
      3. By What Criteria = 161
    E. The Spectrum of Intervention = 163
      1. Sanctions = 163
      2. Decisions = 168
      3. The Establishment of the Protection Zones for the Kurds in Northern Iraq = 168
  Ⅲ. The Effect of Article 2 (7) of the U.N. Charter and the Declaration of Competence in the Conventions on Human Rights on the Ability of International Law to Protect Human Rights World-Wide = 170
  Ⅳ. Conclusions = 173
CHAPTER FOUR : A Commentary on the Enforcement Mechanisms by the States Parties of the Torture Convention = 175
  Introduction = 175
  Ⅰ. The Multi-State Jurisdiction Under Article 5 of the Torture Convention = 177
    A. General Description = 177
    B. General Comment = 177
  Ⅱ. The Scope and Nature of the Jurisdiction Provided for in Article 5 of the Torture Convention = 181
    A. The Question of Whether the Jurisdiction of the State of Registration of the Aircraft or of the Ship Under Article 5(1) (a) of the Torture Convention is Exclusive = 181
      1. The Conventions From Which the Provisions of Article 5 (1) (a) of the Torture Convention Were Borrowed = 182
      2. The General Principles of International Law Regarding the Jurisdiction of the Flag State Over the Crimes of Torture Committed on Board Ship Under Article 5 (1) (a) of the Torture Convention = 186
    B. The Question of the Priority of the Jurisdiction of the State Where the Alleged Offender is Present in Any Territory Under its Jurisdiction According to Article 5 (2) as Against Other States Under Paragraph 1 (a) (b) and (c) of the Same Article of the Torture Convention = 189
      1. The Travaux Pr e' paratoires of Articles of the Torture Convention = 189
      2. The General Principles of International Law Concerning the Priority of the Jurisdiction of the State Where the Alleged Offender of Torture is Present Under Article 5 (2) of the Torture Convention = 199
    C. The Question of Whether the Multi-State Jurisdiction Provided for in Article 5 of the Torture Convention is Similar to that of Universal Jurisdiction Over Piracy = 204
  Ⅲ. The Aut Dedere Aut Judicare Formula Under Article 7 of the Torture Convention = 206
    A. General Description = 206
    B. General Comment = 206
      1. The Question of the Nature of the Obligation of the State Where the Alleged Offender of Torture is Found Under Article 7 (1) of the Torture Convention = 208
      2. The Question of Conflicting Requests for the Extradition of the Alleged Offender of Torture = 229
      3. The Question of Whether Paragraph 2 of Article 7 of the Torture Convention is Capable of Preventing the Intrusion of Political Considerations in the Decision-Making Process to Prosecute or Not to Prosecute the Alleged Offender of Torture = 230
  Ⅳ. The Question of the Effectiveness of the Provisions of Articles 5 and 7of the Torture Convention in the Enforcement of the Right to be Free From Torture and Their Potential For Solving the Problem of Non-Intervention in the Domestic Affairs of States = 232
  Ⅴ. Conclusions = 234
CHAPTER FIVE : Commentary on the International Machinery for the Supervision of the Implementation of the Torture Convention = 237
  Introduction = 237
  Ⅰ. The Nature and Composition of the International Machinery for the Supervision of the Implementation of the Torture Convention = 238
    A. General Description = 238
    B. General Comment = 240
  Ⅱ. The Establishment of the Committee Against Torture Under Article 17 of the Convention = 240
    A. The Question of the Acceptability of the Committee Against Torture to States and its Independence from their Influence = 241
    B. The Susceptibility of the Committee Against Torture to the Political Influence of States Parties to the Convention = 251
  Ⅲ. The Functions of the Committee Against Torture = 252
    A. The Reporting System = 252
      1. General Description = 252
      2. General Comment = 253
      3. The Precise Powers of the Committee Against Torture When Considering the Reports of States = 254
    B. The Investigatory Procedure = 264
      1. General Description = 264
      2. General Comment = 265
      3. The Extent to Which the Investigatory Procedure May Produce Its Intended Results = 265
    C. Inter-State Communications = 277
      1. General Description = 277
      2. General Comment = 279
      3. The Nature of the System of Inter-State Communications and the Powers Given to the Committee Against Torture in its Administration = 280
    D. Individual Petitions = 286
      1. General Description = 286
      2. General Comment = 287
      3. The Ability of the System of Individual Petitions to Provide Effective Remedies to the Victims of Torture = 288
  Ⅳ. The Potential of the Committee Against Torture = 293
  Ⅴ. Conclusions = 294
CHAPTER SIX : General Conclusions = 295
BIBLIOGRAPHY = 305
  Articles = 305
  Books = 310
  Awards, Decisions and Judgements of International and National Courts = 313
  Sources = 315
  Official Publications = 325
  International Treaties, Conventions and Other Instruments = 338
APPENDIX Ⅰ = 341
INDEX = 357

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