《INTERNATIONALLAW AND HUMAN RIGHTS》求取 ⇩

PART ONE THE RIGHTS OF MAN AND THE LAW OF NATIONS3

SECTION ⅠTHE SUBJECTS OF THE LAW OF NATIONS3

1.THE TRADITIONAL DOCTRINE AND THE PRACTICE OF STATES3

1.Introductory.The Significance of the Problem of the Subjects of International Law3

2.The Positivist Doctrine6

3.The Practice of States9

4.International Public Bodies as Subjects of International Law12

5.The United Nations19

6.Consultative Status of Private International Organisations23

2.THE INDIVIDUAL AS A SUBJECT OF INTERNATIONAL RIGHTS AND DUTIES27

1.Individuals as Subjects of Rights under Treaties27

2.Individuals as Subjects of International Law in the matter of Jurisdiction and Extradition29

3.The Charter of the United Nations and the Position of the Individual as a Subject of International Law.Humanitarian Intervention31

4.Crimes against Humanity and Fundamental Human Rights35

5.The Individual as a Subject of International Duties.So-called Offences against the Law of Nations38

6.Individuals as Organs of the State.Contractual and Tortious Liability40

7.Criminal Responsibility42

8.The Significance of the Recognition of the Individual as a Subject of International Duties45

3.INTERNATIONAL PROCEDURAL CAPACITY OF INDIVIDUALS48

1.Access of Individuals to International Tribunals48

2.Obligatory Jurisdiction of International Tribunals in Claims by Private Persons52

3.Procedural Capacity and the Quality of a Subject of Law54

4.Voluntary Jurisdiction of International Tribunals in respect of Private Claims56

4.THE SUBJECTS OF THE LAW OF NATIONS,THE FUNCTION OF INTERNATIONAL LAW,AND THE RIGHTS OF MAN61

1.The Subjects of International Law and its Development61

2.The Subjects of International Law and the Doctrine of Sovereignty67

3.The Rights of Man,the Subjects of International Law,and the Future of the Law of Nations69

SECTION ⅡTHE LAW OF NATURE AND THE RIGHTS OF MAN73

5.THE IDEA OF NATURAL RIGHTS IN LEGAL AND POLITICAL THOUGHT73

1.Introductory.The Doctrine of Natural Rights73

2.Greek Philosophy and the Greek State80

3.The Stoics and Roman Thought83

4.The Middle Ages84

5.The Reformation and the Social Contract86

6.Fundamental Rights in Modern Constitutions89

7.The Sanction of the Constitutions91

6.THE FUNCTION OF NATURAL LAW AND THE RIGHTS OF MAN94

1.Human Rights and the Law of Nature in Antiquity94

2.The "Higher Law " in the Middle Ages95

3.Natural Law as Based on Experience97

4.The Alleged Arbitrariness of Natural Law100

5.The Law of Nature as a Lever of Progress and as an Instrument of Reaction103

6.The Law of Nature as the Expression of Inalienable Rights of Man111

7.THE LAW OF NATIONS AND THE INALIENABLE RIGHTS OF MAN114

1.International Law and the Law of Nature114

2.The Founders of International Law and the Natural Rights of Man.Grotius115

3.The Same.Vattel.Wolff.Pufendorf118

4.The Doctrine of Humanitarian Intervention120

5.The Interaction of International Law,the Law of Nature and the Doctrine of Natural Rights122

6.The International Order and the Inalienable Rights of Man123

8.THE ENGLISH SOURCES OF THE DOCTRINE OF FUNDAMENTAL RIGHTS127

PART TWO HUMAN RIGHTS UNDER THE CHARTER OF THE UNITED NATIONS145

SECTION ⅠTHE LAW OF THE CHARTER145

9.THE LEGAL EFFECT OF THE PROVISIONS OF THE CHARTER145

1.The Legal Nature of the Obligations of the Charter in the Matter of Human Rights and Fundamental Freedoms145

2.Extent of the Legal Obligations of the Members of the United Nations154

3.Human Rights and Fundamental Freedoms under the Trusteeship System160

4.Human Rights in the Peace Treaties161

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 State180

4.The Powers of the Security Council and Matters of Domestic Jurisdiction183

5.The Case of Spain before the Security Council and the General Assembly188

6.The Indian-South African dispute192

7.Other Cases of Appeal to Article 2,para.7199

8.The Clause of Domestic Jurisdiction and Non-Member States.The Case of Bulgaria and Hungary205

