Urgency and human rights : the protective potential and legitimacy of interim measures

Urgency and human rights : the protective potential and legitimacy of interim measures / Eva Rieter, Karin Zwaan, editors

This book deals with urgency and human rights. 'Urgent' is a word often used, in very different contexts. Yet together with a reference to human rights violations, it likely triggers images of people caught up in armed conflict, facing terror from either the state, gangs, paramilitaries, o...

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Bibliographic Details
Other Authors: Rieter, E. R. (Eva R.) (Editor), Zwaan, Karin, 1969- (Editor)
Format: eBook
Language:English
Published: The Hague, The Netherlands : T.M.C. Asser Press, [2021]
Subjects:
International law and human rights.
Human rights.
International human rights courts.
Human rights
Humanitarian law
International law
Law
Europe
Online Access:Click for online access
Table of Contents:
  • Intro
  • Preface
  • Contents
  • Contributors
  • 1 Introduction: Perspectives on the Protective Potential of Interim Measures in Human Rights Cases and the Legitimacy of Their Use
  • 1.1 Contended Interim Measures: Time and Urgency
  • 1.2 Legitimate Use of Interim Measures
  • 1.3 The Protective Potential of Interim Measures
  • 1.4 Protection Gaps and Obstacles in the Face of Urgency
  • 1.5 Existing Literature and the Approach Taken in This Book
  • 1.6 The Contributions by Scholars and Practitioners
  • References
  • 2 Urgency and Human Rights: The Necessary and Legitimate Role of Regional Human Rights Tribunals
  • 2.1 Introduction
  • 2.2 Legal Authority
  • 2.3 The Rights Violations That Trigger Urgent Action
  • 2.4 Procedural Issues
  • 2.5 Legal Consequences When Urgent Measures Are Indicated
  • 2.6 Conclusions
  • References
  • 3 Urgency and Human Rights in EU Law: Procedures Before the Court of Justice of the EU
  • 3.1 Introduction
  • 3.2 Provisional Legal Protection
  • 3.2.1 Interim Measures in the General Court and the CJEU
  • 3.2.2 Interim Measures in the General Court
  • 3.2.3 Interim Measures in the Court of Justice
  • 3.2.4 EU Law and Provisional Legal Protection before National Courts
  • 3.3 The Preliminary Procedure-'Normal', Urgent and Expedited
  • 3.3.1 Preliminary Ruling Procedure
  • 3.3.2 The Urgent Preliminary Procedure (PPU)
  • 3.3.3 The Expedited Procedure (PPA)
  • 3.4 Conclusions
  • References
  • 4 The Politics of Interim Measures in International Human Rights Law
  • 4.1 Introduction
  • 4.2 Legal Basis for the Binding Force of Interim Measures
  • 4.3 Legal Challenges to the Obligation to Comply with Interim Measures
  • 4.4 Challenges to Interim Measures at Inter-Governmental Level
  • 4.4.1 European Convention System: Interim Measures and the Interlaken Reform Process
  • 4.4.2 Precautionary Measures and the Process of 'Strengthening' the IACHR
  • 4.4.3 Interim Measures in UN Optional Protocol Negotiations
  • 4.5 Conclusions: Ensuring Practical and Effective Protection
  • References
  • 5 Provisional Measures in the African Human Rights System: Lingering Questions of Legitimacy
  • 5.1 Introduction
  • 5.2 The Legal Foundations for Provisional Measures in the AHRS
  • 5.3 Urgency, Extreme Gravity and Irreparable Harm in the African Human Rights System
  • 5.3.1 The African Commission
  • 5.3.2 The African Court
  • 5.4 (Non- )Compliance and the Legitimacy Question
  • 5.5 Strategies for Improving Compliance with Provisional Measures in the AHRS
  • 5.6 Conclusion
  • References
  • 6 The Legitimacy of Interim Measures from the Perspective of a State: The Example of Canada
  • 6.1 Introduction
  • 6.2 The Continuing Currency of the Issue
  • 6.3 Canada's Long-Standing Objection Concerning Interim Measures Requests
  • 6.4 The Legal Basis for Interim Measures Requests

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