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Author: Sara De Vido

The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).

Vincent Chapaux

planetary species by categorizing these living creatures as ‘products’. 4 This author is not of the opinion that current international law is entirely anthropocentric. As the botanist in the above-mentioned movie, international law can sometimes be characterized as biocentric, which means that some of its rules embrace the vision according to which each species has an equal right to live on the planet. It is the case of numerous conventions protecting whales or other species from commercial predation, for instance. 5 Other rules of international law aim at protecting

in Cinematic perspectives on international law
William Thomas Worster

Although it is often argued that international organizations do not contribute to customary international law in the same manner as States, this position ignores situations where an international organization assumes the governance of a State or territory. In these cases, the usual paradigm distinguishing states from international organizations fails and the organization takes on the function of a State. A survey of citations shows that International Territorial Administrations, where an organization functions as a State government, do contribute to customary

in International organisations, non-State actors, and the formation of customary international law
Serge Sur

When the editors of this most interesting book invited me to comment on its chapters, I felt very much honoured and also challenged. I happen to have written essays about cinema, but in a spirit of analysis rather than synthesis. That is to say, I selected a restricted number of films, without focusing on international law per se. 1 Ever since its inception, cinema has inspired many written pieces, notably artistic or technical considerations. It has progressed, a long time ago, from the status of mere entertainment to that of art in its own right, a

in Cinematic perspectives on international law
Marco Benatar

Even in the far reaches of space, debates over international law rage on. Nowhere more so than on Third Earth, where the ThunderCats , 1 a motley crew of feline humanoids, engage in a heated argument over the prohibition of warp gas, a chemical weapon which toys with the emotional state of sentient beings. Having witnessed their foes, fearsome mutants, spray the outlawed gas on their victims, a conversation ensues amongst the ThunderCats (season 1, episode 4, 1985): Tygra: So that’s it! Warp gas! Panthro: I thought the Interstellar Council ruled

in Cinematic perspectives on international law
Hilary Charlesworth and Christine Chinkin

Introduction The control and regulation of state violence is one of the cornerstones of post-UN Charter international law. The primary purpose of the UN is ‘[t]o maintain international peace and security … to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the

in The boundaries of international law
Jérémie Gilbert

91 Chapter 4 CERD’s contribution to the development of the rights of indigenous peoples under international law Jérémie Gilbert* Introduction The rights of indigenous peoples under international human rights law have greatly evolved in the last two decades, notably with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007 which came to light after more than twenty years of negotiations.1 In terms of international legal standards, there are two main approaches to the rights of indigenous peoples, one stemming from

in Fifty years of the International Convention on the Elimination of All Forms of Racial Discrimination
Setting the precedent

This book is an attempt at a comprehensive presentation of the history of humanitarian intervention in the long nineteenth century, the heyday of this controversial doctrine. It starts with a brief presentation of the present situation and debate. The theoretical first part of the book starts with the genealogy of the idea, namely the quest for the progenitors of the idea in the sixteenth and seventeenth century which is a matter of controversy. Next the nineteenth century ‘civilization-barbarity’ dichotomy is covered and its bearing on humanitarian intervention, with its concomitant Eurocentric/Orientalist gaze towards the Ottomans and other states, concluding with the reaction of the Ottomans (as well as the Chinese and Japanese). Then the pivotal international law dimension is scrutinized, with the arguments of advocates and opponents of humanitarian intervention from the 1830s until the 1930s. The theoretical part of the book concludes with nineteenth century international political theory and intervention (Kant, Hegel, Cobden, Mazzini and especially J.S. Mill). In the practical second part of the book four cases studies of humanitarian intervention are examined in considerable detail: the Greek case (1821-1831), the Lebanon/Syria case (1860-61), the Balkan crisis and Bulgarian case (1875-78) in two chapters, and the U.S. intervention in Cuba (1895-98). Each cases study concludes with its bearing on the evolution of international norms and rules of conduct in instances of humanitarian plights. The concluding chapter identifies the main characteristics of intervention on humanitarian grounds during this period and today’s criticism and counter-criticism.

This book is a full-length study of the rights of indigenous peoples in international law, focusing in particular on instruments of human rights. The primary reference point is contemporary law, though the book also examines the history of indigenous peoples through the lens of historical legal discourses. The work critically assesses the politics of definition and analyses contested definitions and descriptions of indigenous groups. Most of the chapters are devoted to detailed examination of existing and emerging human rights texts at global and regional levels. Among the instruments considered in the book are the International Covenants on Human Rights, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Racial Discrimination, the African Charter on Human and People's Rights, and the ILO Conventions on Indigenous and Tribal Peoples.

A living instrument

Nineteenth-century international law imbibed the racist virus. The twentieth century attempted to find an escape through fundamental, principled restatements of the equality and dignity of human beings and the worth of the cultures of humanity in all their subtlety and variety. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) was preceded by the Declaration on the Elimination of All Forms of Racial Discrimination in 1963, and converted its premises into legally binding standards. The ICERD carried the hopes and aspirations of many in the international community for an international order of mutual respect and harmony among nations and peoples. This book tracks the debates that have shaped Committee on the Elimination of Racial Discrimination's (CERD) policies and practices on disaggregated data over its first forty-five years. The UN World Conference Against Racism, Racial Discrimination, Xenophobia and related Intolerance (WCAR) created an opportunity for the family of nations to engage in a global dialogue. The rights of indigenous peoples under international human rights law have greatly evolved with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007. CERD's serious attention to the continuing role played by anti-Romani sentiment - anti-Gypsyism - in shaping the societies is required. The central concern of General Recommendation 35 (2013) of the CERD was to figure out and set out how the 'resources' of the ICERD can be optimally 'mobilised' for the purpose of combating racist hate speech.