9.The Clause of Domestic Jurisdiction in the Scheme of the Charter213

SECTION ⅡTHE IMPLEMENTATION OF THE CHARTER221

11.THE COMMISSION ON HUMAN RIGHTS AND THE EFFECTIVE RIGHT OF PETITION221

1.Human Rights and the Organs of the United Nations221

2.The Commission on Human Rights and the Implementation of the Charter223

3.The Deliberative and Implementing Functions of the Organs of the United Nations227

4.Violations of Human Rights and Action of the Organs of the United Nations229

5.The Procedure of Petitions and the Commission on Human Rights234

6.The Natural Right of Petition244

12.THE ORGANISATION AND COMPOSITION OF THE COMMISSION ON HUMAN RIGHTS252

1.The Function of the Commission and its Resources252

2.The Composition of the Commission on Human Rights254

3.The First Phase of the Activities of the Commission on Human Rights260

4.The Commission on the Status of Women262

5.The Sub-Commissions of the Commission on Human Rights265

PART THREE THE INTERNATIONAL BILL OF THE RIGHTS OF MAN273

SECTION ⅠTHE PROBLEM OF THE BILL OF RIGHTS273

13.THE SUBSTANCE AND THE ENFORCEMENT OF THE BILL OF RIGHTS273

1.The Progress of the Bill of Rights within the United Nations273

2.The "Covenant" of Human Rights276

3.The Contents of the Bill of Rights280

4.Enforcement of the International Bill of Rights.The Right of Petition286

5.The Enforcement of the International Bill of Rights.The International Judicial Determination of Human Rights291

6.The Enforcement of the International Bill of Rights.The Nature of International Sanctions292

14.THE BILL OF RIGHTS WITHIN AND OUTSIDE THE UNITED NATIONS296

1.The Obstacles to a Bill of Rights within the United Nations296

2.The Bill of Rights and Surrender of Sovereignty304

3.The Alternatives to a Bill of Rights within the United Nations308

4.The Obligations of the Charter as Independent of the Bill of Rights311

SECTION Ⅱ THE PRINCIPLES OF AN INTERNATIONAL BILL OF THE RIGHTS OF MAN313

15.THE OBLIGATIONS OF THE BILL OF RIGHTS313

1.Draft of The International Bill of the Rights of Man313

2.The Contents of the Bill of Rights and the Problem of Universality321

3.The Basis of the Bill:The Preamble.The Law of Nature.The Duties to the State325

4.Rights of Personal Freedom.The Limits of Elaboration in the Bill of Rights327

5.Slavery and Forced Labour333

6.Freedom of Religion,Opinion and Association335

7.The Right of Petition337

8.Equality before the Law and Freedom from Discrimination338

9.Discrimination by Bodies Other than the State340

10.The Rights of Aliens.Expulsion of Aliens343

11.The Right of Asylum345

12.The Right to Nationality.Emigration and Expatriation346

13.The Right to Government by Consent350

14.Dependent Communities and the Right to Government by Consent351

15.The Rights of Minorities352

16.Social and Economic Rights354

16.THE IMPLEMENTATION AND ENFORCEMENT OF THE BILL OF RIGHTS356

1.The Incorporation of the Bill of Rights as Part of Municipal Law356

2.The Position of Federal States359

3.The Bill of Rights and Non-Metropolitan Territories364

4.Limits of the Operation of the Bill of Rights.Suspension of Constitutional Guarantees365

5.The Collective Guarantee of the United Nations and of the Signatories of the Bill372

6.The Human Rights Council.The Dual Character of the Implementation of the Bill373

7.The Organisation and Jurisdiction of the Human Rights Council378

8.The Judicial Enforcement of the Bill of Rights381

9.The Nature of the Recommendations of the Human Rights Council387

10.The Bill of Rights and the Powers of the United Nations under the Charter388

11.Acceptance of the Bill of Rights.The Problem of Reservations389

12.Amendment of the Bill of Rights391

13.Withdrawal from the Bill of Rights392

SECTION ⅢTHE UNIVERSAL DECLARATION AND THE EUROPEAN COURT394

17.THE UNIVERSAL DECLARATION OF HUMAN RIGHTS394

1.The Proclaimed Importance of the Declaration394

2.The Rejection of the Declaration as a Legal Instrument397

3.The "Indirect" Legal Authority of the Declaration408

4.The Question of the Moral Force of the Declaration417

5.The Declaration and the Charter424

18.THE PROPOSED EUROPEAN COURT OF HUMAN RIGHTS435

1.The Recommendations of the Consultative Assembly of the Council of Europe435

2.The Council of Europe and Human Rights437

3.The Bill of Rights441

4.The European Commission for Human Rights444

5.The European Court of Human Rights449

6.The European Court of Human Rights and the Sovereignty of the Members of the Council of Europe453

7.Sovereignty,Federation and the Rights of Man456

Index465