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International Human Rights Law

The last fifty years have witnessed the development of a global system of human rights promotion and protection. Canada has played a significant role in its growth and will likely continue to do so. Yet until now, there has not existed a comprehensive textbook on international human rights law written for Canadians. International Human Rights Law seeks to meet this need in a way that will encourage greater understanding of, and use of, international human rights law by lawyers, students and others.

Part One introduces the international law of human rights, including the related areas of international labour, refugee, humanitarian, and criminal law. The history and sources of international human rights are described and the leading treaties discussed.

Part Two addresses the reception of international human rights norms in Canadian domestic law. After introducing Canadian reception law and the leading Canadian human rights laws, this part embarks on an ambitious survey of the means by which the Charter and other laws implement–or fail to implement–Canadian human rights obligations.

Part Three is devoted to the promotion and protection of human rights in Canadian, international, and (to a lesser extent) foreign law. This part emphasizes remedial measures available to victims of human rights abuses, whether suffered in Canada or abroad.

Finally, the conclusion considers contemporary trends and issues in human rights law, including terrorism, humanitarian intervention, transitional justice, and domestic reception.

The book also includes a foreword by the UN Human Rights Commissioner, the Hon. Louise Arbour, and useful appendices on Canadian human rights treaty obligations.

Mark Freeman

Mark Freeman holds a BA in liberal arts from McGill University, an LL.B from the University of Ottawa, and an LL.M from Columbia University. He is a former senior associate at the International Center for Transitional Justice. He has published extensively on human rights topics and is currently co-authoring two other books: a casebook on transitional justice and a treatise on international standards of due process for fact-finding bodies. Based in Toronto, he actively consults on human rights issues in transitional and post-conflict contexts around the world.

Gibran van Ert

Gibran van Ert holds a BA in history from McGill University, an MA in law from Sidney Sussex College, Cambridge, and an LL.M from the University of Toronto. He is a former law clerk to Madam Justice Prowse of the Court of Appeal for British Columbia and to Justices Gonthier and Fish of the Supreme Court of Canada. He is the author of Using International Law in Canadian Courts (Kluwer Law International, 2002) as well as several articles in the field of Canadian reception law.

Chapter Title Abstract Contributors Pages Year Price

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Provides a list of abbreviations for organizations and written legal sources commonly mentioned throughout the book. ; 4 $0.40

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Provides a brief history of human rights, focusing on the development of public international law, the development of individual rights, the forerunners of international human rights law such as … ; 21 $2.10

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Discusses the concept of human rights, considering the defining characteristics of the concept of human rights and challenges to the human rights model, such as religion, economic development and … ; 27 $2.70

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Considers the subjects and sources of international human rights law, placing focus on treaties, custom, general principles of law, judicial decisions and so-called "soft law." ; 18 $1.80

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Discusses the International Bill of Human Rights, which is comprised of the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the … ; 16 $1.60

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Explores other UN human rights instruments, focusing on the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Convention on the Elimination of All … ; 15 $1.50

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Discusses regional human rights instruments, specifically focusing on the Organization of American States (OAS), the European instruments and the African Union instruments. ; 18 $1.80

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Explores fields related to human rights, such as international labour law, international refugee protection law, international humanitarian law and international criminal law. ; 26 $2.60

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Discusses the general principles of Canadian reception law, including the four pillars of Canadian reception law, reception and the separation of powers, reception and the division of powers and … ; 39 $3.90

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Discusses reception through the Charter and other domestic human rights laws, such as the Canadian Bill of Rights and the Canadian Human Rights Act (CHRA). Implied rights and public policy are … ; 29 $2.90

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Discusses the reception of specific international human rights, such as the freedom of thought, conscience and religion, the freedom of expression, the freedom of peaceful assembly, democratic … ; 115 $11.50

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Discusses the reception of international labour, refugee, humanitarian and criminal laws into Canadian law. ; 9 $0.90

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Considers state responsibility for breaches of international human rights law, looking at the nature and scope of state responsibility, the attribution of conduct to the state and remedies for … ; 7 $0.70

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Discusses Canadian human rights mechanism, which includes judicial mechanisms, anti-discrimination mechanisms, investigative mechanisms, political mechanisms, labour law mechanisms, refugee … ; 35 $3.50

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Discusses UN human rights mechanisms, such as treaty bodies, the Economic and Social Council (ECOSOC), the Office of the High Commissioner for Human Rights, the International Court of Justice … ; 41 $4.10

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Considers regional human rights mechanisms, including the Inter-American system, the European systems and the African Union. ; 29 $2.90

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Discusses other multilateral mechanisms, which includes international labour law mechanisms, international refugee protection mechanisms and international humanitarian law mechanisms. ; 14 $1.40

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Explores international and mixed criminal tribunals. Ad hoc international criminal tribunals, the International Criminal Court (ICC) and mixed criminal tribunals such as the Special Court for … ; 24 $2.40

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Discusses foreign criminal and civil proceedings, focusing on jurisdiction, human rights-related foreign criminal proceedings and human rights-related foreign civil proceedings. ; 16 $1.60

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Discusses the history of human rights non-governmental organizations (NGOs) and focuses on particular NGOs such as Amnesty International, Human Rights Watch and other Canadian NGOs. ; 9 $0.90

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Concludes by discussing contemporary trends and issues regarding human rights, such as terrorism, the relationship between business and human rights, the question of humanitarian intervention, … ; 29 $2.90

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Explains the concordance of Canadian and international human rights instruments. ; 7 $0.70

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Explains Canada Treaty Series citations. ; 2 $0.20

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Provides the selected treaties that are in force for Canada. ; 13 $1.30